04-19-2004
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Voting Order
Councilman Brown
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
Mayor Schmidt
AGENDA
CITY COUNCIL OF EDGEW ATER
REGULAR MEETING
April 19, 2004
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TESIDONA TIONS
A. Recognition of appointed/reappointed Board/Committee members.
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
A. Public Hearing, Coral Trace, LLC, requesting Preliminary Plat approval for
a 200-unit subdivision to be known as Coral Trace.
B. 2nd Reading, Ord. No. 2004-0-16, City ofEdgewaterrequesting amending the
Official Zoning Map to include 38:t. acres of property located north of3315
SR442 as P/SP (Public/Semi-Public).
C. 2nd Reading, Ord. No. 2004-0-17, City of Edge water requesting amending the
Official Zoning Map to include 85.39::!: acres of property located at 940 10th
Street as P /SP (Public/Semi-Public).
D. 2nd Reading, Ord. No. 2004-0-18, City ofEdgewaterrequesting amending the
Official Zoning Map to include 21. 79:t. acres of property located along Flying
M Court within the Massey Ranch Airpark Subdivision at RT (Rural
Transitional).
E. 2nd Reading, Ord. No. 2004-0-19, amending Chapter 21 (Land Development
Code) by enacting Article XVIII (Indian River Boulevard - SR442 Corridor
Design Regulations).
F. pt Reading, Ord. No. 2004-0-21, Edgewater Harbor, Inc. requesting an
Official Zoning Map amendment from Volusia County I-3W (Waterfront
Industrial) to City RPUD (Residential Planned Unit Development) for
approximately 60 acres of property located at 4115 S. US 1.
7. BOARD APPOINTMENTS
A. Firefighters' Pension Fund Board - Mayor Schmidt's nomination to fill a
vacated seat due to an expired term (for a 2-year term).
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City Council Agenda
April 19, 2004
Page -2-
8. CONSENT AGENDA
All matters listed under the consent agenda are considered to be routine by the City Council
and will be acted upon by one motion. There will be no separate discussion of these items
unless discussion is desired by a member of the Council, in which case the Mayor will
remove that item from the consent agenda and such item will be considered separately.
A. FDOT I-95 Resurfacing Proiect - staff recommending approval to authorize
the Mayor/City Manager to execute a DesignlBuild Utility Agreement with
FDOT for 1-95 resurfacing of20.6 miles.
B. ICMA Retirement Corporation Agreement - staffrecommending approval of
an amendment to the Agreement adding a Roth IRA payroll option effective
May 1, 2004, and authorize the City Manager to execute the Agreement.
C. Engineering Services - staff recommending approval of Addendum #1 to the
Continuing Services Agreement between the City of Edgewater and
Honeycutt & Associates, Inc. and authorize the City Manager to execute the
Agreement.
9. OTHER BUSINESS
A New Police/Fire Public Safety Facility- staff recommending approval of
proposal by DJdesign, Inc. for Preliminary Design and Cost Analysis Study
for ajoint PolicelFire Public Safety Facility for an estimated sum of$14,000.
B. Upgrade Existing HTE Computer System - staff recommending approval of
a Supplement to the original agreement and authorize the Mayor to execute
the agreement in the amount of$164,791.55.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is before
Council. Please state your name and address, and please limit your comments to five
minutes or less.
2) All items for inclusion on the May 3, 2004, agenda must be received by the City Manager's
office no later than 4:30 p.m. Monday, April 26, 2004.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or
hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does
not prepare or provide such record
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact
City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2407, 5 days prior to the meeting date. If you
are hearing or voice impaired, contact the relay operator at 1-800-955-8771.
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AGENDA REQUEST
Date: April 6. 2004
PUBLIC
HEARING
Aoril19.2004
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Coral Trace, LLC, requesting Preliminary Plat approval for a 200-unit subdivision to be known as Coral Trace.
PROPOSED USE: Single Family Residential Subdivision to be known as Coral Trace (200 single family units).
LOCATION: North ofS.R. 442, west of Lybrand Avenue (PID # 8438-02-00-0130)
AREA: 63.69:l:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Mixed Use with Conservation Overlay
ZONING DISTRICT: RPUD (Residential Planned Unit Development)
VOTING DISTRICT: 2
SURROUNDING AREA
Currellt Lalld Use FLUM Desif!llatioll ZOllillf! District
North Mobile Home, Vacant Volusia County - Low Impact Volusia County - A-3
Urban (Transitional Agriculture)
East Mobile Home Park, Volusia County - Low Impact Volusia County - MH-5
Single Family Residential, Urban (Urban Mobile Home), A-3
Vacant (Transitional Agriculture)
South Vacant Mixed Use Volusia County - A-3
(Transitional Agriculture)
West Single Family Residential, Volusia County - Low Impact Volusia County - B-6
Vacant Urban, Rural (Highway Interchange
Commercial)
SD-0305 - Coral Trace
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Background: This parcel is located north ofS.R. 442, west of Lybrand Avenue and east ofI-95. The applicant
proposes a 200 lot sing]e-family home gated subdivision on this site. The adjacent parcel to the south of this project,
which has frontage along SR 442 shall be developed as commercial and consistent with the Indian River
Boulevard/SR 442 Corridor Design Regulations. City Council approved the Future Land Use amendment on
December 18,200] and the rezoning of this property on October 20,2003.
Land Use Compatibility: The proposed use of single-family homes is compatible with the Mixed Use Future Land
Use designation.
Adequate Public Facilities: This site will have access to S.R. 442 via a proposed access easement across the parcel
to the south. The extension of water and sewer facilities to this site is currently in the construction phase. A traffic
impact analysis addressing any possible road improvements (turn lanes, deceleration lanes, etc.) must be approved
prior to construction plan approval. All interior streets within the development shall be private and maintained by
the Homeowners Association. Easements shall be provided to the City for utility maintenance purposes.
The Volusia County School Board has been notified of the proposed development for a school impact review per the
Interlocal Agreement adopted March 3, 2003.
Natural Environment: Due to the Conservation Overlay associated with this site an Environmental Assessment
must be completed and approved prior to construction plan approval and satisfy all standards set forth in the
Comprehensive Plan and Land Development Code.
Consistency with Comprehensive Plan: The RPUD zoning classification is compatible with the Future Land Use
designation of Mixed Use and provides consistency with Policy 1.1.9 of the Future Land Use Element of the City of
Edgewater Comprehensive Plan.
Other Matters: The final plat will be brought before the Planning and Zoning Board for recommendation to City
Council at a later date.
STAFF RECOMMENDATION
Staff recommends approval of the Preliminary Plat for a 200-unit subdivision to be known as Coral Trace and located
north of S.R. 442, west of Lybrand A venue.
ACTION
Motion to approve the Preliminary Plat for a 200-unit subdivision to be known as Coral Trace and located north of S.R.
442, west of Lybrand Avenue.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
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DATE:
AGENDA ITEM NO.
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Robin Matusick ~
Paralegal
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Kenneth R. Hooper \ \
City Manager
5D-0305 - Coral Trace
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AGENDA REQUEST
Date: April 6, 2004
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE April 19, 2004
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
2nd Reading - Ordinance No. 2004-0-16
City of Edgewater requesting an amendment to
the Official Zoning Map to include 38:i: acres of
property located north of 3315 S.R. 442 as P/SP
(Public/Semi-Public).
APPLICANT/OWNER: City of Edgewater
PROPOSED USE OF PROPERTY: This parcel was purchased by the City for a potential increase in its
wellfield area for potable water.
LOCATION: West of the FEC Railway and north of the City Water Plant located on S.R. 442 (PID#
8405-00-00-0040)
AREA: 38:i: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Public/Semi-Public with Conservation Overlay
ZONING DISTRICT: Volusia County A-2 (Rural Agriculture)
VOTING DISTRICT: 2
SURROUNDING AREA
Current Land Use FLUM Designation Zoning Designation
Vacant V olusia County - Rural Volusia County A-2 (Rural Agriculture)
North
FEC Railway Volusia County - Rural Volusia County A-2 (Rural Agriculture)
East
City Water Plant Public/Semi-Public Volusia County A-2 (Rural Agriculture)
South
Vacant V olusia County - Rural Volusia County A-2 (Rural Agriculture)
West
RZ-0203 - Wellfield
Created by bonnie
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BACKGROUND: This parcel was annexed into the City in February 2000. This parcel was purchased by the
City to increase its wellfield area for potable water. The property also provides a buffer to existing wellfields 0
for protection from any encroaching future development.
On March 10, 2004 the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City
Council for the rezoning request.
City Council voted to approve the Zoning Map amendment at first reading on April 5,2004.
LAND USE COMPATIBILITY: This site is adjacent to the City's water plant and is compatible with the
surrounding vacant properties.
ADEQUATE PUBLIC FACILITIES: There is no proposed development to require the need for
public facilities on this site.
CONSISTENCY WITH COMPREHENSIVE PLAN: Amending the Official Zoning Map to include this
property is consistent with the Goals, Policies, and Objectives of the Comprehensive Plan.
OTHER MATTERS: There are no other matters known associated with this site.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2004-0-16, for the Official Zoning Map amendment of 38:1:
acres of property located north of3315 S.R. 442, to P/SP (Public/Semi-Public).
ACTION REQUESTED 0
Motion to approve Ordinance No. 2004-0-16, for the Official Zoning Map amendment of 38:1: acres of
property located north of 3315 S.R. 442, to P/SP (Public/Semi-Public).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: 4-5-04
AGENDA ITEM NO. 6D
Respectfully Submitted By:
G\rh~;"-~ Y..~~.5~. \\oo'\'^- _
Robin Matusick Kenneth R. Hooper \:)'\ ~
Paralegal City Manager \ 0
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RZ-0203 - Wellfield
Created by bonnie
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ORDINANCE NO. 2004-0-16
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRlCUL TURE) TO CITY P/SP (PUBLIC/SEMI-PUBLIC)
FOR PROPERTY LOCATED NORTH OF3315 STATE ROAD
#442 (PARCEL IDENTIFICA TION #8405-00-00-0040),
EDGEW ATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater is the owner of certain real property located north of 3315
State Road #442, Edgewater, Florida (future Wellfields). Subject property contains approximately
38:t. acres more or less.
2.
The owners/applicants have submitted an application for a change in zoning
classification from County A-2 (Rural Agriculture) to City P/SP (Public/Semi-Public) for the
property described herein.
3. On March 10, 2004, the Local Planning Agency (Planning and Zoning Board)
. considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On April 5, 2004, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
March 26, 2004.
StI l1ck th.ol1gl. passages are deleted.
Underlined passages are added.
2004-0-16
I
5. On April 19, 2004, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on April 7,2004, and notifying by mail all property
owners who own real property directly affected by the proposed action and all property owners who
own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10.
The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OFCERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
A-2 (Rural Agriculture) to City P/SP (Public/Semi-Public):
The following described real property all lying and being in the County of Vol usia
StltlGk tl'llotlgh passages are deleted.
Underlined passages are added.
2004-0-16
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and State of Florida:
That part of U. S. Lots 2 and 3, lying Westerly of the Florida East Coast Branch
Railway, Section 5, Township 18 South, Range 34 East, Volusia County, Florida.
Containing approximately 38::t acres.
(Parcel #8405-00-00-0040)
Map of subj ect property is reflected on Exhibit" A" and incorporated herein.
PARTB.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW ATER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edgewater, Florida, to reflect the change in zoning classification for the above described
property.
PART C.
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 D.
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 E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
StI tick tIll c,t1g1. passages are deleted.
Underlined passages are added.
2004-0-16
3
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading ofthis ordinance held on April 5, 2004, was as follows:
AYE
Mayor Donald A. Schmidt
x
Councilman James P. Brown
ABSENT
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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 Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
8t1 t1,-k rid o"gh passages are deleted.
Underlined passages are added.
2004-0-16
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NAY
NAY
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PASSED AND DULY ADOPTED this 19th day of April, 2004.
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
Stl Lick ti,l ot'l~h passages are deleted.
Underlined passages are added.
2004-0-16
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of April, 2004 under Agenda Item No. 6_.
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AGENDA REQUEST
Date: April 6. 2004
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE April 19. 2004
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
2nd Reading - Ordinance No. 2004-0-17
City of Edgewater requesting an amendment to the Official
Zoning Map to include 85.39::1: acres of property located at 940
lOth Street, as P/SP (Public/Semi-Public)
PROPOSED USE OF PROPERTY: Daytona Beach Community College campus.
LOCATION:' 940 Tenth Street. (PID# 7430-00-00-0100)
AREA: 85.39 Acres
CURRENT LAND USE: The parcel is partially developed as a college campus, Daytona Beach Community
College, with accessory uses.
FLUM DESIGNATION: Public/Semi-Public with Conservation Overlay
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ZONING DISTRICT: Volusia County R-3 (Urban Single Family Residential)
VOTING DISTRICT: I
SURROUNDING AREA
Current Land Use FLUM Designation Zoning Designation
North Multi-Family Residential and Vacant City of New Smyrna Beach- NSB- RPUD (Residential
High Density Residential and Planned Unit Development), R-
Medium Density Residential 2A (Detached and Attached) and
R-4 (Multifamily)
East Vacant Industrial IPUD (Industrial Planned Unit
Development)
South Vacant Industrial and Volusia County IPUD (Industrial Planned Unit
Urban Low Intensity Development) and Volusia
County R-3 (Urban Single Family
Residential)
West Vacant and Residential Volusia County - Urban Low Volusia County R-3 (Urban
Intensity, City - Low Density Single Family Residential)
Residential with Conservation
Overlay
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Background: The Future Land Use Map amendment was completed for this parcel in December 2001. The
college structure was originally constructed in 1988. There are several accessory structures for the campus also on-
site.
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On March 10, 2004 the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council
for the rezoning request.
City Council voted to approve the Zoning Map amendment at first reading on April 5, 2004.
Land Use Compatibility: There are no land use compatibility issues since the use of the property is for a
educational facilities. To the north of the campus an apartment complex is under construction and to the northwest
the V olusia County School Board has purchased the property and has begun construction of a new high school.
There is a large buffer of vacant/undeveloped property between the current college and the single-family residential
land to the west.
Adequate Public Facilities: The site has water and sewer infrastructure in place. There is also adequate access
from lOth Street. There is no proposed change that would increase the level of service demand at this time.
Natural Environment: The parcel is largely undeveloped, with the Daytona Beach Community College campus
occupying the northeast portion of the site. The existing natural communities have been previously impacted by
clearing and by extreme fire conditions and include scrubby flatwoods, longleaf/slash pine flatwoods, mesic
flatwoods, wet prairie and mixed forested wetlands. The flatwoods and scrubby flatwoods communities have a low
potential for occurrence of gopher tortoise. The Florida Fish and Wildlife Conservation Commission has recorded
the presence of an abandoned nest of a bald eagle along the western boundary of this parcel. This nest has not
recorded activity since 1996 and only limited management considerations would be required by the FFWCC to
further develop this site. The soil suitability is classified as having medium potential for community development.
Consistency with Comprehensive Plan: Any proposed expansion ofthis college site would be consistent within 0
the City's infill objectives and further the Goals, Objectives, and Policies in the Comprehensive Plan.
Other Matters: There are no other matters associated with this property.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2004-0-17 for the Official Zoning Map Amendment to include 85.39:1:
acres of property located at 940 lOth Street (DBCC) as P/SP (Public/Semi-Public).
ACTION REOUESTED
Motion to approve Ordinance No. 2004-0-17 for the Official Zoning Map Amendment to include 85.39:1: acres of
property located at 940 lOth Street (DBCC) as P/SP (Public/Semi-Public).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DA TE: 4-5-04
AGENDA ITEM NO.
6E
Respectfully Submitted By:
\~~\\.\t\:\~..~,
Kenneth R. Hooper "\ '\.:" ~ 0
City Manager \ 0
dbcc rezoning
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ORDINANCE NO. 2004-0-17
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AN, ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE
FAMILY RESIDENTIAL) TO CITY P/SP (PUBLIC/SEMI-
PUBLIC) FOR PROPERTY LOCATED AT 940 10TH STREET
(PARCEL IDENTIFICATION #7430-00-00-0100), NEW
SMYRNA BEACH, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW ATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater is requesting rezoning of the subject property in an effort of
consistency with our comprehensive plan. Daytona Beach Community College is the owner ofthat
certain real property located at 940 10th Street, New Smyrna Beach, Florida. Subject property
\.) contains approximately 85.39::t. acres more or less.
2. Pursuant to the City of Edgewater Land Development Code, the request will result
in a change of zoning classification from County R-3 (Urban Single Family Residential) to City P/SP
(Public/Semi-Public) for the property described herein.
3. On March 10, 2004, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On April 5, 2004, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
81. uGk till Ol1gJ. passages are deleted.
Underlined passages are added.
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2004-0-17
1
March 26, 2004.
5. On April 19, 2004, the City Council held a public hearing on the application after
publishing notice 0 f such hearing in the Observer on April 7, 2004, and notifying by mail all property
owners who own real property directly affected by the proposed action and all property owners who
own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9.
Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW ATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
R-3 (Urban Single Family Residential) to City P/SP (Public/Semi-Public):
Stl t.c.k tluoygh passages are deleted.
Underlined passages are added.
2004-0-17
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The following described real property all lying and being in the County of Vol usia
and State of Florida:
Government Lots 4 & 5, in Section 30, Township 17 South, Range 34 East, excepting
that part of Lot 5 previously conveyed by deed recorded in Deed Book 576, Page 233,
Public Records of Vol usia County, Florida, described as follows:
Commence at the Northwest comer of US Lot 5, Section 30, Township 17 South,
Range 34 East; thence South on the West line of said Lot 5, 260.5 feet for the Point
of Beg inning; thence South on said West line of Lot 5, 1,059.5 feet to the Southwest
comer of said Lot 5; thence East on South line of Lot 5, 406.7 feet, thence North 210
West, 1,134.9 feet to the Point of Beginning.
Containing approximately 85.39:t acres.
(Parcel #7430-00-00-0100)
Map of subject property is reflected on Exhibit" A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, Florida, to reflect the change in zoning classification for the above described
property.
PART C.
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 D.
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
St,ud,. th,ou5h passages are deleted.
Underlined passages are added.
2004-0-17
3
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on April 5, 2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
-1L
Councilman James P. Brown
ABSENT
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
Stll:lck tillou~l passages are deleted.
Underlined passages are added.
2004-0-17
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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 Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 19th day of April, 2004.
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
Stltl~k t1UOtlgl. passages are deleted.
Underlined passages are added.
2004-0-17
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of April, 2004 under Agenda Item No. 6_,
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AGENDA REQUEST
Date: April 6. 2004
PUBLIC
HEARING
ORDINANCE April 19, 2004
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
2nd Reading Ordinance No. 2004-0-18
City of Edgewater requesting an amendment to the Official
Zoning Map to include 21.79:1::. acres of property located along
Flying M Court within the Massey Ranch Airpark Subdivision
as RT (Rural Transitional).
PROPOSED USE: Single Family Residential
OWNER/LOCA TION/PID#
John S. Massey /1000 Flying M Court / 7432-11-00-0120
Kevin John Black / 100 I Flying M Court /7432-11-00-0110
Thomas 1. & Shelley G. Whitmire / 1004 Flying M Court / 7432-11-00-0130
Jerome R. & Carole A. Kulesia / 1005 Flying M Court / 7432-11-00-0 I 00
Douglas L. Poling / 1009 Flying M Court /7432-11-00-0090
John E. Alden /1012 Flying M Court / 7432-11-00-0150
Richard 1. & Gina A. Bennert / 1013 Flying M Court / 7432-11-00-0080
James V. & Cynthia B.Russell /1016 Flying M Court /7432-11-00-0160
Massey Development Corp / 1017 & 1040 Flying M Court / 7432-11-00-0070 & 7432-11-00-0220
Steven R. & Barbara S. Bacorn / 1021 Flying M Court / 7432-11-00-0060
Larry G. & Sherry Cote-Jarvis / 1025 Flying M Court / 7432-11-00-0050
David R. & Marguerite Cummock / 1028 Flying M Court /7432-11-00-0190
John D. Murray / 1029 Flying M Court /7432-11-00-0040
Austin D. & Janice C. Nixon /1033 Flying M Court / 7432-11-00-0030
Patrick A. Donnelly / 1032 & 1036 Flying M Court / 7432-11-00-0200 & 7432-11-00-0210
Charles A. Gehrmann / 1037 Flying M Court /7432-11-00-0020
Vaughn W. & Gayel M. Crile / 1041 Flying M Court / 7432-11-00-0010
AREA: 21.79:1::. acres
CURRENT LAND USE: Single Family Residential and vacant
FLUM DESIGNATION: Low Density Transition with Conservation Overlay.
ZONING DISTRICT: Volusia County A-3 (Transitional Agriculture)
VOTING DISTRICT: 1
RZ-0100(d) Flying M Court
SURROUNDING AREA
Current Land Use FLUM Desifmation Zoning District
North Single Family Residential Low Density Residential with R-3 (Single Family
and Vacant Conservation Overlay and V olusia Residential) and Volusia
County Rural County MH-4 (Rural Mobile
Home)
East Vacant Low Density Residential with AG (Agriculture)
Conservation Overlay
South Vacant Low Density Residential with Volusia County A-2 (Rural
Conservation Overlay Agriculture)
West Vacant Low Density Residential with Volusia County A-2 (Rural
Conservation Overlay Agriculture)
Background: These properties are located on Flying M Court and east of Massey Ranch Boulevard. Council adopted
the Comprehensive Plan Future Land Use Map amendment on December 18, 2001. Staff is now in the process of
rezoning the parcels which had amended Future Land Use designations. These parcels have access to a taxiway for
Massey Ranch Airpark usage. The residences in this development generally have accessory use aircraft hangars. This
subdivision was developed under Volusia County regulations and approved by the County on September 10, 1992.
On March 10, 2004 the Planning and Zoning Board voted 6-0 to send favorable recommendation to City Council for the
rezoning request.
City Council voted to approve the Zoning Map amendment at first reading on April 5, 2005.
Land Use Compatibility: The proposed zoning designation is compatible with the surrounding area of residential uses.
Adequate Public Facilities: This site has access to Park Avenue via Flying M Court and Massey Ranch Boulevard.
City water and sewer is available to these properties. Development ofthese parcels shall not exceed any level of service
standards.
Other Matters: All parcels within this subdivision are being rezoned to RT at this time, with the exception of three (3)
parcels. Two (2) of these parcels were annexed in 2001and the appropriate map amendments were completed at that
time. The third parcel has yet to be annexed into the City.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2004-0-18 for the Official Zoning Map Amendment to include 21.79:f:
acres of property located along Flying M Court in Massey Ranch Airpark as RT (Rural Transitional).
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-18 for the Official Zoning Map Amendment to include 21. 79:f: acres of
property located along Flying M Court in Massey Ranch Airpark as RT (Rural Transitional).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: 4-5-04
AGENDA ITEM NO.
