06-18-2001 - Workshop/Regular
..,;
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Council meQers will hold a Workshop Sessio~t 6:30 p.m.,
prior to the regular meeting to discuss
future plans for Kennedy Park
Voting Order
CotmcihromanRhodes
Cotmcilwomanlichter
Mayor &hmidt
Councilman Brown
Councilman Vincenzi
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
June 18, 2001
7 :00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Regular Meeting of May 7,2001
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA nONS
A. Detective David Arcieri, Edgewater Criminal Investigations Division,
recognized for winning Volusia County's Crime Stoppers Officer of The
Year Award.
B. Plaques presented to Sondra Pengov (from Apri118, 1989, through July 5,
2001) and Carl Messer (from September 29, 1978, through July 19,2001) in
recognition of their outstanding service to the City of Edge water.
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 less.)
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
Items A through GG are related to transmittal of the updated Comprehensive Plan. Items
A through GG will be read into the record as a group and the public will be asked to address
any specific area of concern. A single motion will be requested to approve and transmit
items A through GG.
A. 1 st Reading, Ord. NO.200 1-0-09, amending the official Future Land Use Map
to include 85.39 acres of property located at DBCC, 940 10th Street, as
Public/Semi-Public with Conservation Overlay to reflect annexation.
B. }"' Reading, Ord. No. 2001-0-10, amending the official Future Land Use
Map to include 37.98 acres of property located at St. Gerards Church, 3171
S. Ridgewood Avenue, as Public/Semi-Public with Conservation Overlay to
reflect annexation.
C. I st Reading, Ord. No. 2001-0-11, amending the official Future Land Use
Map to include 13.72 acres of property located on the east side of US 1 north
of Sea Pines Memorial Gardens as Commercial with Conservation Overlay
to reflect annexation.
D. }"' Reading, Ord. No. 2001-0-12, amending the official Future Land Use
Map to include 19.18 acres of property located at the Ranken Subdivision
between US 1 and the Indian River as Low Density Residential, Commercial
with Conservation Overlay to reflect annexation.
E. 1st Reading, Ord. No. 2001-0-13, amending the official Future Land Use
Map to include 8.26 acres of property located on the north and south side of
Palm Breeze Drive between US 1 and Riverside Drive as Low Density
Residential, Commercial with Conservation Overlay to reflect annexation.
F. }"' Reading, Ord. No. 2001-0-14, amending the official Future Land Use
Map to include. 76 acres of property located on the west side of US 1 west of
28th Street (Storch Property) as Commercial to reflect annexation.
G. }"' Reading, Ord. No. 2001-0-15, amending the official Future Land Use
Map to include 2.56 acres of property located at 2913 and 2915 SR 442 as
Low Density Residential with Conservation Overlay to reflect annexation.
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H. 1'1 Reading, Ord. No. 2001-0-16, amending the official Future Land Use
Map to include 7.85 acres of property located on the northwest corner of
Hide A way Lane and SR 442 as Low Density Transition with Conservation
Overlay to reflect annexation.
1. 1'1 Reading, Ord. No. 2001-0-17, amending the official Future Land Use
Map to include 89.91 acres of property located on the north side ofSR 442,
west of Lybrand Avenue (Citrus Grove) as Mixed Use with Conservation
Overlay to reflect annexation.
J. 1'1 Reading, Ord. No. 2001-0-18, amending the official Future Land Use
Map to include 45.00 acres of property 3315 SR 442 (Water Treatment
Plant) as Public/Semi-Public to reflect annexation.
K. 1 sl Reading, Ord. No.200 1-0-19, amending the official Future Land Use Map
to include 1.55 acres of property located on the southwest corner of Pine
Dale Road and SR 442 as Low Density Residential to reflect annexation.
1. 1'1 Reading, Ord. No. 2001-0-20, amending the official Future Land Use
Map to include 22.32 acres of property located on the west side ofS. Airpark
Road from SR 442 to 22nd Street as Low Density Transition, Public/Semi-
Public with Conservation Overlay to reflect annexation.
M. 1'1 Reading, Ord. No. 2001-0-21, amending the official Future Land Use
Map to include 69.96 acres of property located along south side of SR 442,
west of S. Airpark Road, east of Old Mission Road as Mixed Use with
Conservation Overlay to reflect annexation.
N. 1st Reading, Ord. No. 2001-0-22, amending the official Future Land Use
Map to include 10.00 acres of property located on northwest corner of Oak
Trail, western most end of Oak Trail as Low Density Transition with
Conservation Overlay to reflect annexation.
O. 1 st Reading, Ord. No. 2001-0-23, amending the official Future Land Use
Map to include 102.45 acres of property located south of SR 442, west of
Oak Trail as Low Density Transition with Conservation Overlay to reflect
annexation.
P. 1'1 Reading, Ord. No. 2001-0-24, amending the official Future Land Use
Map to include 4.69 acres of property located at 3220 SR 442 as Commercial
to reflect annexation.
Q. 1 st Reading, Ord. No. 2001-0-25, amending the official Future Land Use
Map to include 69. 15 acres of property located north of Eels Grove Road,
east of Cow Creek Road as Agriculture with Conservation Overlay to reflect
annexation.
R. 1 ~1 Reading, Ord. No. 2001-0-26, amending the official Future Land Use
Map to include .70 acres of property located at 3336 SR 442 as Commercial
to reflect annexation.
S. 1'1 Reading, Ord. No. 2001-0-27, amending the official Future Land Use
Map to include 979.00 acres of property located at 3450 Old Dawson Road
as Mixed Use and Commercial with Conservation Overlay to reflect
annexation.
T. 1'1 Reading, Ord. No. 2001-0-28, amending the official Future Land Use
Map to include 16.96 acres of property located on the est side of Carol Ann
Drive (Royal Oaks Mobile Home Park) as Medium Density Residential with
Conservation Overlay to reflect annexation.
U. 1'1 Reading, Ord. No. 2001-0-29, amending the official Future Land Use
Map to include 137.27 acres of property located south of Park Avenue to
north of Ragis Road (Massey property) as Industrial with Conservation
Overlay to reflect annexation.
V. 1"1 Reading, Ord. No. 2001-0-30, amending the official Future Land Use
Map to include 141.91 acres of property located east of Airpark Road, south
of Park A venue encompassing Massey Ranch Road and Flying M Court as
Industrial, Medium Density Residential, Public/Semi-Public and Low
Density Transition with Conservation Overlay to reflect annexation.
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W. pI Reading, Ord. No. 2001-0-31, amending the official Future Land Use
Map to include 10.00 acres of property located west of Old Mission Road,
east of Cow Creek Road as Commercial to reflect annexation.
X. 1'1 Reading, Ord. No. 2001-0-32, amending the official Future Land Use
Map to include 13.95 acres of property located east of Tatum Road, west of
940 10th Street (DBCC) as Low Density Residential with Conservation
Overlay to reflect annexation.
y. 1st Reading, Ord. No. 2001-0-33, amending the Capital Improvements
Element by amending the data and analysis, maps, tables and by amending
certain revenue sources, funding, expenditures, scheduling, and by
establishing a Concurrency Management System, goals, objectives and
policies and by providing consistency with other elements of the
Comprehensive Plan.
Z. 1 st Reading, Ord. No. 2001-034, amending the Coastal Management Element
by amending the data and analysis, maps, tables, goals, objectives and
policies and by providing consistency with other elements of the
Comprehensive Plan.
AA. 1'1 Reading, Ord. No. 2001-0-35, amending the Conservation Element by
amending the data, inventory, Aanalysis, maps, tables, goals, objectives and
policies and by providing consistency with other elements of the
Comprehensive Plan.
BB. 1 sl Reading, Ord. No. 2001-0-36, amending the Future Land Use Element by
amending any and all of the Future Land Use maps, map categories, map
series; by amending the Future Land Use Maps to include Agriculture, Low
Density Transition, Mixed Use and Conservation Overlay Categories and by
eliminating the Planned Industrial Development Category; by amending the
existing Land Use Map, data, inventory, and land use analysis, tables, goals,
objectives and policies and by providing consistency with other elements of
the Comprehensive Plan.
CC. 1'1 Reading, Ord. No. 2001-0-37, amending the Housing Element in its
entirety including data and inventory, analysis of housing requirements,
tables, goals, objectives and policies and by providing consistency with other
elements of the Comprehensive Plan.
DD. 1 sl Reading, Ord. No. 2001-0-38, amending the Intergovernmental
Coordination Element by amending the data, analysis, goals, objectives and
policies and by providing consistency with other elements of the
Comprehensive Plan.
EE. 1'1 Reading, Ord. 2001-0-39, amending the Recreation and Open Space
Element by amending the data, inventory, analysis, maps, tables, goals,
objectives and policies and by providing consistency with other elements of
the Comprehensive Plan.
FF. 1s1 Reading, Ord. 2001-0-40, amending the Traffic Circulation Element by
amending the element title to Transportation, for consistency with Florida
Statutes, amending the data, inventory, analysis, maps, tables, goals,
objectives and policies and by providing consistency with other elements of
the Comprehensive Plan.
GG. 1'1 Reading, Ord. No. 2001-0-41, amending the Infrastructure Element -
Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural
Groundwater Aquifer Recharge Sub-elements by amending the element title
to Utilities for consistency with Florida Statutes, amending the data, analysis,
maps, tables, level-of-service standards, goals, objectives and policies and by
providing consistency with other elements of the Comprehensive Plan.
HH. 1'1 Reading, Ord. No. 2001-0-47, amending the Code of Ordinances by
modifying Chapter 21 (Land Development Code) with the addition of Article
XVII (Law Enforcement), Section 21-310 (Police Impact Fees); and
accepting the Police Impact Fee Study.
II. pI Reading, Ord. No. 2001-0-48, adjusting the Local Communications
Services Tax Rate to 5.5% in accordance with Florida's Communications
Services Tax Simplification Act.
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City Council Agenda
June 18,2001
Page -4-
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J1. 1st Reading, Ord. No. 2001-0-49, adjusting the Local Communications
Services Tax Rate by .12% in lieu of collecting permit fees from providers of
communications services that use or occupy municipal roads or rights-of-way
in accordance with Florida's Communications Services Tax Simplification
Act.
7. 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 ofthe most basic
rules of a 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. Citizen Code Enforcement Board Appointment - Councilwoman Rhodes to
consider Board's recommendation to appoint Joy Brindley to fill an expired
office.
2. General Employees Pension Board Appointments (6) - approval of City
Manager's reappointment of Jack Corder, Lisa Miller, Eric Bosse and
Kathy Cornelius for another three (3) year term. Mike Tenney was the
SPEA appointment and Tyna Hilton was the PEA appointment.
3. Easement Aoreement - staff recommending approval for the primary
use to maintain stormwater improvements and provide access to the
Silver Palm canal.
4. Event License Aoreements - staff recommending approval to use the
properties at the corners of E. Palm Way and US 1 and Lamont and
US 1 for vehicle parking for the July 4th fireworks show and for the
Mayor to execute the Agreements.
5. Rioht Of Entry Aoreement - staff recommending approval of the
Agreement that will enable FOOT to construct and make
improvements to the drainage canal next to Veterans Park and
authorize the Mayor or City Manager to execute the document.
6. Payment Method - staff recommending approval to enter into an
agreement with First Union Nation Bank to accept credit and debit
cards as payment option for City revenues and utility payments.
7. Geotechnical Testino Services - staff recommending approval to
award Law Engineering and Environmental Services, Inc. the bid to
perform testing services for the F.I.N.D. Phase I Construction project
at a cost of $28,066.00.
8. OTHER BUSINESS
A. Purchase and Sale Aoreement - requesting authorization for Mayor to
execute Agreement and to close on 7::!: acres of property from Dustin's
at US 1 and West Turgot Avenue.
B Florida Inland Navioation District Proiect - recommending response to
David Roach, Executive Director, and FIND Board indicating desire to
purchase the balance of Phase I (141.5 acres) for a City-owned
industrial park at the invested cost.
3. Economic Development Proposal - requesting authorization for City
staff to initiate negotiations with Volusia County for an assignable
Purchase/Sale Agreement for 64::!: acres (old Pre-stress Concrete
Plant) with an up to one-year due diligence period for a cost of
approximately $3.0 million.
4. Volusia County Proposed Redistrictino - for City Council discussion.
9. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
10. CITIZEN COMMENTS/CORRESPONDENCE
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City Council Agenda
June 18,2001
Page -5-
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 to five
minutes or less.
2) All items for inclusion on the July 2, 2001, agenda must be received by the City Manager's
office no later than 4:30 p.m. Monday, June 25, 2001.
Pursuant to Chapter 286, F8., 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, 904-424-2407, prior to the meeting.
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Outstanding Service Award
presented to
CARL MESSER
IN RECOGNITION OF OUTSTANDING SERVICE
TO THE
CITY OF EDGEW A TER
SEPTEMBER 29, 1978 - JULY 19, 2001
CJ
Carl is honored by citizens, friends and co-workers, who are deeply
appreciative of his loyal and dedicated employment service to our community
for the past 23 years with the City of Edgewater.
THEREFORE, by the authority vested in me as Mayor, and on behalf
of our governing body, employees and all our citizens, we present this plaque to
Carl extending our best wishes to him and his entire family, for much success and
happiness in his retirement and the future.
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith R. Lichter
City Manager Kenneth A. Hooper
City Clerk Susan J. Wadsworth
Personnel Director Deborah B. Sigler
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PUBLIC
HEARING
~. Q - ~ bG-
AGENDA REQUEST
Date: June 18.2001
RESOLUTION
OTHER
BUSINESS
ORDINANCE X
CONSENT
CORRESPONDENCE
ITEM DESCRIPTION:
Public Hearing
Ordinance No. 2001-0-09 Amending the Official Future Land Use Map to
include 85.39 acres of property as Public/Semi-
Public with Conservation Overlay to reflect
annexation for the property located at DBCC at
940 10th Street.
Ordinance No. 2001-0-10 Amending the Official Future Land Use Map to
include 37.98 acres of property as Public/Semi-
Public with Conservation Overlay to reflect
annexation for the property located at St.
Gerard's Church at 3171 S. Ridgewood
Avenue.
Ordinance No. 2001-0-11 Amending the Official Future Land Use Map to
include 13.72 acres of property as Commercial
with Conservation Overlay to reflect
annexation for the property located on the east
.side of U.S. Highway #1 and north of Sea Pines
Memorial Gardens.
Ordinance No. 2001-0-12 Amending the Official Future Land Use Map to
include 19.18 acres of property as Low Density
Residential, Commercial with Conservation
Overlay to reflect annexation for the property
located at the Ranken Subdivision between
U.S. Highway #1 and the Indian River.
Ordinance No. 2001-0-13 Amending the Future Land Use Map to include
8.26 acres of property as Low Density
Residential, Commercial with Conservation
Overlay to reflect annexation for the property
located on the north and south side of Palm
Breeze Drive between U.S. Highway #1 and the
Indian River.
Ordinance No. 2001-0-14 Amending the Official Future Land Use Map to
include .76 acres of property as Commercial to
reflect annexation for the property located on
the west side of U.S. Highway #1, west of 28th
?
Street (Storch Property).
Ordinance No. 2001-0-15 Amending the Official Future Land Use Map to
include 2.56 acres of property as Low Density
Residential with Conservation Overlay to
U reflect annexation of the property located at
2913 and 2915 S.R. 442.
Ordinance No. 2001-0-16 Amending the Official Future Land Use Map to
include 7.85 acres of property as Low Density
Transition with a Conservation Overlay to
reflect annexation of the property located on the
northwest corner of Hide Away Lane and S.R.
442.
Ordinance No. 2001-0-17 Amending the Official Future Land Use Map to
include 89.91 acres of property as Mixed Use
with a Conservation Overlay to reflect
annexation of the property located on the north
side ofS.R. 442, west of Lybrand Avenue
(Citrus Grove).
Ordinance No. 2001-0-18 Amending the Official Future Land Use Map to
0 include 45.00 acres of property as Public/Semi-
Public to reflect annexation of the property
located at 3315 Indian River Boulevard (Water
Treatment Plant).
Ordinance No. 2001-0-19 Amending the Official Future Land Use Map to
include 1.55 acres of property as Low Density
Residential to reflect annexation of the property
located at the southwest corner of Pine Dale
Road and S.R. 442.
Ordinance No. 2001-0-20 Amending the Official Future Land Use Map to
include 22.32 acres of property as Low Density
Transition, Public/Semi-Public with
Conservation Overlay to reflect annexation of
the property located on the west side of S.
Airpark Road from S.R. 442 to 22nd Street..
0 Ordinance No. 2001-0-21 Amending the Official Future Land Use map to
include 69.96 acres of property as Mixed Use
with a Conservation Overlay to reflect
annexation of the property located, along the
south side of S.R. 442, west of Air Park Road,
east of Old Mission Road.
Ordinance No. 2001-0-22 Amending the Official Future Land Use Map to
includelO.OO acres of property as Low Density
?
Transition with Conservation Overlay to reflect
annexation for property located at the northwest
comer of Oak Trail, western most end of Oak
T rai 1.
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Ordinance No. 2001-0-23 Amending the Official Future Land Use Map to
include 102.45 acres of property as Low
Density Transition with a Conservation Overlay
to reflect annexation for property located south
of S.R. 442 and west of Oak Trail.
