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06-19-2006 o o V oting Order Councilwoman Rhodes Councilwoman Lichter Mayor Thomas Councilwoman Rogers Councilman Vincenzi CITY COUNCIL OF EDGEW A TER AGENDA REGULAR MEETING June 19, 2006 7:00 PM COMMUNITY CENTER We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROV AL OF MINUTES - None at this time. 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TIONS A. Representative Dorothy Hukill reporting on the 2006 Legislative Session. 4. CITY COUNCIL REPORTS 5. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. 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 three "3" minutes or less. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Rezonings: A. 2nd Reading, Ord. No. 2006-0-18, Reflections Community Development, LLC requesting an amendment to the Official Zoning Map to include 877.50i: acres of land located at the southwest corner of SR442 and 1-95 as RPUD (Residential Planned Unit Development) and approval of associated RPUD Agreement. B. 151 Reading, Ord. No. 2006-0-17, James C. and Rosemary Carder requesting an amendment to the Official Zoning Map to include .24i: acres ofland located along the southwest corner of Falcon Avenue and Mariners Gate Court as R-4 (Multi-Family Residential), continued from 5/15/06, item 6C. Resolutions: C. Res. No. 2006-R-04, modifying administrative fees and schedule of costs/fees relating to Code of Ordinances, Chapter 21 (Land Development Code) and other administrative fees/costs. 7. BOARD APPOINTMENTS A. Firefighters' Pension Fund Board: 1) affirming the Board's reappointment of Gary Butt to serve another 2-year term. 2) nomination by Councilwoman Rhodes to fill a seat due to the expired of Martin Tse, who seeks reappointment. o o City Council Agenda June 19,2006 Page -2- 7. Board Appointments Cont. B. Economic Development Board: 1) nomination by Mayor Thomas to fill a seat due to the expired term of Oscar Zeller, who seeks reappointment. 2) nomination by Councilwoman Rogers to fill a seat due to the expired term of Chris Balmer, who is not seeking reappointment. 3) nomination by Councilman Vincenzi to fill a seat due to the expired term of Hugh Sheenan, who is not seeking reappointment. 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. Drainage Easement - staff recommending approval of a Non-Exclusive Drainage and Access Easement Agreement signed by Dan McCartney and authorized the Mayor to execute the Agreement. B. Event License Agreements - staff recommending approval and execution by the Mayor of the Agreements to utilize vacant property at the comer of LamontIN. Ridgewood Ave. and within the Edgewater-New Smyrna Cemetery for parking during the July 4,2006 fireworks display. 9. OTHER BUSINESS A. Kennedy Park Fishing Pier - staff recommending authorization for Mayor to enter into an agreement with Antinori Group, Inc. for the sum of$129,500 to construct the Fishing Pier with Gazebo at Kennedy Park; and authorizing Interim City Manager to issue Work Order #2 for this project. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items 12. ADJOURN. Note: All items for inclusion on the July 10,2006, agenda must be received by the City Manager's office no later than 4:30 p.m Fridav, June 30, 2006. 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, /04 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 /-800-955-877/. 1:\1 iz _ docs\agendas\06 1 906reg Page 1 of 1 Liz McBride From: Liz McBride Sent: Tuesday, May 09,2006 1 :34 PM To: Frias, Gonzalo Subject: RE: Legislative Report to Cities/County ;-' Upcoming Edgewater City Council meeting dates (7pm): June 5 an(~9;!JUIY 10 and 24; August 7 and 21. -----Original Message----- From: Frias, Gonzalo [mailto:Gonzalo.Frias@myfloridahouse.gov] Sent: Tuesday, May 09,2006 12:29 PM Subject: Legislative Report to Cities/County Its that time of year again! Representative Hukill would like to come visit your Councils/Commissions to report on the work of the legislature during the 2006 Legislative Session. In order to accommodate everyone, please send me a list of your next 4 council/commission meeting dates starting with the last week in May. She will need about 5 minutes at the top of the agenda and I will confirm which date she can attend. Thanks for all of your help with this. Regards, Gonzalo E. Frias Legislative Assistant Office of State Representative Dorothy L. Hukill District 28 Daytona Beach Shores District Office: (386) 322-5111 Tallahassee Capitol Office: (850) 488-6653 5/15/2006 AGENDA REQUEST Date: June 7 2006 PUBLI C HEARING June 19. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2006-0-18 Reflections Community Development LLC requesting an amendment to the Official Zoning Map to include 877.50:1: acres ofland located at the southwest corner of SR 442 and 1-95 as RPUD (Residential Planned Unit Development) and to approve the associated RPUD Agreement. OWNER: McCaskill Enterprises Inc. APPLICANT/AGENT: Reflections Community Development LLC REQUESTED ACTION: Amend the Official Zoning Map to include property as RPUD (Residential Planned Unit Development) and approve the associated RPUD Agreement. PROPOSED USE: A mix of single-family and multi-family residential and commercial development LOCATION: Southwest corner of SR 442 and 1-95 AREA: 877.50:1: Acres CURRENT LAND USE: Vacant FUTURE LAND USE DESIGNATION: Mixed - Use with Conservation Overlay ZONING DISTRICT: Volusia County B-6 (Highway Interchange Commercia!), MH-4 (Rural Mobile Home), A-I (Prime Agriculture) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land FLUM