6F
Respectfully Submitted By:
Darren Lear
Chief Planner
~rjCU... \(~h-L~ \\o~~ ~\D'
Robin Matusick Kenneth R. Hooper - \ \
Paralegal City Manager
RZ-OIOO(d) Flying M Court
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ORDINANCE NO. 2004-0-18
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL)
FOR PROPERTY LOCATED ON FLYING M COURT,
EDGEW ATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW ATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater is requesting certain property located on Flying M Court be
rezoned in an effort of consistency with our comprehensive plan. John S. Massey (1000 Flying M
Court), Kevin John Black (1001 Flying M Court), Thomas 1. and ShelleyG. Whitmire (1004 Flying
M Court), Jerome R. and Carole A. Kulesia (1005 Flying M Court), Douglas L. Poling (1009 Flying
M Court), John E. Alden (1012 Flying M Court), Richard J. and Gina A. Bennert (1013 Flying M
Court), James V. and Cynthia B. Russell (1016 Flying M Court), Massey Development Corporation
(1017 and 1040 Flying M Court), Steven R. And Barbara S. Bacorn, Sf. (1021 Flying M Court),
Patrick A. Donnelly (1032 & 1036 Flying M Court), Larry G. And Sherry Cote-Jarvis (1025 Flying
M Court), Marguerite and David R. Cummock (1 028 Flying M Court), John D. Murray (1 029 Flying
M Court), Austin D. And Janice C. Nixon (1033 Flying M Court), Charles A. Gehrmann (1037
Flying M Court) and Vaughn W. and Gayel M. Crile (1041 Flying M Court) are the owners ofthat
certain real property listed above and located within the City of Edge water, Florida. Subject property
contains approximately 21. 79:t. acres more or less.
Stl tick till Otlgl. passages are deleted.
Underlined passages are added.
2004-0-18
1.
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.
2. Pursuant to the City of Edgewater Land Development Code, the request will result
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in a change of zoning classification from County A-3 (Transitional Agriculture) to City RT (Rural
Transitional) for the property described herein.
3. On March 10, 2004, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On April 5, 2004, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
March 26, 2004.
5. On April 19, 2004, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on April 7, 2004, and notifying by mail all property
owners who own real property directly affected by the proposed action and all property owners who
o
own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
Stll1~k tI.IOtlfil. passages are deleted.
Underlined passages are added.
2004-0-18
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natural environment.
11.
The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
A-3 (Transitional Agriculture) to City RT (Rural Transitional):
The following described real property all lying and being in the County of V olusia
and State of Florida:
1)
John S. Massey - 1000 Flying M Court (#7432-11-00-0120)
Lot 12, Massey Ranch Airpark Unit I, as per plat thereof recorded in Map
Book 44, Page 68, per Official Records Book #4089, Page 4543, Public
Records of Vol usia County, Florida.
Kevin John Black - 1001 Flying M Court (#7432-11-00-0110)
Lot 11, Massey Ranch Airpark Unit I, according to the plat thereofrecorded
in Map Book 44, Page 68, per Official Records Book 4859, Page 1090,
Public Records of Vol usia County, Florida.
Thomas J. and Shelley G. Whitmire - 1004 Flying M Court (#7432-11-00-
0130)
Lot 13, Massey Ranch Airpark Unit I, according to the map thereof, as
recorded in Map Book 44, Page 68, per Official Records Book 4667, Page
4882, Public Records of Vol usia County, Florida.
Jerome R. and Carole A. Kulesia - 1005 Flying M Court (#7432-11-00-0100)
Lot 10, Massey Ranch Airpark Unit I, according to the plat thereof, recorded
in Map Book 44, Page 68, per Official Records Book 4901, Page 2719,
Public Records of Vol usia County, Florida.
Douglas L. Poling - 1009 Flying M Court (#7432-11-00-0090)
Lot 9, Massey Ranch Airpark Unit I, according to the plat thereof, as
recorded in Map Book 44, Page 68, per Official Records Book 4918, Page
360, Public Records of Vol usia County, Florida.
John E. Alden - 1012 Flying M Court (#7432-11-00-0150)
2)
3)
4)
5)
6)
Stl t1Gk tl,rotlgh passages are deleted.
Underlined passages are added.
2004-0-18
3
,
Lot 15, Massey Ranch Airpark Unit I, as per plat thereof recorded in Plat
Book 44, Page 68, per Official Records Book 4942, Page 267, Public Records
of Vol usia County, Florida.
7) Richard 1. and Gina A. Bennert - 1013 Flying M Court (#7432-11-00-0080)
Lot 8, Massey Ranch Airpark Unit I, as per plat thereof recorded in Plat Book
44, Page 68, per Official Records Book 4954, Page 1673, Public Records of
V olusia County, Florida.
8) James V. and CynthiaB. Russell- 1016 Flying M Court (#7432-11-00-0160)
Lot 16, Massey Ranch Airpark Unit I, as per plat thereof recorded in Map
Book 44, Page 68, per Official Records Book 4207, Page 1318, Public
Records of V olusia County, Florida.
9) Massey Development Corp - 1017 Flying M Court (#7432-11-00-0070)
Lot 7, Massey Ranch Airpark Unit I, per Map Book 44, Page 68, Public
Records of Vol usia County, Florida.
10) Steven R. and Barbara S. Bacorn, Sf. - 1021 Flying M Court (#7432-11-00-
0060)
Lot 6, Massey Ranch Airpark Unit I, as per plat thereof recorded in Plat Book
44, Page 68, per Official Records Book 4947, Page 3482, Public Records of
V olusia County, Florida.
11) LarryG. and Sherry Cote-Jarvis - 1025 FlyingM Court (#7432-11-00-0050)
Lot 5, Massey Ranch Airpark Unit I, as per plat thereof recorded in Plat book
44, Page 68, per Official Records Book 4984, Page 4313, Public Records of
V olusia County, Florida.
12) Marguerite and David R. Cummock - 1028 Flying M Court (#7432-11-00-
0190)
Lot 19, Massey Ranch Airpark Unit I, as per plat thereof recorded in Plat
Book 44, Page 68, per Official Records Book 4583, Page 3282, Public
Records of V olusia County, Florida.
13) John D. Murray - 1029 Flying M Court (#7432-11-00-0040)
Lot 4, Massey Ranch Airpark Unit I, as per plat thereof recorded in Map
Book 44, Page 68, per Official Records Book 4991, Page 2109, Public
Records of V olusia County, Florida.
14) Patrick A. Donnelly - 1032 Flying M Court (#7432-11-00-0200)
Lot 20, Massey Ranch Airpark Unit I, as per plat thereof recorded in Map
Book 44, Page 68, per Official Records Book 4377, Page 4748, Public
Records of Vol usia County, Florida.
15) Austin D. and Janice C. Nixon - 1033 Flying M Court (#7432-11-00-0030)
Lot 3, Massey Ranch Airpark Unit I, according to the plat thereof as recorded
in Map Book 44, Page 68, per Official Records Book 5124, Page 3929,
Public Records of V olusia County, Florida.
16) Patrick A. Donnelly - 1036 Flying M Court (#7432-11-00-0210)
o
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Stlt1Gk tllH'>t1gh passages are deleted.
Underlined passages are added.
2004-0-18
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Lot 21, Massey Ranch Airpark Unit I, according to the plat thereof, as
recorded in Map Book 44, Page 68, per Official Records Book 4925, Page
4554, Public Records of Vol usia County, Florida.
17) Charles A. Gehrmann - 1037 Flying M Court (#7432-11-00-0020)
Lot 2, Massey Ranch Airpark Unit 1, according to the map or plat thereof as
recorded in Plat book 44, Page 68, per Official Records Book 4960, Page
2179, Public Records of Vol usia County, Florida.
18) Massey Development Corp - 1040 Flying M Court (#7432-11-00-0220)
Lot 22, Massey Ranch Airpark Unit I, per Map Book 44, Page 68, Public
Records of Vol usia County, Florida.
19) Vaughn W. and Gayel M. Crile - 1041 Flying M Court (#7432-11-00-0010)
Lot 1, Massey Ranch Airpark Unit I, as per map thereof recorded in Map
Book 44, Page 68, per Official Records Book 4205, Page 1050, Public
Records of V olusia County, Florida.
Containing approximately 21. 79:t acres.
Map of subject property is reflected on Exhibit" A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW ATER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edgewater, Florida, to reflect the change in zoning classification for the above described
property.
PART C.
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 D.
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
Stll1Gk t1uol1gh passages are deleted.
Underlined passages are added.
2004-0-18
5
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTE.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take p lace upon adoption.
PARTG.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on April 5, 2004, was as follows:
..
.
o
AYE NAY
Mayor Donald A. Schmidt X 0
Councilman James P. Brown ABSENT
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X -
StJ ..."k till Otlgl. passages are deleted.
Underlined passages are added.
2004-0-18
6
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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 Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 19th day of April, 2004.
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
Stl""1-. till otl2,h passages are deleted.
Underlined passages are added.
2004-0-18
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantJParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of April, 2004 under Agenda Item No. 6_.
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AGENDA REQUEST
Date: April 6. 2004
PUBLIC
HEARING
ORDINANCE April 19. 2004
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
2nd Reading - Ordinance No. 2004-0-19
An Ordinance amending Chapter 21 (Land
Development Code) by enacting Article XVIII
(Indian River Boulevard - SR 442 Corridor Design
Regulations ).
REQUESTED ACTION: Include guidelines for the Indian River Boulevard - SR 442 Corridor Overlay Zone,
which will be known as Article XVIII of the Land Development Code.
BACKGROUND: The widening of S.R. 442 has significantly increased the potential for development and
redevelopment from US Highway 1 to Interstate 95. In recognition of this potential, City staff has worked closely with
LDI (Land Design Innovations Inc.) and Volusia County in developing certain criteria for S.R. 442 to maintain the
aesthetic nature of the area. These design regulations are intended to ensure high quality private development in the
Indian River Boulevard Corridor. The two major components ofthese regulations are:
1) Landscape, buffer and related site development treatments, especially areas immediately and
adjacent to the road and,
2) Building design standards for new and redeveloped structures, including signage.
At the March 10, 2004 Planning and Zoning Board meeting the Board voted 6-0 to send a favorable recommendation to
City Council for the proposed Article XVIII.
City Council voted to approve the text amendment at first reading on April 5, 2004.
CONSISTENCY WITH COMPREHENSIVE PLAN: The addition of Article XVIII meets the requirements set forth
in Policy 1.6.6 of the Future Land Use Element.
OTHER MATTERS: There are no other known matters associated with this request.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance No. 2004-0-19 to include Article XVIII (Indian River Boulevard - SR 442
Corridor Design Regulations) of the Land Development Code.
ACTION REQUESTED:
Motion to approve Ordinance No. 2004-0-19 to include Article XVIII (Indian River Boulevard - SR 442 Corridor
Design Regulations) of the Land Development Code.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
X
DATE:
4-5-04
AGENDA ITEM NO.
6G
\(.~&\\(.\-\o00~
Kenneth R. Hooper \ ~\ ~
City Manager \ U
Article XVIII text amendment
~
ORDINANCE NO. 2004-0-19
o.
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; AMENDING CHAPTER 21 (LAND
DEVELOPMENT CODE) BY ENACTING ARTICLE XVIII
(INDIAN RIVER BOULEVARD - SR #442 CORRIDOR
DESIGN REGULATIONS); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND
CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, due to the widening of State Road #442 and potential development along the
corridor, the City of Edgewater and County of Vol usia jointly developed criteria relating to design
standards for property along the corridor.
WHEREAS, the new development standards meet the requirements set forth in Policy 1.6.6
of the Future Land Use Element and will maintain the aesthetic nature of the surrounding area and 0
ensure high quality private development within the Indian River Boulevard corridor.
WHEREAS, the two major components of the new regulations are: (1) landscape, buffer
and related site development treatments, especially areas immediately and adjacent to the road, and
(2) building design standards for new and redeveloped structures, including signage.
NOW, THEREFORE, BE IT ENACTED by the People of the City ofEdgewater,
Florida:
PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY
ENACTING ARTICLE XVIII (INDIAN RIVER BOULEV ARD-
SR #442 CORRIDOR DESIGN REGULATIONS) OF THE
CODE OF ORDINANCES, CITY OF EDGEW ATER,
FLORIDA.
StItlck tlnongh passages are deleted.
Underlined passages are added.
2004-0-19
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Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby
amended by enacting Article xvrn (Indian River Boulevard - SR #442 Corridor
Design Regulations) as set forth in Exhibit "A" which is attached hereto and
incorporated herein.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
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.
Struck tlnotl~h passages are deleted.
Underlined passages are added.
2004-0-19
2
PART F.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on April 5, 2004, was as follows:
AYE
Mayor Donald A. Schmidt X
Councilman James P. Brown ABSENT
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by and Second by
NAY
the vote on the second reading of this ordinance was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Shuck t1notlgll passages are deleted.
Underlined passages are added.
2004-0-19
3
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
Shtick Htl(mgh passages are deleted.
Underlined passages are added.
2004-0-19
day of April, 2004.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of April, 2004 under Agenda Item No.
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EXHIBIT" A"
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ARTICLE XVIII
INDIAN RIVER BOULEVARD - S.R. #442
CORRIDOR DESIGN REGULATIONS
SECTION 21-410 - PURPOSE AND INTENT ............................................................. XVIII-1
SECTION 21- 420 - APPLICABILITY ......................................................................... XVIII -1
21-420.01 - Indian River Boulevard Corridor Districts .......................................... XVill-l
21-420.02 - Primary And Other Streets .................................................................. XVill-l
21-420.03 - Comer Lots/Parcels ........................... ............ ...................................... XVill-2
21-420.04 - Conflict With Other Provisions Of Code ............................................ XVill-2
21-420.05 - Registered Landscape Architect Required .......................................... XVill-2
SECTION 21-430 - BUILDING LOCATION/LANDSCAPE BUFFERS .................. XVIII-2
21-430.01 - West Parkway District .......... ............................................ ................... XVill-2
21-430.02 - Shores District ..................................................................................... XVill -3
21-430.03 - East Village District ..................................................... ....................... XVill -3
21-430.04 -Landscape Buffer Requirements For Primary Streets .......................... XVill-3
21-430.05 - Landscape Buffer Requirements Along Other Side Streets ................ XVill-3
21-430.06 - Minimum Lot Width And Depth ......................................................... XVill-3
21-430.07 - Minimum Landscape Requirements In Buffer Yard ........................... XVill-3
21-430.08 - Protection From Vehicle Encroachment ............................................. XVill-4
21-430.09 - Stormwater In Buffer............... ........ .................................................... XVill-4
21-430.10 - Parking Location ................................................................................. XVill-5
21-430.11 - Pedestrian And Bicvcle Circulation .................................................... XVill-5
21-430.12 - Sidewalks ................... ...... ......................................... .......................... XVill-5
21-430.13 - Pedestrian Access Standards ............................................................... XVill-5
21-430.14 - Drive-Through Requirements........................................ ...................... XVill-5
SECTION 21-440 - ARCHITECTURAL DESIGN STANDARDS ............................. XVIII-6
21-440.01 - Building Orientation....................................................................... ..... XVill -6
21-440.02 - Primary Building Entrance .................................................................. XVIll-6
21-440.03 - Building Height And Transition . .................................................. ....... XVill - 7
21-440.04 - Facade Treatments ......... ............. ................. .................................. ...... XVill-7
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21-440.05 - Prohibited Facade Treatments ............................................................. XVIII-8
21-440.06 - Loading And Service Areas ................................................................. XVIII-9
21-440.07 - Outdoor Shopping Cart Storage .......................................................... XVIII-8
21-440.08 - Fenestration ......................................................................................... XVIII-8
21-440.09 - Roof Treatments And Materials .......................................................... XVIII-9
21-440.10 - Building Color......................................... .......................................... XVIII -10
21~440.11 - Multi-Building Complexes ................................................................ XVIII-I0
SECTION 21-450 - SIGNS ............................................................................................ XVIII-II
21-450.01 - Freestanding Signs .................................. ................... ....................... XVIII-II
21-450.02 - Ground Signs Required ......... ............................................................ XVIII-II
21-450.03 - Business Identification Signs ............................................................ XVIII-12
21-450.04 - Multi-Tenant Buildings ..................................................................... XVIII-12
21-450.05 - Specialty Signs .................................................................................. XVIII-12
21-450.06 - Signage Performance Standards ........................................................ XVIII-13
21-45 O. 07 - Exempted Signs ................................................................................. XVIII-13
21-450.08 - Prohibited Signs ........................................................ ........................ XVIII-13
21-450.09 - Sign Illumination ................................ ............................................... XVIII -13
21-450.10 - Prohibited Lighting............ ......... ....................................................... XVIII-13
SECTION 21-460 - NONCONFORMING STRUCTURES ...................................... XVIII-14
21-460.01 - Existing Nonconforming Structures ................................................. XVIII-14
21-460.02 - Guidelines For Nonconforming Structures ....................................... XVIII-14
SECTION 21-470 - RESERVED .................................................................................. XVIII-15
SECTION 21-480 - RESERVED .................................................................................. XVIII-15
SECTION 21-490 - RESERVED .................................................................................. XVIII-15
Article XVIII
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Rev. 04-04 (Land Development Code)
ARTICLE XVIII
INDIAN RIVER BOULEVARD - S.R. #442
CORRIDOR DESIGN REGULATIONS
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SECTION 21-410 - PURPOSE AND INTENT
These design regulations are intended to ensure high quality private development in the Indian River
Boulevard Corridor. The two major components of these regulations are: 1) landscape, buffer and
related site development treatments, especially areas immediately adjacent to the road and 2)
building design standards for new and redeveloped structures, including signage.
Applicants for development within the Indian River Boulevard Corridor Overlay are required to
obtain a COpy of the complete design guideline package from the City Planning Department.
SECTION 21- 420 - APPLICABILITY
Parcels that share a common boundary with Indian River Boulevard will be subject to the
requirements, standards and criteria contained in these regulations. Furthermore, these requirements
apply to all residential. commercial. office, institutional and industrial development, including both
public and private facilities within the Indian River Boulevard Corridor. The provisions of this
document are applicable to all properties that touch, front or are otherwise adjacent to Indian River
Boulevard. Properties that include a complex or subdivision of buildings shall be considered to be
included within the guidelines in their entirety, including parent tracts, out-parcels, flag lots, etc.
They apply to both new development and redevelopment activities.
21-420.01 - Indian River Boulevard Corridor Districts 0
Indian River Boulevard has three distinct districts. These districts are defined below and are referred
to throughout these regulations. In addition. intersecting roads are also defined below. Refer to the
complete design guideline package available from the City Planning Department for a map showing
the three separate districts.
District
Intersectinf! Street
Intersectinf! Street
The West Parkway
District
The Shores District
The East Village District
Interstate 95
Pinedale Road
Pinedale Road
India Palm Drive
India Palm Drive
Riverside Drive
21-420.02 - Primary And Other Streets
Tlie following major streets that intersect Indian River Boulevard shall be considered as Primary and
Other Streets:
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Number offeet from
intersection that these
Street Tvpe Intersectinf! Street ref!ulations shall be
applicable along these
roads.
Primary Old Mission Road 500
Primary Air Park Road 500
Primary U.S. Highway 1 500
Primary Riverside Drive 500
Other All other streets 100
21-420.03 - Corner Lots/Parcels
Comer lots/parcels shall be considered to have two (2) front perimeters. For other streets that
intersect now or in the future. the parcels that are comer lots or comer developments adiacent to
Indian River Boulevard shall comply with these requirements.
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21-420.04 - Conflict With Other Provisions Of Code
The requirements for the Indian River Boulevard Corridor Overlay Area supersede the general
requirements within this Land Development Code.
These requirements shall not apply to existing developed residential or vacant lots adi acent to Indian
River Boulevard from U. S. Highway #1 to Willow Oak Drive.
The above-referenced existing: developed or vacant properties shall be developed in accordance with
the standards set forth in Article V (Site Design Criteria) unit such time as a change in use is
proposed. A change in use shall mean a change in character involving: activities that result in a
different external impact.
21-420.05 - Reeistered Landscape Architect ReQuired
A Landscape Architect registered in the State of Florida shall be required to prepare landscape plans
and related irrigation plans for all lands for which this Article applies.
SECTION 21-430 - BUILDING LOCATION AND LANDSCAPE BUFFERS
The setback is the distance between the edge of the road's right-of-way. also referred to as the
property line. and the closest edge or wall ofthe principal building on the site. The building location
and landscape buffer requirements are identified below.
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21-430.01 - West Parkway District
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a.
Setback and Buffer. A minimum fifty-foot (50') landscape buffer shall be provided in the
West Parkway District. Buildings will not be allowed within one hundred feet (100') of the
property line adjacent to Indian River Boulevard or primary streets.
Mana!!ement and Maintenance of Natural Ve!!etation. Site plan submittals will be
required to graphically identify the manner in which natural areas will be preserved and
maintained. Site plan submittals shall identify where natural areas will be trimmed and to
what limited extent they will be altered for visibility from the road.
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b.
If a certain view or angle from the road is desired, the site plan shall identify a "viewshed,"
i.e., the area within which trimming of small trees and understorv vegetation is desired. The
extent of trimming should be clearly noted in terms of extent and height, as well as the
thinning of trees and vegetation. Trees larger than four inches (4") in diameter will not be
removed. Trimming of vegetation will not be allowed lower than thirty-six inches 06")
from the ground. Areas to remain undisturbed shall also be identified. This information
becomes part of site plan approval, and will be utilized for maintenance as well as
enforcement by the City.
21-430.02 - Shores District
A minimum ten-foot (10') landscape buffer shall be provided in the Shores District. Buildings shall
not be allowed within forty feet (40') of the property line adj acent to Indian River Boulevard or
primary streets.
21-430.03 - East Villa!!e District
A minimum twenty-foot (20') landscape buffer shall be provided from the front property line in the 0
East Village District. Buildings will not be allowed within forty feet (40') of the property line
adjacent to Indian River Boulevard or primary streets.
21-430.04 -Landscave Buffer ReQuirements For Primary Streets
The landscape buffer requirements along primary streets in the Indian River Boulevard Corridor
shall be twenty feet (20') in width. Unless otherwise noted, additional requirements shall comply
with the adiacent District within the Indian River Boulevard Corridor to the maximum extent
practicable. Building will not be allowed within forty feet (40') of the property line adjacent to
Indian River Boulevard or primary streets.
21-430.05 - Landscave Buffer ReQuirements Alon!! Other Side Streets
The landscape buffer along other existing or future streets that intersect Indian River Boulevard shall
be a minimum of twenty feet (20') in width and shall comply with the adjacent District of Indian
River Boulevard to the maximum extent practicable.
21-430.06 -Minimum Lot Width And Depth
The minimum lot width and depth for all new development along the corridor shall be 200 feet
(200') by 200 feet (200'). This requirement ensures that minimum building setback and buffer
requirements can be accomplished within the context oftvpical site development, building coverage,
parking, stormwater and other customary site amenities. Any deviation from this standard for out-
parcels, flag lots and other circumstances should ensure that the configuration of the resulting
development site allows for compliance with the intent and purpose of these guidelines.
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21-430.07 - Minimum Landscape ReQuirements In Buffer Yard
The following requirements are intended for private property outside of the public right-of-way
adjacent to the corridor and primary streets.
a.
West Parkway District. These requirements shall provide the basis for infill vegetation as
needed where natural vegetation is sparse. The minimum landscaping in the buffer vard shall
be eight (8) shade trees, ten (10) understory trees and seventy (70) shrubs per one hundred
(100) lineal feet. To maintain a natural look, trees and shrubs shall be placed in an organic
or curvilinear manner that is similar to and consistent with natural adjoining areas, which
have been preserved. Linear arrangements are discouraged in the West Parkwav District.
Shores District. Canopy trees shall be coordinated with the placement ofthe poles within
the FPL easement along Indian River Boulevard. Where feasible, the minimum landscape
buffer shall be one (1) shade tree (Oak) per fifty lineal feet (50') on private propertv
alternating with the City's oak trees in the public right-of-way. Understory trees are optional
and recommended at two (2) per twenty lineal feet (20'). Shrubs are optional unless a fence
is put up. If a fence is visible from the public right-of-way shrubs are required along the
entire length of the fence, spaced just far enough apart for the species to grow.
