05-03-2004
~
w
..."
V oting Order
Councilman Vincenzi
CawrilwomanRhodes
Councilwoman Lichter
Mayor Schmidt
Councilman Brown
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
May 3, 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/CER TIFICA TESIDONA TIONS
A. Recognition of appointed/reappointed Board/Committee members.
B. Healthy Start Coalition of Flagler and Volusia Counties Executive Director
Lize Kalashian reporting on their services and requesting funding.
C. Mayor Schmidt proclaiming May 16-22,2004, National Public Works Week.
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, to discuss commercial garbage collection and hauling,
including construction and demolition materials, within the City of
Edgewater and potential changes to the existing practice.
B. 1 st Reading, Ord. No. 2004-0-20, Bruce Moss requesting a change in zoning
classification to City I-2 (Heavy Industrial) for 3.29:t. acres of property
located at 117 N. Flagler Avenue.
7. BOARD APPOINTMENTS
None at this time.
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. Surplus items - staff recommending approval to declare a list of assets as
surplus and allow for disposal by auction or trash.
'-'
'-'
"'"
City Council Agenda
May 3, 2004
Page -2-
9. OTHER BUSINESS
A Amendment to ParkTowne Industrial Center Development Agreement - staff
recommending approval of Amendment to allowing a fraternal lodge (Elks
Club) within 1,000 feet of the entrance and direct the City Manager to obtain
approval from property owners within ParkTowne.
B. Metal Roof Replacement - staff recommending approval ofN otice to Award
Re-Bid to Division 7 Roofing and Sheet Metal, Inc. for a roof replacement on
the Public Works Facility at a cost of $47,886.00 and authorize the
Mayor/City Manager to execute the agreement.
C. Tentative Budget Schedule - for fiscal year 2005.
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 17,2004, agenda must be received by the City Manager's
office no later than 4:30 p.m. Monday, May 10,2004.
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.
I:\liz _ docs\agendas\ag050304reg
;j 4.-07-2004. 1: 50PM
FROM 904.74.03219
P. 1
'S.~
~
u
u
u
HEAL THY. START
FAX
. COALITION
To:
Fax #:
Subject:
Date:
Pages:
Ed5ewa--k1' C,*; fJ1ana.j-lf ; k!enndJ..- I-Ioofkr
(3f(') If;)., Y - :;J..tfOCf .
RequeB~ to appear at your City Council Meeting on:
&//7/0'1
(including this cover sheet)
t/h9/W -- 7:,.fY\.
Please see attached request to appear at your next City Council Meeting for
a brief presentation.
Please con~act: Yvette Vela2quez/Ad~inistrative Assistant, at the number
listed below to arrange for us to be placed on your agenda, or if you have any
questions/concerns.
Tha~k y~u. Yvette Velazquez
Confidentiality Notice: This f/IX transmission is for the sole use of the rccipienl(s) and may ~tain confidential and priVileged
information. Any unauthorized review, use, disclosure or distnoution IDlIY be a violation of criminal statutes. It)'Qu are not the
intended fC(:ipient. please contact the sender immediately at the adcnss or telephone number on the fax transmi~on sheet. and
desttoy all copies of the originAl message. .
-;(1
\o~
The Hea1thy Start Couoon of Flagler & VoTusJa .
Counties, Inc.
232 North Amelia Avenue
Dt:Land, FL 32724~342
0\1'6 ()~ ~~\
"l ~ "''"'" \; ~
i *"'-' ) ~
~~ I~~ - ._ .,.\..
00-- J::> , \ ,J\ ( S
'\ "'\,...- J'- .....0"" '. \; v \~.
'0 ~~ ,\
~"\..~v-/
.:;J::>v
Phone; (386) 736-1629
Fax: (386) 736-8447
E-mail: healthystart1v~hea~ystartfv.org
;,. 4.-07-2004. 1: 50PM
i
.
u
u
u
FROM 904.74.03219
P.2
I)'~c~
4pq p "'-.ft'l:~
C}~ Ih llc?c?1
19/Jqf),
~&,.
HEALTHY
START
The Healthy Start Coalition
qJ Flaglet- atJd Volutia Countie.s:, Inc.
Edgewater City Council
City Manager: Kenneth Hooper
Dear Mr. Hooper:
The Healthy Start Coalition of Flagler and Volusia Counties would like to request
approximately 15 minutes on your agenda to report to you our services for the families of
Edgewater. We would like to appear before you on 4/19104 at your 7:00 p.m. meeting.
Why is there a Healthy Start Coalition? In .1992, Florida discovered it faced a critical
challenge. Its babies were dying at an unacceptable rate due at least in part to mothers not
receiving timely prenatal care. Since that time when the Florida legislature charged the
people of the state to come together locally to meet the needs of their communities, our
Coalition has been serving women and babies in our two county catchment area. More
than 350 organizations and individuals make up the Coalition and nearly 3,000 women
and infants were served by the program in fiscal year2003.
Our Coalition is proud of its accomplishments. We now not only serve pregnant women
and their infants but have gone a step further. We have maximized our resources through
the integration of the Healthy Start and Healthy Families programs. And, in Volusia
County, we have also added the School Readiness Coalition to our contract management
services. What does aU this mean to your constituents? That is what we would like to
share with you when we present.
Thank you for your time and consideration.
4R~~
Lize Kalashian, Executive Director
Healthy Start Coalition of Flagler and Volusia Counties
232 No Amelia Avenue. DeLand, Florida 32724
'T., Phone (386) 736-1629 · Fa.'\ (386) 736-8447
1=: . M.,,; I h..... It.h"..." .....4;,@h....) h.h".~.) l"1"4;, nro-
-
~I"
()
o
~c...
. ,
'rnclamatinn
(0~~ite o~ theuUoyo/t
WHEREAS, public works services provided in our community are an integral part
of our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the
efficient operation of public works systems and programs such as water, sewers, streets and
highways, public buildings, solid waste collection, parks and canal maintenance; and
WHEREAS, the health, safety, and comfort of this community greatly depends on
these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skill of public works
officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff
public works departments is materially influenced by the people's attitude and understanding of
the importance of the work they perform; and
WHEREAS, this year's theme "24/7: Focused on Our Community" is a tribute to
the positive improvements public works employees have made to our communities.
NOW, THEREFORE, I, Donald A. Schmidt, Mayor of the City of Edgewater,
Florida, do hereby proclaim the week of May 16 through May 22, 2004 as
"NATIONAL PUBLIC WORKS WEEK"
in the City of Edgewater, and call upon all citizens and civic organizations to acquaint themselves
with the issues involved in providing our public works and to recognize the contributions which
public works officials make every day to our health, safety, comfort, and quality of life.
)u Bitl1tlili _1ytrtnf 9 haIJe helle unto set- my hand and cau~ed the glleat
gea~ 06 the City 06 8dgewatell to be a66IXed
Done at the Edgewater City Hall in the
County of Volusia STATE OF
FLORIDA this 3rd day of
March in the Year of Our Lord
two thousand and four
~~~
~ _ "~..' -.: :;;.~: .. ~ ....;., ~.: .:~ . ,. 'c .y~,. ,~,. ,,' 'l-!.;" , 10'.' ,'.. ~ ~. ,< it_'" . ,~:,,~
":~.-"t.1S:"';;:;,{:; lolv.~':.~.~...n... ,,~ ol:;'- <;1ur~:~"~~:\I;~~'''':':'~'~J~f\'''~~;.'t~r.'~i'~~~ ~'''';i :f/" '<f'<:l~1I'tt; t.~'f'r~- l'ft.;....t*..,.l'f,"~... ~,~h,~~'1~~~~p.i.~';'!,t~.~\lIjijf:~
v
v
'->
~
J
(,. (\.
AGENDA REQUEST
Date: 4/22/04
PUBLIC
HEARING
xx
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Public Hearing to Discuss Commercial Garbage Collection and Hauling,
including Construction and Demolition Materials, within the City of
Edgewater, and Potential Changes to the existing practice.
BACKGROUND:
On March 5,2004, the City sent notification to all private companies that provide
commercial solid waste hauling services within the City of Edgewater, that the
City is considering entering into an exclusive agreement that would displace all
other haulers within the City of Edgewater, and a public hearing on the matter
would be held during the regular session of the Edgewater City Council Meeting
on Monday, May 3, 2004 at 7:00 pm. The Public Hearing will be for the purpose
of seeking comment on the advisability of the City of Edgewater entering into the
exclusive agreement and displacing all other haulers.
STAFF RECOMMENDATION:
Staff recommends the preparation of a Request for Proposals and
advertisement to solicit proposals to enter into an agreement with
one company to provide commercial solid waste hauling services
within the City of Edgewater, and an agreement for one company
to provide Construction and Demolition Materials Waste Hauling
in the City of Edgewater.