Ordinance No. 2001-0-24 Amending the Official Future Land Use Map to
include 4.69 acres of property as Commercial
to reflect annexation for the property located at
3220 S.R. 442.
Ordinance No. 2001-0-25 Amending the Official Future Land Use Map to
include 69.15 acres of property as Agriculture
with Conservation Overlay to reflect
annexation for property located north of Eels
Grove Road, east of Cow Creek Road.
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Ordinance No. 2001-0-26 Amending the Official Future Land Use Map to
include.70 acres of property as Commercial to
reflect annexation for the property located at
3336 S.R. 442.
Ordinance No. 2001-0-27 Amending the Official Future Land Use Map to
include 979.00 acres of property as Commercial
with Conservation Overlay to reflect
annexation of the property located at 3450 Old
Dawson Road.
Ordinance No. 2001-0-28 Amending the Official Future Land Use Map to
include 16.96 acres of property as Medium
Density Residential with Conservation Overlay
to reflect annexation of the property located on
the east side of Carol Ann Drive (Royal Oaks
Mobile Home Park).
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Ordinance No. 2001-0-29 Amending the Official Future Land Use Map to
include 137.27 acres of property as Industrial
with Conservation Overlay to reflect
annexation for the property located at south of
Park Avenue to north of Ragis Road.
Ordinance No. 2001-0-30 Amending the Official Future Land Use Map to
include 141.91 acres of property as Industrial,
Medium Density Residential, Public/Semi-
Public and Low Density Transition with
,
Conservation Overlay to reflect annexation for
the property located east of Air Park Road,
south of Park Avenue and encompassing
Massey Ranch Road, and Flying "M" Court.
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Ordinance No. 2001-0-31 Amending the Official Future Land Use Map to
include 10.00 acres of property as Commercial
to reflect annexation for the property located
west of Old Mission Road, east of Cow Creek
Road.
Ordinance No. 2001-0- 32 Amending the Official Future Land Use Map to
include 13.95 acres of property as Low Density
Residential with Conservation Overlay to
reflect annexation for the property located east
of Tatum Road, west of 940 lOth Street
(DBCC).
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Ordinance No. 2001-0-33 Amending the Capital Improvements Element
by amending the data and analysis, maps,
tables, and by amending certain revenue
sources, funding, expenditures, scheduling, and
by establishing a Concurrency Management
System, goals, objectives, and policies and by
providing consistency with other elements of
the Comprehensive Plan.
Ordinance No. 2001-0-34 Amending the Coastal Management Element by
amending the data and analysis, maps, tables,
goals, objectives and policies and by providing
. consistency with other elements of the
comprehensive plan.
Ordinance No. 2001-0-35 Amending the Conservation Element by
amending the data, inventory, and analysis,
maps, tables, goals, objectives, and policies and
by providing consistency with other elements of
the Comprehensive Plan.
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Ordinance No. 2001-0-36 Amending the Future Land Use Element by
amending any and all of the Future Land Use
maps, map categories, map series; by amending
the Future Land Use Maps to include
agriculture, low density transition, mixed use
and conservation overlay categories and by
eliminating the planned industrial development
category; by amending the existing land use
map, data and inventory, and land use analysis,
tables, goals, objectives and policies and by
providing consistency with other elements of
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the Comprehensive Plan.
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Ordinance No. 2001-0-37 Amending the Housing Element by amending
the element in its entirety including data and
inventory, analysis of housing requirements,
tables, goals, objectives and policies and by
providing consistency with other elements of
the Comprehensive Plan.
Ordinance No. 2001-0-38 Amending the Intergovernmental Coordination
Element amending the data and analysis, goals,
objectives and policies and by providing
consistency with other elements of the
comprehensive plan.
Ordinance No. 2001-0-39 Amending the Recreation and Open Space
Element by amending the data, inventory, and
analysis, maps, tables, goals, objectives and
policies and by providing consistency with
other elements of the Comprehensive Plan.
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Ordinance No. 2001-0-40 Amending the Traffic Circulation Element by
amending the title to Transportation, for
consistency with Florida Statutes, amending the
data, inventory and analysis, maps, tables,
goals, objectives, and policies and by providing
consistency with other elements of the
Comprehensive Plan.
Ordinance No. 2001-0-41 Amending the Infrastructure Element _
Sanitary Sewer, Solid Waste, Drainage, Potable
Water and Natural Groundwater Aquifer
Recharge Sub-Elements, by amending the
element title to Utilities, for consistency with
Florida Statutes, amending the data and
analysis, maps, tables, level-of-service
standards, goals, objectives, and policies and by
providing consistency with other elements of
the Comprehensive Plan.
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BACKGROUND: Per Florida Statutes, the City must amend its Comprehensive Plan including the
Future Land Use Map from County land use designations to City land use designations for annexed
properties. In September 1999, the Department of Community Affairs (DCA) found the City's
Evaluation and Appraisal Report (EAR) to be sufficient, which allows the City to amend the
Comprehensive Plan. The City hired Land Design Innovations (LDD as planning consultants in
March of 2000 to accomplish this task. There are 23 amendments in addition to changes/updates of
all of the elements, maps, policies, goals, and objectives. Amendments can only be submitted to the
State twice a year. This is the first one for 2001. It must be transmitted by the Council to DCA as
well as Volusia County's Growth Management Commission (GMC) and other regional and local
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governmental agencies fOf review and comment. On March 14, 2001 the Planning and Zoning
Board recommended forwarding the Comprehensive Plan Amendments to the City Council for
transmittal to DCA.
STAFF RECOMMENDATION: Staff recommends transmitting the Comprehensive Plan
Amendments and Elements to the State Department of Community Affairs (DCA) for review and
approval.
ACTION REQUESTED: Motion to approve the transmittal ofthe Comprehensive Plan
Amendments and Elements Ordinance No.s 2001-0-09 through 2001-0-41 inclusive to DCA.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
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Respectfully Submitted By:
cWlZtdd
Lynne Plaskett
Planning Director
K eth R. Hooper
City Manager
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AGENDA REQUEST
CM: 2001-045
Date: June 11. 2001
PUBLIC
HEARING
RESOLUTIONS ORDINANCE June 18. 2001
CONSENT
OTHER
BUSINESS CORRESPONDENCE
ITEM DESCRIPTION:
1) Ordinance No. 2001-0-47 Amending the Code of Ordinances by Modifying Chapter 21
(Land Development Code) with the addition of Article XVII
(Law Enforcement), Section 21-310 (Police Impact Fees)
2) Police Impact Fee Study
BACKG-ROUND:
As a result of population growth and increasing non-residential development within the City of
Edgewater, the ability of the City's Police Department to maintain its current level of service has
been adversely impacted. Police Impact Fees will be charged on all new development (residential
and non-residential) to pay for the capital facility and equipment cost they impose on the City. The
impacts fees are based on the attached Police Impact Fee Study; the Study's methodology is the same
as that utilized in a Police Impact Fee update for Palm Beach Gardens.
The impact fees collected must be spent to provide a reasonable and rational benefit to the fee-paying
development. The funds collected by the imposition of impact fees must be connected to the
proposed capital improvements by the Florida Courts definitions of "dual rational nexus of benefit"
theory_ The benefit from such impact fees would assure adequate and consistent levels of service
from the City of Edgewater's police Department.
STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance No. 2001-0-47 at first reading and accept the
Police Impact Fee Study.
ACTION REOUESTED:
1) Motion to approve Ordinance No. 2001-0-47 and incorporate any addition comments by the
City Attorney.
2) Motion to accept the Police Impact Fee Study.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
F:\agendarequests\policeimpactfees
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(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PREVIOUS AGENDA ITEM:
YES
DATE:
N/A
AGENDA ITEM NO.
Respectfully submitted,
~4l;~~
Ken eth R. Hooper
City Manager
F:\agendarequests\policeimpactfees
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ORDINANCE NO. 2001-0-47
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEW ATER, FLORIDA; AMENDING THE CODE OF
ORDINANCES BY MODIFYING CHAPTER 21 (LAND
DEVELOPMENT CODE), ARTICLE XVII (LAW
ENFORCEMENT) BY THE ADDITION OF SECTION 21-310
(pOLICE IMP ACT FEES); 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. Public safety has an established level of service which must be maintained.
2. A result of population growth and increasing development within the City of
Edgewater has adversely impacted the ability for the Police Department to maintain its current level
of services.
3. An effort to finance and offset costs of services needed to maintain the level of
service that currently exists within the City of Edge water has been provided in the Police Impact Fee
Study which reflects the implementation of impact fees for new construction.
4. The City Council has accepted the Police Impact Fee Study.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AMENDMENT OF CHAPTER 21 (LAND DEVELOPMENT
CODE), ARTICLE XVII (LA W ENFORCEMENT) TO
INCLUDE SECTION 21-310 (POLICE IMPACT FEES).
Chapter 21 (Land Development Code), Article XVII (Law Enforcement), is hereby amended
as set forth in Exhibit "A" which is attached hereto and incorporated by reference.
Stll:lG!,. tluol:lgh passages are deleted.
Underlined passages are added.
2001-0-47
1
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
U 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.
The effective date of this Ordinance shall be August 1,2001.
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PART E.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on June 18, 200 I, was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
o
Stl tick till otlgh passages are deleted.
Underlined passages are added.
2001-0-47
2
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After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 16th day of July, 2001.
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
Struck t1l1otl~h passages are deleted.
Underlined passages are added.
2001-0-47
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of 2001 under
Agenda Item No.
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EXHIBIT "A"
ARTICLE XVII
. LAW ENFORCEMENT
SECTION 21-310 - POLICE IMPACT FEES
21-310.01 - Intent; Purpose; Basis...................................... XVII-l
21-31O.02-ImpositionofFees ......;................................. XVII-l
21-310.03 - Fees. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . XVII-l
21-310.04 - In-Kind Contributions; Refusal of Adiustment Covenants......... XVII-2
21-310.05 - Review of Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . XVII-2
21-310.06 - Trust Fund .............................................. XVII-3
21-310.07 - Collection; Administrative Fees & Use of Funds ................ XVII-3
21-310.08 - Refund ................................................. XVII-4
21-310.09 - Credits ................................................. XVII-5
21-310.1 0 - Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVII -6
21-310.11 - Appeals. . . . .. . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . .. . . . XVII-6
21-310.12 - Lien; Withholding of Permits for Non-Pavment ................. XVII-6
21-310.13 - Violations; Relief......................................... XVII-7
Article XVII
-1-
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ARTICLE XVII
LAW ENFORCEMENT
SECTION 21-310 - POLICE IMPACT FEES
21-310.01 - Intent: Purpose: Basis
a. This Section is intended to implement and be consistent with the City of Edgewater's
Comprehensive Plan.
b. The purpose of this Section is to ensure that new development pays a fair share of the
anticipated costs of equipment and facilities necessary to provide police protection for new
development.
c. This Section is based upon a study by the Edgewater Police Department of the anticipated
growth in the City of Edgewater and the equipment and facilities necessary to serve the
anticipated growth.
d.
The intent of the City Council is to periodically revise this Section to adiust the fee schedule
to reflect changes in growth patterns in the City of Edgewater and equipment and facilities
necessary to provide police protection for new development.
21-310.02 - Imposition of Fees
a. Any person who seeks to develop land by applying for the issuance of a building permit for
one of the land use types specified herein shall be required to pay a Police impact fee in the
manner and amount set forth in this Section.
b. No building permit for any land use types specified herein shall be issued by the City unless
the required impact fees have been paid. The amount of impact fees required are set forth
in the scheduled contained herein.
c. When change of use, redevelopment, or modification of an existing use requires the issuance
of a building permit. the impact fees shall be based upon the net increase in the impact fee
for the new use as compared to the previous use.
21-310.03 - Fees
The amount of impact fees imposed under this Section shall be determined by the following
Rev. 07/2001 (PoliciesProcedureslLandDevelopmentCo&)VII-1
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schedule:
CITY OF EDGEW A TER POLICE COST SCHEDULE
Land Use Development Functional Net Net
Unit Unit Cost CostfUnit
Single-Family/Detached * Dwelling 1.46 $88.68 $129.47
Single- Family/Attached Dwelling 1.08 $88.68 $ 95.77
DuplexJApartment/ Dwelling 0.97 $88.68 $ 86.02
Condominium
Mobile Home or RN Park Pad Site 0.80 $88.68 $ 70.94
Hotel/Motel Room 2.21 $88.68 $195.98
Retail/Commercial 1.000 sq.ft. 3.25 $88.68 $288.21
Office/Institutional 1.000 sq.ft. 1.96 $88.68 $173.81
Industrial/Warehouse 1.000 sq.ft. 1.16 $88.68 $102.87
1* Includes mobile homes on single lots. I
21-310.04 - In-Kind Contributions: Refusal of Adjustment: Covenants
a. Independent calculations for credits for in-kind contributions made after the effective date
of the ordinance from which this Section derives shall be submitted to and approved by the
City Manager prior to effecting the contribution.
b. The City Manager's action in adjusting or refusing to adjust the impact fee pursuant to an
independent calculation shall be in writing: and must be transmitted bv certified mail to the
fee payer.
c.
The City Manager shall require that a covenant running: with the land be executed and
recorded on the subject property where: the independent calculation is based on a use ofland
having a lesser impact than that upon which the schedule is based, as applicable: the property
could be put to a use having a greater impact than that proposed with such use not requiring
future approval by the City: or for such other reasons necessary to ensure compliance with
this Section. The covenant shall hold the fee simple interest in the land and mortgage as
appropriate. The covenant shall recite this Section and the facts and reasons underlying its
execution. It shall set forth the restrictions on the property and the terms and conditions
under which it may be released.
Rev. 07/200 1 (PoliciesProcedures/LandDevelopmentCo~VI - 2
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21-310.05 - Review of Fees
a.
Under this Section. the schedule of each impact fee shall be reviewed at least once each
every other year to update cost. credits and generation rates. Where the review warrants
change to impact fees. this Section shall be amended.
b. Each review shall include an analysis of the level of service for each impact fee. If the
average level of service is not consistent with the level of service upon which the respective
impact fee amount is based. the amount shall be adiusted based upon the then-existing level
of service.
21-310.06 - Trust Fund
The Police impact fee shall be deposited in a Police impact fee trust fund. The trust fund
shall be invested by the City in interest bearing sources and all income derived shall accrue to the
trust fund. The funds shall be used only for capital improvement costs for which the impact fee was
levied and which would add capacity needed to serve new development. The City Manager shall
identify in the City's annual budget the designated capital improvements for which the Police impact
fees will be spent. The funds shall remain restricted to the Police trust fund and the requirements
of this Section. The City Manager shall ensure that these designated funds are expended and
accounted for in accordance with the provisions of this Section. The City shall maintain such
records and documentation necessary to allow the effective audit of the use of the Police impact fees.
21-310.07 - Collection. Administrative Fees and Use of Funds
a. The fee paver shall pay the Police impact fee to the City for deposit into the Police impact
fee trust fund prior to the issuance of a building permit which may be required for
development listed in the schedule contained in Section 21-310.03. No building permit mav
be issued until such fees have been paid or until the City has accepted title to land area
meeting the standards set out in this Section. For land uses not requiring a building permit.
an alternative development order shall not be granted until the impact fees have been paid.
b. In lieu of all or part of the impact fees. City Council may accept the offer bv a fee paver to
dedicate land and/or construct all or part of a Law Enforcement proiect. Such construction
must be in accordance with state. county and city design standards applicable to the proiect.
The fee payer shall submit a proiect description in sufficient detail to allow the preparation
of an engineering and construction cost estimate.
c.
If the City Council accepts such offer. the City Manager shall credit the cost of this
construction against the Police impact fee otherwise due. The portion of the fee represented
bv the facilities construction shall be deemed paid when the construction is completed and
accepted by the City or when the fee payer posts security as provided in subsection (d) of this
Rev. 07/200 1 (PoliciesProcedures/LandDevelopmentCo~VI - 3
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Section for the costs of such construction. The portion of the fee represented by land
dedication shall be deemed paid when the title to the land dedicated for that purpose has been
accepted by the City.
d.
Security in the form of a performance bond or escrow agreement shall be posted with and
made payable to the City in an amount approved by the City Manager equal to one hundred
ten percent (110%) of the full cost of such construction. If construction of the proiect is not
to be completed within one year of the acceptance of the offer by the City, the amount of
security shall be increased by ten percent (10%) compounded, for each year of the life of the
security. The security shall be reviewed and approved by the City Manager's office prior to
acceptance of the security by City Council.
e. No impact fee is required for the issuance of any building permit for residential use which
does not result in an additional living unit.
.( All funds collected pursuant to this Section shall be promptly transferred for deposits into
the Police trust fund. Impact fee collections shall be used exclusively for land acquisition,
capital improvements, purchases or expansion related to the public purpose for which such
fees were collected, with the exception of impact fee administrative costs pursuant to
paragraph (g) below. Funds shall be expended in the order in which they are collected.
&.
The City shall be entitled to retain up to four percent (4%) of the impact fees collected as an
administrative fee to offset the costs of administering this Section
h. Anv impact fees that are paid by check, draft or other negotiable instrument. that do not
clear: the building permit or development order authorizing the development for which the
impact fee was paid shall be suspended and the City shall send the appropriate suspension
notice to the fee payer by certified mail. If the impact fee, together with anv charges for
funds not clearing, are not paid within ten (10) business davs following mailing of the notice,
the building permit or development order shall be of no further force and effect for purposes
of this article and a stop work order shall be issued and remain in effect until such time as
the impact fee is paid and the funds clear.