East Villa1!e. The minimum landscape buffer shall include a total of three (3) trees every
fifty lineal feet (50'). One (1) Magnolia placed every fifty lineal feet (50'). Two (2) Crepe
Myrtles placed in between the Magnolia's fifty lineal feet (50'). Shrubs shall be placed at
a minimum offortv (40) per one hundred lineal feet (100').
Varied Color. Landscaping shall be arranged to display variety and color bv utilizing
flowering and variegated species whenever possible. Such varietv and color shall be
accomplished by using a combination of shrubs and ornamentals from the approved
materials list in this code. Ornamentals shall not constitute more than fifty percent (50%)of
required shrubs.
Wetlands and Natural Ve1!etation Preservation. Within the buffer, major wetlands shall
be preserved as set forth in the City's Comprehensive Plan and Land Development Code.
Natural uplands vegetation shall be preserved to the maximum extent feasible.
Side and Rear Yards. The sides and rear yards of all properties shall be provided with
landscape treatment consistent with this Land Development Code.
b.
c.
d.
21-430.08 - Protection From Vehicle Encroachment
Landscape buffers shall be protected from vehicles in the parking area with curbs for those parking
spaces adiacent to the buffer. Plantings adiacent to parking areas shall be located a minimum of3
Y2 feet from the front end ofthe parking space to prevent encroachment into required landscape areas
{per City Code 21-56.02(0)(1 n. Wheel stops shall not be utilized in the interior portion of the
parking area. No paved areas will be allowed in the buffer other than required traffic circulation
access. In alreadv developed areas such as the East Village District. no additional pavement will be
allowed in the buffer area.
21-430.09 - Stormwater In Buffer
In order to create shallow retention areas, removal of a maximum of fifty (50) percent of understory
trees and shrubs may permitted to provide for shallow swales without removal or damage to existing
shade trees.
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Landscape buffers on primary and other streets mav be combined with approved on-site, wet or dry-
bottom stormwater retention areas provided that these areas are designed as visual amenities without
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chain link fences (or similar utilitarian appurtenances) and with shade trees.
21-430.10 - Parkin!! Location
These standards shall prevent automobiles from being highly visible from the roadway. This applies
to parking areas, automobile service areas and other vehicular circulation areas. For screening, a
forty-inch (40") high decorative wall, berm or hedge shall be provided at the same or above the
finished grade of parking and other vehicular use areas. Dense existing natural vegetation that
provides a similar forty-inch (40") high screen from Indian River Boulevard may substitute for a
berm, hedge or wall. These requirements for a hedge may be combined with the required landscape
buffer requirement for shrubs.
21-430.11 - Pedestrian And Bicycle Circulation
The purpose of this subsection is to provide safe opportunities for alternative modes of
transportation by connecting buildings with existing and future pedestrian and bicycle pathways and
to provide safe passage from the public right-of-way to the building.
21-430.12 - Sidewalks
Sidewalks are provided throughout most of the Shores and East Village Districts. As development
continues, developers should provide sidewalks where not already available, especially in the West
Parkway District. which does not have sidewalks. In all districts, sidewalks will be separated from
the curb a minimum of four feet (4') to provide safety for pedestrians, for passing vehicles and
adequate space for landscaping. In the West Parkway District. additional separation may be
necessary to preserve natural vegetation.
21-430.13 - Pedestrian Access Standards
Pedestrian circulation shall be provided by connecting buildings with existing and future pedestrian
and bicycle pathways as well as by providing safe passage from the public right-of-way to the
building in the manner set forth below.
a. N umber of Pedestrian Wavs ReQuired. Pedestrian ways shall be provided at a minimum
ratio of one (1) for each customer vehicular entrance to a proiect. For example, if there are
two (2) driveways into the site, two (2) sidewalk entries are required. Entrances designed
primarily for service and delivery vehicles are not included in this ratio.
b. Materials. Pedestrian walkways shall be handicapped accessible. Materials may include
specialty pavers, colored concrete or stamped pattern concrete. Natural materials for
pedestrian paths may be encouraged in the West Parkway District.
c. Pedestrian Shade. Pedestrian walkways shall provide intermittent shaded areas when the
walkway exceeds one hundred linear feet (100') in length at a ratio of one hundred square
feet (100') of shade for every one hundred linear feet (100') of walkway.
21-430.14 - Drive-Throu!!h ReQuirements
Drive-through windows and lanes shall not be located on a side ofthe building visible from a public
right-of-way. Drive-through lanes shall be designed primarily for pedestrian safety and crossing.
Drive-through designs must have the same detail of the principal structure and match the materials
and roof of the principal structure.
a. Screenin!! Drive- Throu!!hs. A dense hedge of evergreen shrubs shall be provided in the
following manner to screen drive-throughs:
.L. At initial planting and installation, shrubs shall be at least thirty inches (30") in
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height and shall be planted thirty inches (30") or less on center.
b Within one (1) year of initial planting and installation, shrubs shall haye attained, and
be maintained at, a minimum height of four feet (4') and shall provide an opaque
vegetative screen between the street and the drive-through. The hedge must continue
for the entire length of the drive-through cueing or stacking area.
l:. In lieu of a vegetative hedge, the use of vegetated berms with appropriate landscape
materials may be used in a manner that results in the visual separation of street right-
of-way and the drive-through.
Stackin2: Distance. The following stacking distances, measured from the point of entry to
the center ofthe farthest drive-through service window area, are required:
L. Restaurants, full service car washes and day care facilities: Two hundred twenty feet
(220')
2. Banks (per lane): One hundred seventv five feet (175')
l:. Self Service Car Wash (per bav) and Dry Cleaners: Sixty-five feet (65')
4. Other uses mav require the Citv to determine the stacking distance on a case-bv-case
basis.
2:. Facilities not listed above with more than one (1) drive-through lane shall provide
one hundred feet (100') of stacking distance per lane measured from the point of
entry to the center of the farthest service window area.
6. Drive- Through Separate From Other Circulation: The drive-through lane shall be a
separate lane from the circulation routes and aisles necessary for ingress and egress
from the property or access to anv off-street parking spaces.
Pass Throu2:h Lanes. A pass-through lane shall be required for all drive-through facilities
constructed adi acent to at least one (1) stacking lane in order to provide egress from the
stacking lane.
c.
SECTION 21-440 - ARCHITECTURAL DESIGN STANDARDS
The architectural standards are intended to be flexible and encourage design diversitv and variations.
The criteria for development along the corridor will primarilv ensure that the architectural integrity
and details of existing structures are maintained, as well as affirm the appropriateness of new
development into the character ofthe districts. Special attention has been placed on the creation of
an attractive, safe and functional urban environment.
21-440.01 - Buildin2: Orientation
All buildings shall be oriented so that primary facades face public rights-of-wav. Buildings on
comer lots shall be considered to have two (2) fronts and shall be designed with additional
architectural embellishments such as towers or other design features at the comer to emphasize their
location as gatewavs and transition points within the community,
Although the main aesthetic emphasis shall be on the primary facade( s), all building elevations shall
receive architectural treatment. The stvle of windows shall remain uniform on all sides of the
building.
21-440.02 - Primary Buildin2: Entrance
In generaL the primary pedestrian entrance to all buildings shall face Indian River Boulevard, and
shall be clearlv defined and highly visible for the pedestrian. Multiple tenant buildings shall have
all customer entrances distinguished pursuant to these regulations.
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Primary entrances shall have either a protruding or raised roof, a stoop, a proiection or recession in 0
the building footprint a minimum of three feet (3') in depth that clearly identifies the entrance.
Comer lots shall provide an entrance on both public rights-of-way or a comer entrance.
In addition, every primary entrance shall have two (2) other distinguishing features from the list
below:
1. Variation in roof height around door:
b. Canopy or portico:
.1. Raised cornice or parapet over door:
4. Arches or columns:
2:- Patterned specialty paving at entrance and along walkway:
6. Ornamental and structural architectural details other than cornices over or on the
sides of the door: or
1.. Any other treatment. which, in the opinion of the City, meets the intent of this
section.
21-440.03 - Buildin2: Hei2:ht and Transition
Buildings will not be allowed to be any higher than already permitted in the respective zoning
district. New developments that are more than twice the height of any existing building within three
hundred feet (300') shall provide transitional stepped massing elements to minimize the contrast
between the buildings. The transitional massing element shall include a primary facade that is no
more than the average height of the adiacent buildings.
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21-440.04 - Facade Treatments
Facade treatments of a building must be designed with consistent and uniform architectural style.
Detail and trim features must be consistent with the style of the building. Diversity of architectural
elements on the facade that are compatible with the style are required. These elements must be
integrated with the massing and scale of the buildings.
Building walls and facade treatments must avoid large blank wall areas bv including at least three
(3) ofthe design elements listed below, or their equivalent design feature. Design elements should
be in intervals of no more than thirty feet (30') apart, and repetition is encouraged. At least one of
the design elements should repeat horizontally.
At a minimum, buildings must provide at least two (2) of the following building design elements
on the primary facade:
1.
2.
.1.
Awnings or attached canopies:
Arcades or colonnades:
Display windows a minimum of six feet (6') in height along sixty-five percent (65%)
of the primary facade:
Clock or bell towers:
Decorative landscape planters or wing walls which incorporate landscaped areas:
Pergola:
Benches or other seating components built into the building:
Texture or pattern change:
Material module change:
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Ornamental or structural detail;
Varied building setbacks or projections; or
Expression of architectural or structural bays, through a change in plane of no less
than twelve inches (12") in width, such as a reveaL an offset or a projecting rib.
Changes in color along the facade that are compatible with each other and the style ofthe building
are encouraged but not sufficient to break UP the mass of the facade.
21-440,05 - Prohibited Facade Treatments
The following treatments or features are prohibited on any facade that are visible from the public
rights-of-way:
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1.
4.
The use of reflective glass and reflective film is prohibited on all buildings.
Windows and doors should be glazed in clear glass with no more than ten (10)
percent daylight reduction.
Garage doors used either as decoration or for vehicular service, storage or any other
use (these elements must be side loaded).
Glass curtain walls.
Stained glass and art glass installations may be permitted, provided they are in
character with the style of the building.
2.
21-440.06 - Loadint! And Service Areas
Loading and service areas will be located behind or to the rear of buildings and will be screened with
walls and landscaping. Materials, rooflines, and colors are permitted to be consistent with the
primarv structures.
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21-440.07 - Outdoor ShODDim! Cart Storaee
All outdoor storage of customer shopping carts adjacent to the building shall be screened by a wall
a minimum of four feet (4') in height that is consistent in style, materials and color to the facade.
Arcade or colonnade areas cannot be used for the storage of shopping carts.
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21-440.08 - Fenestration
Fenestration is the placement ofwindows and doors. Windows and doors must cover at least thirty
percent (30%) of the area of the primary facade. Windows must be located between three feet (3')
and seven feet (7') measured from ground level.
a. Exterior Wall Materials. All buildings subject to the terms of this Section shall be clad
with typical Florida building materials that are durable and appropriate to the visual
environment and climate. Design flexibility and creativity is encouraged using
ornamentation from a wide variety of architectural styles.
b. Finish materials for walls. Exterior walls are the most visible part of most buildings. Their
exterior finishes shall be one of the following:
L Concrete block with stucco;
2. Reinforced concrete with smooth finish or with stucco;
1. Natural brick or stone (excluding ashlar or rubble construction look);
4. Wood, pressure treated or naturally decay-resistant species;
i. Fiber-reinforced cement panels or boards that simulate wood; or
6. Synthetic stucco may be used only on non-facade walls.
f..:. Prohibited Materials. No exterior wall shall be covered with the following materials:
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d.
1. Plastic or vinyl siding;
2. Corrugated or reflective metal panels. steel buildings;
1. Applied stone in an ashlar or rubble look.
4. Smooth. scored or rib faced concrete block;
2:. Anv translucent material. other than glass;
Q.. Any combination of the above.
Corporate Desie:n. Comorate franchises should not be allowed to create visual clutter or
to use architecture and building colors to act as signage. Therefore. exceptions to these
guidelines shall not be made for comorate franchises. National corporate chains that
typically design their buildings to read as signage have been known to modify their designs
to blend with the character of the neighborhood.
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21-440.09 - Roof Treatments And Materials
Variations in the rooflines must be used to add interest to and reduce the massing of buildings. Roof
features and materials must be in scale with the building's mass and complement the character of
adjoining and adjacent buildings and neighborhoods.
a.
Roof Standards. While any roof type is acceptable. the following standards shall applv:
1. All flat roofs and anv shed roof with a slope ofless than 1:6 must be concealed by
a parapet;
2. All hipped and gabled roofs and all shed roofs with a slope greater than 1:6 must
have overhangs of at least eighteen inches 08");
1. Mansard roofs must have the lowest sloped surface begin above a cornice line and
then slope upward and inward;
4. Small towers. cupolas and widow's walks are encouraged (if they are compatible
with the style of the building);
2:. Unless specificallv designed otherwise. roof overhangs shall wrap around all four (4)
sides of the building so that there is visual continuity around the entire building
unless site-specific conditions warrant otherwise:
6. Skylight glazing must be flat to the pitch ofthe roof.
Permitted Roof Materials. The following roofing materials are permitted:
L Standing Seam Metal: Steel (galvanized. enameled or teme-coatedt stainless steel:
copper; aluminum:
2. Architectural Shingles: Asphalt. fiber reinforced cement. metal. fiberglass. wood:
1. Tile: Clav. terra cotta or concrete:
4. Flat roofs hidden by Parapet: Any material allowed by building code.
Eauipment on Roof. All equipment located atop a roof of a building must be concealed so
that it is not visible by a person standing anYWhere on the site or on an adjacent public street.
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b.
c.
21-440.10 - Buildine:Color
Simple color schemes are encouraged. As a general rule. building facade should not exhibit more
than three (3) colors.
a. Prohibited Colors. The use of garish or gaudy colors is prohibited. The use of black. neon
or fluorescent colors is prohibited as the predominant building color.
b. Trim on Facade. Building trim and accent areas may feature any color. limited to ten
percent 00%) of the affected facade segment. with a maximum trim height oftwenty-four
inches (24") total for its shortest distance.
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21-440.11 - Multi-Buildin2: Complexes
Specific provisions must ensure a unified architectural design and site plan between a complex of
buildings or between out-parcel buildings and the main building(s) on the site. The following
standards assure an enhanced visual impact of the buildings, as well as providing safe and
convenient vehicular pedestrian access and movement within the site.
a. Buildin2: Groups and Complexes. Buildings and structures, which are a part of a present
or future grOUP or complex, shall have a unity of character and design and the use, texture
and color of materials shall create a harmonious whole. In addition, the design, scale and
location on the site shall enhance rather than detract from the character, value and
attractiveness of the surrounding communitv or neighborhood.
b. Ancillarv Structures. Separate ancillary structures, including, but not limited to, car
washes, cashier booths, and/or canopies over gas pumps shall have comparable pitch or
parapets for roofs and shall otherwise have the same architectural detaiL design elements,
color scheme, building materials and roof design as the primary structure.
c. Out-Parcel Facade. All exterior facade of an out-parcel building must be considered
primary facade and must employ architectural site and landscaping design elements which
are integrated with, and common to, those used on the main development including color,
materials, and decorative treatments.
d. Connect Circulation of Out-Parcels. Out-parcel structures that are adiacent to each other
must provide for vehicular connections between their respective parking lots and provide
interconnection of pedestrian walkways.
e. Common Wall and Side-By-Side Buildin2:s. When the use of common walL side-by-side
development occurs, continuity of facade and consolidated parking for several businesses
in one parking lot may be used.
f. Service Areas. Service areas shall not be located in front yards and shall not be visible from
a public right-of-way. Waste disposal areas shall be screened 100% by a masonry wall and
landscape buffer. The wall shall be consistent in style, materials and color to the facade. The
landscape buffer shall be a minimum of five feet (5') in width and shall contain a hedge
three feet (3') in height at planting and capable of attaining five feet (5') in height and total
opacity within eighteen (18) months.
Mechanical equipment, satellite dishes, and other service support equipment shall be located
behind the building line and shall be fully screened from the view of adi acent properties both
at ground and roof top levels.
&. Pay Phones. All telephones on private property shall be confined to a space built into the
building or buildings or enclosed in a separate structure compatible with the main building.
h. Buildin2: Security Devices. Exterior mounted security gates or solid roll down metal
windows shall be prohibited. Link or grill type security devices shall be permitted only if
installed from the inside, within the window or doorframes. Other types of security devices
fastened to the exterior walls are not permitted.
SECTION 21-450 - SIGNS
Sign regulations are important because they ensure consistency of signage along the corridor and
thereby prevent clutter and confusion exemplified by older, unregulated strip commercial areas. The
purpose and intent of sign regulations will be to augment the City of Edge water' s existing sign code
to fit the higher aesthetic standard being established for Indian River Boulevard. This section covers
freestanding or detached signs, attached or building signs, multi-tenant development signs and
Rev. 04-04 (Land Development Code)
XVIll-IO
specialty signs.
21-450.01 - Freestandine Siens
Freestanding signs include signs that are typically placed in front of businesses and developments
in order to achieve visibility from the highway. By definition, freestanding signs are unattached to
the building( s ).
21-450.02 - Ground Siens Reouired
Freestanding ground signs shall be allowed in the Indian River Boulevard Corridor. Pole signs are
prohibited.
a. Heieht. The maximum height of the entire sign structure shall be eight feet (8').
b. Sien Area. The sign area of ground signs shall be calculated at a ratio of one square foot
(I ') of sign area per two linear feet (2') of addressed building frontage, with the following
maXImums.
1. Tvpical Buildine. Ground signs shall not exceed forty-eight (48) square feet for
buildings with Indian River Boulevard road frontage.
L Primary Streets and Other Intersectine Streets. Ground signs on primary streets
and other streets intersecting Indian River Boulevard may be up to thirty-two square
feet(32 ').
c. Number of Ground Siens. One (1) sign shall be allowed per parcel with four hundred feet
(400') or less of road frontage. Ifa parcel's road frontage exceeds four hundred feet (400')
and is less than seven hundred feet (700'), then a maximum of two (2) ground signs shall be
allowed but no closer than three hundred feet (300') apart. If a parcel's road frontage
exceeds seven-hundred feet (700'), then a maximum of three (3) ground signs shall be
allowed, but no closer than three-hundred feet (300') apart.
d. Ground Sien Planter Specifications. Vertical structure supports for ground signs shall be
concealed in an enclosed base. The width of such enclosed base shall be equal to at least
two-thirds (2/3) the horizontal width ofthe sign surface. A planter structure shall enclose the
foot of the base. The planter shall be between two feet (2') and three feet (3') in height above
the ground, with a minimum length equal to the width of the sign and a minimum width of
three feet (3 '). The materials will be consistent with the sign and principal structure. The
planter shall be irrigated and planted with low shrubs, ornamentals or flowers. Such
plantings shall be maintained indefinitely.
e. Ground Sien Setback. The planter setback shall be a minimum of ten feet (10') from the
right-of-way.
L. Movement. No ground sign nor its part shall move, rotate or use flashing lights.
21-450.03 - Business Identification Siens
Business identification signs include signs that are attached to the building wall or window. They
include wall signs (flat against building wall); proiectingfhanging signs (perpendicular to the
building); window signs; canopy/marquis; and awning signs.
The following general design criteria shall apply'to all attached signs located in the Indian River
Boulevard Corridor. No sign shall cover architectural detailing. Only one (1) business identification
shall be allowed per sign to reduce clutter.
a. Wall Siens. Wall signs should be limited to one (1) per business per facade. The total
amount of wall signs allowed shall be two (2) square feet of signage per one (1) linear foot
Rev, 04-04 (Land Development Code)
XVIII-II
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b.
of addressed business frontage, not to exceed sixty-four (64) square feet. provided however
that coPY area shall not exceed fifty percent (50%) of the primary frontage (width) of the
tenant space. Wall signs should be placed on the building facade and not perpendicular to
the wall.
Proiectin2/Ham!im! Si2ns. Projectingfhanging signs should not exceed four (4) square feet.
Should be located adjacent to the entry to the building, or to the tenant space. If located
under an awning or marquis, the projecting sign should be located perpendicular to the
building face.
Window Si2ns. Window signs should be maintained properly. Should be painted or decal
only. Should not exceed twenty five percent (25%) ofwindow area. Should not be located
between four feet (4') to six feet (6') above grade to allow visibility into the store for
pedestrians. Promotional posters for civic events shall be permitted on windows, and should
not be included in the sign area calculation.
Canopy/Marquis or Awnin2 Valance Si2ns. Signs shall not be permitted on
canopv/marquis or awning valance structures.
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c.
d.
21-450.04 - Multi-Tenant Buildin2s
Developments that have multiple tenants shall limit the ground sign to just the name of the
center/complex (may also possibly include an anchor store) and wall signs to identify the individual
tenants to prevent clutter along the corridor.
a. Directorv Si2ns (for multi-use developments). Sites with two (2) or more businesses on
the premises are allowed a directory sign. The size of the sign should not exceed six (6)
square feet. The location of directory signs should be approved at the discretion ofthe City.
'-.)
21-450.05 - Specialty Si2ns
a. Easel. Easel signs should be limited to one (1) sign per active store entrancewav. The sign
should relate to the business or merchandise line ofthe particular place of business. Easel
signs should be no larger than twentv four inches (24") wide bv thirtv six inches 06") high.
L Signs placed on easels should be no larger than twenty-four inches (24") wide by
twentv-four inches (24") high.
2. Signs shall be located directly in front of the business entrance at a distance of no
greater than five feet (5') from the building and shall not block pedestrian
movement.
b. Flaes. Flags are permitted. A maximum of one (1) state, one (1) federal and one (1)
local/countv flag per parcel: each a maximum ofthirtv-five (35) square feet. Flags shall be
set back from road right-of-wav a minimum distance often feet (10').
c. Openin2 Banners. Opening banners shall be allowed from two (2) weeks prior to opening
until one (1 ) month after opening. Banners shall be located on building walls.
21-450.06 - Si2na2e Performance Standards
Only permanent durable materials allowed and must be maintained. Signs should be executed bv
a qualified, professional sign maker: homemade signs are prohibited.
21-450.07 - Exempted Si2ns
Real estate signs and construction signs shall meet Land Development Code standards.
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21-450.08 - Prohibited Si2ns
Rev. 04-04 (Land Development Code)
XVIII-12
a.
Signs that are prohibited in the Indian River Boulevard Corridor include animated signs.
billboards. off-site signs. flashing signs. snipe signs. portable signs (trailer signs). beacon
lights. bench signs. trash receptacle signs. gutter signs. signs on public property. immoral
display. obstruction. streamers. spinners and pennants. Roof signs are prohibited.
No advertising or signage is allowed on any exposed amenity including. but not limited to.
benches. trash containers and fences.
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b.
21-450.09 - Sil!n Illumination
a. Sign lights shall be focused. directed. and so arranged as to prevent glare or direct
illumination or traffic hazard from said lights onto residential districts or onto the abutting
roadways. No objectionable glare shall be directly visible from a public way or residential
zone.. Illuminated signs shall provide shielding from any source of illumination other than
neon.
b. Any externaL above-ground light source shall be located and hidden within the sign planter
bed. Light sources located outside the sign planter bed shall be in a burial fixture.