ACTION REOUESTED:
A motion to authorize staff to prepare a Request for Proposals to solicit
proposals to enter into an agreement with one company to provide
commercial solid waste hauling services with the City of Edgewater, and
for one company to provide Construction and Demolition Materials Waste
Hauling within the City of Edgewater, and for staff to prepare a
recommendation to Council based on the responses to these solicitations.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
, "
..
Respectfully submitted,
~~,\A"kA~
Department IDrector
C:\MyDociments\TerrysFiles\AgendaRequest
~~~~~~X
Robin Matusick, Paralegal \..
Kenneth R Hooper
City Manager
CI
o
o
I
,
u
u
u
b.~
AGENDA REQUEST
Date: April 16. 2004
PUBLIC
HEARING
ORDINANCE May 3. 2004
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2004-0-20
Mr. Bruce E. Moss has requested a change in zoning
classification to City 1-2 (Heavy Industrial) for property
located at 117 North Flagler Avenue.
PROPOSED USE: RV/outdoor storage
LOCATION: 117 North Flagler Avenue (Pill # 7452-01-00-0355)
AREA: :!: 3.29 acres
CURRENT LAND USE: A 1,683 square foot office space and warehouse.
FLUM DESIGNATION: Industrial
ZONING DISTRICT: City of Edgewater IPOO (Industrial Planned Unit Development); minus an existing
agreement
VOTING DISTRICT: 1
SURROUNDING AREA
,Current Land Use FLUM Designation Zoning District
North Industrial Industrial IPUD (Industrial Planned Unit
FEC railroad right of way Development)
East FEC Railroad right of way Industrial I-I (Light Industrial)
South Commercial business Industrial 1-2 (Heavy Industrial)
West Vacant Industrial IPUD (Industrial Planned Unit
Development)
council agenda request
,
,
\
Background The use of the subject property has been discontinued/abandoned for several years. The last
occupant was Quality Recycling in 2001. The owner/applicant is proposing to use the site for RV/outdoor 0
storage. The owner/applicant is choosing to rezone the property to 1-2 (Heavy industrial) which allows outdoor
storage as a permitted use. The owner/applicant must obtain site plan approval to ensure stormwater, parking,
and screening requirements are adequately provided prior to any further development on this property.
The Planning and Zoning Board voted to send a favorable recommendation to City Council for rezoning at
the regular meeting of April 14, 2004.
Land Use Compatibility Rezoning this property to 1-2 (Heavy Industrial) is compatible with the surrounding
industrial uses.
Adequate Public Facilities This site has access to West Park Avenue via Railroad and Flagler Avenues. City
water and sewer are currently available on site.
Natural Environment Soil types on this parcel are primarily Myakka fme sand with an area of Tavares fine
sand, 0-5% slQpe on the northeast comer of the property. Vegetation is minimal on site.
Other Matters Section 21-36.03 of the City ofEdgewater's Land Development Code states "all outdoor storage
shall be screened from view by a six foot higll stockade fence or masonry wall". There is an existing chain link
fence surrounding the site. The Land Development Code further states "existing sites with chain link fence may
be enclosed with slatting".
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance No. 2004-0-20 for the change in zoning classification to City 1-2 0
(Heavy Industrial) for property located at 117 North Flagler Avenue.
ACTION REOUESTED:
Motion to approve Ordinance No. 2004-0-20 for the change in zoning classification to City 1-2 (Heavy
Industrial) for property located at 117 North Flagler Avenue.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~(\y>:Y~'r-,
Robin Matusick ~
Paralegal
~~
Kenneth R. Hooper
City Manager
o
council agenda request
)>
}
u
u
u
ORDINANCE NO. 2004-0-20
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FRO~ IPUD (INDUSTRIAL PLANNED
UNIT DEVELOPMENT) TO CITY 1-2 (HEA VYINDUSTRIAL)
FOR PROPERTY LOCATED AT 117 NORTH FLAGLER
AVENUE (PARCEL IDENTIFICATION #7452-01-00-0355),
EDGEWATER, 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. Bruce E. Moss is the owner of certain real property located at 117 North Flagler
Avenue, Edgewater, Volusia County, Florida. Subject property contains approximately 3.29 acres
more or less.
2.
The owner/applicant has submitted an application for a change in zonmg
classification from IPUD (Industrial Planned Unit Development) to City 1-2 (Heavy Industrial) for
the property described herein.
3. On April 14, 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 May 3, 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
April 22, 2004.
Shtlck tluotlgh passages are deleted.
Underlined passages are added.
2004-0-20
1
5. On May 17,2004, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 6,2004, 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 of the 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 IPUD
(Industrial Planned Unit Development) to City 1-2 (Heavy Industrial):
Stl t1Gk tldot1l5,h passages are deleted.
Underlined passages are added.
2004-0-20
2
,
I
~
o
o
o
I
\
I
u
The following described real property all lying and being in the County of V olusia
and State of Florida:
Lots 35J and Lot 35K and that portion of Lots 35L, 35M 350, 35P, 35Q and 35R,
lying Southeasterly of the Florida East Coast Railway, known as the Edgewater
cutoff, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT, according
to the plat thereof, recorded in Map Book 3, Page 137; and that portion of Railroad
Avenue lying Northerly of the South line of Lot 35L, Northerly to the Florida East
Coast Railway right of way, all lying in ASSESSOR'S SUBDIVISION OF THE G.
ALV AREZ GRANT, according to the plat thereof, recorded in Map Book 3, Page
137 of the Public Records of Vol usia County, Florida.
Containing approximately 3.29i: acres.
(Parcel #7452-01-00-0355)
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OFEDGEWATER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
U 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. Ifthis
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
Stl dck tl.IOt1!!,h passages are deleted.
'Underlined passages are added.
o
2004-0-20
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 V olusia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on April 19, 2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
St,uGk tl'lIotl~;h passages are deleted.
Underlined passages are added.
2004-0-20
4
,
J
.
o
o
o
.
J
,
,...,)
u
~
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
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
IStl tlGk t1UOtl!1,I. passages are deleted.
Underlined passages are added.
2004-0-20
AYE
NAY
day of May, 2004.
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistan t/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this _ day
of May, 2004 under Agenda Item No. 6_.
5
~
t
It) Q.
C) . ~ e
'''It e Cl..
Ii' <Iz :::J 1:)
N ~ .~
~ "- ..Q
. (j ~
'~I
1\
~
"
L-
c:J
~
~.~
.
AGENDA REQUEST
u
Date: April 23. 2004
PUBLIC HEARING
CONSENT X
RESOLUTION
OTHER BUSINESS May 3. 2004
ORDINANCE
CORRESPONDENCE
ITEM DESCRIPTION:
Declare City assets as surplus and grant permission to dispose of the items through auction or trash
disposal.
BACKGROUND:
The items listed in the attachment have been determined to be surplus by the Department Directors
and the City Manager. Council must approve all items as surplus, before any of these items can be
disposed. Fisher's Auction (based in Edgewater) has coordinated with the City of New Smyrna
Beach and will once again provide auctioneer services. The auction will begin at 9 a.m. at the New
Smyrna Beach Public Works Complex on May 15,2004 and will be held in conjunction with the
City of New Smyrna Beach, City of Daytona Beach Shores, City of South Daytona, and the City of
Ponce Inlet.
STAFF RECOMMENDATION:
Staff recommends approval of declaration of the attached list of items as surplus and therefore they
can be disposed through, auction or trash disposal.
u
ACTION REQUESTED:
Motion to declare the list of items as surplus and allow for disposal by auction, or trash.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
Concurrence:
r .A:: (hatSJ,~
lie A. Christine
Pur hasing Agent
.,..
~~~~
Robin L. Matusick t
Paralegal
~~&'\2,~
Kenneth R. Hooper
City Manager
u
"It
o
o
N
a:::
o
LL.
C/)
:E
W"It
t-O
-0
ZN
o a
_II)
t-"'"
0>-
::J n:I
<:E
J
..
o
W
o
Q2
Q.
C)
a:::
o
omooooooo
omoooC!OOO
cioiciuiM......ooci
('t)mooC\Jcooml{)o
co('t)I{).......I{)......C\J-.;t-.;t
............ai.........ci......................-~
...... ......
00
00
""""
00('t)
I{)-.;t
c:i~
...... ......
oooo('t)ooooo
ooC!C!......ooooo
oioiol{)"<ir--:ciuicicx:i
C\JC\J1{)C\J('t)00.......('t)1{)
-.;t-.;t('t)('t)('t)ooooo......
cic:i............C\JOO~N.........N
C\JC\J ............ C\J
m
m
oi
m
.......
~~~~~~~~~
~~
~~~~~~~~~~
~
t-
Q.