21-310.08 - Refund
a.
If a building permit expires and no construction has been commenced, the fee payer shall be
entitled to a refund of the impact fee paid as a condition for its issuance, less the four percent
(4%) of the fee retained as an administrative fee by the City, therefore, the fee payer shall be
entitled to a refund equal to ninety-six (96%) of the impact fee paid. No interest will be paid
to the fee payer on refunds due to non-commencement. Refunds resulting from City's
miscalculation shall not be charged the administrative fee on the amount refunded.
b. No refund shall be given for a change in land use or structure after occupancv has occurred.
Rev. 07/200 1 (PoliciesProcedureslLandDevelopmentCo~VI-4
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c.
Any funds not expended or encumbered by the end of the calendar quarter immediately
following six (6) years from the date the impact fee was paid shall. upon application of the
fee payer within one hundred eighty (180) days of that date, be returned to the fee payer with
interest at the rate of six percent (6%) per annum.
21-310.09 - Credits
a. An applicant shall be entitled to a credit against the Police impact fees assessed pursuant to
this Section in an amount equal to the cost of improvements which create excess capacity for
the general public or contributions to the city of land, money, facilities, equipment or
services by the applicant or his predecessor in interest as a condition of any development
agreement entered into with the City. Such credit shall be based on the following criteria:
.L The actual cost or estimated cost based on recent bid sheet information of the City
of Edgewater or V olusia County, of off-site improvements. Improvements eligible
for a credit are those improvements proposed that will benefit not only the dwellings
on-site, but also the general public. Improvements not eligible for a credit are those
facilities that are privately owned or that serve only the dwellings within the
development.
2.
The actual cost or estimated cost of improvements based on recent bid sheet
information of the City of Edgewater or Volusia County with respect to that portion
of on-site improvements which creates excess capacity for the general public.
1. The contribution onand, money, facilities, equipment or services by the applicant for
improvements to the City's Police Department which creates excess capacity for the
general public. Services must relate directly to the provision of land, facilities or
equipment. The credit for land contributed will be based on a pro rata share of the
appraised land value ofthe parent parcel as determined by an MAl appraiser selected
and paid for by the applicant and approved by the City Manager or based on such
other method as may be mutually agreed upon by the applicant and the City Manager.
In the event that the City disagrees with the appraised value, the City mav select and
pay for another appraiser, and the credit shall be an amount equal to the average of
the two (2) appraisals.
4.
Unless otherwise provided in a development agreement between the City and the
applicant or his predecessor in interest, no credit for contributions or donation made
prior to the effective date of this Article shall be granted unless the cost of the
improvements were paid for or the contributions were made within the two (2) years
prior to the effective date ofthis Article.
5. No credit shall exceed the amount of the Police impact fee assessed under Section
Rev. 07/200 1 (PoliciesProcedures/LandDevelopmentCod~:VI - 5
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21-310.03 of this Article.
6.
No credit shall be allowed for security systems, widening of roads or other
improvements with only an indirect benefit for police protection.
b. The amount of the credit shall be determined by the City Manager; provided, however, that
the determination may be appealed to the City CounciL whose decision shall be final and
binding on the applicant.
c. Any credit issued pursuant to this section may be transferred by the applicant to any
successor in interest in the property.
21-310.10 - Exemptions
The following shall be exempt from payment of the police impact fee:
a. Those residential or nonresidential dwellings which have been issued a building permit or
certificate of occupancy prior to the effective date of this Article.
b. Additions to or expansions of single-family dwellings that do not create an additional living
unit.
c.
The replacement of a building, mobile home, or structure that was in place on the effective
date of the ordinance from which this Article derives or the replacement of a building,
mobile home or structure that was constructed subsequent thereto and for which the correct
impact fee had been paid or otherwise provided for, with a new building, mobile home, or
structure of the same use, provided that no additional impact fee will be produced over and
above that produced bv the original use of the land.
21-310.11 - Appeals
Any decision made by the City Manager or his designee in the course of administering this
Article may be appealed in accordance with those procedures set forth in this Code for appeals of
administrative decisions.
21-310.12 - Lien~ Withholding of Permits for Non-Payment
a.
If through error, omission, or intent the impact fee imposed under this Article is not paid in
fulL the amount unpaid, together with statutory interest accruing from thirty (30) days
following date written notice by certified maiL return receipt requested is sent to the then-
present owner, shall be a lien against the property on which the specific development for
which the impact fee is due. Notice of the lien shall be recorded in the official records of the
Clerk of the Circuit Court, in and for the County of V olusia. The lien shall have priority over
Rev. 07/200 1 (PoliciesProcedures/LandDevelopmentCo~I-6
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all liens, mortgages, and encumbrances, except taxes. If the notice of lien is not recorded
within three (3) years following the date the building permit is issued for the development
for which the impact fee is owed, the lien shall be of no force and effect. If this shall occur,
the amount of the impact fee is due and payable to the City of Edge water. If the lien remains
unpaid for more than thirty (30) days following recording, it may be foreclosed in the manner
provided by law for foreclosures of mortgages on real property.
b.
If the impact fee remains unpaid, no further building permits of any type shall be issued on
the property for which the impact fee remains unpaid. Building permits, including
certificates of occupancy and/or occupancy permits may be issued only upon full payment
of any previously owed impact fee, together with any interest owing, and current impact fee,
if any.
21-310.13 - Violations; Relief
Knowingly furnishing false information to the City Manager on any matter relating to the
administration of this Article shall constitute a violation thereof. Violation of this Article shall
constitute a misdemeanor enforceable in accordance with the City Code or by an iniunction or other
legal or equitable relief in the Circuit Court against any person violating this Article, or both civil
iniunctive and criminal relief.
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POLICE
IMPACT FEE STUDY
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CITY OF EDGEWATER
JUNE, 2001
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INTRODUCTION
As a result of population growth and increasing non-residential development within the City of
Edgewater, the ability of the City's Police Department to maintain its current level of service has
been adversely impacted. In fact, a change in the dispatching methods has been necessitated by this
growth as well as the increase in the number of units on the streets. Future demands can only be met
by continuing to increase the capital already in place for the existing population and for the
employees/users of those products/services offered by the non-residential development. The
implementation of new Police Impact Fees will contribute to the expansion necessary to service new
growth and will be charged on all new development (residential and non-residential) to pay for the
demand on service they impose on the City. The impact fees collected will be spent to provide a
reasonable and rational benefit to the fee-paying development. The funds collected by the imposition
of impact fees will be connected to the proposed capital improvements by the Florida Courts
definition of "dual rational nexus of benefit." The benefit that is expected from such impact fees
will assure adequate and consistent levels of service from the City's Police Department.
POPULATION GROWTH
In 1990, the City of Edgewater's permanent population was 15,337. In 2000, the permanent
population was 18,865, an increase of 23% since 1990. Over the ten year period, the City
experienced an average growth in population of approximately 2.3% per year. Current
socioeconomic studies prepared by Land Design Innovations for the Comprehensive Plan Update
predict the growth trend to increase to approximately 3.23% per year for the next ten years. The
predicted increase is consistent with anticipated economic growth within the County. Other growth
factors include a substantial amount of vacant land annexed into the City and anticipation of
additional annexations to the south and west by the City. If the predicted growth trend continues,
by 2005 the permanent population of the City of Edgewater will be 22,865; by 2010, 26,398; and,
by 2015, 30,262. Non-residential growth is also occurring in the large tracts available for both
commercial and industrial development.
PURPOSE OF THE POLICE IMPACT FEE STUDY
The purpose of this study is as follows:
I. To develop appropriate measures of demand for police services;
2. To estimate the cost for capital needed to service the increasing demand;
3. To establish necessary impact fees to pay the fair share cost of growth.
LEGAL FRAMEWORK
Impact fees are "one time" charges assessed on new development (residential and non-residential)
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to fund the capital costs imposed on the City by growth. Unlike other types of developer exactions,
impact fees are based on a standard formula and a pre-determined fee schedule. Impact fees require
that each new residential or non-residential project pay its pro-rata share of the cost of new capital
facilities and capital expenditures and must be spent within six years of collection. Impact fees
cannot be used to pay for non-capital items and recurring expenses such as personnel salaries and
operating/maintenance expenses.
SERVICE UNIT
Demand for police service is usually measured in number of calls by land use type. This would have
been the chosen method had serious under-reporting not been discovered in the current call-taking
system. Such a problem is not new nor is it unique to the City of Edgewater. Palm Beach Gardens,
Florida, discovered the same situation when they were updating their impact fees in 1999. In a report
entitled Impact Fee Update dated April 2000 written by Duncan Associates an alternative approach
known as "functional population" was chosen as an equitable solution to the under-reporting
problem. This approach is based on the assumption that demand for police services and the capital
expenditures necessary to provide these services is generally proportional to the presence of people.
The functional population concept is similar to the concept of "full-time equivalent" employees or
students. It represents the number of "full-time equivalent" people at the site of a specific land use.
For example, functional population takes into account working, shopping or recreating away from
home for the residential units and hours of customary operation for non-residential. Since night time
hours of service are similar for homes where people are sleeping and unoccupied non-residential
property where businesses have closed, the calculations are based on a 16-hour day instead of a 24-
hour day.
The City of Palm Beach Gardens is very closely matched in demographic data to the City of
Edgewater. For this reason, the calculations provided in the study cited above will be replicated
herein.
To establish the unit for residential land uses both average household size and number of dwelling
units by type are needed.
TABLE 1
HOUSEHOLD SIZE
Housing Type
Household Size
Single-Family Detached
Single-Family Attached
Duplex/Apartment/Condominium
Mobile Home
Total Dwelling Units
Multi-Family*
2.91
2.15
1.94
1.60
2.40
2.03
*sum of single-family attached and duplex/apartment/condominium
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Since the time away from home must be deleted from the functional population, the calculations for
household size must be divided by a number which best reflects working, shopping, and recreating;
the assumption has been made that for this community one-half of the household should be factored
out of the equation. This results in the functional units expressed in Table 2.
TABLE 2
RESIDENTIAL FUNCTIONAL POPULATION MULTIPLIERS
Housing Type
Household Size
Functional
PoplUnit
1.46
1.08
0.97
1.01
0.80
Occupancy Factor
Single-Family Detached
Single-Family Attached
Duplex/Apartment/Condominium
Multi-Family*
Mobile Home/R V
2.91
2.15
1.94
2.03
1.60
0.50
0.50
0.50
0.50
0.50
*Inc1udes single-family attached and duplex/apartment/condominium
The base year is the same as that utilized in the City of Edgewater' s Fire /EMS Impact Fee Study
dated February, 2001, and is 2000. Numbers of units by type were taken from that study and were
originally provided by the Volusia County Property Appraisers Office.
TABLE 3
NUMBER OF UNITS
BY TYPE
Use Type
Number of Units
Single-Family Detached
Multi Family
Mobile Home
HotellMotel
5975
852
620
23
For non-residential uses, the functional population methodology is based on national trip generation
data compiled by the Institute of Transportation Engineers (ITE). Functional population per 1,000
square feet is derived by dividing the total number of hours spent by employees and visitors during
a day by 16 hours. Employees are assumed to spend eight hours a day at their place of employment
while visitors are generally assumed to spend one hour per visit (varies with land use). The formula
used to derive the non-residential functional population estimates is summarized in Table 4.
3
TABLE 4
FUNCTIONAL PO PULA TION FORMULA
C)
Functional population/WOO sf = (employee hours/l OOOsf + visitor hours/lOOOsf) / 16 hours/day
Where:
Employee hours/l OOOsf = employees/l OOOsf x 8 hours/day
Visitor hours/l OOOsf = visitors/l 000 sf x hours/visit
Visitors/lOOOsf = weekday ADT/lOOO sf x avg. vehicle occupancy - employees/WOO sf
Weekday ADT/lOOOsf = one-way average daily trips (total trip ends 12)
Using this formula and information on trip generation rates from the ITE Manual (Sixth Edition),
non residential functional population estimates per 1,000 square feet of gross floor area (or other
applicable unit) were calculated. Table 5 presents the results of these calculations.
TABLES
NONRESIDENTIAL FUNCTIONAL PO PULA TION MULTIPLIERS
Trip Persons/ Emp/ Visitor/ Hours/ Functional
(.) Land Use (ITE Code) Unit Rate Trip Unit Unit Visitor Pop/Unit
Hotel/Motel(310/320) Room 4.56 1.78 0.71 7.41 4.00 2.21
Retail/Commercial(820) 1000 sf 21.46 1.78 1.96 36.24 1.00 3.25
OfficelInstitutional(710) 1000 sf 5.51 1.47 3.32 4.78 1.00 1.96
IndustriallW arehouse( 130) 1000 sf 3.48 1.16 2.08 1.96 1.00 1.16
Source: Average daily trip rates (Y2 of trip ends) from Institute of Transportation Engineers (ITE)
Trip Generation, Sixth Edition, 1997; persons per trip are average vehicle occupancies from US
Department of Transportation, 1995 National Personal Transportation Survey; employees per 1,000
sf from ITE manual (ADT per 1,000sf divided by ADT per employee-retail rate from National
Association of Office and Industrial Parks, America's Future Office Space Needs,1990 p. 22);
visitors/unit and functional population calculated based on formula in Table 4; hours per visitor
assumed. Impact Fee Update, prepared for Palm Beach Gardens, Florida by Duncan Associates,
April 2000.
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Total functional population for non-residential land uses is calculated based upon the square footage
of such non-residential uses currently existing in the City of Edgewater. Again utilizing the data
gathered in the Fire/EMS Impact Study, the following area was determined through the Volusia
County Property Appraisers Office.
4
TABLE 6
NONRESIDENTIAL SQUARE FOOT AGE
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Land Use
Measurement
Number of Units
Retail/Commercial
OfficelInstitutional
IndustriallW arehouse
1000 square feet
1000 square feet
1000 square feet
797
100
863
Combining residential and non-residential measurements will determine the functional population
for the City of Edgewater. Table 7 has actually been developed by combining Tables 2 and 3 for
residential with 5 and 6-for non-residential. The functional population is then derived by multiplying
the number of units in 2000 by the functional population per unit. It should be noted that the
functional population for the City is less than the actual population; this is expected because the
amount of office/institutional is so low and much of Edgewater Landings had a lower persons per
household rate than other single-family detached dwellings..
TABLE 7
TOTAL FUNCTIONAL POPULATION, 2000
<.> 2000 Functional Functional
Land Use Unit Units PoplUnit Population
Single-Family,
Detached Dwelling 5975 1.46 8724
Multi-Family Dwelling 852 1.01 861
Mobile Homes Dwelling 620 0.80 496
HotellMotel Room 23 2.21 51
Retail/Commercial 1000 sq ft 797 3.25 2590
Office/Institutional 1000 sq ft 100 1.96 196
IndustrialIW arehouse 1000 sq ft 863 1.16 1001
TOTAL 13,919
COST per SERVICE UNIT
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The current capital facilities to support the police department's enforcement and patrolling include
the police station, an evidence building, a range, vehicles, and communication and other equipment.
The buildings and equipment (other than vehicles) have a value of $652,800.00 as shown in Table
8. This replacement value is based upon the estimates provided by the insurance company and is the
amount for which insurance has been purchased. Land values have not been included even though
additional land may be necessary to expand the facilities.
5
TABLE 8
POLICE BUILDING COST
<J Facility Building Equipment Total
Police Station 241,900 85,000 326,900
Evidence Building 266,900 65,000 331,900
Range-Aluminum 3,000 1,000 4,000
Total Building Cost 511,800 151,000 662,800
In addition to buildings, a significant amount of rolling stock is required to support police protection
service. The Police Department's existing inventory of patrol and other vehicles has a total current
replacement value of $571,501.00. The list of vehicles and current replacement values as reflected
in the present State Contract bids are shown in Table 9. Two vehicles (Crown Victorias) purchased
with grant funds have not been included in the inventory.
TABLE 9
POLICE VEHICLE COST
0 Manufacturer Model Quantity Unit Cost Total Cost
Ford Crown Victoria 14 24,270.00 339,780.00
Ford Taurus 2 17,502.00 35,004.00
Ford Evidence Van 1 27,961.00 27,961.00
Ford F-150 2 20,913.00 41,826.00
Chevrolet Cavalier 1 16,424.00 16,424.00
Chevrolet Lumina I 20,101.00 20,101.00
Ford Ranger 1 16,590.00 16,590.00
Chrylser Cirrus 3 24,605.00 73,815.00
Total Vehicle Cost 571,501.00
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The total capital replacement cost listed in Tables 8 and 9 form the basis for the cost of service.
Dividing this total cost by the functional population shown in Table 7 yields a cost of $88.68 per
functional population, as summarized in Table 10.
6
TABLE 10
POLICE COST PER SERVICE UNIT
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Building Replacement Cost
Equipment Cost
Vehicle Replacement Cost
Existing Police Facility Cost
Total Functional Population
Police Cost per Functional Population
$ 511,800.00
$ 151,000.00
$ 571,501.00
$1,234,301.00
13,919
$88.68
POLICE IMPACT FEE SCHEDULE
The maximum police impact fees that may be adopted by the City of Edgewater are calculated by
multiplying the functional population per unit associated with the various land uses by the cost per
functional population of maintaining the existing level of service. These impact fee calculations are
shown in Table 11.