21-450.10 - Prohibited Lil!htinl!
a. No flashing or pulsating light shall be permitted on any sign. No sign shall be permitted
which involves lighting or motion resembling traffic or directional signals. warnings or other
similar devices. which are normally associated with highway safety or regulations. In
addition. no sign shall be permitted which constitutes a safety hazard or hindrance because
oflight. glare. focus. animation. flashing or intensity of illumination. Lighted signs shall be
designed and located so as to prevent direct glare or hazardous interference of any kind to
adjoining streets or properties. High intensity lights such as beacon lights. spotlights or 0
floodlights shall not be permitted in the Indian River Boulevard Corridor.
b. No prisms. mirrors or polished reflecting surfaces shall be used for purpose of augmenting
intensity of light sources and no hi-intensity lights or stroboscopic lights or effect is
permitted.
.L. No more than forty-five (45) milli-amperes on high voltage side of neon transformer
shall be permitted.
2. Maximum wattage of incandescent bulbs shall be limited to eleven (11) watts.
1:. A maximum of sixty (60) milli-amperes shall be permitted on neon tubing.
4. Letters or border decoration of buildings with a maximum of eleven (11) watt
maximum incandescent bulbs shall be permitted.
~ Strip lighting includes lighting used to outline a structure or any part thereof and
shall be prohibited. Streamer lights and/or neon strip lighting shall be prohibited
above the roof level of any building. Strip lighting. as referred to here. shall not
include Christmas decorations and related lights.
SECTION 21-460 - NONCONFORMING STRUCTURES
21-460.01 - Existinl! Nonconforminl! Structures
These guidelines apply to buildings and structures. Further. any structure which is lawfully existing
when these regulations are adopted (or amended). and which does not conform with all the
provisions of these regulations may remain and be continued subject to the following regulations:
.L.
The intent and purposed of these nonconforming structure provisions shall be to
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Rev. 04-04 (Land Development Code)
XVill-13
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improve and otherwise encourage such structures to be redeveloped and revitalized
in ways that conform with these regulations to the greatest extent feasible.
Therefore. such structures. may be used. enlarged. replaced. altered. and/or expanded
subject to the following:
Such use. enlargement. replacement. alterations. expansions and/or extension is
approved (as a conditional use/special exception/administrative variance) by the
Planning and Zoning Board under the procedures of these regulations.
All applications shall be subject to all appropriate safeguards and conditions
necessary to ensure that any such approval will not be contrary to the public interest.
the intent of these Indian River Boulevard Design Guidelines or injurious to the
specific area in which the existing nonconforming structure is located.
All applications shall provide complete and written justification regarding anv
provisions of these regulations that the applicant believes cannot be fully complied
with. Such justification shall not include monetary considerations.
Under no circumstances shall the provisions ofthis section be construed to mean that
any existing nonconforming structure may be changed. or that anv provision.
requirement and/or regulation contained within these regulations can be waived or
reduced which can reasonably be complied with by the applicant. The provisions of
this Section shall not be construed and/or applied in such a manner as to permit the
enlargement. replacement. alterations. expansion and/or extension of any existing
nonconforming structure without justifiable reasons based on a legally existing and
nonconforming status: that would result in any undue hardship or injurious activitv
that would deprive adjacent individual property owners of their property rights: or
that would be detrimental to the area surrounding the nonconforming premises in
general.
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21-460.02 - Guidelines For NonconforminQ Structures
a. No nonconforming structure shall be enlarged. replaced or altered in any way which
increases it nonconformity except in conformance with these regulations:
b. It is further stated that any alterations. replacement or modification of the exterior of a
nonconforming structure shall comply with these design guidelines to the maximum extent
feasible:
c. Nonconforming structures may be restored to a safe condition if declared unsafe. providing
that such restoration does not constitute more than fifty-percent (50%) of the structure's
appraised fair market value:
d. If damaged by more that fifty-percent (50%) of its appraised fair market value. a
nonconforming structure shall not be restored except in conformance with these regulations.
e. Nonconforming structures may have normal repair and maintenance performed to permit
continuation of the nonconforming structure.
SECTION 21-470 -RESERVED
SECTION 21-480 -RESERVED
SECTION 21-490 -RESERVED
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Rev. 04-04 (Land Development Code)
XVIII-14
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AGENDA REQUEST
Date: April 6, 2004
PUBLIC
HEARING
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RESOLUTION
ORDINANCE April 19. 2004
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2004-0-21
Edgewater Harbor, LLC, requesting the Official Zoning
Map amendment from Volusia County I-3W (Waterfront
Industrial) to City RPUD (Residential Planned Unit
Development) for approximately 60 acres of property
located at 4115 S. US Highway 1.
PROPOSED USE: Marina, marina related facilities and high-density residential (condominiums) use to be
known as Edgewater Harbor
LOCATION: 4115 S. US Highway 1 (Pill # 8538-01-00-0100)
AREA: 60::l: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Industrial
ZONING DISTRICT: Volusia County I-3W (Waterfront Industrial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
North Hacienda Del Rio Commercial with Conservation B-3 (Highway Commercial),
residential development Overlay, V olusia County - Urban Volusia County MH-l W
Medium Intensity (Mobile Home Park)
East Indian River Indian River Indian River
South Boston Whaler V olusia County - Industrial Volusia County I-3W
(Waterfront Industrial)
West Vacant Volusia County -Industrial Volusia County 1-1 (Light
Industrial) & 1-4 (Industrial
Park)
RZ-0406 - Edgewater Harbor
Background 0
The owner of this property is Edgewater Harbor, LLC. The property is the former site of Pre-Stressed
Concrete. The attached PUD Agreement specifically addresses, but is not limited to the following:
· Permitted Uses
· Summary of Uses - (580 Condominium units (~ax.), 100,000 square feet retail/commercial (max.),
100 slip marina)
· Building separation and setback requirements
· Access roads
· Storm water
· Signage
· Irrigation
· Public Facilities
· Impact fees
· Permit Requirements
· Development Requirements
Land Use Compatibility
The proposed land use will provide a suitable transition and buffer between the residential use to the north and
the industrial use to the south.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I.
The City of Edgewater has verified that potable water is available along U.S. 1 and that sufficient water
capacity exists for this project.
This project will have wastewater treated at the County's Southeast V olusia Regional Wastewater Treatment
Plant and is conveyed via a force main. County staffhas indicated that there is adequate wastewater treatment
and disposal capacity for this project.
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A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with
current level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the
proposed project must be addressed and corrected prior to construction.
Natural Environment
The majority of the property is developed. The northern portion of this site is heavily wooded and there are
minor pockets of Live Oaks and Sand Live Oaks.
Prior to any development, a detailed environmental impact study must be provided. The developer must also
obtain all required State, County, and City permits prior to any construction. The developer has provided a
Phase I and Phase II environmental assessment concerning possible contamination. There has been no
indication of contamination found on-site during either phase of the environmental assessment.
Comprehensive Plan Consistency
The Future Land Use on this property is currently in amendment process with the State of Florida Department
of Community Affairs. The proposed City Future Land Use is Mixed Use with Conservation Overlay. A
mixed use of residential and commercial, including the marina, is a desirable transitional use, as this parcel has
residential to the north (Hacienda Del Rio) and industrial to the south (Boston Whaler). The type of transition
is addressed in Policy 1.5.4 of the Future Land Use in the City of Edgewater Comprehensive Plan.
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RZ-0406 - Edgewater Harbor
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STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2004-0-21, for the Official Zoning Map amendment to include
60:1: acres of property located at 4115 S. US Highway 1 as RPUD (Residential Planned Unit Development). .
ACTION
Motion to approve Ordinance No. 2004-0-21, for the Official Zoning Map amendment to include 60:1: acres of
property located at 4115 S. US Highway 1 as RPUD (Residential Planned Unit Development).
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
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DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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Robin Matusick
Paralegal
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City Manager
RZ-0406- Edgewater Harbor
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TillS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esquire
FOLEY & LARDNER
111 North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
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AFTER RECORDING RETURN TO:
Robin L. Matusick; Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW ATER
P.O. Box 100
Edgewater, FL 32132-0100
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
EDGEW ATER HARBOR DEVELOPMENT
THIS AGREEMENT is made and entered into this
day of
, 2004 by
and between, the CITY OF EDGEW ATER, FLORIDA, a municipal corporation, whose mailing
address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred
to as "City") and EDGEW ATER HARBOR, LLC, a Florida Limited Liability Company, with
Hawk McMillan as the authorized agent, whose address is 2 Jungle Hut Road, Suite 2, Palm Coast,
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Florida 32137 (hereinafterreferred to as "Developer") and who has authorized Gierok Engineering,
with Kathleen N. Gierok as the authorized agent, as Edgewater Harbor Engineer of Record. The
purpose ofthis Agreement is to define the terms and conditions granting the development approval
of the subject property.
NOW, THEREFORE, in consideration ofthe agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 59.94 acres located East of U.S.
Highway Number 1, V olusia County, Florida (hereinafter referred to as Property). The legal
description of the Property is attached hereto as Exhibit "A" - Legal Description. The Record
(Agreement/Zoning - Edgewater Harbor)
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owner of the subject Property is Edgewater Harbor, LLC.
2. DURATION OF AGREEMENT
The duration ofthis Agreement shall be perpetual and run with the title to the Property. The
Developer shall commence construction of Edgewater Harbor as defined by the Master Plan, dated
March 2004 (Exhibit "B" included herein), within two (2) years of the effective date of this
Agreement. Developer's failure to initiate construction within the time frame identified herein may
result in the City's termination ofthe Agreement. The City acknowledges that this project may be
developed in phases. The foregoing deadline for commencing construction shall apply only to the
contruction of the initial phase. For purposes of this Agreement, construction shall be deemed
commenced on the Developer's beginning excavation and site work necessary for construction of
the development. The City, at its sole option, may extend the deadline for commencing
construction. All development must be consistent with the Master Plan and must be approved by
City Council (in the form of a preliminary plat or site plan approval) prior to commencement of any
authorized work. Final Construction Plan approval shall include, but not be limited to utilities,
stormwater, traffic, fire rescue, pedestrian systems, street lighting, law enforcement, environmental,
solid waste containment, and planning elements, including landscaping, signage and pavement
markings.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the Property subject to the terms ofthis Agreement
and in accordance with the City of Edgewater' s current Land Development Code. The Developer
further agrees that all development will be consistent with the Edgewater Harbor Master Plan dated
March 2004 (Exhibit "B"), or such subsequent Master Plan as may be approved by the. City. The
Master Plan generally includes multi-story residential condominiums and public-access waterfront
(Agreement/Zoning - Edgewater Harbor)
2
commercial/retail space, including a restaurant, a dry-stack boat storage building and marina. With
respect to any conflict between the City of Edgewater's current Land Development Code and this
Agreement, the provisions of this Agreement shall govern. Edgewater Harbor shall be developed
consistent with the City's development procedures. Final proj ect approval may be subj ect to change
based upon final environmental, permitting. As described in Section 3.F. of this document, the
developer will establish a Condominium Association for the residential portion of this project and
a Property Owner Association for the commercial portion ofthis project (hereinafter referred to as
Associations).
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SITE DATA
Overall Site Commercial Residential
Total Land Area Approx. 20 acres Approx. 40 acres
Approved Zoning RPUD RPUD 0
Approved Land Use Designation Mixed Use Mixed Use
Maximum Number of Units 100,000 s.f. 580 Units
Required Open Space 30% 30%
Maximum Building Height 60' 95'
Maximum hnpervious Surface
Area (Overall Site) 70% 70%
Number of Wet Marina Slips 100
Proposed Impervious Surface Area
Right-of-way (Roadways, Parking,
Sidewalks) 6.8 acres 6.5 acres
Building Pad 2.3 acres 6.5 acres
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(Agreement/Zoning - Edgewater Harbor) 3
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Retention Ponds
Minimum Living Area
Maximum Building Coverage
BuUdin!! Setbacks
North Property Line
East Property Line
South Property Line
West Property Line
i. 5 acres
55%
i. 1 0 acres
1,200 s.f.
55%
NA
20 ft. road, 75 ft. bldg.
20 ft.
10 ft.
NA.
20 ft. road, 75 ft. bldg.
NA
150 ft.
40'
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Minimum BuUdin!! SeDaration Requirements
Building separations will comply with the current Florida Building Code and applicable Fire
Code.
Parkin!!
Required Spaces
A. Roads
There shall be one access/entrance permitted from U.S. 1 to service Edgewater Harbor, with
1 sp./250 s.f.
1.5 sp.unit + 5% additional
a minimum right-of-way width of eighty (80) feet. Right turn and left and left turn lanes will be
required on U.S.l. The existing left turn land and a traffic signal at the entrance will be
modified/added at the cost of Edgewater Harbor, LLC, if a traffic study proves an upgrade to be
necessary. The project will also be permitted one (1) emergency service access from U.S. 1. The
main private residential roadway shall have a minimum right-of-way width of fifty (50) feet. All
roadways shall be designed to the City's Land Development Code standards.
There will exist one (1) ungated public-access main road to serve the commercial facilities
and one private-access gated road for residents and authorized guest to access the residential
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(Agreement/Zoning - Edgewater Harbor)
4
buildings and facilities. All interior roads, gated and ungated, shall be maintained by the respective
Associations.
B. Retention Pond( s)
The Retention Pond( s) will meet the requirements ofthe St. Johns River Water Management
District, the City, and all other jurisdicting agencies. The retention pond(s) shall be sized, designed
and permitted to treat the stormwater for the entire 59.94 acres, in accordance with the City's Land
Development Code, and have a positive outfall to the Indian River. The Ponds will be owned and
maintained by the respective Association.
C. Signage
Signage for the development along U.S.l shall conform to paragraphs 21-61.07 and 21-61.10
of Edgewater's Land Development Code for the commercial and residential developments,
respectively. The development will be allowed two (2) monument/ground signs along U.S.l -- one
(1) for the commercial development and one (1) for the residential development. Two (2) ground
signs will be allowed adjacent to the commercial facilities and the commercial parking area.
Directional, "non-advertising" signage shall be allowed throughout the development. Wall signage
for the commercial and marina facilities shall conform to the City's Land Development Code.
D. Trees/Landscaping
Landscaping for Edgewater Harbor will meet or exceed the City's Land Development Code
Tree Protection Requirements.
E. Irrigation.
All common areas and the entrance medians will be irrigated by wells or from a surface
water system upon proper permitting and approval.
F. Declaration of Covenants, Conditions and Restrictions
(Agreement/Zoning - Edgewater Harbor)
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Edgewater Harbor will develop and submit condominium, and property owner association
documents in accordance with all County, State and Federal laws, regulations, and guidelines.
G. Landscaping and irrigation plans must be submitted with final construction plans for
each phase.
4.. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Edgewater Harbor currently is being amended to Mixed
Use with Conservation Overlay. The zoning designation for Edgewater Harbor shall be RPUD .
(Residential Planned Unit Development) as defined in the City Land Development Code.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize, the City's water distribution system.
Developer agrees to connect to the City's potable system at the nearest point of connection, with a
minimum of eight inch (8") water main throughout the development. City agrees to reserve potable
water capacity within its system up to an average daily flow of 200,000 gallons per day for this
project as Developer complies with Paragraph 5.G. of this document. All water main distribution
system improvements will be installed by the Developer and conveyed to the City by Bill of Sale
in a form acceptable to the City and dedicated to the City prior to or at the time of platting or site
plan approval, or in accordance with the requirements contained in Section 5.K.6. - Bonds as it
relates to performance bonds.
B. Developer agrees to connect to and utilize, the County's wastewater transmission and
collection system. City agrees to reserve capacity within it's wastewater system, up to an average
daily flow of200,000 gallon per day for this project, as Developer complies with Paragraph 5.G. of
this document. All wastewater collection and transmission system improvements will be installed
.
by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and
(Agreement/Zoning - Edgewater Harbor)
6
dedicated to the City prior to or at the time of platting or in accordance with the requirements
contained in Section 21-165 of the Land Development Code.
C. The City has determined that reclaimed water is unavailable and will not be available
in the foreseeable future.
D. All electrical services will be underground.
E. Interior Roadway improvements and all associated rights-of-way shall be privately .
maintained by the respective Associations.
F. Off-site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization), if any, are the Developer's responsibility
and shall meet all City, Comity and/or State requirements and approval.
G. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - Paid to City by applicant at the time ofFDEP Capacity Reservation (permit).
Sewer - Paid to City by applicant at the time ofFDEP Capacity Reservation (permit).
Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit
application.
City Road Impact Fee - Paid to City by applicant at the time of Building Permit Application.
V olusia County Impact fees for Roads and Schools - Paid at City Hall by applicant prior to
a Building Certificate of Occupancy.
The amount of all required impact fees shall be at the prevailing rate authorized at the time
of building permit application.
H. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
(Agreement/Zoning - Edgewater Harbor) 7
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1. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
J. Developer agrees to reimburse the City of Edge water for direct costs associated with
the legal review, engineering review and construction inspection related to the Edgewater Harbor
development approval and the construction of required infrastructure improvements and the review
and approval of the final plat.
K. The developer shall provide all public facilities to support this project including the
following:
1.
2.
3.
4.
Water Distribution System including fire hydrants.
Sewage Collection and Transmission System.
Stormwater collection/treatment system.
Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the Project. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
Developer is responsible for recordation of plat upon approval by the City of
Edgewater.
If developer desires to plat prior to installation and dedication of infrastructure, a
Performance Bond shall be required for 110% of the costs of all requirement
improvements. A Maintenance Bond equal to 10% of the cost of the infrastructure
improvements shall be provided to the City prior to recording ofthe Final Plat. The
Maintenance Bond shall be in effect for a two (2) year period.
The Developer shall provide a recreation jogging path with a natural surface cover
in lieu of sidewalks. Pedestrian circulation systems shall be maintained by the
5.
6.
7.
. (Agreement/Zoning - Edgewater Harbor)
8
respective Associations.
8. Street Lighting shall be maintained by the respective Associations and be installed
by the Developer at time of infrastructure or prior to the issuance of the Certificate
of Occupancy for each building.
L. Recreational Facilities
The Developer agrees to construct a recreational facility accessible to residents to include
a pool, cabana, landscaping, irrigation, lighting and parking.
6. CONSISTENCY OF DEVELOPMENT
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The City agrees to issue the required permits for the development in the manner defined in
the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive
Plan and Land Development Code.
7.
DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, by warranty deed and title insurance
free and clear of all liens and encumbrances, all utility easements as required. All roadways
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accessing public areas will be deeded to the City. Roadways servicing the residential community
only will remain privately owned and maintained by the Condominium Association. Law
enforcement, Fire protection and other emergency services, and trash collection will be provided by
the City of Edgewater throughout the Edgewater Harbor Development.
8. PERMITS REQUIRED
The Developer will obtain the required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, St. Johns River Water
(Agreement/Zoning - Edgewater Harbor)
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Management District, Army Corps of Engineers, and Florida Fish and Wildlife
Conservation Commission.
2. City of Edgewater - Rezoning, Subdivision Plat and/or Site Plan approval,
Subdivision Construction Plan approval, all applicable clearing, removal,
construction and building permits.
3. This site may require a Volusia County Environmental Permit.
4. 100 year flood elevation for the Indian River is 7.0 feet. Minimum finished floor
elevation shall be 8.0 feet.
9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment, or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived, or as expressly provided or in this
Agreement.
Development standards shall be those ofthe City except as designated in this Agreement and
in the Master Plan.
Developer shall establish a mandatory Condominium Association for the purpose of
maintaining the residential property and enforcing applicable covenants and restrictions. The
mandatory Condominium Association will be responsible for the street lighting and pedestrian
circulation system requirements that result from the proj ect including payment to Florida Power and
Light for installation, maintenance and power consumption, the maintenance ofthe stormwater areas
(Agreement/Zoning - Edgewater Harbor)
10
within the residential portion of Edgewater Harbor, common area tracts as depicted on the plat, 0
pedestrian systems, and private streets within the gated community. The Condominium Association
documents, including applicable articles of incorporation; covenants and restrictions; and by-laws
shall be reviewed and approved by the City prior to Final Plat and/or Site Plan 'approval.
Developer shall establish a mandatory Property Owner's Association for the commercial
properties for the purpose of maintaining the public-access property and enforcing applicable
covenants and restrictions. The mandatory Property Association will also be responsible for the
street lighting requirements that result from the project including payment to Florida Power and
Light for installation, maintenance and power consumption, the maintenance ofthe stormwater areas
within the public-access portions of Edge water Harbor, common area tracts as depicted on the plat,
pedestrian systems and public-access streets within Edgewater Harbor. The Property Owner's
Association documents, including applicable articles of incorporation; covenants and restrictions;
and by-laws shall be reviewed and approved by the City prior to Final Plat and/or Site Plan approval
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10. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such, conditions, terms, restrictions, or other requirements
determined to be necessary by the City for the public health, safety, or welfare of its citizens.
11. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal,
the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot
resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City
Council is the final authority concerning this Agreement, subject, however, to the parties' rights to
invoke the remedies provided below.
(Agreement/Zoning - Edgewater Harbor)
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12.
PERFORMANCE GUARANTEES
During the term ofthis Agreement regardless of the ownership ofthe Property, the Property
shall be developed in compliance with the terms ofthis Agreement and applicable regulations ofthe
City not inconsistent with, or contrary to, this Agreement.
13. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
. Court in V olusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good faith
compliance with the terms ofthis Agreement. If the City finds on the basis on competent substantial
evidence that there has been a failure to comply with the terms of this Agreement, subject to
Developers' right to cure provided below, the Agreement may be revoked or modified by the City.
Notwithstanding any other provision of this Agreement, if City at any time concludes Developer is
in default of a covenant or obligation of this Agreement, City shall notify Developer in writing of
the claimed default, and Developer shall have the right to cure the default within thirty (30) days
after receipt of City's notice. Developer shall not be deemed in default hereof, and City shall invoke
(Agreement/Zoning - Edgewater Harbor)
12
no remedies, if Developer cures the claimed default within those thirty (30) days. Further, if the
default is of such a nature that it cannot be cured through the exercise of reasonable diligence within
thirty (30) days, then Developer shall not be deemed in default hereof, and City shall invoke no
remedies, if Developer commences in good faith to cure the default within thirty (30) days after
receipt of City's notice, and thereafter cures the default with reasonable diligence.
16. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18.
AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties only
in writing by formal amendment.
19. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each shall
execute and deliver to the other party such further documents and instruments, in form and substance
reasonably necessary to confirm and/or effectuate the obligations of either party hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance. Further, Developer shall have the right to
(Agreement/Zoning - Edgewater Harbor)
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challenge City actions and decisions in accordance with Chapter 163, Florida Statutes and the
Florida Rules of Appellate Procedure.
21. ATTORNEYS' FEES
. In the event that either party finds it necessary to commence an action against the other party
to enforce any provision of this Agreement or because of a breach by the other party of any terms
hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's
fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate
levels, including bankruptcy proceedings, without regard to whether any legal proceedings are
commenced or whether or not such action is prosecuted to judgment.
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portion hereof.
(Agreement/Zoning - Edgewater Harbor)
14
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA
Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantJParalegal
(Agreement/Zoning - Edgewater Harbor)
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Witnessed by:
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
EDGEW ATER HARBOR, LLC (OWNER)
Hawk McMillan
Title:
Dated:
The foregoing instrument was acknowledged before my on this day of 2004, by
HAWK McMILLAN who has authority to execute this document on behalf of EDGEW ATER
HARBOR, LLC and who has produced as identification and who
did (did not) take an oath.
(Agreement/Zoning - Edgewater Harbor)
Notary Public
Stamp/Seal:
16
EXHIBIT "A"
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LEGAL DESCRIPTION
(Official Record 2766, Page 307, Per Volusia County, Florida.)