Designation Zoning District Use North Vacant Volusia County Volusia County - FR (Forestry Environmental Systems Resource), RC (Resource Corridor), Corridor, Forestry Resource, and A-2 Rural Agriculture. Rural and Low Impact Urban East Vacant Mixed - Use with Volusia County A-3 (Transitional Conservation Overlay Agriculture) and B-6 (Highway Interchanl!"e Commercial) South Vacant Volusia County Volusia County - FR (Forestry Environmental Systems Resource), RC (Resource Corridor), Corridor, Forestry Resource West Vacant Volusia County Volusia County - FR (Forestry Environmental Systems Resource), RC (Resource Corridor), Corridor, Forestry Resource RZ-0513 - Reflections Background: This property was annexed into the City in 1990. The Future Land Use Map was amended to include this property as Mixed-Use with Conservation Overlay in 2001. The applicant proposes a mixed-use development plan to include single-family residential dwellings, multi-family residential dwellings and commercial development within the subdivision to be known as "Reflections". There shall be a minimum of 25% common open space and a pedestrian trial network within the site. Details ofthe proposed development are specified in the RPUD Agreement. The development shall include 576 single-family lots, which shall have widths of 75-feet (40% of all single family lots), 65 - feet (30% of all single family lots) and 55 - feet (30% of all single family lots). At the May 10, 2006 Planning and Zoning Board meeting the Board voted 6-0 to send a favorable recommendation to City Council for this request with the condition that a 20-acre proposed school site is indicated on Exhibit "B", and the developer make a good faith effort to attempt to negotiate an acceptable deal to title over land for a City Hall in a mutually acceptable location. City Council voted 4-0 to approve the request at first reading on June 5, 2006. Land Use Compatibility: The surrounding area is primarily vacant/timberland. A significant buffer of Conservation is provided to the properties to the south and west. Adequate Public Facilities: Infrastructure shall be provided during the initial construction phase, which will include but not be limited to: water, sewer, roads, water retention, sidewalks and streetlights. Natural Environment: An environmental analysis shall be provided to the City and approved by staff prior to any construction on-site. Consistency with Comprehensive Plan: Per the Future Land Use Element of the Comprehensive Plan "The purpose for the Mixed Use land use category and its corresponding zoning districts is to provide for a variety of land uses and intensities within a development site to preserve conservation areas, to reduce public investment in provision of services, to encourage flexible and creative site design and to provide public amenities which provide an area wide benefit to the community." The proposed Reflections development meets these standards as the developer is proposing various lot sizes, a mix of single-family and multi-family residential uses, and internal commercial areas adjacent to the I -95/SR 442 interchange. Other Matters: Preliminary Plat approval must be granted to the developer by the Planning and Zoning Board and City Council prior to the development of this site. STAFF RECOMMENDATION Staffrecommends approving Ordinance No. 2006-0-18, amending the Official Zoning Map to include 877.50:f: acres of land located along the southwest corner of SR 442 and 1-95 and approve the associated RPUD Agreement. ACTION REQUESTED Motion to approve Ordinance No. 2006-0-18 and the associated RPUD Agreement. PREVIOUS AGENDA ITEM: YES X NO DATE: 6-5-06 AGENDA ITEM NO. 6G ~br:.,~J~~-.\::.; Robin Matusick Paralegal 2 Darr n Lear Development Services Director RZ-0513 - Reflections recommended that City Council consider approval of the request. 4. On June 5, 2006, 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 Thursday, May 25, 2006. 5. On June 19, 2006, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on Thursday, June 8, 2006, 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: StI tJc,k till otJ~h passages are deleted. Underlined passages are added. 2006-0-18 2 ORDINANCE NO. 2006-0-18 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-6 (HIGHWAY INTERCHANGE COMMERCIAL), MH-4 (RURAL MOBILE HOME) AND A-I (PRIME AGRICULTURE) TO CITY RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) FOR PROPERTY LOCATED AT 3450 OLD DAWSON RANCH ROAD (WEST OF 1-95 AND SOUTH OF SR 442), EDGEW A TER, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE REFLECTIONS COMMUNITY DEVELOPMENT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER; 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. Reflections Community Development, LLC, agent/applicant on behalf of Larry McCaskill and McCaskill Enterprises, Inc. who merged into Silkco, LLC, owners of property located at 3450 Old Dawson Ranch Road (West ofI-95 and South ofSR 442), Edgewater, Florida. Subject property contains approximately 877.50 acres more or less. 2. The owner/applicant has submitted an application for a change in zomng classification from County B-6 (Highway Interchange Commercial), MH-4 (Rural Mobile Home) and A-I (Prime Agriculture) to City RPUD (Residential Planned Unit Development) for the property described herein. 3. On May 10, 2006, 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 Sttu.::k tl'lOU51, passages are deleted. Underlined passages are added. 