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2010-R-07RESOLUTION NO.2010-R-07 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA; PERMITTING THE USE OF DREDGED MATERIAL FROM THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) AS AN INCENTIVE TO ATTRACT FUTURE DEVELOPMENT WITHIN PARKTOWNE INDUSTRIAL PARK BY PLEDGING THE MATERIAL BASED ON JOB CREATION; PROVIDING FOR CONFLICTING PROVISIONS, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City Council of the City of Edgewater has an interest of attracting development within the ParkTowne Industrial Park that will encourage local employment opportunities for the residents of the City; and WHEREAS, the City Council has determined that the utilization of dredged material from the Florida Inland Navigation District (FIND) site for the construction of public roadway and lot development within ParkTowne Industrial Park that will provide for local employment opportunities is in the public interest; and WHEREAS, the Mayor has executed an agreement with FIND on January 25, 2010 for the use of the dredged material from the FIND site for the construction of public roadway and lot development within ParkTowne Industrial Park; and WHEREAS, the City Council has established procedures whereas the dredged material can be offered to property owners within ParkTowne Industrial Park for future public roadway and lot development based on the number of Full Time Equivalent (FTE) jobs created at the completion of the project. NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater, Florida: Section 1. The City Council of the City of Edgewater declares that the procedures set forth herein, attached hereto and incorporated by reference herein as Exhibit "A", is applicable for the offering of dredge material based on future employment opportunities within ParkTowne Industrial Park. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This resolution shall take effect upon adoption. 2010-R-07 C After Motion to approve by with Second by{lre vote on this resolution held on April 19, 2010, was as follows: AYE NAY Mayor Mike Thomas X_ Councilwoman Debra J. Rogers x Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper PASSED AND DULY ADOPTED this 19th day of April, 2010. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA `ia[ ayn.lA..1 t � o rI9� ABBonnieBonnie W� e Tho as City Clerk Mayor d";: For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of April, 2010 under Agenda Item No. 8 C . 2010-R-07 Exhibit "A" 1. Full Time Equivalent (FTE) job creation is considered to be jobs offered at 32-hours or greater in a one week period. 2. FTE created jobs receiving the fill material credit must be retained for a 12 month period. 3. Applicants must execute an agreement with the City of Edgewater describing the jobs created and agree to reimbursement, at present time prevailing rate, if the jobs are released within the 12 month period. 4. Applicants must execute Hold -Harmless and Liability Release Agreements with the City of Edgewater prior to any authorization of excavation. 5. Contractors and/or sub -contractors shall have public liability and workmen's compensation insurance of not less than one million dollars ($1,000,000.00) prior to any excavation of fill material. 6. Applicant will be responsible for any disclosure of tax requirement affiliated with the receipt of the offered fill material. 7. Applicant is responsible for their own excavation and hauling. 8. All work will comply with an approved "Excavation and Removal Plan", as approved by the City, prior to any excavation. 9. No work will commence on the Florida Inland Navigation District (FIND) site prior to receiving an "Authorization to Commence Excavation" notice from the City of Edgewater. 10. Fill material offered based on job creation will be based on 750 cubic yards of fill material for every FTE job created. 11. The City does not guarantee the quality of the fill and the applicant is responsible to determining the ability of compaction ratings. 2010-R-07