That part of the South 924.00 feet as measured on the East Right-of-Way line of U.S. Number 1
Highway of lots One (1), Four (4) and Twenty-Two (22), Assessor's Subdivision of the C.E.
McHardy Grant as recorded in Map Book 3, Page 152 of the Public Records of Vol usia County,
Florida, lying North of Riverfront Estates Subdivision as recorded in Map Book 19, Page 18, of the
Public Records of V olusia County, Florida, and that part of Sections 13 and 24, Township 18 South,
Range 34 East, lying East of U.S. Number 1 Highway and between the described property.
Containing 59.94 acres more or less and being in Volusia County, Florida.
General Notes:
1.
2.
Legal description from June 19, 1969 survey by W.E. Swoope Jr., R.L.S. #417
Bearing structure shown based on bearing of South property line per above 1969
survey.
Warranted deed as shown per Official Record 2766, Page 307 per Volusia County, 0
Florida.
There may be additional information found in the public records of V olusia County,
Florida. No Title information provided.
Land containing 59.94' acres more or less.
Mean high water line as shown Elev. = 1.14 N.G.V.D. 1929 per sler (0960) an
interpolation from topographic survey Upham File #D-188 for waiver of survey
requirements for public easement 06/21/1999. This line has not been revised in the
current survey.
3.
4.
5.
6.
(Agreement/Zoning - Edgewater Harbor)
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AGENDA REQUEST
Date: March 31, 2004
PUBLIC
HEARING
ORDINANCE
RESOLUTIONS
BOARD f\
APPOINTMENT April ~ 2004 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Laura Reilly of the Firefighters' Pension Fund Board for re-election on the Firefighters' Pension
Fund Board.
BACKGROUND:
Laura Reilly currently holds a position appointed by City Council.
Membership of the Firefighters' Pension Board consists of five (5) members; two voted by the
membership, two appointed by Council, and one appointed by the other four (4) Board members.
STAFF RECOMMENDATION:
Approval of Laura Reilly's re-appointment by City Council to the Firefighters' Pension Fund
Board.
ACTION REQUESTED:
Motion to reappoint Laura Reilly to the Firefighters' Pension Fund Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
N/A
AGENDA ITEM NO.:
Re,spectfully su
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Agenda.request.form.rev.2/1612000
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TO EDGEWATER FIRE DEPT. PENSION FUND BOARD MEMBERS:
I AM CURRENTLY SERVING ON THE BOARD AND WOULD LIKE TO BE CONSIDERED TO
CONTINUE FOR ANOTHER TERM.
I ENJOY SERVING ON THE BOARD AND WE HAVE ALOT TO FINISH.
THANK YOU FOR YOUR CONSIDERATION IN ADVANCE.
SINCEREL Y,
LAURA A REILLY
2101 S RIVERSIDE DR
EDGEWATER, FL 32141
(386) 427-4012
LAREILL Y JR\a>.AOL.COM
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AGENDA REQUEST
Date: 4/1/04
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
xx
ITEM DESCRIPTION:
State of Florida Department of Transportation (FDOT)
DesignlBuild Utility Agreement (FPI No. 411809-1-52-01)
Resurfacing ofI-95 from 4.681 miles South ofS.R. 442 to
0.701 miles South ofS.R. 400 (1-4) 20.6 miles
BACKGROUND:
Although there are no apparent City utility conflicts associated with this
FDOT resurfacing project, the City is being requested by FDOT to
execute the DesignlBuild Utility Agreement to ensure coordination and
communication between all governmental entities impacted by this project.
STAFF RECOMMENDATION:
Staff recommends entering into the DesignlBuild Utilities
Agreement with FDOT for the 1-95 resurfacing project. (FPI No.
411809-1-52-01).
ACTION REQUESTED:
A motion to authorize the Mayor or City Manager to sign the
DesignlBuild Utility Agreement with FDOT for the 1-95 resurfacing
project, FPI No. 411809-1-52-01.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~,\0~'&~
Department irector
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Robin M~!J1sick, Paralegal ~
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Kenneth R. Hooper
City Manager
C:\MyDocirnents\TerrysFiles\AgendaRequest
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TBE GROUP, INC.
407.629.710
Fax: 407.629.71
www.tbegroup.com
G! 718 S. North Lake Boulevard . Suite 1020 . Altamonte Springs. FL 3270 I
February 10,2004
City Of Edgewater
Mr. George McMahon
409 Mango Tree Drive
Edgewater, Florida 32132
RE: PRELIMINARY DESIGNIBUILD CONTACT
FPI No. 411809-1-52-01
County V olusia
State Road 9
From 4.681 mi. South of SR 442 (Edgewater Dr) to
0.701 mi South of SR 400 (1-4)
Dear Mr. McMahon:
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The Department has determined the above referenced project will be Design Build. It is our desire to
promote a higher degree of liaison between the Department and City Of Ed2:ewater for the
coordination, planning and adjustment of your facilities involved with the construction of our roadway
projects. To better coordinate the disposition of your utility facilities, a new Agreement has been
developed for this effort.
Enclosed you will find a copy of the Design Build Utility Agreement for the above referenced project.
We will be calling you to discuss the advantages and disadvantages of this agreement. Please have this
Agreement reviewed by your legal office prior to this call to discuss any issues you may have.
This Agreement along with other documentation must be incorporated in the Request for Proposal
package, prior to the Long list of Contractors that will take place on 5/13/2004. Therefore, this
agreement must be signed by an authorized individual for City Of Ed2:ewater and returned to my
office no later than 4/30/04. Any agreement received after this date will not be executed by the
Department, nor included in the contractor's package.
The official start date occurs when the Design Build Firm executes the Contract, which is scheduled for
8/10/04.
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J :\0609500400\0609500431\Doc\City of Edgewater\coeDesignBuildLetter.gm.doc
Civil Engineering · Construction Management · Subsurface Utility Engineering · Transportation
-;
U Should you have any questions or need additional information, please contact me at (407) 629-7144.
Sincerely,
TBE Group, Inc.
pj~~
Utility Coordinator
Pay
Attachment: Design Build Utility Agreement
cc: Mr. Roy Brantley, District Utility Manager, MS 2-546
Ms. Jennifer Vreeland, PE, Interstate Project Manager MS 1-543
Mr. Robin Wolf, City of Edgewater
File - TBE
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J :\0609500400\0609500431 \Doc\City of Edgewater\coeDesignBuildLetter.gm.doc
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Interim Agreement
Utilities
05/02
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Financial Project 10: 411809-1-52-01 Federal Project ID:
Work Program Item No. (old): County/Section No: Volusia
State Job No. (old): District Document No: 1
DESIGN/BUILD UTILITY AGREEMENT
THIS AGREEMENT, entered into this _day of , year of _' by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FOOT', and
City of Edgewater , hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the UAO owns certain utility facilities which are located on a public road or publicly owned
rail corridor, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the
same may be relocated, adjusted, or placed out of service); and
WHEREAS, the FOOT is currently engaging in a project which involves constructing, reconstructing, or
otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor
identified as 1-95 fr 4.681 mi So of SR 442 (Edgewater Dr) to 0.701 mi So of SR 400 ,State Road No. SR 9
hereinafter referred to as the "Project"; and
WHEREAS, the Project may require the location (vertically and/or horizontally), protection, relocation, 0
installation, adjustment, or removal of the Facilities, or some combination thereof, hereinafter referred to as
"Utility Work"; and
WHEREAS, the FDOT has decided to use the design/build process to complete the Project; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and
conditions applicable to the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the
FDOT and the UAO hereby agree as follows:
1. Pre-bid Coordination
a. The UAO shall, on or before 4/17/04 . determine the location of the UAO's
Facilities within the limits of the Project in accordance with the requirements of the FOOT's
Utility Accommodation Manual, gather that information at a single reasonable place selected
by the UAO, and advise the FDOT in writing of the plac~ and the name and telephone number
of a contact person for the UAO who has charge over the information.
b. Upon being presented with a copy of the notification from the FDOT of being short listed for the
Project, the UAO shall allow entities short listed for the Project to review, at reasonable times,
the information on the location of the Facilities at the place identified pursuant to subparagraph
1.a. above.
Page 1 of 13
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Interim Agreement
Utilities
05/02
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
. DESIGN/BUILD UTILITY AGREEMENT
c. The UAO shall also permit the short listed entities to obtain copies of the location information.
If the UAO cannot make copies for the short listed firm, the UAO shall cooperate with the
d. short listed firm in getting copies made elsewhere. All copies, regardless of where made, will
be at the expense of the short listed firm.
2. Relationship with Design/Build Firm
a. The UAO's relationship with the design/build firm under contract to the FOOT (hereinafter
referred to as the "FIRM") can consist of one of the following arrangements:
(1) The UAO performs all design and construction services for the Utility Work (hereinafter
referred to as "Arrangement 1").
(2) The UAO performs all design services and the FIRM performs all construction services
for the Utility Work (hereinafter referred to as "Arrangement 2").
(3) . The FIRM performs all design and construction services for the Utility Work
(hereinafter referred to as "Arrangement 3").
b.
The following steps shall be used to establish which arrangement described in subparagraph
2.a. will apply:
(1) The FIRM shall notify the UAO in writing that it will be performing the Project within
five (5) days of entering into the contract with FOOT. The notice shall state which of
the Arrangements described in subparagraph 2.a. above the FIRM desires to have with
the UAO.
(2) Within3.Q days of the date of the notice from the FIRM described in subparagraph
2.b.1. above, the UAO shall respond in writing to the FIRM stating which of the
Arrangements described in subparagraph 2.a. above the UAO desires to have with the
FIRM.
(3) If the UAO and the FIRM do not agree in writing within ~ days from the notice from
the FIRM described in subparagraph 2.b.(1) above as to which Arrangement to have,
the Arrangement will automatically be Arrangement 1.
(4) If Arrangement 2 or Arrangement 3 are agreed upon and the Utility Work will be at
the UAO's expense under subparagraph 4 herein, the Arrangement will automatically
be converted to Arrangement 1 if amount to be paid by the UAO to the FIRM cannot
be agreed upon between the UAO and the FIRM.
(5) The UAO shall provide copies of all correspondence between the UAO and the FIRM
to FOOT relating to Section 2, relationship with Design/Build Firm.
3.
Performance of Utility Work
Page2of13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
o
DESIGN/BUILD UTILITY AGREEMENT
The following procedures shall apply to performance of the Utility Work based on which Arrangement is
established pursuant to subparagraph 2 of this Agreement:
a. Arrangement 1
(1) At such time as the FIRM-has its plans for the phase or segment of the Project (the
"Project Plans") prepared to a level where the impact on the UAO'sFacilities and the
nature and extent of the Utility Work can be determined, the FIRM will provide a copy
of the plans to the UAO.
(2) The UAO shall have ~ days from receipt of the Project Plans to mark a preliminary
Utility Work design concept on the Project Plans and return the marked Project Plans
to the FIRM.
(3) The FIRM shall have -2- days from receipt of the marked Project Plans to review the
design concept and return comments to the UAO.
(4)
The UAO shall have a reasonable amount of time to prepare and return to the FIRM
plans for the Utility Work (the "Utility Plans") and a Utility Work Schedule (the
"Schedule") for the Utility Work. If the Utility Work is at the FIRM'sexpense, the
UAO shall also prepare a detailed cost breakdown for the Utility Work (the
"Estimate"). The Utility Plans, Schedule, and Estimate shall be prepared based on
the comments received from the FIRM. The reasonableness of the time allowed
shall be based on the nature and amount of Utility Work required, and the FIRM's
schedule for the Project. Matters unique to the UAO and its resource allocations
shall not be taken into consideration.
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(5) In the event that the FIRM finds any deficiencies in the Schedule, the Estimate, or the
Utility Plans, the FIRM will notify the UAO in writing of the deficiencies and the UAO
will correct the deficiencies and return corrected documents within the time stated in
the notice.
(6) After receipt of a corrected Schedule, Estimate, and Utility Plans, the FIRM will issue
a work order to the UAO which authorizes the Utility Work to proceed upon the UAO
obtaining an FOOT utility permit, if applicable.
(7) The UAO shall perform the Utility Work in accordance with the Schedule and the
Utility Plans. Time shall be of the essence in complying with the total time shown by
the Schedule for the Utility Work as well as any and all interim time frames specified
therein. The Utility Work shall be performed in a manner and using such methods so
as to not cause a delay to the FIRM in the prosecution of the Project. The UAO shall
be responsible for all costs incurred as a result of any delay to the FIRM caused by
errors or omissions in the Utility Plans, Schedule, or Estimate (including inaccurate
location of the Facilities); failure to perform the Utility Work in accordance with the
Utility Plans and Schedule; or failure of the UAO to comply with any other obligation
under this Agreement or under the law.
Page 3 of 13
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710..Q10-18
Utilities
05/02
DESIGN/BUILD UTILITY AGREEMENT
(8) All Utility Work shall be performed by UAO's own forces or its contractor. The UAO
shall be responsible for obtaining any and all permits that may be necessary to
perform the Utility Work unless otherwise specifically agreed to in writing. The FOOTs
Engineer (as that term is defined by the FOOT's contract with the FIRM) has full
authority over the Project, and the UAO shall be responsible for coordinating and
cooperating with the FOOT's Engineer as well as the FIRM. In so doing, the UAO
shall make such adjustments and changes in the Utility Plans and Schedule as the
FOOT's Engineer shall determine are necessary for the prosecution of the Project and
shall stop work or modify work upon order of the FOOT's Engineer as determined by
the FOOT's Engineer to be necessary for public health, safety or welfare. The UAO
shall not be responsible for the cost of delays caused by such adjustments or
changes unless they are attributable to the UAO's failure to comply with its obligations
under this Agreement or under the law.
(9) The process established above shall apply separately to each phase or segment of the
Project as established in accordance with the contract between the FIRM and the
FOOT.
b. Arrangement 2
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(1 )
All steps set forth under Arrangement 1 above shall apply to Arrangement 2 except
steps (7) and (8); provided, however, that the UAO shall not be required to prepare a
Schedule and the Estimate shall be limited to the cost of design for the Utility Work
only. As part of the Utility Plans, the UAO shall prepare appropriate technical speCial
provisions for the Utility Work that shall be reviewed and revised along with the Utility
Plans as part thereof.
(2) The FIRM shall perform the Utility Work (except for the design services) in accordance
with the Utility Plans.
(3) The UAO shall be entitled to have a reasonable number of representatives on the site
of the Project to verify that the Utility Work is being properly performed by the FIRM.
c. Arrangement 3
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(1 )
At such time as the FIRM has Project Plans prepared to a level where the impact on
the UAO'sFacilities and the nature and extent of the Utility Work can be determined,
the FIRM will provide a copy of the Project Plans to the UAO. The Project Plans shall
include a preliminary Utility Work design concept.
(2)
The UAO shall have ~ days from receipt of the Project Plans to review them, and
provide comments to the FIRM.
(3)
At such time as the FIRM has prepared final Project Plans, including the Utility Work,
the FIRM will provide a copy thereof to the UAO. The final Project Plans shall
incorporate the comments of the UAO provided that the comments are reasonable and
do not impair or create inconsistencies with the FIRM's contract with the FOOT.
Page 4 of 13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
o
DESIGN/BUILD UTILITY AGREEMENT
(4) The UAO shall have ~ days from receipt of the final Project Plans to notify the
FIRM of any errors or omissions, taking into consideration the limitations on the
FIRM'sobligation to accommodate the UAO'scomments as set forth in subparagraph
c.(3) above.
(5) The FIRM shall make final corrections to the Project Plans and provide a copy thereof
to the UAO.
(6) The FIRM shall perform the construction services for the Utility Work in accordance
with the Project Plans.
(7) The UAO shall be entitled to have a reasonable number of representatives on the site
of the Project to verify that the Utility Work is being properly performed by the FIRM.
(8) The process established above shall apply separately to each phase or segment of the
Project, as established in accordance with the contract between the FIRM and the
FOOT.
4. Cost of Utility Work
a.
The Utility Work will be at the expense of the FIRM under this Agreement when the Project is
federal aid eligible pursuant to the provisions of Section 337.403(1 )(a), Florida Statutes, when a
written agreement incidental to a right-of-way acquisition process requires the FOOT to
compensate the UAO for the costs of any subsequent relocation of the Facilities, or when the
UAO holds a compensable land interest under Florida condemnation law in the existing
location of the Facilities at the time of the Project. In any other circumstances, the Utility
Work will be performed at the sole cost and expense of the UAO.
o
b. The method to be used in calculating the cost of the Utility Work to be performed by the UAO if
the Utility Work is at the cost of the FIRM and Arrangement 1 or Arrangement 2 is in place,
shall be one of the following, as specified by the UAO at the time the Arrangement is
established unless the UAO and the FIRM agree in writing to another method of determining
the cost:
(1) Actual and related indirect costs accumulated in accordance with a work
order accounting procedure established by the FOOT.
(2) Actual and related indirect costs accumulated in accordance with an
established accounting procedure developed by the UAO and approved by the
FOOT. (If this option is selected, the UAO shall provide written evidence of
such approval).
c. In determining the amount of the cost.of the Utility Work to be at the expense of the FIRM, a
credit will be required for any increase in the value of the new Facility and for any salvage
derived from the old Facility. These credits shall be determined as follows:
Page 5 of 13
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DESIGN/BUILD UTILITY AGREEMENT
(1) Increase in value credit.
(a) Expired Service Life. If an entirely new Facility is constructed and
the old Facility retired, credit for the normally-expected service life of
the old Facility will be applied.
(b) Upgrading. A percentage of the total cost of the Utility Work, based
on the extent of the betterment obtained from the new Facilities will
be applied to the FIRM's obligation.
(2) Salvage Value. The FIRM shall receive salvage value credit for any salvage
which shall accrue as a result of the above Utility Work. If the construction
services for the Utility Work are being performed by the UAO, it shall be the
UAO's responsibility to ensure recovery of salvageable materials and to report
the salvage to the FIRM.
(3) The amount of the credits required above shall be determined by mutual
agreement between the UAO and the FIRM. If the UAO and the FIRM are
unable to agree on the amount of a credit, the FOOT shall determine the
amount based on historical information available to the FOOT. The FOOT's
determination of the credit amount shall be final.
5.
Payment for the Cost of the Utility Work
a. If the Utility Work is at the UAO's expense, then the UAO shall pay the FIRM an amount
negotiated between the UAO and the FIRM for construction services under Arrangement 2 and
for design and construction services under Arrangement 3.
b. If the Utility Work is at the FIRM's expense, then the FIRM shall pay the UAO under
Arrangement 1 the amounts as established pursuant to subparagraph 4.b. hereof for design
and construction services, less the credits as determined pursuant to subparagraph 4.c.
hereof.
c. If the Utility Work is at the FIRM's expense, then the FIRM shall pay the UAO under
Arrangement 2, the amounts as established pursuant to subparagraph 4.b. hereof for design
services.
d. If the Utility Work is at the FIRM's expense, then the UAO shall pay the FIRM under
Arrangement 2 and Arrangement 3 the amount of the credits as determined pursuant to
subparagraph 4.c. hereof.
e. The payments as d3scribed above shall be made under such terms and conditions as the
FIRM and the UAO agree upon. In the event that the FIRM and the UAO are unable to agree
upon payment terms and conditions, all amounts to be paid shall be due and payable within 30
days after acceptance by FOOT of the last phase or sequence of the Project on which Utility
Work of the UAO is to be performed. If both the UAO and the FIRM are to make payments to
the other, then the amounts may be offset and only the net amount due will be paid by the
Page 6 of 13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
o
DESIGN/BUILD UTILITY AGREEMENT
party owing that amount.
6. Unforeseen Work
If unforeseen work arises during the performance of the Utility Work, it shall be performed under the
Arrangement that is applicable to the Utility Work it arose in connection with. If the Utility Work is to
be performed at the expense of the UAO, the work is being performed by the FIRM under Arrangement
2 or 3, and the UAO and the FIRM cannot agree on a price for the unforeseen work, the amount the
FIRM will be paid for the unforeseen work will be determined through the same method as additional
work is paid by FOOT under FOOT's contract with the FIRM. If the unforeseen work does not arise in
connection with other Utility Work, it shall be treated as a separate phase or segment of the Project
under this Agreement. The FOOT reserves the right to make the final determination as to whether any
unforeseen work must be performed and the UAO shall be obligated to comply with FOOT's
determination. .
7. Out of Service Facilities
No Facilities shall be left in place on FOOT's Right of Way after the Facilities are no longer active
(hereinafter "Placed out of Service/Deactivated"), unless specifically allowed by FOOT in advance, in
writing. The following terms and conditions shall apply to Facilities Placed out of Service/Deactivated,
but only to said Facilities Placed out of Service/Deactivated:
a.
The UAO acknowledges its present and continuing ownership of and responsibility for Facilities
Placed out of Service/Deactivated.
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b. The FOOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory performance of the conditions of this Agreement by UAO. In the event
of a breach of this Agreement by UAO, the Facilities shall be removed upon demand from the
FOOT in accordanca with the provisions of subparagraph 6. e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe
in accordance with any and all applicable local, state or federal laws and regulations and in
accordance with the legal duty of the UAO to use due care in its dealings with others. The
UAO shall be solely responsible for gathering all information necessary to meet these
obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited
to, records of the location, nature of, and steps taken to safely secure the Facilities and shall
promptly respond to information requests concerning the Facilities that are Placed out of
Service/Deactivated of the FOOT or other permitees using or seeking use of the right of way.
e. The UAO shall remove the Facilities upon 30 days prior written request of the FOOT iri the
event that the FOOT determines that removal is necessary for FOOT use of the right of way or
in the event that the FOOT determines that use of the right of way is needed for other active
utilities that cannot be otherwise accommodated in the right of way. In the event that the
Facilities that are Placed out of Service/Deactivated would not have qualified for reimbursement
under this Agreement, removal shall be at the sole cost and expense of the UAO and without
Page 7 of 13
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Utilities
05/02
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DESIGN/BUILD UTILITY AGREEMENT
any right of the UAO to object or make any claim of any nature whatsoever with regard thereto.
In the event that the Facilities that are Placed out of Service/Deactivated would have qualified
for reimbursement only under Section 337.403(1 )(a) of the Florida Statutes, removal shall be at
the sole cost and expense of the UAO and without any right of the UAO to object or make any
claim of any nature whatsoever with regard thereto because such a removal would be
considered to be a separate future relocation not necessitated by the construcMon of the
project pursuant to which they were Placed out of Service/Deactivated, and would therefore not
be eligible and approved for reimbursement by the Federal Government. In the event that the
Facilities that are Placed out of Service/Deactivated would have qualified for reimbursement for
other reasons, Jemoval of the out of service Facilities shall be reimbursed by the FOOT as
though the Facilities had not been Placed out of Service/ Deactivated. Removal shall be
completed within the time specified in the FOOT'snotice to remove. In the event that the UAO
fails to perform the removal properly within the specified time, the FOOT may proceed to
perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and
337.404 of the Florida Statutes.
f.
Except as otherwise provided in subparagraph e. above, the UAO agrees that the Facilities
shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse
the FOOT for any and all costs of any nature whatsoever resulting from the presence of the
Facilities within the right of way. Said costs shall include, but shall not be limited to, charges
or expenses which may result from the future need to remove the Facilities or from the
presence of any hazardous substance or material in the Facilities or the discharge of
hazardous substances or materials from the Facilities. Nothing in this paragraph shall be
interpreted to require the UAO to indemnify the FOOT for the FOOTs own negligence; however,
it is the intent that all other costs and expenses of any nature be the responsibility of the UAO.