W
C
9 9 0.10. 919 0. 0. III III III 0. 15.
1~99 - Q)Q)Q)Q)Q)Q)Q)Q)55c:~~
15.:::15.9 OOOlllllllll____oooooooo~~g....
Q)oooQ)oQ)-~Q)Q)Q)~~~9999""""""""""""""Q)""ro....~ro....Q)""Q)
0.>:;- ............Q)Q)Q)Q)Q)Q)Q)Q)Q)Q)Q) _
O~~~OgQ)Q)~a:::a:::~~~OOOOrorororororororo~~~roro
c:~U~U~U~,~,5~~:::ooo~~~~~~~~~~~~oooll
~c:oo~~~===~~~~EEEEEEEE~~~ww
rol~>>=~==""""""~~~----ooooooooQ)Q)Q)roro
~uuu~~~~~~~~~~~~~&oooooooooooooooo~~~~~
~
Z
~
S
a:::
W
C/)
......m~m I{)
~~.......o ('t)
-.;tocoOo ~
1{)C\J-.;tC\Jo
......('t)IlJCO('t) 0::)
m.......z....... I ~ t:: COI{)
--l:2:--l~('t)-.;t C\J ZC\J
~><('t)Q)~o~......~--l('t)
-.;tcoz~o-ffizwzz~
1{)-.;t1.C) Q) U C\J('t)
5C3~E-gu :2: u.w
>.wOO:2: I-
............I-('t)
(!)(!)u.~ U.
C\I~~ ~
o
COC\J
oco
....... m
C\JC\J
......co
C\J -.;t ><{ U
com ::)
('t)('t)COUI
('t)C\JC\J.......-.;t
......99I<(
C\JC\JOO
............u.......
~a:::
o~
u.u.
...... ......
C\J
~"""'1.C)
.......mco 00
.......l.Oco...... C\J
......cot::g ~
C\Jco::)......-.;t 0
-.;t.......~('t)......<{
ml.C)oocou_~
('t)~<(~-.;tzco
('t)o~C\JN 0
~a:::zC\J ......
ucoo 00
I--.;tl{) ><
u.......o
......
.......
I
00
I{)
o
('t)-.;t
-.;t('t)
0......
C\J
Z
I{)
......
00 ;:~
~I{)mco+-.;t
..............cocow('t)
C\J.............('t)('t) I{)
ocoC\J-.;t~~
9ro~~('t)""'"
...... ......CI)
...... ......::)
'It
t-
W
C/)
C/)
<
-.;tOO.......-.;tI.C)-.;t.......OOC\JCO C\J.......momCO.......l{)moo.............('t)
I{)C\JCO.......oo......ocooom COCO-.;tN..................moom-.;tC\J......
-.;to............ococo-.;t-.;t...... OO..............................O-.;to......mm
000000000...... ................................................0............00
0000000000 0000000000000
0000000000 0000000000000
~~~~gggggggggg~ggggggggggggg
zzzz~~~~~~'It'lt'lt'ltZ~~~'It'lt~~~~~~~~
IS
Q)
~
o .... Q)
....... ~ I~ .... ~:'~
...... ~ Ig ~o ~~
~ I ~ Q)_
I{) U :2: Q ~ ,_
~ ~ "<i ~ ::) oe
........ ro 0 ro ....C\J ~ TI~ ~ o..m
Q)Q) c: 2('t)a::: Q)a::: ~ 2w 0 lIIO
:5 "E 'E Qj I- Ir? Qj "E ;: I- I .... ii: ~ ~
~8mm ~~~U'~~c: oo~~~ QjOQ)Qj QQj
....Q)~~.... --l>~Q)~B -~Q)"" "-~~""C:E~
Q)a:::~~ ....-ro~~CI)o WlllU Q)........ ~u5~Q)o 5
- uo2Q)~Uu~oro Q)~~~Q)Q)........ ~~E~~~~E
~~lIIlII~~e~ii:UU~ "E~~....~~~Q)Q)TIa:::l-oa:::~Q)o..o
~~~~EI~~~"E~€"EQj~~"E~~~~~~2"E~U"E--lI-}U
~~I-I-UOo~~olgERlilblllR~~~~:2::2:~furo~~~!~lg
alii"""" uUUU.c:CI)~I~OQ)~ ~Q)Q)~~Q) _ ~Q)Q)IQ
'C ,~ ,~U ,............ 0 :c ...... ...... Q) ~ Q) 0 ...... ~ > > III III ~ ....... m c: m ~ E co E
:2:~c:c:Uo..mmmBmoo~lII~mmuroro~~ooo.......rooou _
,..., I'" <<l <<l 0::: I ~ ~ ~ '0..- m m ;> ro > m m ro .... .... ,- ,- ~ m m ~ m ro 0 0 0
~ ~~~ '" ............CI)(!)>............CO~(!)u.u.CO............O......COI......U
......
00
00
o
o
o
~~g
zz~
o
:E
W
t::
,
..
u
u
u
~
o
o
N
0:::
o
LL
CJ)
:Ii:
W~
1-0
-0
ZN
o ~
_II)
I-~
0:>-
~ l'll
ct:li:
w 0
0 0
ii2 cO
0
c.. CO
C) T"""
0::
0 ~
9.- Q. c. Q. c. Q. Q. c. Q. 9 9 9 c. Q. 0. i5. - C. c. 9.- 9.- 9.- 9.- c. c. c. c. C. 10. 9 9
0.
Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q)
I- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
c.. Q) Q) ~ Q) Q) ~ Q) Q) ~ Q) Q) ~ Q) Q) ~ ~ ~ Q) ~ Q) Q) ~ Q) Q) ~ Q) Q) ~ Q) Q) ~
w .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... ....
c u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u:
'<t
l"-
I"-
0 '<t I"-
0> 0 T"""
(\") LO N (\") T""" N
:u: T""" N T""" N LO W I"- Z LO 0 co
<0 LO (\") <0 I"- 2 (\") (\") N (\") 0> T""" l"- (\") LO T""" (\") ~
Z LO (\") (\") T""" '<t CO T""" 0 Z 0>
T""" T""" LO LO LO LO N U '<t N LO T""" 0 CO N N (\") LO (\") ....,
~ ~ >< LO <0 <0 T""" '<t 0 LO '<t C) I- <0 l"- N 2 N 3: (\") <0 0 0 '<t I"- 0 T"""
0 0 0 0 <0 LO '<t 0 0>
LO N 0 0 N CO T""" (\") l"- T""" T""" CO <0
C) 0 <( 0 Uj> T""" ~ ~ (\") ~
CO 0> ...., ...., <0 (\") 0 0 (\") '<t <0 N N LO (\") '<t 0 co T""" T""" 0 N
ct 3: 3: a.. C) C) 0 l"- I"- I"- <0 0 <0 0 CO CO 0 <( N '<t CO 0 LO I 0 0 LO 0
I I CO 0 CO T""" 0 0 (\") I"- <0 T""" ~ '<t (\") N '<t '<t 0 I"- <( T""" N '<t Z Z <0 Z
ii2 T""" T""" I 0 CO T""" 0 CO I"- CO 0 0 '<t 0> 0 0> CO CO '<t LO I"- 0> T"""
l"- N T""" T""" '<t 0 N rs CO I"- <0
W I"- 0> <( 0> l"- T""" <0 T""" ~ N T""" 0> I T""" >- >- <0 (f) (\")
a.. a.. CO (\") (\") U l"- N 0>
CJ) '<t '<t '<t ...., 0 T""" ...., CO CO I- LO (f) 0 I"- 2 2 CO ~ T"""
-I -I U. 0 N W I- -I
<( <( I 0 N ~
U. U. U.
N N ~
0
LO
:u: 0 LO 0> CO 0> (\")
I- '<t CO N 0 0 (\")
W N T""" (\") (\") (\") (\")
0 0 0 0 0 0
CJ) 0 0 0 0 0 0
CJ) 0 0 0 0 0 0
ct 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
0 0 0 0 0 0
:tt :tt :tt :u: :tt :tt Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z z
-e "'0
-e ....
III III 0 ,Q 0 III III ....