TABLE 11
POLICE MAXIMUM FEE SCHEDULE
0 Functional Cost! Cost!
Land Use Unit PoplUnit FuncPOP Unit
Single-Family, Detached* Dwelling 1.46 88.68 129.47
Single-Family, Attached Dwelling 1.08 88.68 95.77
Duplex, Apartment,
Condominium Dwelling 0.97 88.68 86.02
Mobile Home/R V Park Pad Site 0.80 88.68 70.94
Hotel/Motel Room 2.21 88.68 195.98
Retai l!Commerci al 1000 sq ft 3.25 88.68 288.21
Office/Institutional 1000 sq ft 1.96 88.68 173.81
Industrial! Warehouse 1000 sq ft 1.16 88.68 102.87
*includes mobile homes placed on single lots
Q CONCLUSION
During the past year, the City of Edgewater has annexed over 500 acres into the City. Some of this
newly annexed area will be used for industrial development and some will be planned residential
community growth. In the current fiscal year, approximately 1000 acres are planned to be annexed
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south of the City. The land use for these acres is planned residential development. Other annexations
are anticipated and further development of existing lots in Edgewater (Florida Shores) is also
anticipated. The further development of Florida Shores is due, in part, to the lot clearing ordinance
for fire protection.
The expansion and widening of S.R. 442 is also anticipated to cause additional growth in the western
portion of the City. The need for the expansion of Police services in the next several years is due to
an increase in area to be covered, population growth, and an increase in the amount of non residential
development.
The effort to finance and offset the cost of new services (partially for existing residents and
customers) needed to maintain the level of service that currently exists within the community is
recommended through the implementation of Police impact fees for new construction.
8
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~. 3. I.
AGENDA REQUEST
Date: June 12,2001
PUBLIC HEARING
CONSENT
ORDINANCE X
CORRESPONDENCE
RESOLUTION
OTHER BUSINESS
ITEM DESCRIPTION:
Ordinance 2001-0-48 adjusting the Local Communications Services Tax Rate to 5.5% in accordance
with Florida's Communications Services Tax Simplification Act.
BACKGROUND:
During the 2001 Legislative Session, the Legislature passed the "Communications Services Tax
Simplification Law". This law established conversion rates for each municipality and county in the
State of Florida in order to provide a fair, efficient and uniform method for taxing communications
services sold in the state. The state feels that simplification will lower the cost of collecting taxes
and fees, increase service availability and place downward pressure on price. This tax is a
replacement for taxes and fees previously imposed (franchise fees and utility taxes for
telecommunications and cable), and is not a new tax.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance #2001-0-48 to adjust the Local Communications Services
Tax Rate to 5.5%.
ACTION REQUESTED:
Motion to approve Ordinance 2001-0-48.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
NO X
YES
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~~~
Michele L. Goins, CPA
Finance Director
Ken eth R. Hooper
City Manager
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ORDINANCE NO. 2001-0-48
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; FOR THE PURPOSE OF ADJUSTING THE
CITY'S LOCAL COMMUNICATIONS SERVICES T AX RATE
IN ACCORDANCE WITH FLORIDA'S COMMUNICATIONS
SERVICES TAX SIMPLIFICATION ACT, PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
WHEREAS, on July 1,2001, Florida's Comrimnications Services Tax Simplification Act
(ACT) became law. The ACT established a new tax structure designed to treat communications
service providers in a nondiscriminatory manner with respect to the compensation these providers
have traditionally provided to local governments; and
WHEREAS, the new tax rates were not established in the initial adoption of the Act; and
WHEREAS, the ACT directed the Legislature to set and adopt, in the 2001 Legislative
Session, the new rates to be applied under the new tax structure; and
WHEREAS, the Legislative restructuring, in the 200 1 Legislative Session, resulted in a new
Local Communications Services Tax, which is designed to apply equally to telephone service, cable
service and wireless service providers and where such new rates shall become effective on October
1, 2001, without any action by the City of Edgewater; and
WHEREAS, the ACT created two Local Communications Services Tax rates, namely, a
Conversion rate and a Maximum rate. The Conversion rate or "initial" rate varies for each local
jurisdiction and was based upon the size of the communications tax base for each particular local
jurisdiction and the revenues received by that local jurisdiction in 1999. The Conversion rate is
known as the initial rate because it takes effect on October 1, 2001, without any formal action by
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Underlined passages are added.
2001-0-48
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the local government. The new Law also established a Maximum rate. The Maximum rate is a
weighted average. The State assumed that each municipal and chartered county had imposed upon
'-> communications providers all available taxes and fees at their highest possible levels under the
previous tax structure. The potential maximum revenue from this assumption was then totaled. The
State then divided this potential maximum sum, by the sum total of the new taxable base for each
municipal and chartered county. The outcome was 5.1 % as set forth in s. 202.19(2)(a), Florida
Statutes (2001); and
WHEREAS, pursuant to the ACT, a municipality that has an initial Conversion rate below
the Maximum rate is authorized to adjust its Conversion rate upward to the Maximum rate as set
forth in s. 202. 1 9(2)(a), Florida Statutes (2001); and
WHEREAS, pursuant to the ACT, for the period beginning on October 1, 2001 and ending
o on September 30, 2002, the established Maximum rate shall be deemed to be the sum of the
Maximum rate established under s. 202.19(2)(a), Florida Statutes (2001), plus the difference
between the Conversion rates set forth in ss. 202.20(1)(a) and (l)(b), Florida Statutes (2001); and
WHEREAS, pursuant to the ACT, a municipality is authorized to adjust its Conversion rate
as described above; and
WHEREAS, it is the intent of the City to exercise its authority to adjust its new Local
Communications Services Conversion rate as described above.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water,
Florida:
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2001-0-48
2
PART A.
AMEND CHAPTER 16 (TAXATION), BY AMENDING
SECTION 16-2 (TAXES IMPOSED: ELECTRICITY,
METERED OR BOTTLED GAS, FUEL OIL,
TELECOMMUNICATION SERVICES) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA.
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Section 16-2 is amended to read as follows:
Sec. 16-2.
Taxes imposed: Electricity, metered or bottled gas, fuel oil,
telecommunication services.
(a) The tax previously imposed pursuant to former section 16-1 of the Code of
Ordinances on each purchase of electricity and metered or bottled gas (natural
liquefied petroleum gas or manufactured) in the corporate limits of the city in th
amount often (10) percent of the payments received by the seller of the service from
the purchaser for the purchase of the service shall continue in effect.
(b) The tax previously imposed pursuant to former section 16-1 of the Code of
Ordinances on fuel oil in the amount of four cents ($0.04) per gallon shall remain in
effect.
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(c) Effective february 1,1997, a tax is hereby imposed and levied upon the pUlehase of
telephone communication so vice which origil1ates and terminates in the State of
florida, at a rate of sevm (7) peremt of the total amoUllt charged f01 any
teleeonlluunieation S"l vice plOvid"d within th" city 01, it the 10eatiol1 of the
telecommunication S"l vice p10vided earmot be dete1mined, tile total arllount billed
f"Or such telecommunication ser v ice to a telephone OI telephon" numbe1, a
tdecommUllleation numbe1 01 device, or eustome1's billing add1ess located witIlin
the munieipalit, excluding public tekphone charges collected on site, charges f01
ally f01 cigl1 exchange se1 v ice 01 allY pI i vate line S"l v ice except when sudl se1 v ices
arc used or sold as a substitute f01 arlY telephone company switched se1 vice 01
dedicated facility by which a telepho11e company p10vides a conllllunieation path,
access eha1ges, and any eust01I1"l access line charges paid to a local tdepllone
C0l11pany. Tclee01l1l11Uni"atiolI SCI viccs as ddilIcd ill section 20J.0 12(5)(b), [o'101ida
Statutes, shall b" taxcd only on th" 111ol1thly rceulling eusto1110 SC1 viec cha1ges
excluding valiabk usage charges. The tax Pleviously imposed by [01111"1 section 1 G-
1 ofthc Code ofOldinane"s 011 pUlehascs 0[1oea1 tckpllonc alId telcglapll sel viccs
in the anlount oftm (10) pCICCl1t shalllcmain in effect tluougll JanualY J1, 1997.
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Ed7 if.) Effective October 1, 1996, there is hereby imposed on each purchase of water service
in the corporate limits of the city a tax in the amount of ten (10) percent of the
payments received by the seller of the service from the purchase of the service.
Stt tlGk tlu ough passages are deleted.
Underlined passages are added.
2001-0-48
3
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@ Local Communications Services Tax - Imvlementation.
(1)
The City of Edgewater hereby acknowledges that on October I, 200 I, a new
Local Communications Services Tax Conversion rate will gO into effect
without any formal action by the City of Edgewater.
(2) For the period beginning October 1. 2001. and ending September 30, 2002,
the City of Edge water, hereby invokes its authority, in accordance with ACT,
to impose a Local Communications Services Tax rate of 5.5%. This new
Local Communications Services Tax rate is the sum of the rate set forth in
s. 202. 19(2)(a), plus the difference between the Conversion rates set forth in
ss. 202.20(1)(a) and (1)(b)' Florida Statutes (2001). The ACT is designed to
be revenue neutral. Consistent with this specific legislative intent of the
ACT that the new tax structure provide revenue neutrality for local
governmentS, the City of Edgewater hereby makes this adiustment.
(3) Section 202.20, Florida Statutes (200n requires that the City notify the
Department of Revenue, by certified mail postmarked on or before July 16,
200 I, of whether the City will elect to adiust its Conversion rate to the
Maximum rate. This statutory section permits the City to adiust its Local
Communications Services Tax rate by ordinance or resolution. In
accordance with these prerogatives the City adopts this Ordinance. Likewise,
the Citv hereby declares that this Ordinance shall be its notice to the
Department of Revenue of the City's election to require an upward
Stl lick thlough passages are deleted.
Underlined passages are added.
2001-0-48
4
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adiustment of the Local Communications Services Tax for the period
beginning on October 1, 2001, and ending on September 30, 2002.
(4)
F or the period beginning October 1,2002, and continuing thereafter, the City
of Edgewater, hereby invokes its authority, in accordance with ACT, to
impose the Local Communications Services Tax rate of 5.1 % as set forth in
s. 202. 19(2)(a), Florida Statutes (2001). The City hereby declares that this
Ordinance shall be its notice to the Department of Revenue of the City's
election to require an adiustment of the Local Communications Services Tax
for the period beginning on October 1,2002 and continuing thereafter unless
and until expressly repealed or preempted. The ACT is designed to be
revenue neutral. Consistent with this specific legislative intent of the ACT
that the new tax structure provide revenue neutrality for local governments,
the City of Edgewater hereby makes this adiustment.
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
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Underlined passages are added.
2001-0-48
5
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circumstance.
PART D.
CODIFICA TION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on first reading of this ordinance held on June 18, 2001, was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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Underlined passages are added.
2001-0-48
6
NAY
(.)
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After Motion by
and Second by
of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Barriet 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
StI tlck t1uotlgh passages are deleted.
Underlined passages are added.
2001-0-48
, the vote on the second reading
AYE
day of July, 2001.
NAY
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of 2001 under
Agenda Item No.
7
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G :S3"
AGENDA REQUEST
Date: June 12,2001
PUBLIC HEARING
CONSENT
RESOLUTION
OTHER BUSINESS
ORDINANCE X
CORRESPONDENCE
ITEM DESCRIPTION:
Ordinance 2001-0-49 adjusting the Local Communications Services Tax Rate by .12% in lieu of
collecting permit fees from providers of communications services that use or occupy municipal roads
or rights-of-way in accordance with Florida's Communications Services Tax Simplification Act.
BACKGROUND:
During the 2001 Legislative Session, the Legislature passed the "Communications Services Tax
Simplification Law". This law established conversion rates for each municipality and county in the
State of Florida in order to provide a fair, efficient and uniform method for taxing communications
services sold in the state. The law also gives municipalities and counties the option of increasing
their rate by .12% if they elect not to collect permit fees from any providers of communications
services that use or occupy roads and rights-of-way.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance #2001-0-49 to adjust the Local Communications Services
Tax Rate by .12%.
. ACTION REQUESTED:
Motion to approve Ordinance 2001-0-49.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
znce
--~~~
Kenneth R. Hooper
City Manager
~~~~
Michele L. Goins, CPA
Finance Director
Co
ORDINANCE NO. 2001-0-49
Q
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; FOR THE PURPOSE OF ADJUSTING THE
CITY'S LOCAL COMMUNICATIONS SERVICES T AX RATE
IN ACCORDANCE WITH SECTION 337.401(3)(c)1., FLORIDA
ST A TUTES, PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, on July 1,2001, Florida's Communications Services Tax Simplification Act
(ACT) became law. The ACT established a new tax structure designed to treat communications
service providers in a nondiscriminatory manner with respect to the compensation these providers
have traditionally provided to local governments; and
WHEREAS, the new tax rates were not established in the initial adoption of the Act; and
WHEREAS, the ACT directed the Legislature to set and adopt, in the 2001 Legislative
o Session, the new rates to be applied under the new tax structure; and
WHEREAS, the Legislative restructuring, in the 2001 Legislative Session, resulted in.a new
Local Communications Services Tax, which is designed to apply equally to telephone service, cable
service and wireless service providers and where such new rates shall become effective on October
1, 2001, without any action by the City of Edgewater; and
WHEREAS, the Florida law permits municipalities to recover costs in the form of permit
fees incurred by the municipalities in the exercise of its police power; and
WHEREAS, Section 337.40 1 (3)(c) 1., Florida Statutes (2001) allows a municipality to adjust
its new Local Communications Services Tax upward by 0.12% in lieu of requiring and collecting
o
permit fees from any provider of communications services; and
Stl tick till ough passages are deleted.
Underlined passages are added.
2001-0-49
~
WHEREAS, it is the intent of the City to exercise its authority to adjust its new Local
Communications Services Tax upward by 0.12% in lieu of requiring and collecting permit fees from
o any provider of communications services.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A.
AMEND CHAPTER 16 (TAXATION), BY AMENDING
SECTION 16-2 (TAXES IMPOSED: ELECTRICITY,
METERED OR BOTTLED GAS, FUEL OIL,
TELECOMMUNICATION SERVICES) OF THE CODE OF
ORDINANCES, CITY OF EDGEW ATER, FLORIDA.
Section 16-2 is amended to read as follows:
Sec. 16-2.
Taxes imposed: Electricity, metered or bottled gas, fuel oil,
telecommunication services.
The tax previously imposed pursuant to former section 16-1 of the Code of
Ordinances on each purchase of electricity and metered or bottled gas (natural
liquefied petroleum gas or manufactured) in the corporate limits of the city in th
amount often (10) percent ofthe payments received by the seller of the service from
the purchaser for the purchase of the service shall continue in effect.
(a)
'->
(b) The tax previously imposed pursuant to former section 16-1 of the Code of
Ordinances on fuel oil in the amount of four cents ($0.04) per gallon shall remain in
effect.
(c) Effective October 1, 1996, there is hereby imposed on each purchase of water service
in the corporate limits of the city a tax in the amount of ten (10) percent of the
payments received by the seller of the service from the purchase of the service.
(d) Simplified Communications Tax - Authority.
(1)
(2)
o
The City of Edgewater hereby acknowledges that on October 1,2001, a new
Local Communications Services Tax Conversion rate will go into effect
without any formal action by the City of Edgewater.
F or the period beginning October 1, 2001, and ending September 30, 2002,
the City of Edge water, hereby invokes its authority, in accordance with ACT,
to impose a Local Communications Services Tax rate of 5.5%. This new
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Underlined passages are added.
2001-0-49
2
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(3)
Local Communications Services Tax rate is the sum of the rate set forth in
s. 202. 1 9(2)(a), plus the difference between the Conversion rates set forth in
ss. 202.20(l)(a) and (l)(b), Florida Statutes (2001). The ACT is designed to
be revenue neutral. Consistent with this specific legislative intent of the
ACT that the new tax structure provide revenue neutrality for local
governments, the City of Edgewater hereby makes this adjustment.
Section 202.20, Florida Statutes (2001) requires that the City notify the
Department of Revenue, by certified mail postmarked on or before July 16,
2001, of whether the City will elect to adjust its Conversion rate to the
Maximum rate. This statutory section permits the City to adjust its Local
Communications Services Tax rate by ordinance or resolution. In
accordance with these prerogatives the City adopts this Ordinance. Likewise,
the City hereby declares that this Ordinance shall be its notice to the
Department of Revenue of the City's election to require an upward
adjustment of the Local Communications Services Tax for the period
beginning on October 1,2001, and ending on September 30, 2002.
For the period beginning October 1,2002, and continuing thereafter, the City
of Edgewater, hereby invokes its authority, in accordance with ACT, to
impose the Local Communications Services Tax rate of 5.1 % as set forth in .
s. 202. 19(2)(a), Florida Statutes (2001). The City hereby declares that this
Ordinance shall be its notice to the Department of Revenue of the City's
election to require an adjustment of the Local Communications Services Tax
for the period beginning on October 1,2002 and continuing thereafter unless
and until expressly repealed or preempted. The ACT is designed to be
revenue neutral. Consistent with this specific legislative intent of the ACT
that the new tax structure provide revenue neutrality for local governments,
the City of Edgewater hereby makes this adjustment.
(4)
(e) Local Communications Services Tax Rate.