8. Oefault
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any
other remedies which are otherwise provided for in this Agreement, the FOOT may exercise
one or more of the following options, provided that at no time shall the FOOT be entitled to
receive double recovery of damages:
(1) Terminate this Agreement if the breach is material and has not been cured within 60
days from written notice thereof from FOOT.
(2) Pursue a claim for damages suffered by the FOOT or the public.
(3) Pursue any other remedies legally available.
(4) Perform any work with its own forces or through contractors and seek repayment for
the cost thereof under Section 337.403(3) of the Florida Statutes.
b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any
other remedies which are otherwise provided for in the Agreement, the UAO may exercise one
or more of the following options:
Page 8 of 13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
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DESIGN/BUILD UTILITY AGREEMENT
(1) Terminate this Agreement if the breach is material and has not been cured within 60
days from written notice thereof from the UAO.
(2) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from aR;' obligations it has pursuant
to other agreements between the parties, nor from any statutory obligations that either party
may have with regard to the subject matter hereof.
9. Indemnification
For Government-Owned Utilities,
To the extent provided by law, the UAO shall indemnify, defend and hold harmless the FOOT and all of
its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out
of any acts, action, error, neglect or omission by the UAO, its agents, employees, or subcontractors
during the performance of the Agreement, whether direct or indirect, and whether to any person or
property to which FOOT or said parties maybe subject, except that neither the UAO, its agents,
employees or subcontractors will be liable under this section for damages arising out of the injury or
damage to persons or property directly caused by or resulting from the negligence of the FOOT or any
of its officers agents or employees during the performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the 0
performance of services required under this Agreement, the FOOT will immediately forward the claim to
the UAO. The UAO and the FOOT will evaluate the claim and report their findings to each other within
fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the
claim, the FOOT will determine whether to require the participation of the UAO in the defense of the
claim or to require the UAO to defend the FOOT in such claim as described in this section. The
FOOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of
this section. The FOOT and the UAO will pay their own costs for the evaluation, settlement
negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial,
that party is responsible for all costs.
For Non-Government-Owned Utilities,
The UAO shall indemnify, defend and hold harmless the FOOT and all of its officers, agents and
employees from any claim, loss, damage, cost, charge or expense arising out of any acts, action,
error, neglect or omission by the UAO, its agents, employees, or subcontractors during the
performance of the Agreement, whether direct or indirect, and whether to any person or property to
which FOOT or said parties may be subject, except that neither the UAO, its agents, employees or
subcontractors will be liable under this section for damages arising out of the injury or damage to
persons or property directly caused by or resulting from the negligence of the FOOT or any of its
officers, agents, or employees during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FOOT's option, to
participate and associate with the FOOT in the defense and trial of any damage claim or suit and any
related settlement negotiations, shall arise within seven (7) days of receipt by the UAO of the FOOT's
notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by
certified mail. The UAO's obligation to defend and indemnify within seven (7) days of such notice shall
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
DESIGN/BUILD UTILITY AGREEMENT
not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates
liability and determines the UAO is not liable or determines the FOOT is solely negligent. Only a final
adjudication or judgment finding the FOOT solely negligent shall excuse performance of this provision
by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the
FOOT. The FOOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to
defend.
10. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an act of God, war, riots, natural
catastrophe, or other event beyond the control of the non-performing party and which could not have
been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse
from performance has (a) promptly notified the other party of the occurrence and its estimated duration,
(b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed
performance as soon as possible.
11.
Third Party Rights
The UAO acknowledges and agrees that the FIRM is hereby made an intended third party beneficiary of
this Agreement with full rights of enforcement under that status as if it was a party to this Agreement.
This provision is made a part of this Agreement notwithstanding Section 337.11 (1), Florida Statutes, it
being agreed by the UAO and the FOOT that said statutory provision prohibits a non-party hereto from
claiming incidental third party beneficiary rights, but does not prohibit the express creation of an
intended third party beneficiary. In addition, without limiting the provisions of any other part of this
Agreement, the UAO hereby releases the FOOT its employees from and waives its right to pursue any
claim arising out of the actions of the FIRM or the UAO's direct dealings with the FIRM, it being
understood that the UAO shall also be given intended third party beneficiary rights against the FIRM as
it relates to matters arising out of the performance under this Agreement as though the FIRM was a
party hereto.
Miscellaneous
a. If the Utility Work is at the expense of the FIRM under this Agreement and will be performed by
the UAO, the UAO shall fully comply with the provisions of Title VI of the Civil Rights Act of
1964 and any subsequent revisions thereto in connection with the Utility Work covered by this
Agreement, and such compliance will be governed by one of the following methods as
determined at the time of the issuance of the work order:
(1) The UAO will perform all or part of such Utility Work by a contractor paid
under a contract let by the UAO, and the Appendix "A" of Assurances
transmitted with the issued work order will be included in said contract let by
the UAO.
(2) The UAO will perform all of its Utility Work entirely with UAO's forces, and
Appendix "A" of Assurances is not required.
(3)
The Utility Work involved is agreed to by way of just compensation for the
taking of the UAO's facilities on i'ght-of-way in which the UAO holds a
Page lOaf 13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
o
DESIGN/BUILD UTILITY AGREEMENT
compensable interest, and Appendix "A" of Assurances is not required.
(4) The UAO will perform all such Utility Work entirely by continuing contract,
which contract to perform all future Utility Work was executed with the UAO's
contractor prior to August 3, 1965, and Appendix "A" of Assurances is not
required.
b. The Facilities shall at all times remain the property of and be properly protected and maintained
by the UAO in accordance with the then current Utility Accommodation Manual and the current
utility permit for the Facilities.
c. Pursuant to Section 287.058 of the Florida Statutes, the FOOT may unilaterally cancel this
Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or
other material subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the UAO in conjunction with this Agreement.
d.
This Agreement constitutes the complete and final expression of the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, or negotiations
with respect thereto, except that the parties understa nd and agree that the FOOT has manuals
and written policies and procedures which shall be applicable at the time of the Project and the
relocation of the Facilities. Copies of FOOT manuals, policies, and procedures will be provided
to the UAO upon request.
o
e.
This Agreement shall be governed by the laws of the State of Florida. Any provision hereof
found to be unlawful or unenforceable shall be severable and shall not affect the validity of the
remaining portions hereof.
f. Time is of essence in the performance of all obligations under this Agreement.
g. All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been
received by the end of five business days from the proper sending thereof unless proof of prior
actual receipt is provided. The UAO shall have a continuing obligation to notify each District of
the FOOT of the appropriate persons for notices to be sent pursuant to this Agreement.
Unless otherwise notified in writing, notices shall be sent to the following addresses:
If to the UAO:
City of Edgewater
409 Manqo Tree Drive
Edgewater, Florida 32132
If to the FOOT:
Florida Deoartment of Transoortation
719 South Woodland Blvd.
Deland, Florida32720
If to the FIRM, then to person first giving any notice to the iJAO under this Agreement, or such
other person as may be designated in writing by the FIRM from time to time.
Page 11 of 13
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Utilities
05/02
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DESIGN/BUILD UTILITY AGREEMENT
h. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work-as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list.
i. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a
bid on a contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity.
13.
Certification
This document is a printout of an FOOT form maintained in an electronic format and all revisions thereto
by the UAO in the form of additions, deletions or substitutions are reflected only in an Appendix entitled
"Changes To Form Document" and no change is made in the text of the document itself. Hand
notations on affected portions of this document may refer to changes reflected in the above-named
Appendix but are for reference purposes only and do not change the terms of the document. By signing
this document, the UAO hereby represents that no change has been made to the text of this document
except through the terms of the Appendix entitled "Changes To Form Document."
You MUST signify by selecting or checking which of the following applies:
~
No changes have been made to this Forms Document and no Appendix entitled "Changes
To Form Document" is attached.
D
No changes have been made to this Form Document, but changes are included on the
attached Appendix entitled "Changes to Forms Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first
written.
UTILITY: City of Edgewater
BY: (SiQnaturel
DATE:
(Typed Name:
(Typed Title:
Page 12 of 13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DESIGN/BUILD UTILITY AGREEMENT
Form No. 710-010-18
Utilities
05/02
Recommend Approval by the District Utility Engineer
BY: (SiQn~ure)
DATE:
FDOT Legal review
BY: (SiQnature)
DATE:
FDOT Legal Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (SiQnature)
DATE:
(Typed Name: NORANNE B. DOWNS
(Typed Title: DISTRICT DIRECTOR OF PRODUCTION
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY:
DATE:
(Typed Name:
(Typed Title:
Page 13 of 13
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AGENDA REQUEST
April 7, 2004
PUBLIC
HEAiuNG
ORDINANCE
RESOLUTIONS
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT /'
ITEM DESCRIPTION:
An amendment to the City's ICMA Retirement Corporation Agreement, adding a Roth IRA option.
BACKGROUND: . .
The City~s ICMA Retirement Corporation Representative presented a new option offering payroll
Roth IRAs to the City employees. A survey proved sufficient interest among the employees to
justify adding this option to our plan.
STAFF RECOMMENDATION:
Staff recommends approval of an amendment to the existing agreement between the City of
Edgewater and ICMA Retirement Corporation adding a Roth IRA payroll option for the City
employees effective May 1, 2004.
ACTION REQUESTED:
Motion to authorize the City Manager to sign the amendment to the existing agreement between
the City of Edge water and ICMA Retirement Corporation adding a Roth IRA payroll option
effective May 1, 2004.
FINANCIAL IMPACT (FINANCE DIRECTOR) None
. (SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE: April 7, 2004
AGENDA ITEM NO.
Respectfully submitted,
~r
Personnel Director
Debbie Sigler
City of Edgewater
104 North Riverside Drive
Edgewater, FI 32132
R.ECEIVED
JAN 2. 9 2004
HUMAN RESOURCES
r.
".
777 North Capitol Street. NE ~
Washington, DC 20002-4240
1-202-962-4600
FAX 1-202-962-4601
To II Free 1-800-669-7400
En Espaiiolllame aI1-800-669-Q
Internet: hl1p://www.icmarc.o
January 28, 2004
RE: Vantage point Payroll Roth IRA Program
Plan # 705374
Dear Ms. Sigler:
I am pleased that you have selected the ICMA Retirement Corporation (RC) to
offer payroll Roth IRAs to your employees.
Enclosed is everything you need to establish the Vantagepoint Payroll Roth IRA
Program:
1. Letter Aareement Addendum - This letter agreement will serve to amend
the existing Agreement between the City of Edgewater and ICMA
Retirement Corporation.
2. Vantaaepohlt,Pavroll Roth IRA Implementation Data Form - Provides
necessary iriformationto establish your Payroll Roth IRAProgram. .
3. All Emplovers must be set up on EZ Link - Electronic processing via;the.'-
Internet, . .' .'
in order to implement a Payroll Deduction Roth IRA plan.
O'
.i -~.-:: ;"
Please return the completed materials to Kecia Kelley, ICMA Retirement
Corporation, 777 North Capitol Street, NE, Washington, DC, 20002-4240.
Once the completed materials have been approved, I will send you notification
that your Vantagepoint Payroll Roth IRA Program has been established.
Thank you for your continued interest in Re. Please contact me at
1-800-326-7272 if you have any questions about adopting the Vantagepoint
Payroll Roth IRA Program.
Si.ncerely,
~A- l~
Kecia Kelley
Senior New Business Specialist
Enclosures
'0
leMA RETIREMENT CORPORATION
The Public Sector Expert
Vantagepoint securities are distributed by ICMA-RC Services, LLC., a broker-dealer affiliate of ICMA-RC, member NASD/SIPC.
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January 28, 2004
Debbie Sigler
City of Edgewater
104 North Riverside Drive
Edgewater, FI 32132
Re: ICMA Retirement Corporation Plan Number # 705374
Vantagepoint Payroll Deduct Roth IRA Program
Dear Ms. Sigler:
This letter agreement will serve to amend the existing Agreement between
the City of Edgewater and the ICMA Retirement Corporation ("RC") to provide
for payroll deduction Individual Retirement Accounts ("IRAs") for Employer's
employees ("IRA accountholders".)
The existing Agreement between Employer and RC is hereby amended as
follows:
1. Employer desires to allowlRAs for its employees to be administered by RC.
.." :, Employer agrees to send checks or wire,the. assets to RCfor I,RA" '
accountholders. The details of the submission of IRA contributions shall be
as -mutually agreed betwe~n Employer al1d RC, but in general shall be asset
forth in the IRA program materials developed by RC and provided to
Employer.
~ :
2. Absent an explicit provision to the contrary, account fees and expenses
payable by IRA Accountholders shall be as set forth in the IRA program
materials.
3. Each IRA Accountholder will receive a consolidated quarterly statement
providing information for any deferred compensation plan, qualified plan or
IRA maintained by each IRA Accountholder and administered by RC.
4. RC will provide tax withholding and reporting for each IRA account
administered by RC.
5. Unless RC and Employer agree otherwise, the details of RC's administration
of the IRA program, as well as other features of the IRA program, shall be as
set forth in RC's IRA program materials. The IRA program materials are
hereby incorporated by reference and made a part of this Agreement, except
that Employer and RC may from time to time mutually agree in writing to
terms that vary from the IRA program materials.
'.: .1
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6. To assure IRA Accountholders of confidentiality, RC will only provide
Employers with such account information as is necessary to reconcile
Employer's payroll deduction submittals.
o
7. It is agreed that RC will not be responsible for ensuring that annual IRA
contributions by each IRA Accountholder are within applicable annual
contribution limits, and that this will be the responsibility of the IRA
Accountholder.
8. It is understood that the year in which the payroll deduction occurs shall
constitute the tax year in which the contribution is considered to be made to
the IRA Accountholder's IRA.
If the City of Edgewater finds these terms agreeable, please so indicate by
having the appropriate person sign and date this letter agreement in the space
indicated below. .
Very truly yours,
/jllJitf
j .'
...0
. .
: .
,
; .; Paul Gallagher
..' (.,:, !.;: .':Corporate Secretary
.~' ""
. " ~ .'-
" ";
Agreed:
I
Date
Signature of Authorized Official
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AGENDA REQUEST
C.A. NO.: 2004-055
Date: April 7. 2004
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT 04/19/2004
ITEM DESCRIPTION:
Addendum #1 to the Continuing Services Agreement with Honeycutt & Associates, Inc.
BACKGROUND:
On March 15, 1999 the City of Edgewater entered into an Agreement with Honeycutt & Associates
for continuing engineering services. The City utilizes Honeycutt as one of the engineers of record
for site plan review and other engineering projects.
The City wishes to utilize the renewal option for the additional term.
STAFF RECOMMENDATION:
Staff recommends approval of Addendum #1 to the Continuing Services Agreement between the
City of Edgewater and Honeycutt & Associates, Inc.
ACTION REQUESTED:
Motion to approve Addendum #1 for Honeycutt & Associates, Inc and authorize the City Manager
to execute the Agreement.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Re~e?t~mZ1
Darren Lear '
Chief Planner
Concurrence:
CAo~~JYi
Robin L. Matusick \...
Legal Assistant/Paralegal
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Kenneth R. Hooper
City Manager
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ADDENDUM NUMBER 1
TO THE CONTINUING SERVICES AGREEMENT
BETWEEN THE
CITY OF EDGEW ATER AND HONEYCUTT & ASSOCIATES, INC.
By Agreement made and entered into this day of , 2004, by and
between the CITY OF EDGEW ATER, FLORIDA (hereinafter referred to as"CITY") and
HONEYCUT & ASSOCIATES, INC., (hereinafter referred to as "Consultant").
WITNESSETH
The CITY and Consultant mutually agree to amend that certain Agreement between the
CITY and Consultant made and entered into on March 15, 1999 as follows:
1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT
by electing to renew the contract for an additional term of three (3) years. Thereby extending
the current contract from March 15, 2002 through and until March 15,2005.
2) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and year
written above.
WITNESSES:
CITY OF EDGEW ATER, FLORIDA
By:
Kenneth R. Hooper
City Manager
Dated:
WITNESSES:
HONEYCUTT & ASSOCIATES, INC.
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Dated:
(Agreement\Honeycutt&Associates- Addendum# 1)
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ADDENDUM NUMBER 1
TO THE CONTINUING SERVICES AGREEMENT
BETWEEN THE
CITY OF EDGEW ATER AND HONEYCUTT & ASSOCIATES, INC.
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By Agreement made and entered into this day of , 2004, by and
between the CITY OF EDGEW ATER, FLORIDA (hereinafter referred to as"CITY") and
HONEYCUT & ASSOCIATES, INC., (hereinafter referred to as "Consultant").
WITNESSETH
The CITY and Consultant mutually agree to amend that certain Agreement between the
CITY and Consultant made and entered into on March 15, 1999 as follows:
1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT
by electing to renew the contract for an additional term of three (3) years. Thereby extending
the current contract from March 15,2002 through and until March 15,2005.
2) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
INWITNESS HEREOF the parties have made and executed this Addendum the day and year
written above.
WITNESSES:
CITY OF EDGEWATER, FLORIDA
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By:
Kenneth R. Hooper
City Manager
Dated:
WITNESSES:
HONEYCUTT & ASSOCIATES, INC.
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M. Honeycutt, P.E.
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Dated:
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(Agreement\Honeycutt&Associates- Addendum# 1 )
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AGENDA REQUEST
Date: April 8. 2004
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS April 19. 2004
ITEM DESCRIPTION:
Authorize the architectural firm of DJ Designs Inc. to develop a Preliminary Design and Cost Analysis
Study for a joint PolicelFire Public Safety Facility.
BACKGROUND:
The staff has recently solicited a proposal from DJ Design Inc., which the City has on contract, for an
estimate regarding a Preliminary Design and Cost Analysis Study for a joint PolicelFire Public Safety
Facility. The joint facility is planned to be located in the southern portion of Edgewater and may be a
proposed referendum item on the upcoming November ballot. The study will provide for Spatial Needs
Assessment, Site Plan, Floor Planes), Budget Analysis, and a Presentation that will be given to the City
Council and the public. The results of the study will be used to provide a visual conceptual plan as
well as cost analysis to the public prior to the elections. The cost of the study is proposed at
approximately $14,000 and will be equally funded utilizing the Police and Fire Impact Fees.
ST AFF RECOMMENDATION:
Staff recommends the City Council authorize DJ Designs Inc. approval to proceed with Preliminary
Design and Cost Analysis Study for ajoint PolicelFire Public Safety Facility.
ACTION REQUESTED
Motion to authorize DJ Designs Inc. approval to proceed with Preliminary Design and Cost Analysis
Study for a joint PolicelFire Public Safety Facility.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO. N/A
~0n--p']:{'.( ~ C\
Robin Matusick
Paralegal
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Kenneth Hooper \
City Manager
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ARCHITECTS. PLANNERS
REce'''EO
MAR 2 4 2004
City Manager
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March 22, 2004
Elizabeth J. McBride, Assistant City Manager
City of Edge water
P.O. Box 100
104 N. Riverside Drive
Edgewater, FL 32132-0100
VIA FAX 386.424.2409
RE: Edgewater Public Safety Building
Dear Liz,
It was good to see you and to meet with Mike and Tracey; thanks for the opportunity. We are
certainly interested in assisting your efforts as regards this project. I feel like I have a bit of a
'head start' having met with Mike in the past. Our tour with Tracey of the newest fIre substation
helps aswell. As requested, we have prepared this scope'ofwork and fee proposal for,your....
review ~nd'comments., lhave':presentedthe tasks as<discreteelements that can be'activated or 0
not depending upon budgets and'schedule. ., .
SCOPE OF WORK
1. Spatial Needs Analysis-based upon information from users and previous programs; we
will quantify probable space needs, look at long-term needs, study adjacencies and
commonalities for both departments. This will result ina published program that
establishes square feet values to each space for review by staff and users. We will also
establish a diagrammatic solution which links functions and spaces to public interface.
$1,500
2. Preliminary Design-using the Spatial Needs Analysis, we will prepare Site Plan and
Floor Plan studies that seek to establish scale and proportion in a floor plan(s) and
building elevations. These will be presented to the staff and users for comment and
modifIcations and may involve several iterations. $7,600
3. Budget Analysis-based upon the approved program and preliminary design studies, we
will assign a probable value to the preferred building and site plan solution. $1,200
4. ,Site Analysis-if the City has established a probable site or multiple sites, we will review
them for suitability of size, access and expandability. Hourly N.T.E. $1,500
, . 5.; . Presentation-we will produce plans, elevations and details for presentation to the City
"~". CounciLand'public and:.arrange for a computer rendering similar ,to theonewe'did"
'.' .,previously for City Hall. $900 Please Note: a computer-generated renderingmay cost
.. ..' $1,500-1;800 additional.' . . . ;.'.
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Final Report-publish a preliminary Site Plan, Floor Plan(s), Elevations and Statement of
Probable Construction Cost for approval by City Council. $500
At that point we feel that we would have enough information for consideration by the
electorate and for funding. If the project is approved, we would be happy to continue
developing it into a finished building. The fees quoted do not include reimbursable expenses
such as travel, reproduction or long distance communications. Those will be billed at 1.15
times direct costs.
I hope this helps in your planning efforts, it is a brief analysis to be sure, but will certainly
get the process going. Please call me if you any questions or comments.
Again, thank-you so much for the opportunity, I will wait to hear from you. .
Yours very truly,
DJdesign, Inc.
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Dana M. Smith, AlA
Principal
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ARCHITECTS. PLANNERS
.i
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AGENDA REQUEST
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Date: April 19, 2004
PUBLIC
HEARING
RESOLUTIONS ORDINANCE
CONSENT
OTHER
BUSINESS
x
CORRESPONDENCE
ITEM DESCRIPTION:
Upgrade existing computer system, software and network infrastructure, with the traditional HTE operating system.
Features of the new system will include: browser interface for improved customer service, Click 2 gov customer and
employee self service, customer online bill pay function and utility information inquiry.
BACKGROUND:
On September 28, 1998 the City purchased IBM (AS400) computer hardware and began using HTE City Soft
applications for fmancial reporting and utility billing applications. This program was initially developed for use in
Canada and subsequently modified for use in the United States. It offered an affordable solution for various
government entities of our size at that time. Rapid growth and limitations in the Canadian based software has led to
HTE's decision to sell and discontinue support for this product. The City was originally notified of this decision in
FY2002 and began searching for alternatives. After due diligence, it was decided that the traditional HTE product
line continues to offer the most economically feasible alternative.
STAFF RECOMMENDATION:
Q
Staff recommends City Council approve the Supplement to HTE, Inc. Software License and Services Agreement
with SunGuard HTE and authorize the Mayor to sign the attached agreement in the amount $164,791.55. This
capital expenditure was appropriated in the 2003/2004 operating budget. These funds were included in the Florida
League of Cities Master Lease Program and was originally budgeted at $170,000.
ACTION REQUESTED:
Motion to approve the Supplement to the original agreement and authorize the Mayor to execute the agreement in
the amount of$164,791.55.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
N/A
PREVIOUS AGENDA ITEM:
YES
NO
xx
DATE: N/A
AGENDA ITEM NO.
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SUNGARD~
,
HTE INC.
SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT 0
BY AND BETWEEN SUNGARD HTE INC. AND CITY OF EDGEW ATER, FL
SCHEDULE A-PRICING AND PAYMENT SCHEDULE
CONTRACT NO. EDGE-20040338 & EDGE-8901001-1
This Supplement is to the H.T.E., Inc. Software License and Services Agreement (Agreement) dated September 28, 1998,
between SunGard HTE Inc. (HTE) and City of Edgewater, FL (Customer). This Supplement also amends Schedule A-
Pricing and Payment Schedule EDGE-8901001 dated September 28, 1998. Unless otherwise stated below, all terms and
conditions as stated in the Agreement shall remain in effect.