2006-0-18 1 PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County B-6 (Highway Interchange Commercial), MH-4 (Rural Mobile Home) and A-I (Prime Agriculture) to City RPUD (Residential Planned Unit Development) pursuant to the associated Planned Unit Development (PUD) Agreement for the Reflections Subdivision (attached hereto and incorporated as Exhibit "B"). The following described real property all lying and being in the County of V olusia and State of Florida. ALL OF SECTION 7, TOWNSHIP 18 SOUTH, 34 EAST, AND THE WEST 1/2 OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST, LYING WESTERLY OF INTERSTATE NO.9, VOLUSIA COUNTY, FLORIDA LESS: A) WELL SITE 1 & 2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. B) WELL SITE 3 & 4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL AND DISK STAMPED "PLS 4014" MARKING THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, THENCE NORTH 89044'51" WEST, ALONG THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, A DISTANCE OF 2982.45 TO A 4" x 4" CONCRETE MONUMENT STAMPED "PLS 2027" MARKING THE SOUTH 1/4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY; THENCE NORTH 89045'10" WEST, THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 2982.47 TO A 5/8" IRON ROD & CAP "#2599" MARKING THE NORTHWEST CORNER OF SAID SECTION 7, AND THE Stl tick tluongh passages are deleted. Underlined passages are added. 2006-0-18 3 POINT OF BEGINNING; THENCE SOUTH 01028'07 EAST, ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 5301.88 FEET TO 1/2" IRON PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE SOUTH 89045'08 EAST, ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 5930.90 FEET, TO THE REMAINS OF A CYPRESS POST MARKING THE SOUTHEAST CORNER OF SAID SECTION 7, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST; THENCE NORTH 89031'10 EAST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 2354.57 FEET TO THE SOUTHWESTERL Y RIGHT OF WAY LINE OF INTERSTATE 95 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 79002-2406; THENCE NORTH 220 11 '53" WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 4163.18 FEET; THENCE NORTH 31055'32" WEST ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 1420.42 FEET; THENCE NORTH 62003'52" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 149.13 FEET; THENCE NORTH 76002'44" WEST, ALONG SAID EXISTING SOUTHWESTERL Y RIGHT OF WAY LINE, A DISTANCE OF 269.91 FEET; THENCE SOUTH 89041'52" WEST, ALONG SAID EXISTING SOUTHWESTERL Y RIGHT OF WAY LINE, A DISTANCE OF 749.02 FEET; THENCE NORTH OW18'08" WEST, ALONG SAID EXISTING SOUTHWESTERL Y RIGHT OF WAY LINE, A DISTANCE OF 93.30 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 7; THENCE NORTH 89044'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 927.09 FEET; TO THE NORTHEAST CORNER WELL SITE NO. 1 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO.1 THE FOLLOWING COURSES: THENCE SOUTH 00015'09" WEST, A DISTANCE OF 46.00 FEET; THENCE NORTH 89044'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00015'09" EAST, A DISTANCE OF 46.00 FEET TO THE NORTH LINE OF SAID SECTION 7 AND THE NORTHWEST CORNER OF SAID WELL SITE NO.1; THENCE NORTH 89044'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 390.30 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO.2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 2 THE FOLLOWING COURSES; THENCE SOUTH 00015'09"WEST, A DISTANCE OF 49.00 FEET; THENCE NORTH 89044'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00015'09" EAST, A DISTANCE OF 49.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO.2; THENCE NORTH StltlGk thlongh passages are deleted. Underlined passages are added. 2006-0-18 4 89044'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 516.02 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO.3 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO.3 THE FOLLOWING COURSES; THENCE SOUTH 00015'09" WEST, A DISTANCE OF 48.00 FEET; THENCE NORTH 89044'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00015'09" EAST, A DISTANCE OF 48.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO.3; THENCE NORTH 89044'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 18.16 FEET TO A 4" x 4" CONCRETE MONUMENT MARKING THE SOUTH 1/4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE NORTH 89045'10" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 417.17 FEET TO THE NORTHEAST CORNER OF WELL SITE NO.4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO.4 THE FOLLOWING COURSES; THENCE SOUTH 000 14'50"WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89045'10" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00014'50" EAST, A DISTANCE OF 50.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO.4; THENCE NORTH 89045'10" WEST ALONG SAID NORTH LINE OF SAID SECTION 7, A DISTANCE OF 2525.30 TO THE POINT OF BEGINNING. Containing 877.50 ::!: acres more or less. 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 Development Services Director 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, Stltlck t1uotlgh passages are deleted. Underlined passages are added. 2006-0-18 5 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. 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. PARTF. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on June 5, 2006, was as follows: AYE NAY Mayor Mike Thomas x Councilwoman Debra J. Rogers ABSENT Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x StltlGk t1uoogh passages are deleted. Underlined passages are added. 2006-0-18 6 After Motion to approve by and Second by , the vote on the second reading/public hearing of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter PASSED AND DULY ADOPTED this 19th day of June, 2006. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Susan J. Wadsworth City Clerk Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of June, 2006 under Agenda Item No. 6_. Stl tick t1l1otl~h passages are deleted. Underlined passages are added. 2006-0-18 7 (/) ~ c::: !. .2 !l e ~ z~ ~ ~ q:: ~];o .~ & ~i ~ ~ ~ Q THIS INSTRUMENT PREPARED BY: Paul Rosenthal, Esquire Foley & Lardner, LLP 111 N. Orange Avenue, Suite 1800 Orlando FL 32801-2386 AFTER RECORDING RETURN TO: Robin L. Matusick, Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O. Box 100 Edgewater FL 32132-0100 For Recording Purposes Only RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) AGREEMENT REFLECTIONS THIS AGREEMENT is made and entered into this _ day of day of , 2006 by and between, the CITY OF EDGEWATER, 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 MERCEDES HOMES, INe., owner whose address is 6767 North Wickham Road, Suite 500, Melbourne Florida 32940, (herein after referred to as "Developer), LARRY MCCASKILL whose address is 3450 Old Dawson Ranch Road, Edgewater Florida 32141 and SILKCO, LLC, whose address is 3450 Old Dawson Ranch Road, Edgewater Florida 32132. The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the 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 877.50:l: acres west oflnterstate 95 and south of SR 442, and Indian River Boulevard in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" - Legal Description. The record owner of the subject property is Larry McCaskill and Silko, LLC. 2. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. The Developer shall commence construction of Reflections, as defined by the Master Plan, dated November 28, 2005 (Exhibit "B" included herein), within one (1) year of required construction plan approval for this project, or within eighteen (18) months of the effective date of this Agreement. The City, at its sole option, may extend the duration of this Agreement. This development must be consistent with the Master Plan and must be Reflections the duration of this Agreement. This development must be consistent with the Master Plan and must be approved by City Council prior to commencement of any authorized work. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, sidewalks, streetlights and planning elements. City Council may consider establishment of community development districts. 3. DEVELOPMENT USES PERMITTED The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code as of the adoption date. The Developer further agrees that all development will be consistent with the attached Reflections Master Plan dated November 28,2005 (Exhibit "B"). Reflections shall be developed consistent with the City's Land Development Code procedures. Final project approval may be subject to change based upon final environmental, permitting, and planning considerations and/or Federal and State regulatory agencies permit requirements. Use of the property will be as follows: A. Average Lot Size/Unit Count Reflections shall not exceed a total of 1,362 single-family and multi-family dwelling units. 576 (42%) single-family lots are planned and 786 (58%) multi-family units are planned. Based on Final Subdivision Plan approval, the total number and mix of units may vary but the maximum residential units allowed for Reflections shall not exceed a gross density of 1.55 units/acre and a net density of 4.35 du/net acre, or a total of 1,362 units. Reflections shall include 360,000 square feet non-residential building area. If the Developer achieves less than the 1,362 approved dwelling units, then the corresponding square footage shall be added to the permitted non-residential square footage as long as the total square footage does not exceed V olusia County DR! thresholds. No lot will exceed a maximum building coverage of 60% with a maximum impervious coverage of 70% per lot. Minimum Lot Size: Single-Family 75-foot lots (40% of single-family lots) - 230 units Area - 9,000 square feet Width -75 -feet Depth - 120- feet 65 - foot lots 00% of total single-family lots) - 174 units Area -7,475 square feet (minimum) Width - 65 - feet Depth - 115 - feet Reflections 2 55 - foot lots (30% of total single-family lots) - 172 units Area - 6,050 square feet minimum Width - 55 - feet Depth - 110 feet Multi-family 786 units (2 - 8 units/building) At the time of Final Site PlanlPlat approval, the number of multi-family units may be decreased and the number of single-family units may be increased by a like amount. Commercial: Area - 360,000 square feet (minimum lots size of Yz acre) B. Minimum House Square Footage The minimum gross single-family house square footage shall be at least 1,400 square feet living area under air for 75-foot lots and 1,200 square feet living area under air for 65 and 55-foot lots. The minimum gross house square footage for multi-family shall be an average of 1,000 square feet living area under air. In addition, each house will have a minimum of a two (2) car enclosed garage. No carports will be allowed. Minimum Yard Size and Setbacks (All single-family residential lots): Front - 20' Rear - 20' Side -7.5' Side Comer - 15' Maximum Height - 35' Utility Easements - 10' front, 5' sides Swimming Pools Rear 7.5' from property line to pool deck edge Side 7.5' from property line to pool deck edge Minimum Yard Size and Setbacks (Multi-Familv Residential): Front - 15' Rear - 20' Side - 20' (between buildings) Side Comer - 15' Maximum Height - 50' Utility Easements - 10' front, 5' sides Swimming Pools - 20' from property line to pool deck edge (Community Pools) Fee