(1)
The City of Edgewater hereby invokes its authoritv, in
Authoritv.
accordance with Section 337.401(3)( c) 1.. Florida Statutes (2001), to adiusts
its Local Communications Services Tax rate bv the addition of 0.12% in lieu
of requiring and collecting permit fees from anv provider of communications
services. The ACT is designed to be revenue neutral. Consistent with this
specific legislative intent of the ACT that the new tax structure provide
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2001-0-49
3
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revenue neutrality for local governments, the City of Edgewater hereby
makes this adjustment.
(2)
Adiustment. This adjustment shall be applied to the same communications
services subject to the Local Communications Services Tax set forth in ss.
202.20(1 )( a) and (1 )(b), Florida Statutes (2001) and s. 202.19(2)( a), Florida
Statutes (2001 ).
(3) Notification. Section 337.401 (3)( c) 1., Florida Statutes (2001) requires that
the City notify the Department of Revenue, by certified mail postmarked on
or before July 16,2001, of whether the City will elect to forego the collection
of permit fees. This statutory section permits the City to adjust its Local
Communications Services Tax rate by ordinance or resolution. In accordance
with these prerogatives the City adopts this Ordinance. Likewise, the City
hereby declares that this Ordinance shall be its notice to the Department of
Revenue of the City's election to require an adjustment of the Local
Communications Services Tax in lieu of collecting permit fees.
(4) Term. The City hereby declares that this adjustment shall remain in effect
until and unless otherwise expressly repealed by the City, irrespective of
whether the City, in its discretion, maintains a Local Communications
Services Tax rate under ss. 202.20(1 )(a) and (1 )(b) or s. 202. 19(2)(a), Florida
Statutes (2001).
Stl uck till ough passages are deleted.
Underlined passages are added.
2001-0-49
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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.ofthis 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.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
Stl tick till otlgh passages are deleted.
Underlined passages are added.
2001-0-49
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PART F.
ADOPTION.
After Motion by
and Second by
Q the vote on first reading of this ordinance held on June 18, 2001, was as follows:
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AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StJ uck tluough passages are deleted.
Underlined passages are added.
2001-0-49
6
NAY
NAY
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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
StI uck till otJgh passages are deleted.
Underlined passages are added.
2001-0-49
day of July, 2001.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of 2001 under
Agenda Item No.
7
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AGENDA REQUEST
Dale: May 22. 2001
PUBLIC
HEARING
ORDINANCES
RESOLUTION
OTHER
CONSENT June 18, 2001 BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Request for one (1) appointm~nt to the Code Enforcement Board to fill expired office.
BACKGROUND:
The Code Enforcement Board interviewed Joy Brindley on May 17, 200l.
(A copy of the New Board Member Application and minutes are attached.)
BOARD RECOMMENDATION:
At the CEB regular meeting May 17, 2001, the Board unanimously voted to recommend City
Council appoint Joy Brindley for a three (3) year term.
ACTION REQUESTED:
Appoint Joy Brindley to the Code Enforcement Board.
FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/A
PREVIOUS AGENDA ITEM:
YES
NO _L-
DATE:
AGENDA ITEM NO.
Respectfully submitted,
:i&13it; 1;~ {}wxrlh
Beverly Kinney-Johnson
Code Enforcement Officer
---
Attachments
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THE CITY OF EDGEWATER
POST OFFICE BOX 100, EDGEWATER, FL 32132""0100
20m liAR 15 AH 18: 28
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME~'1 ~Rt.vD4'( HOME PHONE ~J>-(,SZlJ'
ADDRESS dc/~O lJte.;to(Z'1 HrLiVl DlGtcJE ?c:4~Wl1t-et<, fL-
OCCUPATIoNJt7e1,4 re~-eJl /1)~,c.Se.. BUSINESS PHONE ~t/-~';S7
Are you a resident of Edge water? 'foe S. If yes. how long? U r-eI't-tt:-..5
Is your principal place of employment in Edgewater? Nt> If yes, how long?
.
Briefly state your interest in serving on a City board, agency or committee: ttI~/ ~ 10
~..RA. in t?-- ~~/ ~ ~ 14 ~,~~~ ~--6~,~
o "1 tiP ~1fL., W/~~~-kf~~~
State your experience/qualifications: ~ _ ~ /~... ~"1-UA~ l.R ~ ~ au t:J.- L.:t-
/~ 4u--...:... l& /1""-,,, 12::1a-...~r~ d./~/~""-' a.J!
fA.} tM-4-~ "'- ~ t'J ~J In -,:k; flkrl ~~~
Are you a registered voter? ~ e 5. Are you a city employee? .AJ 0
Do you hold a public office? ~ At the present time, do you serve on any other
Boards, Asencies or committees?
AJo
,
If yes, please list each:
Have you ever served on any boards, agencies or committees?
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If yes, please list each:
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
(page I of2)
printed from www.CityofEdgewater.org
,
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE
TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
1-- ANIMAL CONTROL BOARD
('.) 3-CITIZEN CODE ENFORCEMENT BOARD
GENERAL EMPLOYEES PENSION BOARD
LIBRARY BOARD
CONSTRUCTION REGULATION BOARD L RECREATION AND CULTURAL SERVICES
ECONOMIC DEVELOPMENT BOARD* . ~ PLANNING AND ZONING BOARD
FIREFIGHTERS PENSION BOARD POLICE PENSION BOARD
VETERANS PARK ADVISORY COMMITTEE
DATE -!/~/
* Economic velopment Board applicants should also complete an application addendum.
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(page 2 of2)
printed from www.CiryofEdgewater.org
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hold until further notice, and to insure this problem does not recur, every business with
dumpster(s) that are not enclosed will be notified of Section 21-34.08 by mail. She will
also be putting the information in the News and Observer, and in the Edgewater
Shorelines newsletter. Code Enforcement will allow a reasonable amount of time for
compliance. Any business using dumpsters that have not been enclosed in the time
allotted will become a Code Enforcement case.
Mr. McGuire asked how many businesses in the City were using dumpsters. She stated
that there was approximately 25-30.
Chairman Fowler asked Ms. Johnson if the Board should drop this case, and start over
since there were at least 25-30 more cases. Ms. Johnson suggested that since the
paperwork was already in progress they should continue the case.
Ms. Keller asked if the Board tabled this case would Holiday Square Owner's
Association be considered a repeat violator? The Board decided it would not.
Chairman Fowler asked if any other business had been notified since 30-45 days have
gone by? Ms. Johnson again stated that she would be notifying all businesses by way of
mail.
'->
Ms. Johnson moved to dismiss the case and start over, second by Mr. De/Nigro. MOlion
CARRIED 6-0.
Ms. Keller inquired about the new Land Development Code, and where they could obtain
copies. Ms. Johnson said she would inquire about getting copies, but that some sections
were on hold and it wasn't completed yet. Ms. Johnson stated that when businesses are
notified of a non-compliance issue, copies of that particular ordinance were attached to
the complaint.
UNFINISHED BUSINESS None at this time.
LIEN REDUCTION REQUEST None at this time.
DISCUSSION ITEMS
New Board Member Applications. Code Enforcement Officer Beverly Kinney-Johnson
explained that applicant Steven Lenhart no longer desires to serve on the Board. Ms. Joy
Brindley was present for an interview.
o Chairman Fowler asked if there were any questions of Ms. Brindley.
Ms. Hammond asked if she was employed. Ms. Brindley stated she was employed at
Bert Fish Memorial as a Nurse Manager position for 26 years.
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Ms. Keller asked if Ms. Brindley would have any problems getting to the meeting? She
explained that she prepares the scheduling in her Department at the hospital.
Chairman Fowler inquired as to her being a "clogging instructor". She stated she use to
teach a group, but no longer is an instructor. She enjoys clogging, and it is her
entertainment in the evenings.
Ms. Johnson asked Ms. Brindley if she had ever served on a jury. Ms. Brindley said she
served once a long time ago, but she would have no problem judging a Code case
involving a neighbor.
Chairman Fowler explained it is all about understanding the law.
Mr. McGuire moved that the Board would recommend to the City Council to accept Ms.
Brindley as a Code Enforcement Board Member, second by Ms. Keffer. Motion
CARRIED 6-0.
CODE ENFORCMENT COMMENTS:
Ms. Keller expressed her concern for the water restriction in the City.
There was brief discussion regarding if the City was using the same restrictions as the
County. Ms. Johnson explained that she didn't have anything to do with water, but
offered her the number to the Utility Department.
PUBLIC COMMENTS:
None at this time.
ADJOURNMENT:
There being no further business to come before the Board, a motion was made and
accepted to adjourn. The meeting adjourned at 6:11 p.m.
Minutes respectfully submitted by:
JoAnn Richard
Police Chiefs Administrative Secretary
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AGENDA REQUEST
June 4,2001
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
CONSENT
/'
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Appointment of members to General Employees Pension Board.
BACKGROUND:
The terms of office for all of the General Employees Pension Board members have expired.
Since we are changing the pension plan, it is the City Manager's recommendation to reappoint
the current members to serve three-year terms: Jack Corder, Lisa Miller, Eric Bosse, and Kathy
Cornelius. Also, the representatives of the P.E.A and the S.P.E.A. are Tyna Hilton and Mike
Tenney, respectively, who are appointed to the Pension Board through union contracts..
STAFF RECOMMENDATION:
It is the recommendation of staff that Council approve the appointments of Jack Corder, Lisa
Miller, Eric Bosse, Kathy Cornelius, Tyna Hilton and Mike Tenney to the General Employees
Pension Board.
ACTION REOUESTED:
Motion to appoint Jack Corder, Lisa Miller, Eric Bosse, Kathy Cornelius, Tyna Hilton and Mike
Tenney to the General Employees Pension Board, all to serve three-year terms.
FINANCIAL IMPACT (FINANCE DIRECTOR) _N/ A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) _NO
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE: '-//-0/
AGENDA ITEM NO.
Concurrence:
~/t+
Legal Review
De orah Sigler,
Personnel Director
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AGENDA REQUEST
Date: 6/8/01
PUBLIC
HEARING
ORDINANCE
RESOLUTIONS
CONSENT
xx
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Easement Agreement - 35th Street and Silver Palm Drive
BACKGROUND:
The City of Edgewater needs an easement from the property owner(s) of the real property located
at the southwest comer of the intersection of3Sth Street and Silver Palm Drive. The primary use of
this easement is to maintain stormwater improvements and provide access to the Silver Palm canal.
STAFF RECOMMENDATION:
Staff recommends the Edgewater City Council approve the attached easement agreement.
ACTION REOUESTED:
A motion by the City Council to approve the attached agreement.
~e
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(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) ---l! I H
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
xx
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~.lA)~
Department 'Director
~~~ W\C~"'-'>-~'''''\-- ~.:\,
Robin Matusick \ ,---) \--.....
Le~~/~
Kenneth R. Hooper
City Manager
C:\MyDociments\TerrysFiles\AgendaRequest
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~IS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esq.
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
AFTER RECORDING RETURN TO:
Susan J. Wadsworth, City Clerk
CITY OF EDGEWATER
Post Office Box 100
Edgewater, Florida 32132-0100
For Recording Purposes Only
EASEMENT AGREEMENT
IS EASEMENT AGREEMENT is made and entered into this.-3cJ+ll day of
2001, by and between RONALD E. HARRISON and GARY R.
MAR LLI, whose mailing address is 1915 Royal Palm Drive, Edgewater, Florida
32141 (hereinafter referred to as the "Grantor"), and the CITY OF EDGEW A TER, a
Florida municipal corporation, whose address is Post Office Box 100, Edgewater, Florida
32132-0100 (hereinafter referred to as the "Grantee").
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors
and assigns of partnerships, corporations, public bodies and quasi-public bodies.)
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Volusia
County, Florida, as described in Exhibit "A" (legal description and sketch) attached hereto
and incorporated herein by reference (the "Easement Property"); and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to
Grantee, a perpetual easement over, upon and across the Easement Property for the specific
and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms
and conditions set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. The above recitals are true and correct, form a material part of this
Agreement and are incorporated herein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to Grantee
a perpetual easement over, upon and across the Easement Property for the purposes
(Easement/Utility Easement - Harrison)
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hereinafter stated (the "Easement"), all subject to the terms, conditions, and limitations set
forth herein.
Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor has
fee title to the Easement Property, subject to easements, reservations, restrictions, and rights-
of-way of record, if any, and the Grantor has full power and authority to grant this Easement
as to the Easement Property.
Section 4. Grantee's use of the Easement Property shall be for the purpose of
Grantee, through itself, its agents, contractors, consultants and employees performing such
activities on the Easement Property as Grantee may deem reasonably necessary in connection
with the installation, maintenance, operation and repair of utilities, including, but not limited
to paving and stormwater improvements -located on 35th Street, together with the rights,
easements, privileges and appurtenances in or to said land which may be required for the full
enjoyment of the rights herein granted. The easement, rights and privileges granted herein
shall be perpetual.
Section 5. This Easement is non-exclusive, and Grantor reserves to itself, its
successors and assigns, the non-exclusive right to use, pass and repass over and upon the
Easement Property. Each party shall use the rights granted and reserved by this Easement
Agreement with due regard to the rights of the other party to use and enjoy the Easement
Property .
Section 6. To the extent permitted by law, the Grantee agrees to indemnify and
hold harmless the Grantor from and against any and all claims, actions, causes of action, loss,
damage, injury, liability, cost or expense, including without limitation attorneys' fees
(whether incurred before, during or after trial, or upon any appellate level), arising from the
Grantee's use of the Easement Property or from the exercise by the Grantee of any rights
granted by this Easement Agreement.
Section 7. The Easement shall be binding upon and inure to the benefit of the
parties specified herein, their respective legal representatives, successors and assigns, and the
benefits and burdens hereof shall run with the Easement Property.
Section 8. This Easement Agreement may be modified or amended only upon the
mutual written consent of Grantee and Grantor, or their respective legal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and have
caused this Easement Agreement to be executed as of the day and year first above written.
(Easement/Utility Easement - Harrison)
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Signed, sealed and delivered in
the presence of
~~~<~~-S-~~
Print name:~~~C::~:,'C.,-~
STATE OF FLORIDA
COUNTY OF VOLUSIA
GRANTOR:
OWNER
~tv~ PW\~
Gary ~. Ma~tinelli
Owner
3 L{ I L/t\p. "blL~~
~ddress
~ ee~JLlI, y\j~ i0.1J7-llv{
City, State & Zip Code
By:
The foregoing instrument was acknowledged before me this ~ day of
~ ,2001 by GARY R. MARTINELLI who is an owner of subject property
and au Ized to execute this document and who [ ] IS personally known to me or'i-.,]
produced ~ .]) lJ it LlQ9. II (). <-15 I as identification.
{Notary Seal must be affixed}
(Easement/Utility Easement - Harrison)
C7-rl::>~rrcd" .1\";' Ji
Signature 0 Notary .
~ L . trYJ,-iL<5LC)"')
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
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Signed, sealed and delivered in
the presence of
STATE OF FLORIDA
COUNTY OF VOLUSIA
GRANTOR:
OWNER
4~>-:) / ~ ~
By:,~&"f.-/ C -"
Ronald E. Harrison
Owner
The foregoing instrument was acknowledged before me this ~ day of
\'\'.0 ~ ,2001 by RONALD E. HARRISON who is an owner of subject property
and aut rized to execute this document and who [ ] is personally known to me o~]
produced 'iL 1)L.,Jt H&:t;).5' '121'5' as identification.
i-/3. qd,--:t-. C)
{Notary Seal must be affixed}
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
(Easement/Utility Easement - Harrison)
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Signature of Notary """"
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I~ 'V.~rl.XS){'L ~\\'f.:o\~LMat<</"~
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Name of Notary (Typed,PrintedorStamped) ~ o.o~\SS'ON~.. ~
~ "'~CJ ~'b.~ 1.10q;~. \
:- :~ lh" ~
Commission Number (if not legible on seal): :: * : .... : * E
- . -
~f> \ #00012184 : ~i
My Commission Expires (if not legible on seal): ~ ~ .0 .. $j~
~~oo ~~~ ooo(f;:,
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~",.ve;-oo".~C~ ~-
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Approved by the City Council of the City
of Edgewater at a meeting held on this _
_ day of
2001 under Agenda Item No.
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SKETCH OF DESCRIPTION OF
(NOT AN ACTUAL BOUNDARY SURVEY)
PROPOSED UTILITY EASEMENT - The northerly 20 feet of Lot 15269, Block 496, FLORIDA SHORES
UNIT NO. 27 (REVISED), according to the plat thereof, recorded in Map Book 19, Page 247 of the.
Public Records of Volusia County, Florida.
SURVEY REPORT:
1. Sketch only, not an actual boundary survey, improvements not shown.
2. Description prepared by the undersigned at the request of the City of Edgewater.
. 3. Angles per plat of record.
4. Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of
record.
5. This sketch prepared without the benefit of an abstract and no title work has been performed or
provided.
6. This sketch is subject to any facts that may be disclosed by a full and accurate title search.
7. Underground utilities and features not located.
8. Not valid Without the signature and the original raised seal of a Florida licensed surveyor and
mapper.
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I hereby certify that this sketch of description and report of the subject property is true and correct to the
best of my knowledge, information and belief as prepared under my supervision on the date shown
hereon. I further certify that this sketch of description and report meets the minimum technical
standards set forth in F.A.C. Rule 61G17-6, adopted by the Florida Board of Professional Surveyors
and Mappers, pursuant to Florida Statutes Ch. 472.027; subject to the qualifications noted hereon.