Designated Machine
Use of the Licensed Programs provided in this Supplement on platforms other than specified below, without written permission
from HTE, may be subject to an upgrade charge.
Type:
Operating System:
Model:
Serial Number
Tape Drive:
ImtaIIation'
!'hof 1hIim1g Cbnfiguratioo Mdficatioo Onvmioo Yt'lII"l
IDEliamed Prllgram licmse Fet5 . . Fet5 Fees Fees Fet5 &JIDrt Fet5
Oick2GJvCbre Mxlule - Kl $ 4,245.00 $ 2,500.00 $ 650.00
- BFA \\tbT. . I~)-BW h:hrlrl in Kl h:luhiinKl
0ick2GJv Cl1stam- Infcnrntioo Systan - K2 7,800.00 1,280.00 1,500.00
Oick2GJv th;ire;s Ikemes - K6 5,200.00 1,280.00 1,0:l0.00
0ick2GJv wO\ore SelfSeJvice - KI 6,950.00 1,280.00 1,3!Xl.00
Oick2GJv 'avrrent Activatioo CI<2.K6) - K4 1,920.00
Ih:um.n SeJvices - DXJ 4,m.OO m.oo
GReP Ollalog; (CRJ,GMJ,CXJ,PlJ,IXJ,aJ,PRJ) - 0 7,lXXl.00 1,925.00
Ot)Soft to NMline Sdoct Ml!ratioo
A:.canis Receivable - MRJ 6 $ 4,800.00 1,137.00
Glsh ReceiJiS - CRJ 1 800.00 919.00
GMBA vi &tarl:d.Rero1im - GMJ/ERJ 9 7,200.00 3,446.00
Cl1stam-1nfonmtioo S\st.em; - CXJ 17 13,600.00 $ 1O,lXXl.00 3,804.00
- OS HnxlheId lntel!nltioo Inlerfu::e \lIM:IN:'Si N>~ 480.00
J.ssrt 11-A2J 2 1,600.00 802.00
Pure -PIJ 8 6,400.00 1,953.00
0IrrmtIy liamed mE ThHitiooal Progr.um
to NMline Sded M2J"3tioo
I Ar.Picant Tra:kin2 - AU Nl ChIr2l
Lm:Warcel -lXJ Nl ChIr2l
th;ire;s licernes - aJ I 800.00 m.oo
I Pavrollt'Pmmrx:l - PRJ 2,415.00
Slnicei
Nlvilire IrrpIerrmtatioo 4 4,l.XXJ,OO
Mru LD\\':r-lIT 2 1,600.00
SUbtotal $ 36,145.00 50 $ 36,80000 $ l1,320.oo $ 0.00 $ 10,001.00 $ 23,21&00
Lm cmtomr Disrount (3,431.45] (4,001.00)
LmImmmt Slnicei Disrount (4,950.00)
IDE liamed I'rogramTOOlls $ 27,763.55 50 $ 36,80000 $ 8,320.00 $ 0.00 $ 10,001.00 $ 23,21&00
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Thinl . catioo Totals
!'h ntys of Yt'lII"l
licmseFees Fees
$ 500.00 275.00
400.00 275.00
1,200.00
$ 2,10000 4 $ 3,200.00 $ 550.00
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SunGard HTE Schedule A
Ver. 02/26/04
lof8
EDGE-20040338-Schedule A v2.doc
Revised 4/6/04
:
Third Party
Hardware/Software
Third Party Hardware/Software/Services /Services Fees
HTE V AR Hardware/Software $ 46,340.00
HTE V AR Services 6,500.00
Third Partv Hardware/Software/Services Total $ 52,840.00
u
Due Upon
Contract
Payment Schedule* Total Contract Execution
HTE License Fees $ 27,763.55 $ 27,763.55
HTE Training Fees 36,800.00 36,800.00
HTE Installation/Configuration Fees 8,320.00 8,320.00
HTE Modification Fees (SCR# 2004-985) No Charge
HTE Conversion Fees (SCR# 2004-625) 10,000.00 10,000.00
HTE Proiect Management Fees (40 hourd No Charge
HTE Annual Support Fees 4 23,218.00 23,218.00
Third Party License Fees 2,100.00 2,100.00
Third Party Training Fees 3,200.00 3,200.00
Third Party Annual Support 550.00 550.00
HTE V AR Hardware/Software 46,340.00 46,340.00
HTE V AR Services 6,500.00 6,500.00
Grand Total $ 164,791.55 $ 164,791.55
u
APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED
TO THE AMOUNT IN THE PAYMENT INYOICE(S) BEING SENT SEP ARA TEL Y TO THE CUSTOMER.
*Payments:
THE AMOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS:
License Fees: Upon execution of this Supplement.
Training Fees: Upon execution of this Supplement.
Installation/
Configuration Fees:
Conversion Fees:
Project Management Fees:
Support Fees:
Third Party License Fees:
Third Party Training Fees:
Third Party Support Fees:
HTE Y AR Hardware/
Software Fees:
HTE V AR Services Fees:
Travel and Living Expenses:
o
Upon execution of this Supplement.
Upon execution of this Supplement (includes $250.00 processing fee noted below).
Applicable Project Management shall be due as incurred.
Upon execution of this Supplement. Support fees for subsequent terms of support will be
due prior to the start of that term according to the Support Fee Escalation section below, if
applicable. Rates for subsequent years of support service shall be at the then prevailing
rate.
Upon execution of this Supplement.
Upon execution of this Supplement.
Upon execution of this Supplement. Support fees for subsequent terms of support will be
due prior to the start of that term at the then prevailing rate. Rates for subsequent years of
support service are subject to change.
Upon execution of this Supplement.
Upon execution of this Supplement.
Travel and living expenses are in addition to the prices quoted above and will be invoiced
as incurred and shall be governed by the HTE Corporate Travel and Expense
Reimbursement Policy.
2The interface listed above is an interface only. Customer shall be responsible for obtaining the applicable hardware and
system software from the appropriate third party vendor.
SunGard HTE Schedule A
Ver. 02/26/04
20f8
EDGE-20040338-Schedule A v2.doc
Revised 4/6/04
Click2Gov Conditions
Customer agrees to meet the requirements of the HTE Click2Gov Hardware/Software Requirements attached. Click2Gov
Licensed Programs do not include source code and are not applicable for Modification Retrofit. VeriSign 128 Bit Digital
Certificate requires annual renewal with Veri Sign, Inc.
o
Terminated Programs
The parties agree to terminate Customer's license to use the following CitySoft Licensed Programs licensed by means of
Supplement number EDGE-8901001 dated September 28, 1998: GLlBudgeting/Financial Reporting, Accounts Payable,
Purchasing, Fixed Assets, Accounts Receivables, Cash Receipts, Utility Billing and Meter Reader Setup, Name/Address/Menu
Systems, and third party GUI Client/Server Software-l 0 users, together herein known as "Terminated Programs". Termination
shall be effective the earlier of July 1, 2005 or Go-Live of the last NaviLine Licensed Program.
Each party hereby releases, acquits and discharges the other party of and from any and all claims, debts, demands, rights of
indemnification, and causes of action of whatsoever nature, whether in contract or otherwise, whether arising under or by
virtue of any statute or regulation, whether known or unknown, suspect or unsuspected, or whether having arisen or hereafter to
arise for any losses or damages of which have accrued or may ever hereafter accrue to the other party, arising out of or on
account of the Terminated Programs.
Neither the fact of compromise, settlement and release, nor the payment, acceptance, or relinquishment of any consideration
hereunder or under the Agreement, nor the execution of this Supplement shall be construed or taken in any way as an
admission of fault, liability or responsibility on the part of HTE, and Customer, including its employees and agents, agree to so
state in any communications, characterizations, and/or dissemination concerning this matter with any third party other than its
attorney.
Except as expressly provided herein, all terms and conditions of the Supplement EDGE-8901001 shall remain unchanged.
Inquiry Period
The parties hereby agree that Customer shall maintain its right to use the Terminated Programs for inquiry purposes only.
Customer shall maintain inquiry usage for a three (3) year period (Inquiry Period) commencing upon Go-Live of the first
NaviLine Licensed Program. There shall be no phone support, updates, modifications or enhancement support provided during
the Inquiry Period on the Terminated Programs. Notwithstanding the fact that the Terminated Programs are terminated,
Customer shall comply with the applicable provisions of the Agreement during the Inquiry Period in regards to the TerminatedO
Programs. Upon expiration of the Inquiry Period Customer agrees to destroy or return the Terminated Programs to HTE.
Testing and Acceptance
There is no Testing and Acceptance period on the Licensed Programs herein.
Warranty
The Warranty as defined in the Agreement shall be for a period of one hundred twenty (120) days following Delivery Date.
"Delivery Date" shall mean the date HTE delivers, F.O.B. HTE's offices, the Licensed Programs to Customer. The date of
such delivery shall be referred to as the "Delivery Date." For services, the "Delivery Date" refers to the date services are
performed.
4HTE Support Services
The initial term of HTE application support services for the Click2Gov Core Module, Click2Gov CIS Module, Click2Gov
Business Licenses, Click2Gov Employee Self Service, Document Management Services, and QRep Catalogs shall commence
one hundred twenty (120) days after the Delivery Date of the Licensed Programs and extend through the end of Customer's
current support service term.
IFirst year support is included in Click2Gov Core module for the BEA WebLogic Express Licensed Program and requires
annual support renewal with BEA, Inc.
Year I HTE application support services for the CitySoft to NaviLine Migration Licensed Programs shall commence upon Go-
Live of the first NaviLine Licensed Program, provided Customer is currently exercising the option to pay annual support fees
on each of the Licensed Programs being migrated. The term "Go-Live" is referred to as Customer's use of the Licensed
Programs with real data in a production (and not testing) mode.
Year I HTE application support services for the HTE Traditional Programs to NaviLine Migration Licensed Programs shal1~
commence upon Go-Live of the first NaviLine Licensed Program, provided Customer is currently exercising the option to pat~
annual support fees on each of the Licensed Programs being migrated. The term "Go-Live" is referred to as Customer's use of
the Licensed Programs with real data in a production (and not testing) mode.
SunGard HTE Schedule A
Ver. 02/26/04
30f8
EDGE-20040338-Schedule A v2.doc
Revised 4/6/04
Subsequent terms of support on all Licensed Programs shall be for twelve (12) month periods. Support services do not include
maintenance on modifications made to the any Licensed Programs herein made at Customer's request.
U Support Fee Escalation
Support fees on the Licensed Programs listed below shall over a period escalate to HTE's current support service pricing. The
following is the support fees on the specified Licensed Programs for the term specified. Support Service fees beyond the term
specified shall be at HTE's then current rates. Year 3 support fees for the Applicant Tracking and Land/Parcel Management
Licensed Programs are estimates only and are subject to change.
HTE Licensed Proe;rams Year 2 Year 3
Accounts Receivable - MRJ $ 1,739.00 $ 2,340.00
Cash Receipts - CRJ 1,479.00 2,040.00
GMBA wi Extended Reporting - GMJ/ERJ 5,286.00 7,125.00
Customer Information Systems - CXJ 5,227.00 6,650.00
- CIS Handheld Integration Interface (Invenses) 480.00 480.00
Asset Management II - A2J 1,246.00 1,690.00
Purchasing/lnventory - PH 3,101.00 4,250.00
Applicant Tracking - A TJ 1,665.00 1,780.00
Land/Parcel Management - LXJ 1,225.00 1,310.00
Business Licenses - OLJ 1,236.00 1,675.00
PayrolllPersonnel - PRI 3,403.00 4,390.00
Annual Support Services Fees Totals $ 26,087.00 $33,730.00
Third Party Support Services
The initial term of Third Party application support services shall commence one hundred twenty (120) days after the Delivery
Date of the Third Party applications, and extend for a twelve (12) month term. Subsequent terms of support will be for twelve
(12) month periods, commencing at the end of the initial support period.
OAPPlication Training
Listed above are the numbers of days of training for the Licensed Programs listed. Additional application training, if requested
by the Customer, can be provided upon request at the standard billing rate in effect at that time. Any fee quoted does not
include travel and living expenses.
3Project Management
A description of the Project Coordination and Standard Level of Project Management are attached to this Supplement. A
maximum of forty (40) hours of HTE Project Coordination may be provided as needed for this Supplement at no charge to
Customer. In addition, a maximum of forty (40) hours of HTE Standard Project Management may be provided for this
Supplement at a fee of One Hundred Dollars ($100.00) per hour. Payment shall be due as incurred. The aforesaid portion of
this Project Management provision including project management fees shall expire July I, 2005. Additional Project
Management at any level will be invoiced at the then current HTE rate and payment terms. Any fee quoted does not include
travel and living expenses.
Conversion
Conversion, if provided for herein, or if requested by the Customer after contract execution, will be controlled by the HTE
Systems Change Request (SCR) form which will be prepared for the Customer by the HTE Conversion Team Manager: There
will be a Two Hundred Fifty dollar ($250.00) non-refundable processing fee for preparation of each SCR requested by the
Customer. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with fifty
percent (50%) payment, which includes the non-refundable processing fee. The fmal fifty percent (50%) payment is due upon
completion. Data must be given to HTE in an IBM compatible format on a specified magnetic media and must match data
field definition. Input data file clean up shall be the responsibility of the Customer. Additional conversion, if necessary, will
be invoiced at the prevailing rate per hour. It is agreed that no two systems and file structures are exactly alike and there may
be a need for some manual conversion efforts to take place along with the electronic conversion. SCR form(s) for any
conversion services included in this Supplement are attached for Customer signature and return to HTE along with this
Supplement.
r 'Modifications and Modification Retrofit Maintenance
'-'MOdifications if applicable will be controlled by the HTE SCR form, which will be prepared for the Customer by the HTE
Product Manager responsible for that module. There will be a Two Hundred Fifty dollar ($250.00) non-refundable processing
fee for preparation of each SCR requested by the Customer. HTE will proceed on the SCR when the signed SCR is returned
SunGard HTE Schedule A
Ver. 02/26/04
40f8
EDGE-20040338-Schedule A v2.doc
Revised 4/6/04
with the Customer's authorization along with 50% payment, which includes the non-refundable processing fee. The [mal 50%
payment is due upon completion.
Customer is responsible for the cost for HTE to retrofit its modifications into new releases. Provided Customer exercises its
option to have HTE maintain specific Modification Retrofit objects and pays HTE's annual Modification Retrofit Maintenance 0
fee, support for each modified object shall be invoiced annually. The current annual maintenance fee of $100.00 per object is
subject to change.
Scheduled Resource Changes
Customer acknowledges that HTE makes every effort to schedule training and project management sessions sufficiently in
advance to make effective use of HTE's personnel and to obtain favorable prices for travel and living. Accordingly, the
following cancellation charges apply to training and on-site project management sessions canceled at the request of Customer:
Cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on-site
project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or
on-site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non-
refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE
personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such
rescheduling, Customer's payment obligations shall be reduced.
Third Party Software and Hardware
Unless otherwise provided for herein, warranty, modification retrofit and maintenance offerings by HTE for its Licensed
Program(s) do not apply to any third party hardware or third party software supplied under this Supplement. HTE does not
make any warranties nor provide any source code for any non-HTE products unless otherwise provided herein. The return and
refund policy of each individual third party hardware or third party software supplier shall prevail unless otherwise provided
herein.
It is hereby acknowledged by the parties that HTE V AR LLC is the vendor for the Third Party Hardware/Software/Services.
The Master Product Agreement No. 2004032501ES (Attachment "A") and Services Agreement No. 2004032502ES
(Attachment "8") provide the details of the Third Party Hardware/Software/Services and shall by their reference become a part
hereto.
Source Code 0
Unless otherwise provided herein, the Licensed Programs are provided in and may be used in machine-readable object code
form only. HTE offers the Customer, through a third party escrow agent, a Source Code Escrow Agreement that provides for
release of the source code version of the Licensed Programs from escrow upon the occurrence of certain release events, such as
HTE's failure to provide required maintenance services as agreed.
Publication
HTE reserves the right to publish certain information regarding this Supplement. Publication may include, but shall not be
limited to, using Customer's name in a press release announcing this Supplement and listing Customer's name on HTE's
complete customer listing that is made available to other HTE customers and potential customers.
Preprinted Terms and Conditions
Preprinted conditions and all other terms, not included in this Supplement or in the Agreement, on any purchase order or other
document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Agreement, and if
applicable, this Supplement and the Hardware Purchase Agreement if applicable, shall control unless expressly accepted by
HTE in writing to the Customer.
Non-Hiring Statement
During the term of this Supplement and for a period of twenty-four (24) months after the termination of this Supplement, the
Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been
employed by HTE within the immediate past twenty-four (24) months without prior consent ofHTE.
Dispute Resolution
Prior to either party commencing any legal action under this Supplement, the parties agree to try in good faith, to settle any
dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as
may be otherwise provided herein, then either party may commence legal action against the other. Each party hereto agrees to
submit to the personal jurisdiction and venue of the state and/or federal courts in or for Seminole County, Florida for reSOIUtiOno
of all disputes in connection with this Supplement.
SunGard HTE Schedule A
Ver. 02/26/04
50f8
EDGE-20040338-Schedule A v2.doc
Revised 4/6/04
:
Agreement CitySoft Reference
Any reference in the Agreement to "CitySoft" is hereby and from now on considered to be "SunGard HTE Inc.".
I \ The terms and conditions contained in this Supplement, including the prices, will be honored as set' forth herein,
V provided this Supplement is fully executed by April 30, 2004.
Customer warrants that the amounts to be paid hereunder will be paid out of appropriated funds and are not part of a
financing arrangement with any third party.
CITY OF EDGEW A TER, FL
SUNGARD HTE INC.
Print Name & Title
~~
Authorized Signature
RONALD E. GuODROW
Executive Vice President, H.T.E., Inc.
Print Name & Title
Authorized Signature
Date
4- 7-OL(-
Date
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u
SunGard HTE Schedule A
Ver. 02/26/04
60f8
EDGE-20040338-Schedule A v2.doc
Revised 4/6/04
Project Management Service Level
0
Project Coordination * . Determine training requirements and . Provide a dedicated Project Manager
schedule appropriate resources. who monitors and tracks internal
customer deliverables and tasks and
. Create a detailed implementation plan, serves as the primary contact for HTE
which includes training visits, deliverable issues.
schedules and project milestones.
. Participate in scheduled conference
. Conduct scheduled conference calIs with calIs with HTE Project Coordinator.
the Customer Project Manager.
. Coordinate and schedule internal
. Act as single point of contact at HTE. resources for training and review
customer provided deliverables.
. Coordinate HTE resources.
. Administer the Change Control
. Coordinate delivery of hardware and Procedure with the HTE Project
software. Coordinator.
. Manage Change Control Procedures. . Develop test plans and monitor testing.
. Assist HTE Project Coordinator in the
developing the detailed
implementation plan.
. Maintain the implementation plan.
. Maintain the issue log.
0
. Track budget.
. Prepare monthly status reports.
o
SunGard HTE Schedule A
Ver.02/26/04
70f8
EDGE-20040338-Schedule A v2.doc
Revised 4/6/04
u
Project Management Service Level
Standard
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Q
SunGard HTE Schedule A
Ver. 02/26/04
. Determine training requirements and
schedule appropriate resources.
. Create a detailed implementation plan,
which includes training visits, deliverable
schedules and project milestones.
. Conduct weekly conference calls with the
Customer Project Manager to review
implementation progress, discuss and
resolve issues regarding training and
deliverables.
. Act as single point of contact at HTE.
. Coordinate HTE resources.
. Coordinate delivery of hardware and
software.
. Manage Change Control Procedures.
80f8
. Provide a dedicated Project Manager
who monitors and tracts internal
customer deliverables and tasks, and
serves as the primary contact for HTE
issues.
. Participate in scheduled conference
calls or status meetings with HTE
Project Manager.
. Coordinate and schedule internal
resources for training and customer
provided deliverables.
. Administer the Change Control
Procedure with the HTE Project
Manager.
. Develop test plans and monitor testing.
EDGE-20040338-Schedule A v2.doc
Revised 4/6/04
SunGard HTE Inc.
SUNGARDo Click2Gov@
HTE INC.
Hardware/Software Requirements
o
.
IBM iSeries (AS400)
Minimum Sizing Recommendations (Requires a Pre contract Systems
Assurance):
Processor Rating:
115 CPW (Minimum rating dependent upon current and expected resource
utilization)
Determined by HTE (Considerations: User Load, Existing CPU Utilization, etc.)
10/100Mbps Ethernet, Token Ring, or Fiber Adapter
V5Rl or later
DB2 Query Manager and SQL Development Kit for AS/400 (5769-STl, 5722-STl
ifrunning v5r1 or higher)
Memory:
Network Adapter:
Operating System:
Additional Software:
Additional Requirements: Click2Gov CIS Inquiry:
Click2Gov Payment:
All Others:
1MB per 1,000 customers
Approximately 10MB per 1,000 customer annually
No additional requirements at this time
~~~'::::.~~~ 0
Address.
Windows 2000 Based Server (Minimum Recommendations):
1 GHz Pentium IV 1.5GHz Pentium IV 2GHz Pentium IV
Network Adapter & UPS Network Adapter & UPS Network Adapter & UPS
512Mb RAM (HW Expandable to 1Gb) 1Gb RAM (HW Expandable to 2Gb) 2Gb RAM (HW Expandable to 2Gb)
40Gb Disk Storage (RAID-5 Protect.) 60Gb Disk Storage (RAID-5 Protect.) 80Gb Disk Storage (RAID-5 Protect.)
Windows 2000 Server Windows 2000 Server Windows 2000 Server
Protocol: TCP/IP only Protocol: TCP/IP only Protocol: TCP/IP only
SEA WebLogic Express (Ver 8.1) '" SEA WebLogic Express (Ver 8.1) '" SEA WebLogic Express (Ver 8.1) '"
Requires Secure Internet Access, including a Registered Domain Name and a Registered TCP/IP Address.
Note: Compatibility issues between software products are difficult to predict, therefore HTE recommends
that the customer utilize a dedicated server for hosting Click2Gov Applications. All exceptions regarding
HTE's recommendations need to be reviewed by the HTE's Click2Gov Application Team.
* Note: Both license fees and first year (required) support for the WebLogic Express product are offered as a
per processor charge. Click2Gov does not require more than a single processor.
o
SunGard HTE Inc Proprietary Information
Copyright@ 2000 H.T.E., Inc.
Page 10f 2
u
u
u
SunGard HTE Inc.
SUNGARDe Click2Gov@
HTE INC.
Hardware/Software Requirements
IYseriBrow
rr-... .-.~'''l,'...:..~~l....
~!::.
I .~:,~. ·
~...,,;,;:;,~,_m
Workstation wI Internet Access (Capable of running Internet Browser)
Internet Browser: Microsoft Internet Explorer 4.0 or later
Netscape Navigator 4.0 or later
Note: Web TV is not a recommended client for ClicklGov
Mail Server: Fully Compatible SMTP e-mail Server.
Verisign Digital Certificate 128-Bit Recommended when applications that enable credit card
processing are purchased.
Established relationship with Merchant Bank Required when applications that enable credit card processing
are purchased.
Hardware Environmental Specifications: Customers need to follow the Environmental Specifications
provided by the hardware manufacturer.
Training: Customers must be fully familiar with their Intranet
Infrastructure (Web Server Software, Firewalls, Routers, etc...).