'C 'C 15 15 III 0 "'0 0 0
.9 0 "'0 0 "'0 ~ .... "'0 "'0 "'0 ~ .... .... .... ....
t5 ~ ~ ~ .... III .... .... .... ~ Q) Q) .$ Q)
u ~ III 0 III III III ~ -e c:: Q) ~ - .... ~
:> :> ~ ~ ~ 0 Q) ~ 0 -e 0 -e 0 -e 0 lJ) .... ::l 6-
.... ~ ~ ~ -g -g ~ III 2 ::l .... Q) 0. .$
III III III Q) .... III III .tl 0 III .... Q) - E E E ~ E
c:: c:: :i= :i= :i= c:: ,g lJ) ~ 0 ~ 0 ~ 0 0 0 .... - ~
:i= ~ lJ) ~ u ~ ~ c:: ~ u 2 ~ Q) c:: 0 0 0 0
e N N N c:: U c:: 'c 10 -g ~ III 'c c:: .... 'C E u u u E u
III 'c 0 ~ Q) Q) 0 .r. 0 x c:: a..
u u lJ) lJ) lJ) u ~ e c:: Q) Q) 'E E ~ ~ U III 'C 0 Q) Q) ~ 0 ~
::l ::l ::l (f) 0 2 I- ~ ~ ~ 0 ~ .g Q) (f) Q) 2 u. a.. c:: U '5- 'a u
:Ii: <0 LO -a -a -a ~ lijl .Q ::l T""" :i= ~ 0 'g. 'Q.
u ~ I- u U lJ) 8; ~ ~ ~ ~ ><
W 0> 0> .... .... .... III Qj 0 :c - 0 Q) .~ E E E E
!= 0> 0> ::l ::l ::l ~ III (f) I- ~ Q) 0 0 l-
T""" T""" C/) C/) (f) 2 2 u. ~ C) <( <( u co a.. <( N :> -I I I W I W W W 0 W
'It
o
o
N
a::
o
LL
en
:e
W'lt
1-0
-0
ZN
o R
_U)
1-'1""
0>.
::J C'Cl
<c:e
J
,
o
W
0
D!:
D.
C)
a::
0
19- 9- 9 "9 9- 9- 9- 9- 9- 9- Q 9- 9- 9 "9 9- 9-
Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q)
I- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
D. Q) Q) ~ ~ ~ ~ ~ Q) ~ ~ ~ ~ ~ Q) Q) ~ ~
W .... .... .... .... ....
C u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u: u:
:3
~ ..... ..... -l N .q-
Z ..... co 0 0 \l) co /'- 0 en ('t") en
en en eX) N co en N W eX) \l) ..... eX)
~ /'- 0 /'- ..... ('t") co \l) 0 ..... eX) co /'-
~ ~ ~ ('t") ..... ('t") /'- .q- ..... ('t") /'- ~ ('t") ..... ~ ('t")
~ N .q- 0 co co ..... /'- 0 .....
/'- ~ 0 ..... N /'- ('t") /'-
<c Z Z Z \l) 0 0 ('t") Z Z \l)
W \l) ('t") ..... .q-
D!: -l en 0 0 ~ eX) 0 /'- en eX) -l
~ N U co I 0 I-
W ..... 0 \l) I.L. ..... C/) .q- x :c :c
0 en \l) eX)
en ('t") ..... ('t") en /'- ..... C/) 0 0
0 0 0
.....
W
~
I-
W
en
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
.... .... ....
.... .... .... .... Q) ....,B ,g ....
Q) 2 2 .... Q) c: Q. Q) "- Q) ....
- Q) c: c: (:. ~ c: c: ~ Q)
9 9 9 ~ c: ro 0 0 ~
ro u .... .... ~ ~
E E E u l/) Q) .... Q) .... 1ij- E E
E .... C/) c: 0 - 0 u u E
0 0 0 2 c: - c: - 0 0
U U U 0 .... ro c: "c 'C 'c -l U 'c 'c u 0
U ,!: Q) u ro 0 a. 0 ro 0 0 U
~ ~ ~ .... Q) l/) u ~ ~ :9 ~ C/) C/) ~ ~
~ a. c: ro C/) c:
:e 'Q 'Q 'g. 0 .J::. I'g ~ S: I'g.
'g. a.: 0 E u ~ ,~ u l/) 'g.
W E E E l/) '00 "C ro ro 0 E Q) E l/)
!:: w w w z :c :> a. ~ U W ~ I- W :> :> w z
o
o
q.~.
~
u
AGENDA REQUEST
CM: 2004-41
Date: April 21, 2004
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS Mav 3. 2004
CONSENT
ITEM DESCRIPTION:
The City of Edgewater has received a request from the B.P.O.E.#1557 (Elks Club) to purchase
approximately 3.13 acres located in the ParkT owne Industrial Center. The purchase price is $65,000
per acre ($203,450). The proposed use is designated as a fraternal club facility.
BACKGROUND:
ParkTowne Industrial Center was created by approval of the Development Agreement by the
Edgewater City Council on February 3, 2003. The park is approximately 330 acres and the City
owns approximately 50% of the land. The purpose of the park is to create an economic benefit for
the City and its residents. The goal is the creation of tax value and new jobs.
u
The Development Agreement sites permitted uses and prohibited uses within the park. The proposed
use as a fraternal lodge is a prohibited use and will require the approval of the owners and City
Council. The request is for a fraternal lodge located within 1000 feet of the entrance along
ParkTowne Boulevard.
Discussion: The proposed use does not meet the goals of new jobs and substantial increase in tax
value. The Elks Cub will be taxed at approximately 30% of the assessed tax value and will create
an annual employment amount of $80,000.
The Elks Club offers other substantial amenities to the City of Edgewater such as a community
center for meetings and social events, sponsorship oflocal athletic programs and community services
for the residents. The Elks Club has offered to offset their lack of jobs and tax values with other
tangible benefits to the community. The site plan proposed by the Elks Club would be an aesthetic
advantage for ParkTowne Industrial Center
STAFF RECOMMENDATION:
Approval of the amendment of the ParkTowne Industrial Center Development Agreement allowing
a fraternal lodge within 1,000 feet of the entrance.
ACTION REQUESTED:
Motion to amend the Development Agreement as presented and direct the City Manager to obtain
approval from property owners within ParkTowne Industrial Center.
Q FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
:ejrn
1:\1 iz _ docs\agendarequests\e1ksc1 ub05 03 04
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: AprilS. 2004
AGENDA ITEM NO. 9.A.
Respectfully submitted,
~~
K eth R. Hooper
City Manager
V'0~(:'. 0',,&a\~~~ Q\,-,,\.~~~ ~ -..:..-. ~~
. <:-~ \~"-'\~ 066"'"< \~~" ~0,.,,"
. ~ ............"'\..~....~ ,
:ejm
I: \liz _ docs\agendarequests\elksclub050304
o
o
o
o
u
o
AMENDMENT TO DEVELOPMENT AGREEMENT
P ARKTOWNE INDUSTRIAL CENTER
THIS AMENDMENT TO THE DEVELOPMENT AGREEMENT made and entered into
this
day of
,2004, by and between the CITY OF EDGEW ATER, FLORIDA,
a municipal corporation, (hereinafter "City") and OSCAR ZELLER and JULIAN GREENE,
MASSEY ENTERPRISES, SCOTT S. and JENNIFER P. PORTE, DR. LESLIE and RITA
MORGAN, BRADLEY C. STEWART, WALTER WARNING and NIT HOLDINGS, LLC
(collectively the "Owners").
WITNESSETH, that the parties have agreed to amend that certain Development Agreement
dated February 3,2003 and recorded into the Public Records of Vol usia County, Florida, on May
8, 2003 at Official Records Book 5070, Pages 2930 - 2956, that:
1.
Paragraph 4. DEVELOPMENT USES PERMITTED is hereby amended to read as
follows:
4. DEVELOPMENT USES PERMITTED
The Owners hereby agree to develop the Park subject to the terms ofthis Agreement and in
accordance with the City of Edgewater's "IPUD Zoning Classification" as defined in the currently
adopted Land Development Code as amended from time to time. The Park shall be developed
consistent with the City's development review procedures. Development of the Park shall be
consistent with the following:
A. Minimum Lot Size
One Acre
B. Maximum Lot Coverage
(Agreement/Development- ParkTowne-Amendment# 1)
1
No more than 80% ofthe surface area of any parcel shall be developed as impervious
surface area.
C. Regulation of Uses /Designated Use Areas
It is the intent of this section to establish two (2) designated "Areas" of the Park
whereby only certain business and industrial type uses shall be permitted to ensure
the Park will be developed with uses that are attractive, inviting, aesthetically
pleasing, and harmonious with the surrounding property, businesses and industry.
Any parcels within the Park, hereinafter referred to as Areas "A" and "B" and shown
on the attached Preliminary Development Plan, may be developed and used in a
manner established for that particular Area. Area "A" is restrictive and is intended
to have outdoor storage as an ancillary use. Area "B" is less restrictive and outdoor
storage is authorized. The permitted use in one Area may be prohibited in another
Area or as amended and provided for from time to time.