Signed ~~ ~. S.,'
Daniel W. Cory :
Professional Surveyor and Mapper
License Number 2027
Daniel W. Cory Surveyor, Inc.
Certificate of Authorization Number 2599
300 Canal Street
New Smyrna Beach, Florida 32168
(386) 427-9575 .
Date Prepared: OS/25/2001
Work Order # 01-05-081
File # 3527
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AGENDA REQUEST
Date: June 10,2001
PUBLIC
HEARING
ORDINANCE
RESOLUTIONS
OTHER
CONSENT June 18,2001 BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Agreements giving the City approval to utilize vacant properties for parking during the 2001 4th
of July fireworks show.
BACKGROUND:
Recently, the City Council had requested for the Fire-Rescue Association to locate alternative
parking areas that would accommodate several vehicles for the July 4th 2001 "fireworks show.
The Fire-Rescue Association has since located vacant properties at the comer of East Palm Way
and South Ridgewood Ave. and the comer of Lamont and North Ridgewood Ave. Both
properties are within walking distance of the display area used for the fireworks show and will be
staffed with parking attendants.
Owners of the properties have agreed to allow the City to use the properties for free temporary
parking by the general public for the Event. The permission is subject to the terms and conditions
set forth in the attached agreements.
STAFF RECOMMENDATION:
Staff recommends that the City Council give approval for the Mayor to execute the Event
License Agreements for the use of properties mentioned for the 4th of July fireworks show.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PREVIOUS AGENDA ITEM:
YES
NO XX
DATE: N/A
AGENDA ITEM NO.
Respectfully submitted,
~1.- ~I~
Stephen G. Cousins
President
Edgewater Fire-Rescue Association
~~
Kenneth R. Hooper
City Manager
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CITY OF EDGEWATER
EVENT LICENSE AGREEMENT
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(PARKING - 4TH OF JULY)
THIS CITY OF EDGEW A TER EVENT LICENSE AGREEMENT (this "License
Agreement") is made and entered into this day of , 200 I, by and
between the CITY OF EDGEW A TER ("City") and VIRSAN, INC., whose address is 900 Big
Tree Road, South Daytona, Florida 32119 ("Owner").
WITNESSETH:
WHEREAS, the City is sponsoring a 4th of July fireworks show within the City of Edge water
(the "Event"); and
WHEREAS, it is anticipated that the parking requirements for this event will exceed the
number of parking spaces the City can safely provide on City property; and
WHEREAS, Owner is the owner of that certain parcel of property being located within the
City of Edgewater at the corner of East Palm Way and South Ridgewood Avenue (the "Property");
and
o WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for
the Event; and
WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by
the general public for the Event subject to the terms and conditions set forth in this License
Agreement.
NOW, THEREFORE, in consideration of the premises, and in further consideration of the
covenants and benefits flowing between the parties as set forth hereinbelow, the City and Owner,
each intending to be bound, hereby agree as follows:
1.
Recitals.
reference.
The above recitals are true and correct and are incorporated herein by
2. Authority. Owner warrants and represents that it has fee simple title to the
Property and that Owner has full right, authority and capacity to execute this License
Agreement.
o
3.
Grant of License: Term. Owner hereby grants to City a license for vehicles to
cross over and upon and park on the Property free of charge in connection with the
Event. The license granted herein may be utilized by the City and its invitees
(Agreement/Event License Agreement - 4th of July) 1
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attending the Event. The license shall be effective only on July 4, 2001.
4.
Insurance: Indemnification. * In consideration ofthe granting of the license,
the City agrees to maintain adequate insurance coverage for the uses ofthe Property
as contemplated herein. In addition, to the extent permitted by law, the City hereby
agrees to indemnify and hold Owner harmless from and against all personal injury
or death, loss of or damage to personal property, loss, liability, costs, claims,
demands, damages, actions, causes of action, suits and expenses arising out of,
related to or caused by the City or its invitees in the exercise of any of the City's
rights hereunder.
5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash
and debris following the Event and otherwise to reasonably return the Property to its
condition prior to the Event.
IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater
Event License Agreement to be executed in their names as of the day and year first written above.
OWNER: VIRSAN,INC.
~.~.c::?~ ~,S~
Print Name: OOKdaX>Vlfr Edwln D. Davis, II
~OOK Secretary
Dated:
t/")/OJ
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
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
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of 2001 under
Agenda Item No.
(AgreementlEvent License Agreement - 4th of July) 2
*~Agequate.insurance coverage" is defined as liability coverage
wltn ll~ltS of no +ess t~an $1,000,000.00. City hereby agrees
to provlde owner wlth wrltten p~oof of iosu~ance showing owner
as a loss payee no later than the date ot the Event.
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CITY OF EDGEWATER
EVENT LICENSE AGREEMENT
(PARKING - 4TH OF JULY)
THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License
Agreement") is made and entered into this day of , 2001, by and
between the CITY OF EDGEWATER ("City") and NOW, INC., whose address is 115 North
Ridgewood Avenue, Edgewater, Florida 32132("Owner").
WITNESSETH:
WHEREAS, the City is sponsoring a 4th of July fireworks show within the City of Edge water
(the "Event"); and
WHEREAS, it is anticipated that the parking requirements for this event will exceed the
number of parking spaces the City can safely provide on City property; and
WHEREAS, Owner is the owner of that certain parcel of property being located within the
City of Edgewater at the comer of Lamont and North Ridgewood Avenue (the "Property"); and
WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for
the Event; and
WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by
the general public for the Event subject to the terms and conditions set forth in this License
Agreement.
NOW, THEREFORE, in consideration of the premises, and in further consideration of the
covenants and benefits flowing between the parties as set forth hereinbelow, the City and Owner,
each intending to be bound, hereby agree as follows:
1.
Recitals.
reference.
The above recitals are true and correct and are incorporated herein by
2. Authority. Owner warrants and represents that it has fee simple title to the
Property and that Owner has full right, authority and capacity to execute this License
Agreement.
3.
Grant of License: Term. Owner hereby grants to City a license for vehicles to
cross over and upon and park on the Property free of charge in connection with the
Event. The license granted herein may be utilized by the City and its in vi tees
attending the Event. The license shall be effective only on July 4, 2001.
(Agreement/Event License Agreement - 4th of July)
)
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4.
Insurance: Indemnification. In consideration of the granting of the license,
the City agrees to maintain adequate insurance coverage for the uses of the Property
as contemplated herein. In addition, to the extent permitted by law, the City hereby
agrees to indemnify and hold Owner harmless from and against all personal injury
or death, loss of or damage to personal property, loss, liability, costs, claims,
demands, damages, actions, causes of action, suits and expenses arising out of,
related to or caused by the City or its invitees in the exercise of any of the City's
rights hereunder.
5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash
and debris following the Event and otherwise to reasonably return the Property to its
condition prior to the Event.
IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater
Event License Agreement to be executed in their names as of the day and year first written above.
OWNER: NOW, INC.
Print Name:
~
-JA6 r
Dated:
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
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
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of 200 I under
Agenda Item No.
(Agreement/Event License Agreement - 4th of July) 2
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AGENDA REQUEST
Date: June 1 L 200 1
u
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
CONSENT X
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Right of Entry Agreement
BACKGROUND:
Florida Department of Transportation needs a Right of Entry Agreement with the City of
Edgewater that will enable them to construct and make improvements to the drainage canal next
to Veterans Park.
STAFF RECOMMENDATION:
u
Staff recommends the Edgewater City Council approve the attached Right of Entry Agreement.
ACTION REQUESTED:
A motion by the City Council to approve the attached agreement and authorizing the Mayor or
City Manager to sign this agreement.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
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bcA.. nnet R: Hooper
City Manager
Please see Liz McBride to review map of area
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.lEB BUSH
GOVER;'IOR
719 S. Woodland Blvd.
DeLand, FL 32720-6834
June 7, 2001
Mary A. Doty
Foley & Lardner
III N. Orange Avenue
Suite 1800
Orlando, FL 32801-2386
RE:
Rural Section
State Project No.:
Item Segment No.:
F AP No.:
County:
State Rd No.:
Parcel:
79210-2505
2408121
3281-006-P
V olusia
442
122
Urban Section
State Project No.:
Item Segment No.:
FAP No.:
County:
State Rd No.:
Parcel:
Dear Ms. Doty:
~~C.L~
'U ~#J,"""-f..BARRy.JR
VI W T"'~~rARY
7 ^..
-< J '.'
~ ... <001
't~
-.tf;:'.;
~~.;.~
79210-2504
2408111
3281-005-P
V olusia
442
105,193,196,820,823
Enclosed is the second revision of the Right of Entry Agreement to be signed by the City of Edgewater.
If you have any questions, please contact me at (386) 943-5077.
Sincerely,
~M<;.O&~
Heather S. Garcia
Right of Way Agent
hsg
Enclosures
cc: Ken Hooper, City Manager
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RIGHT OF ENTRY AGREEMENT
FMNo.:
Project No.:
FAP No.:
SRNo.:
County:
Parcel:
2408111
79210-2504
3281-005-P
442
V olusia
820H
ST ATE OF FLORIDA
COUNTY OF VOLUSIA
THIS AGREEMENT, made and entered into on the
By and between
date of
,2001.
City of Edgewater
Hereinafter called the "OWNER" and the State of Florida Department of Transportation,
hereinafter called the "DEPARTMENT".
WIT N E SSE T H:
WHEREAS, the Department intends to acquire the property described as Parcel 820 A
through G for the perpetual use as a drainage easement on the above referenced project; and
WHEREAS, there are certain improvements affected by the above referenced project
which are located upon the Owner's remaining property; and
NOW, THEREFORE, in consideration of the above state premises, the Owner and the
Department hereby agree that the Department and/or its duly authorized representative shall have
the right to enter upon the Owner's remaining lands for the purpose of constructing the drainage
improvements and guardrail highlighted on the attached construction plans. It is further understood
and agreed that the Department and/or its duly authorized representative will restore'the remaining
lands to a safe and sanitary condition after the construction of the improvements.
OWNER:
DEP ARTMENT:
STATE OF FLORIDA
DEP ARTMENT OF TRANSPORT AnON
Signature
Date
Print or Type Name
By:
Signature
Date
Its Agent
Print or Type Name
Date
Print or Type Name
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AGENDA REQUEST
Date: June 12.2001
PUBLIC
HEARING
ORDINANCE
RESOLUTIONS
CONSENT
x
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Approval to enter into an agreement with First Union National Bank to accept credit and debit
cards as payment methods for general City revenues and utility payments.
BACKGROUND:
The Finance Department has been asked by numerous customers to look into the possibility of
accepting credit and debit cards as payments for general City revenues, in particular utility bills.
Many customers prefer to pay by this method so that they may earn points or mileage from their
various cards. Also, customers who do not live here sometime find it difficult to mail their
checks in time to avoid penalties and disruption of water service. The Finance Department has
initially talked to First Union about the possibility of accepting MasterCard, Visa, Discover and
American Express as well as debit cards. The City should also have three individuals who are
authorized to make changes to the agreement:
Michele L. Goins, Finance Director
Kenneth R. Hooper, City Manager
Donald Schmidt, Mayor
STAFF RECOMMENDATION:
Staff recommends that the City Council approve accepting credit and debit cards and authorize
the Mayor to sign the attached agreement subject to approval by the City Attorney and approve
the proposal to lease or purchase the equipment. (The proposal is in Liz's office to review).
ACTION REQUESTED:
Motion to approve Mayor to sign agreement allowing the City to offer credit and debit cards as
payment options for City revenues and utility payments.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A
,~
PREVIOUS AGENDA ITEM:
YES
NO XX
DATE: N/A
Respectfully submitted,
o ~~~-==
Michele L. Goins, CPA
Finance Director
AGENDA ITEM NO.
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AGENDA REQUEST
Date: 6/12/0 I
PUBLIC
HEARING
ORDINANCE
RESOLUTIONS
CONSENT
OTHER
BUSINESS
CORRESPONDENCE
xx
ITEM DESCRIPTION:
Recommendation to A ward Bid
FJ.N.D. V-26 Containment Site-
Geotechnical Testing Services
BACKGROUND:
The City of Edgewater solicited sealed bids for geotechnical testing services related to the F.I.N.D.
Project. Four firms responded and on June 7,2001, the bids were opened. The City's consulting
engineers providing Construction Engineering and Inspection services for the Phase I construction,
Commander Gierok and Associates, Inc., have reviewed the bids and recommended the low bidder,
Law Engineering and Environmental Services, Inc. (see attached letter) be awarded the bid.
STAFF RECOMMENDATION:
Staff recommends the Award of Bid for Geotechnical Testing Services for Phase I of the F.I.N.D.
V-26 Containment Site project be made to Law Engineering and Environmental Services, Inc. at a
total bid price of $28,066.00.
ACTION REQUESTED:
A motion by Council to award Law Engineering and Environmental Services, Inc. the bid to
perform Geotechnical Testing Services for the FJ.N.D. Phase I Construction project at a cost of
$28,066.00.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES
NO
xx
DATE:
AGENDA ITEM NO.
Respectfully submitted,
J::,,*W~
Departmen irector
~, .
\)- Robin Matu . ck
Lega . t
~~
Kenneth R. Hooper
City Manager
C:\MyDociments\TerrysFiles\AgendaRequest
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JUN 12 2001 11:2~HM CUMMHNUcK GlcKUK & H~~UL. ~u'u~~~~c,
p. 1
CGA/Commander Gierok & Associates" Inc.
3507 Edlingham CourtOrlando. Florida 32812(407) 468-0115(407) 888-3019 fax
Mr. Terry Wadsworth
City of Edgewater
P.O. Box 100
lO4 N. Riverside Drive
Edgewatcr, FL 32132-0100
SUBJECT:
F.I.N.D. V-26 Containment Site - Geotechnical Testing Services
RE:
Recommendation of Award
Dear Mr. Wadsworth:
On Thursday, June 7, 2001, the City received sealed bids for the referenced project from four (4)
testing service firms. The attached tabulation of bids represents a summary of unit prices provided by
each of the bidders. The bid tabulation indicates Law Engineering and Environmental Services, Inc.
(LAW) as the apparent low bidder with a total bid price of $28,066.00. The second apparent low
bidder is Universal Engineering Sciences, Inc. with a total bid price of $28,517.00. The highest total
bid price is $54,235 (corrected from $28,875.00 due to mathematical errors) submitted by Qore
Property Sciences, Inc.
We have not checked bidder's references due to the City's time constraints, however the City is
familiar with the apparent low bidder. The bid proposal of the low bidder is complete and properly
executed. LAW bas submitted a proposal to comply with other City bidding requirements. While these
special requirements must be verified by the City, we believe that the bid proposal is in conformance in
aU material respects to the invitation for bids and is therefore a responsive bid.
Based upon our review of the submittals from each of the bidders, we recommend that the above
referenced testing services contract be awarded to Law Engineering and Environmental Services, Inc.
If you have any questions or comments, please contact me at your earliest convenience.
Sincerely,
COMMANDER GIEROK AND ASSOCIATES, INC.
c}JfJJJ. C.~~Jt
Kathleen N. Giifo;:;; ~
Principal
Attachments: Bid Tabulation
Original Bid Proposals
cc: Mr. Jack Commander, CGA
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THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
City Manager Kenneth R. Hooper
City Attomey Scott A. Cookson
City Clerk Susan J. Wadsworth
Legal Assistant Robin L. Matusick
Asst. to City Mgr. Elizabeth J. McBride
r '\ Mayor Donald A. Schmidt
~District 1 Councilman James P. Brown
District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
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TO:
fROM:
'C.,M. NO:
. 'DATE:". "
SUBJECT:
INTER';OFFI,CEME~ORANDUM
EDGEWA 'f.ER, FLORIDA
Mayor an.~, City Cou~cil '~\\"".
Ken, Hooper,.City Man,age~ . ~T '
'2001-044 ..' " " . '.',
June'fl;2bOl :",
" PUrchasi and Sale Agreement ~.7I acres' from Dustin's
. ': Bar.;B;Q ~nc. at US l~ndWest Turgot A v.enu'e
. "'. ,.' _~ '", "_' :- ",' ..-. ".....~,~)'.", . '" ".-. ._~. r' ,.-..~.'- .," ". -." .'.'
. .' Atta~hed i.s a'dr~f(:ellrchase'and Sale Agreeliient propose<;i f?f.the purc~ase of,aPI)fOximC!telyseven',.
(7) acres at the int~rsection' of US'I' and. W.;Turgot 'Avenue. . The City desires. to purchase the ..
"propertY to':e~p3:nd' th~' City.l6wnel :fia~k~" ~ai:k - Cofuplex.~ ,The ,proposed :. pt~perly . 'will'b~ .
incorporated into the Master Plan for Hawks Park and potential uses 'include: amphitheater,
administrative offices for the ParksIRecreation Department, museum site, cultural center, senior
center and other beneficial public uses.
The proposed purchase price is $410,000. An appraisal of $425,000 has been obtained for fair
market value and the Seller has agreed to make a donation (tax purposes for the seller) of $15,000
and accept a purchase offer of $410,000. The City and Seller acknowledge the property is being
obtained under the threat of eminent domain (condemnation) by the City for the public purpose of
expanding Hawks Park.