Simple Pools - Rear -7.5' from property line to pool deck edge Side - 7.5' from property line to pool deck edge Reflections 3 Commercial: Front - 25' Rear - 10' Side -15' (between buildings) Side Corner - 25' Maximum Height - 50' (35' feet within 100 feet of residential area) Utility Easements - 10' front, 10' sides C. Parking All retail uses shall provide a minimum of four (4) parking spaces per 1,000 gross square feet and a maximum of five (5) spaces gross square feet. All office uses shall provide a minimum offour (4) parking spaces per 1,000 gross square feet and a maximum of five (5) parking spaces per 1,000 gross square feet. D. Roads Multi-family land uses may utilize inverted crown roadway and drainage systems with flush curb and gutter within multi-family villages. Main Access - Minimum right-of-way width of 100-feet; Main internal roadway minimum right- of-way width of 60-feet as depicted on Exhibit "B" within the project. Minimum right-of-way widths within Village areas shall be 50-feet. Indian River Boulevard extension shall be designed by a FOOT prequalified design firm. Indian River Boulevard shall be a four (4) lane urban typical section with closed drainage. Indian River Boulevard shall be constructed to FOOT Standards. Indian River Boulevard shall be four (4) laned to westerly project entrance by the issuance of the 600th Certificate of Occupancy. Four (4) lanes of Indian River Boulevard shall be initially constructed to a point 400 feet west of the main project entrance as depicted on Exhibit "B". It is contemplated that the developer and the City will cooperate with the owner/developer of property located adjacent to the north of Indian River Boulevard extension to accomplish these contemplated improvements and that developer shall receive appropriate transportation impact fee credit and fair share credit for undertaking their transportation improvements. All 1 OO-foot right-of-ways shall be maintained by the City of Edgewater. The eastern most collector shall be constructed by the Developer southward to the wetland jurisdictional line nearest the south property line by the time of infrastructure installation for Village 8 and 9 and shall be maintained by the City of Edgewater. E. Storm water Management The retention pond(s) will meet the requirements for the St. Johns River Water management District and the City of Edgewater Land Development Code. The pond(s) are approximately 53 acres and will be owned and maintained by the HOA/CDD (Homeowner's Association/Community Development Reflections 4 District). Developer is required to provide an outfall to a publicly owned drainage conveyance system, obtain an off-site drainage easement if necessary and meet the following stormwater requirements. Flood Plain Encroachment and Compensatory Storage Criteria: Definitions: FEMA - Federal Emergency Management Agency FIS - Flood Insurance Study FIRM - Flood Insurance Rate Map USGS - Untied States Geological Survey NGVD29 - National Geodetic Vertical Datum of 1929 NA VD88 - North American Vertical Datum of 1988 SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to which ground or surface water can be expected to rise during a normal wet season. SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the zone of water saturated soil at the highest average depth during the wettest season of the year. 100- Year Flood Elevation - The flood elevation that has a one percent (1 %) chance of being equaled or exceeded each year. The on-site 100-year flood elevation shall be established to the satisfaction of the City Engineer. Establishing the 100-year flood elevation may be based upon a combination of: FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and regional nature; and site-specific assessments signed and sealed by a professional engineer licensed to practice in the State of Florida. Projects located near the coast should evaluate any flooding effects associated with both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones A, AE, AH and 0). In the case of conflicting information, the City will rely upon the highest elevation, unless reasonable assurance can be provided that a lower elevation is justified. Under no circumstances will the City accept a IOO-year flood elevation determined by overlaying a FEMA Zone A delineation with any topographic contour information. Construction plans and drainage basin maps shall be annotated to clearly and accurately delineate the flood plain encompassed by the applicable on-site IOO-year flood elevation. Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot (i.e I-foot topographic contour interval and 100-year flood elevation to one decimal accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not adequate to comply with these design standards. Flood Plains shall be delineated for all storage areas located within the property boundary as defined by the pre-development topography, even if these areas are not illustrated on FEMA FIRM panels. Reflections 5 Historically, flood elevation published by FEMA and other governmental agencies have been determined using the NGVD29 datum, or for that matter any other vertical datum, a "datum shift" may be required to "adjust" the applicable on-site 100-year flood elevation to a common and consistent datum. The SHGWT shall be established by drilling a sufficient number of geotechnical borings, whereas the SHWL shall be determined by an ecological assessment of hydric soils, vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be determined for all wetlands, depressions, and any other low areas