Industrial, warehousing, office, accessory retail and commercial use ofthe Park may
be permitted within designated areas, subject to compliance with applicable
provisions of the City's codes or ordinances, provided it is primarily performed or
carried out in accordance with an approved site plan that is so designed and
constructed such that the operation and the uses do not cause or produce any of the
following effects:
Any trade or activity, or material (including advertisement), that is pornographic,
obscene, lewd or lascivious;
Disposal of any hazardous waste in any form on the site;
(Agreement/Development-ParkTowne-Amendment#l)
2
o
o
o
u
Dust, dirt, flying ash, smoke or pollutants that exceed FDEP air quality standards;
Noise, light, sound or vibrations that are objectionable due to intermittence, intensity,
beat, frequency or shrillness;
Toxic, or corrosive fumes;
u
Pollution of groundwater that exceeds FDEP water quality standards;
Fire or explosion hazards;
Violations of the City of Edgewater Land Development Code, City Code of
Ordinances, Florida Building Code, Life Safety Code, Federal Aviation
Administration Standards or all other applicable Federal and State Standards.
1) Permitted Uses (see Preliminary Development Plan for Area locations)
The following uses are general in nature and permissible in the designated Areas.
Other uses will require a modification of this Agreement signed by the Owners and
the City.
AREA "A"
Aircraft Manufacturing (outdoor use as an accessory use)
Boat Building, sales and service (outdoor storage as an accessory use)
CommerciaVIndustrial Equipment and Supplies
Distribution Facilities (without outdoor storage)
Financial Institutions
Fleet Based Services
Laboratories
Manufacturing
Q . (Agreement/Development-ParkTowne-Amendment#l) 3
Marine Related Industries
Outdoor Equipment Sales
Outdoor Storage as an accessory use consistent with Declaration of Covenants,
Conditions and Restrictions
Professional Office Facilities
Research Facilities
Retail - as an accessory use to manufacturing
Retail Home Building Materials
Schools - Private (adult vocation)
Truck Freight Terminals
Warehouse Storage (without outdoor storage)
Warehousing and Storage (without outdoor storage)
Wholesale and Distribution (without outdoor storage)
Xerographic and Offset Printing
o
o
AREA "B"
All uses in Area "A"
Aluminum, Steel, Plastic Container Transfer Station
Boat Building, Repair and Storage
Bulk Processing
Containment Facilities
Distribution Facilities (with outdoor storage)
Machine Shop/Repair
(Agreement/Development-ParkTowne-Amendment# 1)
4
o
u
Outdoor Storage
Recycling Facilities
Rock Crushing
Shipping Facilities (railroad usage)
Telecommunication - Unmanned
Telecommunication Towers
Wholesale and Distribution (with outdoor storage)
Warehouse Facilities (with outdoor storage)
2) Prohibited Uses
The following uses shall not be permitted withing the Park. Prohibited uses shall
include, but may not be limited to the following:
Adult Entertainment
Agriculture - General
Aquiculture
AuctionIFlea Markets
Bed & Breakfast
Car Wash
Cemeteries
ChauffeurN ehicle for Hire
'->
Crematoriums
Day Care - Children or Adults (accessory use is permitted)
Disposal of refuse, solid waste, hazardous waste
u
(AgreementJDevelopment-ParkTowne-Amendment# 1)
5
Fish Camp
Funeral Homes
Horne Occupations
HotellMotel
Lodges - FratemaVSorority
Manufacturing of Raw Chemicals
MedicallDentalOffices
Mini-Warehouses
Mobile Horne Sales
Night Club/Lounge/Bar
Nursing Homes
Personal Service Facilities
o
Pool Hall/Billiards
Places of Worship
Places of Worship - Schools
Quarrying of any material
Refining of Petro Ie urn or of its products
Restaurants (accessory use of employees is permitted)
Salvage/Junk Yards
Schools - Public
Shopping Center
Silviculture
o
(Agreement/Development-ParkTowne-Amendment# 1)
6
o
Q
u
o
2.
Stockyard or Slaughter of animals
Taxidermy
Theaters
Tire recapping facility
TowinglWrecker Service and Impoundment
D. Special Exception
There shall be a special exception for the propertv located within one thousand feet
(1.000') from the entrance to the Park. Onlv within this area mav a Lodge -
Fraternal/Sorority be located.
B ~. Platting of lots
The City and Owners agree to plat parcels in accordance with Florida Statutes when
a lot split or subdivision is made.
In all other respects, the terms and conditions ofthat certain Development Agreement dated
February 3,2003, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to the Development
Agreement to be made and entered into the day and year first written above.
(Agreement/Development-ParkTowne-Amendment# 1)
7
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
Dated:
Robin L. Matusick
Paralegal
Additional Signature Pages to Follow o/Owners
(AgreementIDevelopment-ParkTowne-Amendment# 1)
8
o
o
o
u
u
(.)
OWNER
Witness
Oscar Zeller
Witness
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared OSCAR ZELLER, 0 who is
personally known to me or 0 who produced as identification
and who executed the foregoing instrument and acknowledged before me that he executed the same.
of
WITNESS my hand and official seal in the County and State last aforesaid this
,2004.
day
(Seal/Stamp)
(Commission Expiration Date)
Notary Public
State of Florida at Large
(Agreement/Development-ParkT owne-Amendment# 1)
9
OWNER
Witness
Julian Greene
Witness
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Julian Greene, 0 who is personally
known to me or 0 who produced as identification and who
executed the foregoing instrument and acknowledged before me that he executed the same.
of
WITNESS my hand and official seal in the County and State last aforesaid this
, 2004.
day
(Seal/Stamp)
(Commission Expiration Date)
Notary Public
State of Florida at Large
(Agreement/Development-ParkTowne-Amendment#l) 10
o
o
o
u
u
OWNER
MASSEY ENTERPRISES
Witness
John S. Massey, Managing Partner
Witness
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared John Massey as Managing Partner
of Massey Enterprises, D who is personally known to me or D who produced
as identification and who executed the foregoing instrument
and acknowledged before me that he executed the same.
of
WITNESS my hand and official seal in the County and State last aforesaid this
,2004.
day
(Seal/Stamp)
(Commission Expiration Date)
Notary Public
State of Florida at Large
U (Agreement/Development-ParkTowne-Amendment#l) 11
OWNER
MASSEY ENTERPRISES
Witness
Doris E. Massey, Managing Partner
Witness
Signed, sealed and delivered
in the presence of:
ST ATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Doris E. Massey, Managing Partner
of Massey Enterprises, 0 who is personally known to me or 0 who produced
as identification and who executed the foregoing instrument
and acknowledged before me that he executed the same.
of
WITNESS my hand and official seal in the County and State last aforesaid this
,2004.
day
(Seal/Stamp)
(Commission Expiration Date)
Notary Public
State of Florida at Large
(AgreementJDevelopment-ParkTowne-Amendment# 1) 12
o
o
o
<J
u
OWNER
Witness
Scott S. Porta
Witness
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared SCOTT S. PORTE, 0 who is
personally known to me or 0 who produced as identification
and who executed the foregoing instrument and acknowledged before me that he executed the same.
of
WITNESS my hand and official seal in the County and State last aforesaid this
,2004.
day
(SeaVStamp)
(Commission Expiration Date)
Notary Public
State of Florida at Large
'-> (Agreement/Development-ParkTowne-Amendment#l) 13
OWNER
Witness
Jennifer P. Porta
Witness
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Jennifer P. Porta, 0 who is
personally known to me or 0 who produced as identification
and who executed the foregoing instrument and acknowledged before me that he executed the same.
of
WITNESS my hand and official seal in the County and State last aforesaid this
, 2004.
day
(Seal/Stamp)
(Commission Expiration Date)
Notary Public
State of Florida at Large
(Agreement/Development-ParkTowne-Amendment# 1) 14
o
o
o
u
u
OWNER
Witness
Dr. Leslie Morgan
Witness
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Dr. Leslie Morgan, 0 who is
personally known to me or 0 who produced as identification
and who executed the foregoing instrument and acknowledged before me that he executed the same.
of
WITNESS my hand and official seal in the County and State last aforesaid this
, 2004.
day
(Seal/Stamp)
(Commission Expiration Date)
Notary Public
State of Florida at Large
Q (AgreementJDevelopment-ParkTowne-Amendment#l) 15
OWNER
Witness
Rita Morgan
Witness
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared RITA MORGAN, 0 who is
personally known to me or 0 who produced as identification
and who executed the foregoing instrument and acknowledged before me that he executed the same.
of
WITNESS my hand and official seal in the County and State last aforesaid this
,2004.
day
(Seal/Stamp)
(Commission Expiration Date)
Notary Public
State of Florida at Large
(Agreement/Development-ParkTowne-Amendment#l) 16
o
o
o
u
u
OWNER
Witness
Bradley C. Stewart
Witness
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared BRADLEY C. STEWART, D who
is personally known to me or D who produced as identification
and who executed the foregoing instrument and acknowledged before me that he executed the same.