0,
The acquisition process includes:
City Council authorize Mayor/City Manager to execute Purchase/Sale
Agreement;
2. , ..> .~i~hin tw~nty (20) d.ays'-o(execut,ion.of p'urch~e~Sale Agre~ment,' ,S~l~er
. . '.. .; ;,"~ ': '..:.must provid,e marketable fee simple'title;.. ' . " :' . . ': .,.., " ,', ,..:..-
, :'3. .:.::.... ..~i,ty. has ten (10) days. .t~, notifyS~ller of 'any u!1.ac~~ptable title matters;. ,:.'
J. ..' ';'.,;~ '4.J"S~ller'ijasthirty (30):days for title cure; " ;; ;. .,";; :'',.. ~ . '~. '.'\ . ) .",~' ;'-""" .
. -,' ";'. ,> ,.,' :': '.~,. .:':,. .:(. ..~.:.:: '...::",. '. ", ,... ~.(.':',.: ',.:.~.".: ):,:":':'c:':>., ,.:' >:, " " <,~">' ',. ' . ";-
'.' '," .,' '.'}''i';~ ..<'CrrvM~AGER'SO.FFICE~.', _ ,.....;..,
, . .',"; .. ,; 104 NORTH RIVE~SIDE DRIVE ~' ; ~~'.:' , .' . ..'
'. ..' . .; "(3~)4~4-,2404 FAX-(386)424,.2421 .. ". :',
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Purchase/Sale Agreement
June 11,2001
Page -2-
5.
Within twenty (20) days of execution of Purchase/Sale Agreement, City will
have property surveyed for boundary determination;
City has' sixty (60) days from execution of Purchase/Sale Agreement to
investigate physi~al an~.;economic restrictions of property;
City agrees to pay closing cost;
Subject to the above, closing will, occur August 1, 2091; and,
'Purchase/Sale Agreement is .il)itiated the day of signature' by the Mayor.. .
./ . -;', ' .' .' . ,
6.
7.
8.
9.' .
" ,
Action Requested:
Motibn to authorize P~rchase/Saie Agreeme'ntto be executed by th~ Ma)'ora~d Mayor authorized
to close on property .provided 'nosubstantial' changes or conditions 'are discovered. ..' , , '
. -. . ',,,- . ,. ) . . . . ~
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Note; If. you wish to' revie,w the appraisal, it is locate~ on Liz's 'desk.. ,', .
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FOLEY & LARDNER
ATTORNEYS AT LAW
CRUSSELS
'HICAGO
ENVER
DETROIT
JACKSONVILLE
LOS ANGELES
MADISON
MILWAUKEE
POST OFFICE BOX 2 I 93
ORLANDO, FLORIDA 32802-2193
I I I NORTH ORANGE AVENUE, SUITE I 800
ORLANDO, FLORIDA 32801-2343
1ELEPHONE: (407) 423-76S6
FACSIMILE: (407) 648-1743
ORLANDO
SACRAMENTO
SAN DIEGO
SAN FRANCISCO
TALLAHASSEE
TAMPA
WASHINGTON. D.C.
WEST PALM BEACH
WRITER S DIRECT LINE
407-244-3245
EMAIL ADDRESS
.SCOOKSON@FOLEYLAW.COM
CLIENT/MATTER NUMBER
02558 I -0 I I 2
May J8, 2001
VIA OVERNIGHT DELIVERY
Mr. Jack Corder
City of Edgewater
104 N. Riverside Drive
o Edgewater, Florida 32132-0100
Re: Purchase and Sale Agreement between the City of Edgewater and Dustin 's
Bar-B-Q, Inc.
Dear Jack:
Enclosed please find a draft of the above referenced Contract. Please note that I
have highlighted the two areas of the Contract that address the Seller's main concerns - the
$15,000.00 donation and the impact on his adjacent property. After you have had a chance to
review this Contract, please do not hesitate to contact me should you have any questions. You
indicated to me previously that you would like Ken to also review this Contract. Once the two
of you have signed off on the terms of the Contract we can discuss presenting it to the Seller
for review and execution.
I look forward to talking to you.
Sincerely,
o
Enclosure
cc: Robin Matusick (w/o enclosure; via facsimile)
006.218948.1
ESTABLISHED 1842
A MEMBER OF GlOBALex WITH MEMBER OFFICES IN BERLIN: BRUSSElS. DRESDEN, FRANKFURT, lONDON, SINGAPORE, STOCKHOLM AND STUTTGART
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006.217374.2
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and
entered into this _ day of 2001 ("Effective Date") by and between
DUSTIN'S BAR-B-Q, INC. whose address is 1208 South Ridgewood A venue, Edgewater,
Florida 32132 (hereinafter referred to as the "Seller"), and the CITY OF EDGEWATER, a
Florida municipal corporation, whose address is P.O. Box 100, Edgewater, Florida 32132-
0100 (hereinafter referred to as the "City").
WIT N E SSE T H:
WHEREA8, the Seller is the owner oT fee simple title to certain real property located
in V olusia County, Florida, as more particularly described in Exhibit" A" attached hereto and
by this reference made a part hereof (the "Property"); and
WHEREAS, the City is a Florida municipal corporation which is authorized to
exercise condemnation powers pursuant to Chapter 166, Florida Statutes; and
WHEREAS, the City desires to acquire from the Seller fee simple title to the Property
for development and use as a park site (the "Project"); and
WHEREAS, the City has advised Seller that if the City and the Seller do not enter into
an agreement for the purchase and sale of the Property that the City intends to use its power of
eminent domain to condemn the Property; and
WHEREAS, Seller, under threat of condemnation, has agreed to sell the Property to
the City, and the City 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:
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reference.
Recitals. The above recitals are true and correct and are incorporated herein by
2. The Purchase - The Property. Seller, under threat of condemnation, agrees to
sell and the City 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 City
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
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006.217374.2
improvements, fixtures, easements, trees, shrubbery, rights-of-way, tenements and
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).
3. Purchase Price.
(a) The Purchase Price for the Property shall be FOUR HUNDRED TEN
THOUSAND AND NO/lOO DOLLARS ($410,000.00) (the "Purchase Price"). The parties
hereby acknowledge and agree that the Purchase Price: (a) constitutes full compensation to the
Seller for the value of the Property and the r~sulta":t~~~~~~,if~":t, t() t~e.r~I11~inder of the
lands adjacent thereto owned by the Seller t~~~J~tiyl~~,~i.i!~!?!t:S2P~t!qll!iqI},)Jf~Y;' (b) includes
full compensation to the Seller for all trees, shrubbery and other improvements on the
Property, all of which may be removed by the City in connection with the Project; and (c)
includes compensation and reimbursement to the Seller for all costs and expenses incurred or
to be incurred incident to this Agreement and the closing hereof, including but not limited to
attorneys' fees and appraisal fees.
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(c) It is expressly agreed by Seller that the Purchase Price is an amount
negotiated by the parties under threat of condemnation and constitutes an amount which the
Seller, under threat of condemnation, is willing to accept, together with any charitable
contribution which may be claimed by Seller for federal income tax purposes, as full
compensation to it for the Purchase Price and that the Seller will execute and deliver at Closing
a Release in the form attached here to as Exhibit "B" and by this reference made a part
hereof.
4.
Title.
(a) Within twenty (20) days after the Effective Date, the City 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 by First American Title Insurance Company
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through its agent Foley & Lardner (the "Title Company"). The costs of the Title Commitment,
the owner's title insurance policy and any title searches or status of title reports/certificates and
updates associated therewith shall be paid by the City.
(b) Within ten (10) days from the City's receipt of the Title Commitment,
the City shall deliver to Seller written notice of any title matters which are not acceptable to the
City (the "Title Objections"). If the City 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 City, in its sole dIscretion may elect), then the City shall have the
option to (i) terminate this Agreement by providing Seller with written notice of its intent to do
so within ten. (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 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.
(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.
5. Survey.
(a) Within twenty (20) days from the Effective Date, the City, at the City's
expense, shall obtain a current boundary survey of the Property (hereinafter referred to as the
"Survey") prepared by a Registered Professional Land Surveyor reasonably acceptable to the
City, including 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 closing documents.
(b) Within ten (10) days from the City's receipt of the Survey, the City shall
deliver to Seller written notice of any survey matters which are not acceptable to the City (the
"Survey Objections"). Survey Objections shall be treated in the same manner as Title
Objections. If the City 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 City, the Title Company,
Foley & Lardner and such other entities as may be designated by the City and Seller.
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6. Feasibility Investigation.
(a) The City shall have sixty (60) days from the Effective Date (the
"Inspection Period") within which to investigate the physical and economic feasibility of
developing the Property for the City's intended purposes 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 City, in its sole and
absolute discretion, to determine the overall feasibility of the Project. For the purposes of
conducting this investigation, the City ~hall 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 City deems appropriate.
(b) To the extent permitted by law, the City 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 City in the exercise of any of the City's rights under this Section. In the
event this Agreement fails to close, upon request of Seller, the City shall, at its sole cost and
expense, 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 on behalf of the City on
the Property after the Effective Date.
(c) In the event the City determines, in its sole discretion that It IS not
desirable or feasible to develop the Property for the City's intended purposes or that it is not
satisfied as to any other matters set forth in this Section, or any other matters which the City
deems relevant, then in such event the City may, in the City's sole discretion, elect to
terminate this Agreement by furnishing written notice thereof to Seller prior to the expiration
of the Inspection Period 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.
7. Closing Costs: Tax Proration. The City shall pay all closing costs associated
with this Agreement, including all recording fees and documentary stamp taxes relating to or
resulting from the transfer of title to the City of the Property. Real property taxes in
connection with the conveyance of the Property shall be paid prorated as of the day of the
acceptance of the conveyance by the City and the prorated amount shall be paid by the Seller
and shall be escrowed in accordance with the provisions of Section 196.295, Florida Statutes.
Notwithstanding the foregoing, if the Closing for the Property occurs between November 1 and
December 31, then Seller shall pay all real property taxes for the entire year.
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8. Adjacent Property. City acknowledges that Seller is the owner of adjacent
lands to the south of the Property as of the Effective Date which is currently being utilized as a
restaurant known as Dustin's (the "~djacent Property"). The City ~ereby acknowledges that
the City will !ake no action concerning the zoning or existence of the Adjacent Property in
conneCtion with this Agreement or the development of the Property as. a park site. Seller
acknowledges that there may be temporary periods during which access to the Adjacent
Propertytp.ay b~ tempQrarily r~rout~~;du~ to construCtion activities associated with the Project.
9. Closing. 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. on AugllSEL' 200J (the "Closing"). The City's legal counsel shall be responsible
for the preparation of all closing documents, atthe City's expense.
10. Seller's Representation and Warranties. Seller represents and warrants to the
City that the following statements are true and correct, and the City's obligation to close shall
be conditioned. on the same being true and 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) 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, fITe or other law, ordinance, order or regulation or any recorded 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 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) 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 any portion of the Property which will survive the
Closing.
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(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
o Closing or paid by Seller with funds escrowed from the Closing proceeds.
(g) No member of the City Council of the City of Edgewater, no agent or
employee of the City of Edgewater, 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 lessee's, tena_nts at sufferance, licensees or trespassers. At the
time or Closing, no person or entity shall be entitled to or be in possession of any portion of
the Property.
(i) Seller is not a "foreign person" as such term IS defined In Section
1445(f) of the Internal Revenue Code.
(j) There are no assessment liens pending or proposed, certified, confirmed,
ratified, special or otherwise affecting the Property.
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(k) There is continuous ingress and egress to the Property by means of a
dedicate public road.
(1) Seller shall refrain from taking, between the Effective Date and Closing,
that which would cause, or threaten to cause, any representation of Seller's, as contained in
this Agreement, to become materially incorrect or untrue during such period.
(m) Seller shall take, or cause to be taken, all actions necessary to cause the
representations of the Seller as contained in this Agreement to remain materially true and
correct in all respects from the Effective Date through Closing as to the Property.
11. Broker.
Q
(a) Seller represents and warrants to the City 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 City 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. Seller further covenants and agrees to indemnify the City for damages, court
costs and reasonable attorneys' fees and paralegals fees, at both a trial and appellate levels,
incurred as a result of any such claim.
(b) The City 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
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006.217374.2
law, the City agrees to indemnify and to hold Seller harmless from any such commission, fees
or compensation which may be claimed to be due through the City or pursuant to the acts of
City or City's representative. To the extent permitted by law, the City 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 of this
Agreement.
12. Additional Documentation. In connection with the conveyance of the
Property, the Seller shall execute such closing documents as may reasonably be required by the
City, including but not limited to a standard fqrm no-lien affidavit, a non-foreign certification,
and a closing statement. -
13. 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 either party hereunder and the consummation of the transactions
contemplated hereby. The provisions of this paragraph shall survive the Closing.
14. Specific Performance. Both the City and the Seller shall have the right to
enforce the terms and conditions of this Agreement by an action for specific performance.
15. 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.
16. . Agreement: Amendment. . This Agreement constitutes the entire agreement
betweeJ;l 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.
17. Applicable Law. This Agreement shall be construed and interpreted III
accordance with the laws of the State of Florida.
18. Disclosure of Beneficial Interest. Contemporaneous with the execution of this
Agreement, Seller shall deliver to the City a public disclosure of its beneficial ownership which
shall comply with the requirements set forth in Section 286.23, Florida Statutes. This
Agreement constitutes a written notice from the City to Seller requesting the foregoing
disclosure and informing Seller that such disclosure must be made under oath, subject to the
penalties prescribed for perjury.
19. 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.
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20. Ne20tiated Price to be 'Without Prejudice. The Purchase Price specified
herein was negotiated by the parties on the basis of a total price for the Property, with
consideration of any applicable donation by Seller to City, and shall be without prejudice to
any party, and inadmissible in any condemnation proceedings which might hereinafter be
brought if this transaction is not closed for any reason whatsoever.
21. Time for Acceptance. The Seller is irrevocably executing this Agreement prior
to approval by the City; provided, however, that in the event the City does not approve and
execute this Agreement on or before JUDf~\5,200J, then the Seller's execution hereof shall be
automatically terminated and the City shall immediately return to the Seller the executed
originals hereof.
22. Effective Date. The Effective Date of this Purchase and Sale Agreement shall
be the date that it is executed by the City and such date shall be inserted on the front page of
this Agreement.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, to
become effective as of the date and year first above written.
SELLER:
Signed and delivered
in the presence of:
DUSTIN'S BAR-B-Q, INC.
By:
Name:
Title:
Print Name:
Print Name:
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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
form and legality this _ day of
2001.
By:
Name:
CITY ATTORNEY
Foley & Lardner
CITY:
CITY OF EDGEWATER, a Florida
municipal corporation
By:
DONALD A. SCHMIDT,
Mayor
Executed on:
.2001
APPROVED BY THE CITY COUNCIL
OF THE CITY OF EDGEWATER AT A .
MEETING HELD ON TillS DAY
OF , 2001 UNDER
AGENDA ITEM NO.
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006.217374.2
EXHIBIT "A"
Lot 29, MENDALL HOMESTEAD, as per map in Map Book 3, Page 0073, Public Records
of Volusia County, Florida; and all of Block 2, ROSS & NEWELL, in MENDALL'S
HOMESTEAD, as per map in Map Book 8, Page 0053, Public Records of Volusia County,
Florida; also described as:
Lot 29, Mendalls Hawks Park, according to the plat thereof, as recorded in Plat Book 3, Page
73, and all of Block 2, (now vacated) Ross-Newell Subdivision, according to the plat thereof,
as recorded in Plat Book 8, Page 53, Public Records of V olusia County, Florida.
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EXHIBIT "B"
RELEASE
For ten ($10.00) dollars and other valuable considerations, the receipt and sufficiency of
which is hereby acknowledged, the undersigned DUSTIN'S BAR-B-Q, INC., a Florida
corporation ("Seller") does hereby forever remise, relinquish, discharge and release the CITY OF
EDGEW A TER, a Florida municipal corporation ("City"), from any and all claims for business
and other damages to any business currently or previously located upon that certain real property
located in Volusia County, Florida being conveyed from Seller to City of even date herewith (the
"Property") and/or adjoining lands owned or leased by Seller ("Adjoining Property"), which
damages arise out of or are in any way related to the purchase of the Property and related
improvements by the City pursuant to that certain Purchase Agreement by and between Seller and
City, dated _ day of , -2001.
IN WITNESS WHEREOF, the undersigned has caused this Release to be executed on
behalf of DUSTIN'S BAR-B-Q, INC., this _ day of , 2001.
Signed, sealed and delivered
in the presence of:
DUSTIN'S BAR-B-Q, INC., a Florida
corporation
By:
Name:
Title:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
as of DUSTIN'S BAR-B-Q, INC., a Florida corporation
and who 0 is personally known to me, or who 0 produced as
identification, and who acknowledged that he/she executed the foregoing instrument freely and
voluntarily for the uses and purposes expressed therein.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
, 2001.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
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THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
O Mayor Donald A. Schmidt
District 1 Councilman James P. Brown
District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth R. Hooper
City Attorney Scott A. Cookson
City Clerk Susan J. Wadsworth
Legal Assistant Robin L. Matusick
Asst. to City Mgr. Elizabeth J. McBride
. .,;'
INTER':OFFICRMEMORANDUM
EDGEW A TER, FLORIDA
'0,
TO:,,'
FROM:
C.M..NO: '
',DATE;
, 'SUBJECT: '
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,Mayor and '~ity Council, ; , ~~ ..;.~~
Ken Hooper, CitY Manager\~ " \,\l
2001-043
, JunelL 2001, , " " ,
, ,. Florida Inland Navigation District (FIND) Project
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The: Florid(i, Inlanq ,Navigatiol!: [}istrict '(FIND) !ind the City of Edg~y.,ater'have..joint1y , ~nd
, succes'sfullyl>een developing ari industriaJ.p~rkassoci~ted with'the Dis'trict?splans'fora coIltaimnerit ,',
site fo~ disposai of dredge material from the fudian:Rfv'er. ,The total site' (Phase n is approximately
231.5:t acres' with 90:t acres dedicated to the containment site. Approximately 141.5 acres are
available for industrial use.