Internet Connectivity
Adequate bandwidth will vary depending on the expected end-
user participation. The customer is responsible for assuring and
configuring adequate security for their network (i.e., firewall),
and providing adequate bandwidth for their environment.
SunGard HTE Inc Proprietary Information
Copyright@ 2000 H.T.E., Inc.
Page 20f 2
SunGard HTE Inc.
SYSTEM CHANGE REQUEST
o
CLIENT: Edgewater (EDGE)
SCR NUMBER: 2004-985
APPLICATION: CX - Customer Information System
DATE: 03/26/2004
REQUEST DESCRIPTION
The client is requesting the base interface programs for Invenses hand held devices to convert from
CitySoft to the Customer Information System. The no charge fee only applies to the Handheld.
device that the client is currently using. If the client upgrades or changes the Handheld devices
there will be a fee charged for a new interface.
An other chan es will re uire an Additional SCR.
NOTE: Request will be: _ = One Time Process, XXX = Custom Modification, _ = Base Feature
If Custom Modification then the estimated future cost for retrofittin this work is: 2 ob' ects and 2 files
o
SUNGARD HTE INC. CONFIRMATION: -;) 9-0
CLIENT AUTHORIZATION: DATE:
RE VESTED COMPLETION DATE: ro ams will be delivered rior to third trainin visit
INSTRUCTIONS:
1) This document must be signed and returned within 30 days of receipt. This quotation is only valid for 30
days. Unreturned and unsigned SCRs will automatically be cancelled after 30 days.
2) Return a faxed, signed copy to HTE (407-304-1065).
3) Maintain a copy for your records.
4) Upon receipt of the fax, it will be processed through the HTE Accounting Department for invoicing.
INFORMATION
5) On site installation and training is not included in cost unless specified above.
6) If your organization has a modification maintenance agreement ($100.00/modified object), this modification will
become part of the plan. If you do not have an agreement, you are responsible for the cost to retrofit this mod into
new releases.
INVOICE - 0
· For billing inquiries regarding this SCR, please use the number located at the top right of this form.
· Please remit 50% of the total cost to HTE's Accounting Department referencing this SCR #. Programming
will not begin until the 50% payment is received.
· Prices are quoted in U.S. dollars.
HTE INC.
SYSTEM CHANGE REQUEST
CLIENT: City of Edgewater
SCR NUMBER: 2004-625
APPLICATION: Customer Information
DATE: 02/27/2004
REQUEST DESCRIPTION
Purpose of SCR:
To analyze client-identified data files from the client's existing City Soft Utility billing system, discuss data mapping requirements, define a
conversion specifications document and develop customized conversion programs to successfully convert identified data elements to the HTE
Customer Information System (CX).
The SCODe of this prolect includes the conversion of the followinl! data elements:
. Location Information - Location Address (matching to existing LX locations), Services at Location (one meter per metered service) and
Miscellaneous Information
. Customer Information - Name, Mailing Address, Services Billed, Cash Deposits, Bank Draft Information, Recurring Charges, Credit
History, Budget Billing and Miscellaneous Customer Information
Meter Inventory - Assigned to Location service only
Reading History - Header and Detail
. Billing/Adjustment History - Header and Detail
. Payment History - Header Records only
. Accounts Receivable - Aged Lump Sums or Detailed Receivables dependant on client needs.
Exclusions to conversion (not covered in the cost of this estimate):
. Combining Locations or Customers
. Creating Master Locations or Accounts
. Creating Pending (unbilled) Meter Readings
· Creating Pending Transactions
· Creating Pending Payments
. Deposits-Transfers, Refunds, Billed or Non-cash
. Third Party Notification Information
. Meter TestlRepair History
. ServiceIWork Order History
. Key Information
. Lock Box Information
. Pavrnent Plans
=INSTRUCTIONS:
1) Sign and copy for your records.
2) Return original signed copy to HTE, Inc. -FINANCE/ACCOUNTING DEPT.
3) Cost is guaranteed for 30 days from the date above
4) On site installation and training is not included In cost unless specified above.
5) If this site is under HTE's modification maintenance agreement, this modification will automatically be put under
the plan as well. Should you require further information regarding HTE's modification maintenance agreement,
please contact HTE's Operations Department at (800) 727-8088.
INVOICE -
o All billing for this request will refer to the SCR number located at top right of this form.
. Please remit 50% of total cost with signed SCR Work cannot begin until 50% payment Is received.
. Prices are quoted in U.S. dollars.
SCR NUMBER: 2004-625
1 of3
SUNGARD~
HTE INC.
SYSTEM CHANGE REQUEST
Data Reaulrements:
Clients must provide a sampling of all data sets to be converted and in some instances all data to be converted. For each data set identified: file
layouts, detailed field descriptions, and any other information relevant to the current operating environment are required.
All data must be submitted on IBM compatible media saved in V4R5 or prior release. Acceptable formats are:
8 rom data cartridge (7GB/20GB)
1/4" data cartridge (13GB/26GB)
Magstar 3570
Other formats need to be approved by the conversion manager.
All data records should be ASCII or EBCDIC, fixed-length and fixed-field formatted non-binary data:
Data to be converted must be provided on IBM/ AS400 compatible media. All numeric fields must be right justified and zero filled. File
layouts with field descriptions must be provided for each file that is to be converted. All data files must have fixed length records and
fixed length fields. The extraction of textual data string content into separate fixed data fields is not provided. If data is not provided
in an AS400, fixed length format, as listed above, or requires any data cleanup, HTE will at its discretion, require an additional SCR or
return the data to the client. Binary data may require additional charge to convert to zoned or packed data. Files not provided in fixed
length format will require an additional SCR at a minimum of2 hours per file. No guarantee will be made that HTE will be able to
transfer non-fixed format files to a usable fixed format.
Clients are responsible for loading input files on local system:
The client is responsible for providing files that are fixed length record formats with fixed length fields. These files must be loaded
onto the AS400 and their location on the AS400 provided to the programmer working on the conversion. HTE will assist with any
questions on transferring these files from a PC to the AS400.
Data cleanup for customers is NOT included in the conversion pricing. If the customer requests assistance or assistance is needed due to
customer's inability to perform data cleanup, a separate SCR will be opened specifically for this work.
Support Reauirements:
Changes in project scope are subject to additional fees.
Client is responsible for providing a contact to assist with field mapping and any question that might occur during the conversion process.
A primary contact will be required throughout the conversion process. Client staff changes may require a charge to get new staff members up to
speed with things like data transfers to refresh data files and understanding reports generated by conversions.
Client is responsible for testing/verifying the converted data. Once the data has been accepted as complete, the conversion will be run over
production. Once data has been deemed accurate and loaded into production, any additional corrections or issues will be billable.
Client must return completed table cross reference within 30 days of receipt, or the conversion will be put on hold, will need to be re-scheduled
and could be subject to a restart fee. As converted data is created on client's system, the client must test the data completely for each pass of the
conversion. Unless waived in writing by HTE, the client will have 30 days to fully test the data, and report any errors. IfHTE is not notified of
any errors within 30 days, we will deem the converted data complete and accepted. The client's failure to identify errors until subsequent passes
of the conversion could impact the timeline of delivery, and could subject the client to additional charges.
HTE will provide assistance with the testing process and correct identified problems as described above prior to putting data into production.
Once test data has been accepted and merged into production, any additional changes will be billed at your then current rate as defined in your
contract.
Once programming has begun, if the customer wants to change the input files, this may result in additional charges if re-work will be needed.
=INSTRUCTIONS:
1) Sign and copy for your records.
2) Return original signed copy to HTE, Inc. -FINANCE/ACCOUNTING DEPT.
3) Cost is guaranteed for 30 days from the date above
4) On site installation and training is not included in cost unless specified above.
5) If this site is under HTE's modification maintenance agreement, this modification will automatically be put under
the plan as well. Should you require further information regarding HTE's modification maintenance agreement,
please contact HTE's Operations Department at (800) 727-8088.
INVOICE -
. All billing for this request will refer to the SCR number located at top right of this form.
. Please remit 50% of total cost with signed SCR Work cannot begin until 50% payment Is received.
. Prices are quoted In U.S. dollars.
o
SCR NUMBER: 2004-625
200
. .
HTE INC.
SYSTEM CHANGE REQUEST
Additional Information:
This conversion estimate is based upon the information available to HTE at the time created. Upon receiving additional conversion information
and once the conversion analysis has been done, additional billable hours may be required. Customer approval via an addendum SCR will be
secured before any charges in excess of this SCR are incurred.
The SCR is a supplement to the existing HTE Agreements and Supplements executed between HTE and you. Unless otherwise stated, all their
terms and conditions shall remain in effect and apply to this SCR.
Any waiver of any portion of the SCR is valid for that occurrence only. All other conditions remain in effect.
A signed SCR must be received before the conversion will be put on the master schedule and assigned a specific programming date. On request,
a window of when the conversion could begin will be provided, but that date may change, based upon receipt of the SCR and programming
availability.
A separate SCR will be opened for each application conversion purchased.
Quotes for Conversion SCR's are subject to change without notice.
Note: The prices quoted for conversion services are based upon estimates of a typical conversion. Upon receiving actual conversion data and
completion of conversion analysis, additional charges may be required.
SUNGARD HTE INC. CONFIRMATION:
CLIENT AUTHORIZATION:
(JRE VESTED COMPLETION DATE:
=INSTRUCTIONS:
1) Sign and copy for your records.
2) Return original signed copy to HTE, Inc. -FINANCE/ACCOUNTING DEPT.
3) Cost is guaranteed for 30 days from the date above
4) On site installation and training is not included in cost unless specified above.
5) If this site is under HTE's modification maintenance agreement, this modification will automatically be put under
the plan as well. Should you require further information regarding HTE's modification maintenance agreement,
please contact HTE's Operations Department at (800) 727-8088.
INVOICE -
<.>. All billing for this request wlll refer to the SCR number located at top right of this form.
. Please remit 50% of total cost with signed SCR Work cannot begin until 50% payment is received.
. Prices are quoted In U.S. dollars.
SCR NUMBER: 2004-625
300
ATTACHMENT "A" TO
SCHEDULE A-PRICING AND PAYMENT SCHEDULE
CONTRACT NO. EDGE-20040338 & EDGE-8901001-1
o
MASTER PRODUCT AGREEMENT No. 2004032501ES
Initial Order Description
SunGard HTE Inc. (We) agrees to supply equipment (Machines) and software (Programs) to Customer (You) and to make
available the manufacturer's software services subscriptions (Subscriptions) to you under the terms of this Agreement and upon
receipt of a $0.00 down payment. Collectively, Machines and Programs are referred to as Products.
The price for all Products is shown below. Unless you request otherwise and pay the corresponding charges, all Products are
shipped via normal ground transportation. You agree to pay the total price of all Products, shipping charges, applicable sales
taxes and the price for the Subscriptions.
Machine/Program Description Quantitv Unit Price Amount
9406-800 iSeries Server w/IXS 1 31,760 31,760
1519-100 IXA 1 2,380 2,380
9910-P15 1.5KV A UPS 1 1,180 1,180
5722-SX1,SU1 3 year IBM Software Maintenance 1 1,197 1,200
X235 IXA attach xSeries Server 1 4,655 4,655
Windows 2000 OS for x235 and IXS 2 837.50 1,675
CR Printer Cash receipt printer and cable 2 1,120 2,240
SLR100 50/100G Data CartridQes 10 125 1,250
o
I Total Price Excluding Shipping Charges and Sales Taxes $46,340
This Master Product Agreement and the Additional Terms on page 2 form our complete agreement (the "Agreement")
regarding these Products and the Subscriptions and replace any prior oral or written communication between us. In addition,
this Agreement takes precedence over any purchase order that you issue for these Products or Subscriptions. By signing below,
both of us agree to these terms.
CITY OF EDGEW ATER, FL
104 N. Riverside Drive
Edgewater, FL 32132
SUNGARD HTE INC.
1000 Business Center Drive
Lake Mary, FL 32746
Authorized Signature
~~
Executive Vice President, H. T.E., Inc.
Print Name & Title
Print Name & Title
4-l-0Lf
Date
o
Date
1275367v2
Page 1 of2
Revised 4/6/04
MASTER PRODUCT AGREEMENT No. 2004032501ES
u
Additional Terms
Order, Delivery and Installation
This is a custom order. If you cancel an order for Products within 10 business days prior to their shipment date, then you agree to pay any costs we
incur for such cancellation, including cancellation charges we are assessed by our suppliers. However, you may not cancel an order after the Products
have been shipped, and you may not cancel an order for Subscriptions after they have begun.
We bear the risk of loss for each Product until it is delivered to you. Thereafter, you assume the risk of loss. You must install all Programs and you
must install Machines designated as Customer-set-up by the manufacturer. The manufacturer will install all other Machines.
Within 10 business days of their delivery, you may return any Products that are defective on arrival and cannot be installed. Otherwise, if you wish to
return any Products which are not defective and have never been installed, then you must first obtain our written consent and agree to pay any return
charges we are assessed by our suppliers. Some Products may not be returnable. Following their installation, you may only return the Products under
the provisions of the manufacturer's warranty.
Payment
You agree to pay applicable sales taxes or supply exemption documentation. You are responsible for personal property taxes for all Products from
the date they are shipped to you.
We invoice the Products when they are shipped. We invoice Subscriptions when they are processed. We will apply your down payment to the
invoice amount (the "Invoice Amount"), which will include the price of Products plus shipping charges and applicable sales taxes and the price for
the Subscription. The balance of the Invoice Amount is due within 30 days of the invoice date.
Title and License
We transfer title to Machines to you when we (a) receive the total Invoice Amount due and (b) you return any removed parts that become our
property during a feature or model upgrade. The application, use and other aspects of the Programs and the Subscriptions are solely governed by the
terms and conditions of the applicable agreement between you and the manufacturer.
Gou fail to pay the Invoice Amount, including late payment charges, then we may remove and repossess the Machine without notice or demand,
and we may request the manufacturer to cancel the Program license or Subscription.
Warranty
ALL WARRANTIES WITH REGARD TO THE PRODUCTS OR THE SUBSCRIPTIONS ARE PROVIDED DIRECTLY BY THE
MANUFACTURER TO YOU. WE WARRANT ONLY THAT WE ARE AUTHORIZED TO SUPPLY PRODUCTS AND THE
SUBSCRIPTIONS. THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND WE MAKE NO OTHER WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT UNINTERRUPTED OR
ERROR-FREE OPERATION OF ANY PRODUCT.
Limitation of Liability
IF YOU ARE ENTITLED TO RECOVER DAMAGES FROM US, IN EACH INSTANCE, REGARDLESS OF THE BASIS ON WHICH
DAMAGES CAN BE CLAIMED, WE ARE LIABLE ONLY FOR ACTUAL DAMAGES CAUSED BY A PRODUCT IN AN AMOUNT NO
GREATER THAN THE PRICE YOU HAVE PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. UNDER NO
CIRCUMSTANCES ARE WE RESPONSIBLE FOR (A) LOSS OF, OR DAMAGE TO, YOUR PROGRAMS, RECORDS OR DATA; OR
(B) SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING LOST PROFITS OR SAVINGS),
EVEN IF WE ARE INFORMED OF THEIR POSSIBILITY. .
Dispute Resolution
Prior to either party commencing any legal action under this Supplement, the parties agree to try in good faith, to settle any dispute amicably between
them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party
may commence legal action against the other. Each party hereto agrees to submit to the personal jurisdiction and venue of the state and/or federal
courts in or for Seminole County, Florida for resolution of all disputes in connection with this Supplement.
o
1275367v2
Page 2 of2
Revised 4/6/04
ATTACHMENT "B" TO
SCHEDULE A-PRICING AND PAYMENT SCHEDULE
CONTRACT NO. EDGE-20040338 & EDGE-890l00l-1
o
SERVICES AGREEMENT No. 2004032502ES
Project Description
SunGard HTE Inc. (We) agree to provide Services described in a Statement of Work below or in an Attachment to our
Customer (You) under the terms of this Agreement. You are responsible for project management and for any results achieved,
unless specified otherwise in the Statement of Work. We do not provide Services under the terms of your purchase order.
Services are provided and billed either on an hourly ("Hourly Services") or on a fixed-price ("Fixed-Price Services") basis.
For Hourly Services, the Statement of Work specifies the hourly rate, the estimated hours and estimated expenses required to
complete the project. This estimate is not a fixed-price commitment. Charges will equal the actual hours worked times the
hourly rate, plus actual expenses and applicable sales taxes.
For Fixed-Price Services, the Statement of Work specifies the fixed-price and estimated expenses. This expense estimate is not
a fixed-price commitment. Charges will equal the fixed-price plus actual expenses and applicable sales taxes.
Statement of Work
Project Name: Edgewater 800
D Hourly Services: Hours x $ per Hour =
OR
Fixed-Price Services: $_6,500. Invoic~d Upon Product Start
Estimated Total Charges
Estimated Expenses: $ 800_ Travel & Living and
Other Expenses
Estimated Start Date: End Date:
Services: Install 800-2463, ml rate data and a IIcatlons from current 170, confi ure IXS and IXA wI x235
This Project Description, the Statement of Work and the Additional Terms on page 2 form our complete agreement (the
"Agreement") regarding these Services and replace any prior oral or written communication between us. By signing below, both
of us agree to these terms.
CITY OF EDGEW A TER, FL
104 N. Riverside Drive
Edgewater, FL 32132
SUNGARD HTE INe.
1000 Business Center Drive
Lake Mary, FL 32746
Print Name & Title
&~~
Authorized Signatu
Gi \ SoJ\~ ~{t:<0 ,0..u0-
'Print Name & Title
Authorized Signature
Date
3-~q-OLf
Date
o
1275395v2
Page 1 of 3
SERVICES AGREEMENT NO. 2004032502ES
Utional Terms
Billing
For Hourly Services, the minimum bi\ling increment is fifteen (15) minutes. However, there will be a one-hour minimum for each day in which
Services are provided on-site and a fifteen (15) minute minimum for each day in which Services are provided by telephone. We may increase our
hourly bi\ling rate and minimums by giving you three (3) months' written notice.
Hourly Services are invoiced weekly as the work progresses. Fixed-Price Services are invoiced as specified in the Statement of Work. Travel and
other expenses are invoiced weekly using IRS mileage allowances for automobile transportation and actual cost for all other expenses.
Charges for Services and expenses are due within IS days from the invoice date. Amounts past due are subject to a late payment charge of 1.5% per
month. You agree to pay accordingly.
You agree to pay applicable sales taxes or supply exemption documentation.
Project Completion and/or Termination
Hourly Services will end when we provide the estimated number of hours or upon the estimated project end date unless you authorize additional
hours or an extension of the end date. In the event that additional hours are not authorized for incomplete project which is provided on an Hourly
Services basis, we do not warrant that the Services will be completed. Fixed-Price Services will end when the tasks described in the Statement of
Work are complete.
Either party may terminate this Agreement on written notice to the other if the other breaches any material provision of this Agreement, including
nonpayment of any charges hereunder. Upon termination, we will stop our work in an orderly manner as soon as practical.
You agree to pay for all Services we provide, all materials (including programs, program listings, documentation, reports or other similar works of
authorship) we deliver and all expenses we incur through the project's termination, including charges we incur in terminating subcontracts.
Customer Obligation
You agree to provide us reasonable access to the premises where Services wi\l be provided during your business hours. You will also provide other
( . 'Ie cooperation and assistance as may be reasonably requested by us. You agree to sign and deliver to us the Acknowledgment of Completion of
'-"ices when the tasks described in the Statement of Work are complete, or when we have provided the estimated number of hours of Services for
Hourly Services (unless additional hours are authorized), whichever comes first.
Subcontractors
We have the right subcontract any part of the Services to a third party as we deem appropriate, provided that we will remain ultimately responsible
for the Services, subject to the terms of this Agreement.
Changes to Statements of Work
The Statement of Work may only be changed by a written Change Authorization signed by both of us. The terms of the Change Authorization wi\l
prevail over those of the Project Description, the Statement of Work and any previous Change Authorizations.
Warranty
WE WARRANT THAT WE PERFORM SERVICES USING REASONABLE CARE AND SKILL IN ACCORDANCE WITH
RECOGNIZED STANDARDS IN THE INDUSTRY. WE DO NOT PROVIDE ANY OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR
FREE OPERATION OF ANY SERVICE.
Limitation of Liability
IN THE EVENT THAT YOU ARE ENTITLED TO RECOVER DAMAGES FROM US, IN EACH INSTANCE, REGARDLESS OF THE
BASIS ON WHICH YOU ARE ENTITLED TO CLAIM DAMAGES FROM US, WE ARE LIABLE ONLY FOR AN AMOUNT NO
GREATER THAN THE SUM OF ALL PAYMENTS YOU HAVE MADE TO US. THIS LIMIT ALSO APPLIES TO LIABILITIES OF
ANY OF OUR SUBCONTRACTORS. IT IS THE MAXIMUM FOR WHICH WE AND OUR SUBCONTRACTORS ARE
COLLECTIVELY RESPONSIBLE. UNDER NO CIRCUMSTANCES ARE WE OR OUR SUBCONTRACTORS RESPONSIBLE TO
YOU OR THIRD PARTIES FOR 1) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR 2) SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF WE ARE
INFORMED OF THEIR POSSIBILITY.
Q'.pute Resolution
r to either party commencing any legal action under this Supplement, the parties agree to try in good faith, to settle any dispute amicably between
t em. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party
may commence legal action against the other. Each party hereto agrees to submit to the personal jurisdiction and venue of the state and/or federal
courts in or for Seminole County, Florida for resolution of all disputes in connection with this Supplement.
1275395v2
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SERVICES AGREEMENT NO. 2004032502ES
Acknowledgement of Completion of Services
o
Customer hereby acknowledges that the Services required to be provided under Services Agreement No. 2004032502ES have been
completed, and such Services are hereby accepted.
Citv of Edgewater. FL
By:
Name:
Title:
Date:
o
o
1275395'12
Page 3 of 3
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\ \ .~,
TENT A TIVE AGENDA ITEMS
MAY 3 - Presentation, Lize Kalashian, Ex Dir for Healthy Start Coalition of FlaglerN olusia Counties
(Report on services & request for funding)
1) Proclaiming May 16-22, 2004, National Public Works Week
2) 1 sl Reading, Ord. No. 2004-0-, amending Official Zoning Map, 3.29:t acres, Bruce Moss
3) Adoption of Joint Planning Area (JP A)
4) Commercial Private Garbage
5) Union contracts
6) Elk's Club, Special Exception to ParkTowne Agreement
7) P&Z Board appointment, Anton term expires, Jim's nomination
MAY 17 - 5:30 pm Workshop Session, EDD Program of Work
1) Presentation - CAFR
2) 2nd Reading, Ord. No. 2004-0-, amending Official Zoning Map, 3.29:t acres, Bruce Moss
3) 1 sl Reading, Ord. No. 2004-0-, occupational license fee increases
4) Final Plat approval for 200 unit subdivision, Coral Trace
5) EDB Appointments, Doug & Fred terms expire, Mayor & Jim's nomination
6) Authorization to advertise for Pension Consultant
JUN7
1) 2nd Reading, Ord. No. 2004-0-, occupational license fee increases
2) 1 sl Reading, Ord. Bo. 2004-0-, annexation, 133:t acres, Massey/Forte Macaulay
3) P & Z Board appointment - Jim's nomination
JUN 21
1) 2nd Reading, Ord. Bo. 2004-0-, annexation, 133:t acres, Massey/Forte Macaulay
Rev. 4/09/04
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