of
WITNESS my hand and official seal in the County and State last aforesaid this
, 2004.
day
(Seal/Stamp)
(Commission Expiration Date)
Notary Public
State of Florida at Large
~ (AgreementIDevelopment-ParkTowne-Amendment#l) 17
OWNER
Witness
Walter Warning
Witness
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared WALTER WARNING, 0 who is
personally known to me or 0 who produced as identification
and who executed the foregoing instrument and acknowledged before me that he executed the same.
of
WITNESS my hand and official seal in the County and State last aforesaid this
,2004.
day
(Seal/Stamp)
(Commission Expiration Date)
Notary Public
State of Florida at Large
(Agreement/Development-ParkTowne-Amendment#l) 18
o
o
o
u
~
u
OWNER
NIT HOLDINGS, LLC
Witness
Walter Warning, President
Witness
Signed, sealed and delivered
in the presence of:
ST ATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Walter Warning, President who has
authority to execute this Agreement on behalf of NIT Holdings, LLC, 0 who is personally known
to me or 0 who produced as identification and who executed
the foregoing instrument and acknowledged before me that he executed the same.
of
WITNESS my hand and official seal in the County and State last aforesaid this
,2004.
day
(SeaVStamp)
(Commission Expiration Date)
Notary Public
State of Florida at Large
-
U (Agreement/Development-ParkTowne-Amendment#l) 19
:
Q
u
u
q~
AGENDA REQUEST
Date: 4/9/04
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
xx
ITEM DESCRIPTION:
Metal Roof Replacement
Re-Bid #04-ES-03
BACKGROUND:
On April 6, 2004, bids were opened for the Public Works Facility metal
roof replacement. The bids submitted were as follows:
AWS Roofing
Division 7 Roofing and Sheet Metal, Inc.
Rae Co.
$46,625.00
$47,886.00
$59,000.00
The apparent low bidder, A WS Roofing, submitted an incomplete bid by failing to submit the required Bid
Bond and Drug Free Workplace certification and therefore their bid was rejected for non-compliance with
the bid documents. The next low bidder, Division 7 Roofing and Sheet Metal, Inc., was found to be in
compliance with all bidding requirements for Re-Bid #04-ES-03. Funds for this work have been
reallocated from the Renewal and Replacement Fund Budget by deferring some building construction.
($48,000 allocated).
STAFF RECOMMENDATION:
Staff recommends award of Re-Bid #04-Es-03 to Division 7
Roofing and Sheet Metal, Inc. for the Metal Roof Replacement at
the Public Works Facility at a cost of$47,886.00.
ACTION REOUESTED:
A motion to award Re-Bid #04-ES-03 to Division 7 Roofing and Sheet
Metal, Inc. for the Metal Roof Replacement on the Public Works Facility
at a cost of $47,886.00 and to authorize the Mayor or City Manager to
execute the attached agreement for construction.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
8~!~\U\
C%b .J .-
r\ ~...tJ N r-J'\
Robin Matusick, Paralegal l
C:\MyDociments\TerrysFiles\AgendaRequest
\(~& '\<..\\.a~ \.... f
Kenneth R. Hooper \
City Manager
AGREEMENT FOR
METAL ROOF REPLACEMENT
RE-BID #04-ES-03
o
THIS AGREEMENT, made this day of April, 2004, by and between the CITY
OF EDGEW ATER, a municipal corporation (hereinafter referred to as "City"), whose mailing
address is P. O. Box 100, Edgewater, Florida 32132-0100 and DIVISION 7 ROOFING & SHEET
METAL, INC. (hereinafter referred to as "Contractor"), whose mailing address is 515 LPGA
Boulevard, Holly Hill, FL 32117.
During the City Council meeting held on April 19, 2004, Council approved award ofthe bid
submitted by the above-mentioned Contractor under Re-Bid No. 04-ES-03 and authorized the City
Manager and/or Mayor to enter into an agreement with the Contractor for the Metal Roof
Replacement.
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, City and Contractor agree as follows:
Article 1.
CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution
of this Agreement, other documents listed in this Agreement and Modifications issued after
execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if
attached to this Agreement or repeated herein. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the Contract Documents, other than
Modifications, appears in Article 7.
o
Article 2.
THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others.
Article 3.
DATE OF COMMENCEMENT AND FINAL COMPLETION
3.1 The date of commencement of the Work shall be the date of this Agreement unless a
different date is stated below or provision is made for the date to be fixed in a notice to
proceed issued by the City.
3.2 The Contract Time shall be measured from the date of execution of the Agreement.
(AgreementJDivision 7 Roofing & Sheet Metal {Utilities})
Agr-2004-01 1
o
u
v
u,
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
CITY OF EI)GEWATER
BID OPENING
APRIL 6, 2004
2:00 P.M.
METAL ROOF REPLACEMENT
RE-BID #04-ES-03
MINUTES
Purchasing Agent Julie,Christine opened the bids for the Metal
Roof Replacement, Re-bid #04-ES-03 ,at 2:04 p.m~
The following were present:
Julie Christi,ne
Lisa Bloomer
, Mike' Tenney
Malecia Harris
Bob~ipes
city of Edgewater
City of Edgewater
City, of Edgewater
City of Edgewater
Division 7
Bids were received from, the following:
, AWS Roof irig ,
'Oi vision, & Roofing & Sheet Metal Inc
RaeCo ' ,
The bid opening was olosed at 2:07 p.m.
Minutes submitted by:'
Lisa Bloomer
$46,625.00
$47,886,.00
$59,000.00 '
3.3
The Contractor shall achieve Final Completion ofthe entire Work not later than thirty (30)
days from the date of the Agreement, subject to adjustments of this Contract Time as
provided in the Contract Documents.
o
Article 4.
CONTRACT SUM
The City shall pay the Contractor the Contract Sum in current funds for the Contractor's performance
of the Contract. The Contract Sum shall be a not to exceed amount of forty-seven thousand eight
hundred eight-six and no/lOO dollars ($47,886.00), subject to additions and deductions as provided
in the Contract Documents.
Article 5.
PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to the Project Manager by the Contractor
and Certificates for Payment issued by the Project Manager, the City shall make progress
payments on account ofthe Contract Sum to the Contractor as provided below and elsewhere
in the Contract Documents.
5.1.2 The period covered by each Application for Payment shall be one calendar month ending on
the last day of the month.
5.1.3 Provided that an Application for Payment is received by the Project Manager no later than 0
the 5th day ofthe month, the City shall make payment to the Contractor no later than 30 days
after receipt of the Application. If an Application for Payment is received by the Project
Manager after the application date fixed above, payment shall be made by the City no later
than 30 days after the City receives the Application for Payment.
5.1.4 Each Application for Payment shall be based on the most recent scheduled of values
submitted by the Contractor in accordance with the Contract Documents. The schedule of
values shall allocate the entire Contract Sum among the various portions of the Work. The
schedule of values shall be prepared in such form and supported by such data to substantiate
its accuracy as the Project Manager may require. This schedule, unless objected to by the
Project Manager, shall be used as a basis for reviewing the Contractor's Applications for
Payment.
5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the
Work as of the end ofthe period covered by the Application for Payment.
5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress
payments shall be computed as follows:
(AgreementIDivision 7 Roofing & Sheet Metal {Utilities})
Agr-2004-01 2
o
u
u
o
.1
Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by
the share of the Contract Sum allocated to that portion of the Work in the schedule
of values, less retainage often percent (10%). Pending final determination of cost
to the City of changes in the Work, amounts not in dispute shall be included as
provided in Subparagraph 7.3.8 of AIA Document A201-1997;
Add that portion ofthe Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the City, suitably stored off the site at a
location agreed upon in writing), less retainage often percent (10%);
Subtract the aggregate of previous payments made by the City; and
Subtract amounts, if any, for which the Project Manager has withheld or nullified a
Certificate for Payment as provided in Paragraph 9.5 of AIA Document A20 1-1997.
.2
.3
.4
5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be
further modified under the following circumstances:
.1
Add, upon Substantial Completion ofthe Work, a sum sufficient to increase the total
payments to the full amount of the Contract Sum, less such amounts as the Project
Manager shall determine for incomplete Work, retainage applicable to such work and
unsettled claims; and
Add, if final completion ofthe Work is thereafter materially delayed through no fault
ofthe Contractor, any additional amounts payable in accordance with Subparagraph
9.10.3 of AIA Document A201-1997.
.2
5.1.8 Except with the City's prior approval, the Contractor shall not make advance payments to
suppliers for materials or equipment which have not been delivered and stored at the site.