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Infrastructure improvements and the containment site are under construction and the City is currently'
designing the necessary improvements for Phase II of the industrial project. Infrastructure
improvements including the containment sit~ are approximately $3.0 million and will be completed
by March 2002. The design of Phase II improvements will be completed by January 2002.
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The Florida Inland Navigation District Board of Directors have indicated, through Resolution 2001-
02, a finding that FIND declare the balance of Phase I surplus and seeks to relieve itself from
developing the industrial park. FIND has directed correspondence to Mayor Schmidt to determine
, if the City, is interested in,purchasing the balance of Phase I (141.5 acres) at the invested cost. David
Roach, exec~tive director of FIND, has indicated a willingness of the FIND Board to work with'the
Cityin see~~llg ac<?eptable."~4y.-o~t", c,<?nditi<ms. ',', " ,', '. " , ,
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FIND Project
June 11,2001
Page -2-
As you are aware, the City is coordinating with the County to create a Community Redevelopment
Agency (CRA) to create a financing mechanism for needed improvements and possible property
acquisition. I recommend City Council respond to Mr.. Roach and the FIND Board indicating a
desire to purchase the property and appoint a negotiating team of City Manager, Finance'Director
, and Legal Assistant to develop a purchase/sale agreement to be presented to the City Council after
,the sixty-~ay surplus property procedures, have been, completed. All documents will be
reviewed/prepared by'the City Attorney and FIND General Counsel.
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THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
Mayor Donald A. Schmidt
District 1 Councilman James P. Brown
O District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth R. Hooper
City Attorney Scott A. Cookson
City Clerk Susan J. Wadsworth
Legal Assistant Robin L. Matusick
Ass!. to City Mgr. Elizabeth J. McBride
June 19,2001
David Roach, Executive Director
Florida Inland Navigation District
1314 MarCinski Road .
Jupite~,FL, 33477-9498:"
Dear Mr. Roach:
,Re,: Surplus I,.and i~ .~ity of EdgewaterNolusia 'County'
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Thank you for your prompt. notification of Resolution Number 700 1 ~02 concerning the i~dustrial ';
,.park withinth~ City ofEdgew~ter. 'The City Council .voted on June '18; 2001, to authorize me to
, notify the "District"of the City's interest in purchasing t~e 141.5 a.cr~s'north ~f Pf1"k Avenue for a .
City-owned industrial park. City Council authorized'a City negotiating team of the City Manager,
Finance Director and, Legal As~istant to negotiate ~ri acceptable purchase/sale agreem~nt to be
presented to the respective Leg~slative Boards. . ~ "" " .: ' ,.., y : ^:' .
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Thank you for your consideration'andproinpt resp~mse..',.
Sincerely,
Donald A. Schmidt
Mayor
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OFFICE OF THE MA YOR ' ' '
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(386)424-2407 F~-(386)424-240~: ~ -
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HAVlGATION DlSTRCT
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COMMISSIONERS
TED B. MOORHEAD
CHAIR
BREVARD COUNTY
CHARLES R. FAULKNER
VICE-CHAIR
FLAGLER COUNTY
JO ANN ALLEN - KOFOED
SECRETARY
ST. LUCIE COUNTY
CATHLEEN C. VOGEL
TREASURER
MIAMI-DADE COUNTY
THOMAS P. JONES, JR.
DUVAL COUNTY
QGRAYCE K. BARCK
VOLUSIA COUNTY
JI.ANG SONG
PALM BEACH COUNTY
GAIL A. BYRD
MARTIN COUNTY
SUSAN M. ENGLE
BROWARD COUNTY
KENNETH F. HOFFMAN
INDIAN RIVER COUNTY
CHARLES A. PADERA
ST. JOHNS COUNTY
DAVID K. ROACH
EXECUTIVE DIRECTOR
MARK T. CROSLEY
ASSISTANT EXECUTIVE DIRECTOR
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May 24, 200 I
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Mr. Don Schmidt, Mayor
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
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Dear IvIr. Schmidt:
RE: Surplus Lands for Recreation and/or Conservation in V olusia
County
Attached is District Resolution No. 2001-02 which declares certain
property within V olusia County surplus and in accordance with
s.374.984(6)(g), FS. requires that this property be offered to your agency
for public outdoor recreation or conservation purposes. The size of the
surplus property is approximately 141.50 acres and I have attached
location and site maps. The property is offered for purchase at our
invested cost of $4,454, 138.00.
As we have discussed, the District is interested in selling this property to
the City for the industrial park development. That purchase agreement
would be negotiated after this surplus procedure has concluded in 60
days. Weare not anticipating that the State or the County will want to
purchase this property for outdoor recreation or conservation.
Please contact me should you have any questions concerning this matter.
7J;
David K. Roach
Executive Director
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9498 TELEPHONE 561-627'3386 FAX No. 561-624-6480
www.aicw.org
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RESOLUTION NO. 2001-02
A RESOLUTION OF THE BOARD OF COl\1MlSSIONERS
OF FLORIDA INLAND NAVIGATION DISTRICT, DECLARING
CERTAIN PROPERTY SURPLUS
WHEREAS, the Florida Inland Navigation District (the "District") is the owner of
certain property in V olusia County; and
WHEREAS, the District has determined that-certain of said property is not heeded
by the District and wishes to declare such land surplus pursuant to s.374.984(6)(g), F.S.;
and
WHEREAS, the land to be declared surplus is shown on the sketch attached as
Exhibit" A II hereto, and consists of approximately 141.50 acres.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the Florida
Inland Navigation District:
Section 1. The Board hereby declares surplus the property in V olusia County,
Florida, described in the attached Exhibit II A II (the "Property")
Section 2. Copies of this Resolution shall be furnished to the Secretary of the
Florida Department of Environmental Protection, the Chair of the Volusia County Council,
and the Mayor of the City of Edgewater. Should any of these entities desire to utilize the
Property for outdoor recreation or conservation purposes and the Secretary of the Florida
Department of Environmental Protection finds the Property is required by the State,
County or City for its recreation or conservation program, said entity shall notify the
District in writing within sixty (60) days after receiving a copy of this Resolution. The
Property will then be conveyed for the consideration of $4,454, 138.00 (representing the
District's costs involved with the Property, a portion of which is currently under
construction with utilities being installed) to the appropriate State agency, V olusia County,
or the City of Edgewater by the District, provided that said land be used for outdoor
recreation or conservation purpose in perpetuity by the receiving governmental entity.
Section 3. This Resolution shall become effective upon adoption.
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Upon motion by Commissioner \t o~ c-\ , and seconded by Commissioner
<6 f.1-re-..~ , the Board approved the Resolution as follows:
Thomas P . Jones
Charles A. Padera
Charles R. Faulkner
Grayce K. Barck
Ted B. Moorhead
Kenneth F. Hoffman
Jo Ann Allen-Kofoed
Gail A. Byrd
Ji-Ang Song
Susan M. Engle
Cathleen C. Vogel
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The Chairman thereupon declared the resolution duly passed and adopted this I 8" +-~
day of VV\.PM , 2001.
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: ~l,-~~ ~ SL-1\r1jJ:f
Thomas A. Sheehan, III
Attorney for Florida Inland
Navigation District
FLORIDA INLAl\T}) NA VIGA TION
DISTRICT
I:IFIND\DA Y1DIFINDIlA "D'.PROPMGMT\LAN DMGIofT\ VOLUSIA \ V -261200 I IRESOLllTlON 3J01 ~I.OOC
Exhibit A
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THE CITY OF EDGE WATER
POST OFFICE BOX IOO-EDGEWATER, FLORIDA 32132-0100
OMayor Donald A. Schmidt
District 1 Councilman James P. Brown
District 2 Councilman Dennis A, Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
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TO:
FROM:
C:M. NO:
DATE:
SUBJECT:
City Manager Kenneth R, Hooper
City Attomey Scott A. Cookson
City Clerk Susan J, Wadsworth
Legal Assistant Robin L. Matusick
Ass!. to City Mgr. Elizabeth J. McBride
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INTER-OFFICE 'MEMORANDUM
EDGEW A TER, FLORID~ '. >
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, Mayo~ and City Counc~l. , , " ,'0 " ; __
-Ken Ho()per, City MaIiager~~\~,'\T ,.
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" Economic Development Proposal,(Tim Howard)
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The City of Edgewater,has 'r~ceived a unique proposal, from Mr. Tirq,Howard, manager of Edge water " '.
Lak~s P,arth~rs LLC concemil1g.the,acquisi~i6n and develop~ent of ap~r.oJSimately sixty-four (64) ,
waterfront acres south"of the City.' The proposed site is the 64-acre parcel purch'ased (June 1998) .
"by V olusia County for h mari~e~indu~tiia.l p;u.k.~In~obrid'figUr~s', ~he Co~n'ty purch~ed. the propeftY
for approximately $2.3 'million and invested $700,000 for completion ofa seawall 'and property
cleanup.
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Mr. Howard proposes to enter into a public/private agreement with the City to acquire the property
from V olusia County and assign the Purchase/Sale Agreement to Edgewater Lakes Partners for a
closing at an approximate purchase price of $3.0 million. Edgewater Lakes Partners propose to
annex the property into Edgewater and develop the property as a mixed use, upper scale, residential
project. Terms and conditions of the proposed Purchase/Sale Agreement would allow up to a one-
year due diligence period for Edgewater Lakes Partners to determine permitting and design
feasibility. The City and Edgewater Lakes Partners would not be "at-risk" to close on the property
if any problems are detected. The City would not have any public funds at risk.
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Benefits to the City i,nclude:
· ' annexation of approximateIy64 acres
· pr<?perty and infrastruc~ure value added ,to City's tax base :t $8,000,000
· -' :'-~mprov,ement~ ?dded't? Glty;s tax,bas~ (residenti'at'units)'$30,ObO,ooo
· " ,'impa<:t fees to City,(water, sewer,-parks, fire, police) $1,iOO;ooo" '
· ,- s~pp.orts,cither c<?~~~rcial ~:evelo~mel1t iri'South~ast V~lusia, ,~. ,
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Economic Development Proposal
June 11, 2001
Page -2-
Requirements of City:
· additional municipal services (fire, police)
· water service to 304 new residential units
· sewer service is wholesale through City to Volusia County
In summary,. this adds balance to the City's expanding economic development program. To date
most of oUf efforts have bee~ to provide infrastructure, to encourage commercial/industrial
development along the Park Avenue corridor. This will add up-scale "roof tops': in southern service
. enc~uragi~g'the need for retai~shopring, restaurants and support.i~g co~m~rcia1 development. "
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Action Requested:
Authorizati~n: for, 'City staf( to initiate,. negotiations with Volusia County' for an assignable.'
Puichase/Sa}e.Agreeme~twith'an up to one:'year due diligence period ala price ofapproximateIy:
$3;0 million. :/ ", , ',. ',- -,
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Note:,: .For ycmr revi~w, the conceptuai site plan for t,his area is.1ocated on Liz's ,desk.
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EDGEWATER LAKES PARTNERS,
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P.o. BOX 691
EDGEWATER, FLORIDA 32132
May 21, 2001
Mr. Kenneth R. Hooper, City Manager
City of Edgewater
1 04 N. Riverside Drive
Edgewater, Florida 32132
Re: Letter of Intent regarding Purchase of 60 +/- acre former Pre-Stressed Concrete
Site, US# 1, Edgewater, Florida
Dear Mr. Hooper:
On behalf of Edgewater L~kes Partners, LLC, we propose to purchase the above
referenced former Consolidated Pre-Stress Concrete Plant site consisting of
approximately sixty (60) acres running east from US #1 to the Intracoastal Waterway
("Land") under the following terms and conditions:
SELLER:
The City of Edgewater, Florida, a municipal corporation
BUYER:
Edgewater Lakes Partners, LLC
PROPERTY:
60 +/- acres known as the Pre-Stressed Concrete Site
Attached Legal Description
PURCHASE PRICE:
Three Million Dollars ($ 3,000,000.00)
TERMS:
Three Million Dollars ($ 3,000,000.00) Cash paid at
Closing.
DEPOSIT:
$ 10,000.00 to be paid on the effective date of the
contract, to be nonrefundable two hundred and
seventy (270) days after the effective date. An
additional nonrefundable $ 90,000.00 to be paid
two hundred and (270) days after the effective date
if there is no cancellation of the contract.
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Mr. Kenneth R. Hooper 5/21/2001
Page Two
SURVEY:
To be completed prior to closing at Buyer's expense
TITLE INSURANCE:
Title commitment from a title agent selected by Seller
to be delivered within 60 days after effective date at
Seller's expense.
EXPENSES:
Seller to pay documentary stamp tax on deed, the
cost of any corrective instruments for title and its
legal fees. Buyer to pay for survey, recording fees,
studies, reports, drawings, applications, financing
costs, documentary stamps and intangible tax for
financing and its legal fees.
PERMITS:
Seller to cooperate and assist Buyer, at Buyer's
expense, in the preparation and application for required
permits and approvals from the various Federal, State
and Municipal entities for the proposed development.
INSPECTION PERIOD:
Two Hundred and Seventy (270) days commencing
from the effective date, during which time the contract
can be terminated by Buyer in its sole discretion with
refund of the deposit.
USE:
A Residential Water Oriented Gated Community
DRAWINGS & DATA:
All surveys, appraisals, traffic reports, marketing
studies, environmental reports (sensitive lands and
hazardous substances), engineering drawings,
development plans, restrictive covenants,
easements, previous permits and any other pertinent
data that Seller has available, or has access to, shall
be delivered to Buyer within ten (10) days of the
effective date of this contract.
DEVELOPMENT RIGHTS:
Seller to convey, or cause to be conveyed, any and all
previously existing development rights, including utility
reservations, impact fees, deposits, prepaid fees, etc.
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Mr. Kenneth R. Hooper 5/21/2001
Page Three
ACCESS:
Buyer to have unrestricted access to Property before
closing and with obligation to restore. During Inspection
Period Buyer may maintain signage and other pre-
development sales related activities.
CLOSING:
Sixty (60) days after receipt of approvals from the City
of Edgewater for the annexation and rezoning of the
property to a RPUD consisting of approximately 315
dwelling units.
EXTENSION:
Ninety (90) days if governmental approvals are not
obtained within Two Hundred and Seventy (270) days
after using due diligence and upon payment of
$ 100,000.00 to be paid Two Hundred and Seventy
(270) days after the effective date.
0 ASSIGNMENT: Buyer to have unrestricted right of assignment to an
entity in which Buyer has substantial involvement,
or another development entity.
BROKER: The Parties agree and acknowledge that they are
acting as Principals and there are not brokers or other
consultants involved in this contemplated transaction.
MEMO OF CONTRACT: After the expiration of the Inspection Period, Buyer
may record a Memorandum of Contract, subject to
approval of Buyer's and Seller's attorneys.
REPS & WARRANTIES: Seller to give standard representations and warranties.
CONFIDENTIALITY: Seller shall hold all negotiations and the terms of the
contract confidential and shall not market the
Property while negotiations and the contract are
pending, except that Seller may take backup offers
until the inspection period had expired.
0 CONTRACT PREP: Buyer prefers to prepare contract offer.
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Mr. Kenneth R. Hooper 5/21/2001
Page Four
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This Letter of Intent sets forth some basic terms of this potential transaction. This
Letter of Intent is neither intended nor should it be construed as an "offer". It is intended
as an invitation to discuss terms and conditions of a real estate transaction. This Letter
of Intent is not contractually binding on the parties and is only an expression of interest
that must be incorporated intQ a formal written agreement in form and content
satisfactory to each party and its counsel in their sole discretion to be binding on the
parties. This Letter of Intent does not obligate either party to negotiate in good faith or to
proceed to the completion of fin agreement. Until such time as a written contract is
agreed upon, prepared and executed, the parties agree that nothing contained in this
Letter of Intent or any related oral discussions shall be the basis for creating legally
binding rights or obligations on either party or can seNe as the basis for litigation.
Notwithstanding the above, the parties agree that the CONFIDENTIALITY terms are the
only terms binding on the pa~ies upon signing this Letter of Intent.
We look forward to working with you to proceed quickly to the preparation of a legally
binding written contract to implement our intentions. This Letter of Intent is withdrawn if
we do not receive your signature on this letter by June 15, 2001 or at any earlier time
either party may determine. Additionally this Letter of Intent is null and void if a definitive
agreement is not signed by' July 20, 2001.
VerY truly yours,
Edgewater Lakes Partners, LLC
jf~
Thomas E. Howard
Manager
Read, Acknowledged and Agreed to:
CITY OF EDGEWA TER
o By:
Dated :