5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by
the City to the Contractor when:
.1 The Contractor has fully performed the Contract except for the Contractor's
responsibility to correct Work as provided in Subparagraph 12.2.2 of AIADocument
A201-1997, and to satisfy other requirements, if any, which extend beyond final
payment; and
.2 A final Certificate for Payment has been issued by the Project Manager.
5.2.2 The City's final payment to the Contractor shall be made no later than thirty (30) days after
the issuance of the Project Manager's final Certificate for Payment and the issuance of the
Certificate of Occupancy.
(Agreement/Division 7 Roofing & Sheet Metal {Utilities})
Agr-2004-01 3
Article 6.
MISCELLANEOUS PROVISIONS
o
6.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
6.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due
at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to
time at the place where the Project is located.
6.3 The City's Representative/Project Manager is: Brenda Johnson, Assistant Director of
Environmental Services, P. O. Box 100, Edgewater, Florida 32132-0100, (386)424-2476.
6.4 The Contractor's representative is: Robert H. Sipes, President of Division 7 Roofing & Sheet
Metal, Inc. (contractor), 515 LPGA Boulevard, Holly Hill, Florida 32117, (386)252-3377.
6.5 Neither the City's nor the Contractor's representative shall be changed without ten (10) days
written notice to the other party.
Article 7.
ENUMERATION OF CONTRACT DOCUMENTS
7.1
The Contract Documents, except for Modifications issued after execution ofthis Agreement,
are enumerated as follows:
o
7.1.1 The Agreement is this executed 1997 edition ofthe Standard Form of Agreement Between
Owner (City) and Contractor, AIA Document A101-1997.
7.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for
Construction, AIA Document A20 1-1997.
7.1.3 There are no Supplementary or other Conditions of the Contract other than those contained
herein.
7.1.4 The Specifications are those contained in the Proj ect Manual dated as in Subparagraph 8.1.3.
Article 8.
TERMINATION
8.1 The City may by written notice to the Contractor, terminate this Agreement or any Work
Order issued hereunder, in whole or in part, at any time, either for the City's convenience or
because of the failure ofthe Contractor to fulfill their Agreement obligations. Upon receipt
of such notice, the Contractor shall:
.1 Immediately discontinue all servIces affected (unless the notices stipulates
(Agreement/Division 7 Roofmg & Sheet Metal {Utilities})
Agr-2004-01 4
o
u
u
o
.2
otherwise); and
Deliver to the City all data, drawings, specifications, reports, estimates, summaries,
and such other information and materials as may have been accumulated by the
Contractor in performing this Agreement, whether completed or in process.
8.2 If the termination is for the convenience of the City, the Contractor shall be paid full
compensation for services performed to the date of termination.
8.3 Ifthe termination is due to the failure ofthe Contractor to fulfill the Agreement obligations,
the City may take over the work and prosecute the same to completion by Agreement or
otherwise. In such case, the Contractor shall be liable to the City for reasonable additional
costs occasioned to the City thereby arising from Contractor's breach including all attorney's
fees and expenses incurred as a result of any action or proceeding, litigation, whether at trial
or appeal.
8.4 If, after notice oftermination for failure to fulfill Agreement obligations, it is determined that
the Contractor had not breached this Agreement, the termination shall be deemed to have
been effected for the convenience of the City. In such event, adjustment in the Agreement
price shall be made as provided in this Section and such adjustment in Agreement price shall
be deemed to be the sole remedy of the Contractor.
8.5
The rights and remedies ofthe City provided in this clause are in addition to any other rights
and remedies provided by law or under this Agreement.
8.6 The Contractor shall have the right to terminate for failure ofthe City to fulfill its Agreement
obligations and may employ all other rights and remedies otherwise available to Contractor
under law.
Article 9.
EQUAL OPPORTUNITY EMPLOYMENT
Contractor agrees that it will not discriminate against any employee or applicant for
emplOYment for Work under this Agreement because of race, color, religion, sex, age or national
origin and will take affirmative steps to insure that applicants are employed and employees are
treated during emplOYment without regard to race, color, religion, sex, age or national origin. This
provision shall include, but not be limited to the following: emplOYment, upgrading/promotions,
demotion or transfer, recruitment, advertising; layoff or termination; rates of pay or other forms of
compensation; and selections for training, including apprenticeship.
Article 10.
NO CONTINGENT FEES
Contractor warrants that it has not employed or retained any company or persons, other than
a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that
(AgreementlDivision 7 Roofmg & Sheet Metal {Utilities})
Agr-2004-01 5
it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a
bona fide employee working solely for Contractor, any fee, commission, percentage, gift, or other 0
consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation ofthis provision, the City shall have the right to terminate the Agreement without
liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount
for such fee, commission, percentage, gift or consideration.
Article 11.
COMPLIANCE WITH ~287.133, FLORIDA STATUTES
Contractor shall, simultaneous with the execution ofthis Agreement, ifnot previously done,
execute a public entity crime statement required by 9287.133, Florida Statutes.
Article 12.
CONFLICT OF INTEREST
Contractor agrees that it will not contract for or accept employment for the performance of
any work or services with any individual, business, corporation or government unit that would create
a conflict of interest in the performance of its obligations pursuant to this Agreement with the City.
Article 13.
ASSIGNMENT
This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise
encumbered under any circumstances by the parties hereto without prior written consent of the
opposite party and only by a document of equal dignity herewith. However, this Agreement shall 0
run to the Edgewater City Government and its successors.
Article 14.
SUBCONSUL T ANTS/SEP ARATE CONSULTANTS
Ifthe Contractor desires to employ Subconsultants in connection with the performance of its
Services hereunder:
(a) Any proposed Subconsultants shall be submitted to the City for written approval
prior to Contractor entering into a Sub consultant Agreement.
(b) Contractor shall coordinate the services and work product of any Subconsultants, and
remain fully responsible under the terms of this Agreement. Contractor shall be and
remain responsible for the professional quality, technical accuracy and the
coordination of all designs, drawings, specifications and other services furnished by
Engineerl Architect or its Subconsultants. Contractor shall, without additional
compensation, correct or revise any errors or deficiencies in the designs, drawings,
specifications or other services produced pursuant to this Agreement.
( c) Any Subconsultant Agreement shall be in writing and shall reflect the terms of this
Agreement and require the Subconsultant to assume performance of Contractor's
duties commensurately with Contractor's duties to City under this Agreement, it
being understood that nothing contained herein shall in any way relieve the
(Agreement/Division 7 Roofing & Sheet Metal {Utilities})
Agr-2004-01 6
o
u
u
u
(d)
Contractor from any of its duties under this Agreement. Contractor shall provide the
City with copies of all Subconsultant Agreements upon request of the City.
Contractor shall cooperate at all times with the City and its other consulting engineers
or design professionals, and cooperate and coordinate with, and incorporate the Work
product of any separate Contractor, consulting engineer or design professional
retained by the City, in any fashion appropriate or necessary to facilitate the design
and construction ofthe Project within the Project Construction Budget and Schedule.
Article 15.
INDEMNIFICATION OF CITY
15.1 To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless and
defend the City, its agents, servants, and employees or any of them from and against all
claims, damages, losses and expenses, including but not limited to attorney's fees and other
legal costs such as those for paralegal, investigative and legal support services, and the actual
costs incurred for expert witness testimony arising out of or resulting from the performance
of services required under this Agreement, provided that same is caused by the error,
omission, negligent act, or misconduct ofthe Contractor, its agents, servants, employees, or
Subconsultants. In accordance with Florida Statutes, Section 725.06, specific consideration
in the amount often dollars and noll 00 ($10.00) has been provided to the Contractor for this
obligation, the receipt and sufficiency of which is hereby specifically acknowledged.
Nothing herein shall be deemed to affect the rights, privileges and immunities ofthe City as
set forth in Section 768.28, Florida Statutes. In claims against any person or entity
indemnified under this section by an employee of the Contractor or its agents or
Subconsultants, anyone directly or indirectly employed by them or anyone for whose acts
they may be liable, the indemnification obligation under this section shall not be limited by
a limitation on amount or type of damages, compensation or benefits payable by or for the
Contractor or its agents or Subconsultants, under Workers' Compensation acts, disability
benefit acts, or other employee benefit acts.
15.2 The execution of this Agreement by the Contractor shall obligate the Contractor to comply
with the foregoing indemnification provision; however, the collateral obligation of insuring
this indemnity must be complied with as set forth below.
15.3 The City will require that any contractor, performing work in connection with drawings and
specifications produced under this Agreement, agrees to hold harmless, indemnify and
defend the City and Contractor, their consultants and each of their officers, agents and
employees from any and all liability claims, losses, or damages arising out ofthe contractor's
(or subcontractor's) negligence in the performance of the work described in construction
contract documents, but not including liability that may be due to the sole negligence of the
City, the Contractor, their consultants, or their officers, agents and employees.
(Agreement/Division 7 Roofmg & Sheet Metal {Utilities})
Agr-2004-01 7
Article 16. MINIMUM INSURANCE REQUIREMENTS
16.1 Prior to the commencement of the Work, Contractor shall procure at least the following
insurance coverages with the limits specified herein. All insurance companies providing
insurance under this Agreement shall be authorized to conduct business in the State of
Florida and shall have a general policy holders rating of A or better and a financial rating of
IV or better according to the latest publication of Best Key Rating Guide, published by AM
Best, Inc.. Said insurance shall be evidenced by delivery to the City of (1) a certificate of
insurance executed by the insurers listing coverage and limits, expiration dates and terms of
policies and all endorsements whether or not required by the City, and listing all carriers
issuing said policies; or (2) a certified copy of each policy, including all endorsements. The
following insurance requirements shall remain in effect throughout the term of this
Agreement.
.1
Full and complete Workers' Compensation coverage as required by state law
(Florida) shall be provided.
Comprehensive General Liability Insurance including, but not limited to, Independent
Contractor, Contractual, Premises/Operations, Products/Completed Operations and
Personal Injury covering the liability assumed under the indemnification provisions
of this Contract, with limits of liability for personal injury and/or bodily injury,
including death, of not less than $500,000.00 each occurrence; and property damage
of not less than $500,000.00 each occurrence. (Combined Single Limits of not less
than $1,000,000.00 each occurrence, will be acceptable unless otherwise stated).
Coverage shall be on an "occurrence" basis, and the policy shall include Broad Form
Property Damage coverage, and Fire Legal Liability of not less than $50,000.00 per
occurrence, unless otherwise stated by exception herein.
Automobile Liability Insurance coverage shall be the minimum amount or
$500,000.00 combined single limits for Bodily Injury and Property Damage.
Professional Liability Insurance in limits not less than One Million Dollars
($1 ,000,000)(including contractual liability coverage with all coverage retroactive to
the earlier of the date of this Agreement and the commencement of Contractor's
services in relation to the Project), with a per occurrence deductible not to exceed
$50,000, covering errors, omissions, negligence, personal injury, bodily injury and
property damages, said coverage to be maintained for a period ofthree (3) years after
the date of final payment hereunder. If such insurance is based on a "claims made"
policy, Contractor shall provide to the City, before any fees are paid under this
Agreement, satisfactoryproofthat Supplemental Extended Reporting Period ("tail")
coverage is available if Contractor should change insurance companies or policies
within three (3) years after the date of final payment hereunder.
.2
.3
.4
16.2 Each insurance policy shall include the following conditions by endorsement to the policy:
(Agreement/Division 7 Roofmg & Sheet Metal {Utilities})
Agr-2004-01 8
o
o
o
u
u
.1
Each policy shall require that at least thirty (30) days prior to expiration, cancellation,
non-renewal or any material change in coverages or limits, a notice thereof shall be
given to the City by certified mail to: Legal Department, P. O. Box 100, Edgewater,
Florida 32132-0100. Contractor shall also notify City, in a like manner, within
twenty-four (24) hours after receipt of any notices of expiration, cancellation, non-
renewal or material change in coverage received by said Contractor from its insurer;
and nothing contained herein shall absolve Contractor ofthis requirement to provide
notice.
The City of Edgewater shall be endorsed to the required policy or policies as an
additional named insured.
The Contractor hereby agrees to maintain the insurance described herein during the
term hereof. lfthe Contractor fails to furnish and maintain the insurance required, the
City may purchase such insurance on behalf of the Contractor, and the Contractor
shall pay the cost thereofto the City upon demand and shall furnish to the City any
information needed to obtain such insurance.
Contractor shall require his consultants to maintain in full force and effect
professional liability insurance satisfactory to the City covering errors, omissions,
negligence, personal injury, bodily injury and property damage, with a per occurrence
deductible not to exceed $50,000, in amounts not less than: (i) for structural
engineers $1,000,000; (ii) for mechanical engineers, electrical engineers, civil
engineers, soils testing, environmental engineers $250,000; and (iii) for all others
$100,000.
The Contractor, in consideration of payment of $10.00, receipt and sufficiency of
which is hereby acknowledged, hereby agrees to indemnify, defend and hold the City
and any subsidiary, parent or affiliate corporations of the City, or other persons or
entities designated by the City and their council members, commissioners, officers,
agents, employees and designees (collectively, the "lndemnitees") harmless from all
losses, claims, liabilities, injuries, damages and expenses, including attorneys' fees,
that the lndemnitees may incur by reason of any injury or damage sustained to any
person or property (including, but not limited to anyone or more ofthe lndemnitees)
arising out of or occurring in connection with Contractor's or the Contractor's
consultants errors, omissions, negligent acts or violations of this Agreement.
.2
.3
.4
.5
Article 17. GOVERNING LAW, WAIVER OF FEDERAL JURISDICTION
The Agreement shall be interpreted, construed, and governed in accordance with the laws of
the State of Florida. The parties expressly waive any entitlement to federal jurisdiction in the courts
of the United States of America, based on diversity of citizenship, and they agree that the venue of
any civil action related to this Agreement shall be properly laid solely in V olusia County, Florida.
Article 18. NO THIRD-PARTY BENEFICIARIES
The agreement contained herein are for the sole benefit of the parties hereto and their
u
(Agreement/Division 7 Roofmg & Sheet Metal {Utilities})
Agr-2004-01 9
successors and permitted assigns and no other party shall have the right to enforce any provision of 0
this Agreement or to rely upon the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be entered
into the date and year first written above.
Dated this
day of
,2004.
WITNESSES:
CITY OF EDGEW ATER
Kenneth R. Hooper
City Manager
Dated:
CONTRACTOR:
DIVISION 7 ROOFING & SHEET
METAL,INC.
o
Robert H. Sipes
President
Dated:
(Agreement/Division 7 Roofmg & Sheet Metal {Utilities})
Agr-2004-01 10
o
u
u
Q
~.c..
MEMORANDUM
rt~,
t:-~fj' .
4P,j>"!tI'~C:
~4z lB~ .
C7/)a
rqer
TO:
Mayor and Council
All Department Directors
Jon C. Williams, Finance Directo~J
Kenneth R. Hooper, City Manager
FROM:
VIA:
DATE:
April 26, 2004
RE:
Fiscal Year 2005 Budget'
Budget time is here again! Listed below is a tentative agenda for the budget schedule for
fiscal year 2005. If there is any problems with the dates, please let us know as soon as
possible.
May 3rd
Departments gain access to develop preliminary 2005 budget.
May 21st
Departments preliminary budget and worksheets for both the
General Fund and the Enterprise Funds are due.
May 25 through
May 28th
Discussions with each department concerning their requests.
June ih
Council to receive proposed budget
June 21 st
Council Work Session (Both Funds) - tentative
July 1ih
Council authorizes advertisement of proposed tax rate
September 13 th
1 st Public Hearing-(tentative)
September 27th
2nd Public Hearing-(tentative)
u
u
u
\\.(.\.
TENTATIVE AGENDA ITEMS
MAY 17 - 5:30 pm Workshop Session, EDD Program of Work
1) Presentation - CAFR, year ending 2003
2) 2nd Reading, Ord. No. 2004-0-20, amending Official Zoning Map, 3.29:t acres, Bruce Moss
3) 1 sl Reading, Ord. No. 2004-0-, occupational license fee increases
4) EDB Appointments, Doug & Fred's terms expire, Mayor & Jim's nomination
5) P & Z Board appointment - Anton's term expires, Jim's nomination
6) Authorization to advertise for Pension Consultant
7) Special Activity Permit, No Name (Edgewater Metalfest)
JUN 7 - 6:00 pm Executive Session, Union Contract Negotiations
1) 2nd Reading, Ord. No. 2004-0-, occupational license fee increases
2) 1 sl Reading, Ord. No. 2004-0-22, annexation, 133:t acres, Massey/Forte Macaulay
JUN 21
1) 2nd Reading, Ord. No. 2004-0-22, annexation, 133:t acres, Massey/Forte Macaulay
2) 1 sl Reading, Ord. No. 2004-0-, zoning map amendment, Louie Geil, 92 unit subdivision, Roberts Road
btwn San Remo & elementary school
3) Adoption of Joint Planning Area (JP A)
4) Res No. 2004-R-09, abandon/vacate 2 - 6' planting strips on Alamanda (Beckwith)
5) Final Plat approval for 200 unit subdivision, Coral Trace
JUL 5 - City Holiday (4th of July on Sunday) change to 2nd & 4th Monday
JUL12
JUL 26
Rev. 4/26/04
I:\Iiz_docs\outlines\aitems05 I 704