within the property boundary that are capable of impounding stormwater runoff on the developed property. Flood plain encroachment shall be computed for all fill placed within the flood plain below the I OO-year flood elevation and above the predicted SHGWT or SHWL. Compensatory storage for all I OO-year flood plain encroachments shall be provided in accordance with the following requirements: Compliance will be based upon a volume for volume ('cup for cup") methodology, with the volume of compensation equal to the volume of encroachment at each and every elevation (I-foot contour interval). Providing compensating storage equal to the volume of encroachment at each elevation will provide equivalent flood plain management for all storm events of magnitude less than the 100-year storm event, and is intended to prevent cumulative water quality impacts. Storage creation must occur below the existing 100-year flood elevation and above the predicted SHGWT and/or SHWL. Compensation must occur within dedicated storage areas excavated contiguous to, but outside of, the existing 100-year flood plain. Under no circumstances will compensatory flood storage be allowed within ponds that also provide stormwater management (retention and/or detention) for the proposed development. The City may approve the creation of off-site compensatory storage areas located outside the property boundary on a case-by-case basis. The City reserves the right to enforce additional criteria upon any project that is located within what the City considers a special flood hazard area. At the City's discretion, additional flood control measures may be required to adequately protect upstream systems, downstream systems, and/or offsite properties. F. Signage Along 1-95 the commercial village may have one (1) monument sign with a maximum height of sixty (60) feet, with 90-square feet of copy area, similar to the depicted sign attached as Exhibit D. Neighborhood signs shall conform to the Land Development Code. Existing billboards may remain on site, pursuant to the standards set forth in the Land Development Code. "City of Edgewater" and/or "Edgewater" shall be graphically displayed on said signage. Reflections 6 G. Trees There shall be a minimum of four (4) trees per each single-family home building lot. Trees shall be 2 12: in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "C" - Trees. A tree survey shall be provided prior to construction plan approval. Each lot shall have a tree survey prior to the issuance of a building permit. The purpose of the tree survey shall be to determine the number of specimen and historic trees and to determine the tree mitigation requirements. Statistical tree survey information may be considered at the discretion of the Development Services Director. However, such statistical surveys shall be limited to sites containing an overstory consisting predominantly of trees uniform in age, species and distribution, which do not contain specimen or historic tress. Statistical surveys must be conducted in compliance with accepted forestry practices. The development of this Subdivision shall comply with all City and County minimum environmental standards for Historic and Specimen Tree Protection requirements and Area Tree Protection requirements. Landscaping for multi-family and commercial uses shall comply with the current Land Development Code. H. Entrance to Subdivision Minimum 120-foot right-of-way width located for the Indian River Boulevard extension. I. Model Homes and Temporary Offices Lots to be shown on Village Plans, on a per phase basis, not to exceed five (5) per village use, and are designated for use as potential model home or temporary sales office lots. A model home may be used as a sales office from the time the plat is recorded until such time as the last lot is developed within the subdivision. Temporary structures, such as trailers, and the like may be permitted as temporary sales office while a model home is under construction. Such temporary offices shall only be permitted for an interim period not to exceed sixty (60) days or until completion of the first model home, whichever occurs first. Model home construction prior to plat recording shall only be allowed upon compliance with the following requirements: (a) Provision for fire protection, including testing and approval of the water system by the Florida Department of Environmental Protection (FDEP). On-site hydrants are required to service the area where the proposed models will be constructed. (b) Construction of access roads to the model home sites prior to building permit issuance, to the extent necessary to allow sufficient access by City vehicles for inspections and emergency vehicle access. (c) Permanent utility connections cannot be made until the sanitary sewer system has been completed and certified by FDEP. Reflections 7 Additional requirements, restrictions and conditions may be imposed by the City to address specific site or project concerns. A certificate of completion issued as provided in the Standard Building Code shall be deemed to authorize limited occupancy of model homes. Flags or insignias which read "model", "open", "open house" or any other phrase which identifies property for real estate purposed may be displayed in the following locations and numbers. The maximum height of such flags shall be eight feet (8') with a maximum size of fifteen (15) square feet. (a) Five (5) single-family or duplex model home lot, not to exceed two (2) flags each. J. Declaration of Covenants. Conditions and Restrictions The Declaration of Covenants, Conditions and Restrictions: Articles of Incorporation, and By- Laws for the Owner's Association and/or Community Development District (CDD) will be recorded in the public records of Vol usia County at the time the Final Plat for Reflections is recorded. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Reflections is Mixed - Use with Conservation Overlay and Conservation. The zoning designation for Reflections shall be RPUD (Residential Planned Unit Development) as defined in the City Land Development Code and amended herein. The City of Edgewater's permitted uses for RPUD (Residential Planned Unit Development) and BPUD (Business Planned Unit Development) are applicable to the development of the property and consistent with the adopted Comprehensive PlanlFuture Land Use Map and Land Development Code. S. 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 water system at the nearest point of connection, which will provide adequate flow for the development as determined by the City. 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 time of platting. B. Developer agrees to connect to and utilize the City's wastewater transmission and collection system. 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 dedicated to the City prior to or at the time of platting. C. The City has determined that reclaimed water shall be available in the near future; therefore the Developer shall install piping for future reclaimed water service. Until reclaimed water is available to the site, the developer may use the piping for irrigation purposes. D. Developer agrees to provide on and off-site current and future utility and drainage easements for drainage and utility service consistent with this provision. E. All utility services will be underground. Reflections 8 F. Internal Roadway improvements and all associated right-of-ways shall be dedicated to the Owner's Association and/or CDD at the time of final plat approval. Indian River Boulevard R-O-W and improvements shall be dedicated to the City. The City shall maintain Indian River Boulevard. G. Off-site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, signalization) are the developer's responsibility and shall meet all City, County and/or State requirements and approval. H. Impact fees for each village or phase will be paid in accordance with the following schedule: Water - Pay 100% of the applicable impact fees to the City by applicant at the time permit application (capacity reservation) is signed by the City. A minimum water charge shall be applied to each E.R.U. reserved and not connected within one (1) year. Sewer - Pay 100% of the applicable impact fees to the City by applicant at the time permit application (capacity reservation) is signed by the City. A minimum sewer charge shall be applied to each E.R.U. reserved and not connected within one (1) year. Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit application. Roads - 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, with credits as appropriate. Developer shall pay Transportation Proportionate Fair share amount as adopted by City Council, pursuant to state law with appropriate consideration for transportation improvements contemplated by developer. Developer shall pay $250.00 per residential unit to mitigate impacts caused by the development. Funds can only be used for capital projects. Capital improvements shall be at the sole discretion of the City Council. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. I. All infrastructure facilities and improvements shall be constructed In compliance with applicable federal, state, and local standards. J. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. Developer shall provide a transportation study to model the distribution of new trips on the area roadway network. City approval of modeling methodology and study boundary shall be required prior to initiating traffic study. K. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review, construction inspection and the construction of required infrastructure Reflections 9 improvements and the review and approval of the final plat related to the Reflections development pursuant to a schedule agreed to by the developer and City Manager. L. The developer shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. Reflections 2. 3. 4. 5. Sewage Collection and Transmission System. Stormwater collection/treatment system, including outfall system. Piping for future reclaimed water. Provide all required pavement marking and signage (stop signs, road signs, etc) within the Subdivision. All permanent markings and signage shall comply with Florida Department of Transportation (FDOT) standards. Enhanced special signage may be used if it meets FDOT standards and approved by the City. Developer is responsible for costs of recording the plat upon approval by the City of Edgewater. Bonds - A Performance Bond may be accepted by the City and shall be 110% of the costs of all remaining required improvements. A Maintenance Bond equal to 10% of the cost of the infrastructure improvements shall be provided to the city prior to recording the Final Plat. The Maintenance Bond shall be in effect for a two (2) year period from the date of completion of the public facilities. Sidewalks shall be constructed on both sides of the streets/roadways and sidewalks along thoroughfares shall have a minimum width of six (6) feet and shall be constructed prior to issuance of a Certificate of Occupancy on each building lot. All other sidewalks shall have a minimum of four (4) feet. Developer shall provide a bond or surety in a form acceptable to the City in the amount of $10.00 per lineal foot for two (2) years. If sidewalks are not completed within two (2) years, the developer shall install the remaining sidewalks. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and maintained by the Owner's Association and/or CDD and be installed by the Developer at time of installation of the infrastructure or prior to the Certificate of Occupancy issuance for the first dwelling unit. The Developer shall dedicate to the City of Edgewater, at no cost to the City, a five (5) acre Public/Semi-Public site within Phase I of the commercial portion of the Development, in a mutually acceptable location. This condition will expire by the issuance of the 600th C.O. if not exercised by the City. An approximate twenty (20) acre school site will be dedicated at no cost to the City by the Developer as depicted on Exhibit B or in a mutually acceptable 6. 7. 8. 9. 10. 11. 10 location and conveyed to the Volusia County School Board for future school siting needs. This condition will expire by the issuance of the 600th C.O. if not exercised by the Volusia County School Board. Reflections 11 M. Recreational Facilities/Open Space Active and passive recreation area and facilities will include a community clubhouse, active family pool area, adult pool area, village tot-lots, play fields and community lots and adjacent to major water bodies to provide access to these areas. Multi-family areas shall provide additional recreation facilities for its residents. The Master Developer shall provide an extensive pedestrian trail network (25,235:1: lineal feet) throughout the community. This network of paved walk-ways or natural trails will provide access to all community facilities, neighborhood village, the community's commercial area and the preserved conservation areas. The Developer shall provide 96.64:1: acres of (25%) community open space dedicated to the HOA/CDD for Community Recreational Facilities as follows: Active Recreation Facilities 7.83 acres Passive Recreation 22.49 acres Natural Lakes and Swales 25.96 acres Retention at 50% 30.35 acres Village Tot-Lots TBD at each phase of development Pedestrian Trail Network (25,235 Linear Feet) 10.01 acres 6. CONSISTENCY OF DEVELOPMENT 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 and is compliant with all concurrency requirements set forth in said documents. 7. DEDICATION OF LAND FOR PUBLIC USE 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. The developer has designated 96.64:1: acres as open space active and passive recreation, to be maintained by the HOA/CDD. Internal right-of-ways shall be dedicated to the HOA/CDD. 8. PERMITS REOUIRED The developer will obtain 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, St. Johns River Water Management District, Army Corps of Engineers, and Florida Fish and Wildlife Conservation Commission. 2. City of Edgewater -Subdivision Plat approval, Subdivision Construction Plan approval, all applicable clearing, removal, construction and building permits. Commercial development Reflections 12 shall require site plan approval from the TRC, any structure 25,000 square feet or greater shall require Planning and Zoning Board and City Council approval. 3. This site shall require a V olusia County Environmental Permit. 4. 100-year flood elevation for this site will be determined and approved by the City and FEMA; minimum finished floor elevation shall be one (l) foot above the flood plain elevation. 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 for in this Agreement. Developer shall establish a mandatory Owner's Association and/or CDD for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The mandatory HOA/CDD will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption and the maintenance of the stormwater areas within the common area tracts as depicted on the plat. The HOA/CDD documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By-Laws shall be reviewed and approved by the City prior to final plat approval. 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. 12. PERFORMANCE GUARANTEES During the term of this Agreement regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. Reflections 13 13. BINDING AFFECT 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 Volusia 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 of this 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, the Agreement may be revoked or modified by the City. 16. APPLICABLE LAW This Agreement and 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 of 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. Substantial changes, as determined by the City Manager, shall require City Council approval. 19. FURTHER DOCUMENTATION The parties agree that at anytime 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 only after providing notice to the developer of the Reflections 14 issues, which give to an action for specific performance, and the developer does not cure the defect within 30 days of receipt of the notice. 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. 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 EDGEWATER, FLORIDA Susan J. Wadsworth City Clerk By: Michael L. Thomas Mayor Robin L. Matusick Legal Assistant/Paralegal Reflections 15 MERCEDES HOMES, INC, a Florida Corporation Witnessed by: By: Ken Mitchell, President, Corporate Land Division SILKCO, LLC, a Florida Limited Liability Company By: Larry McCaskill, Manager Larry McCaskill Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me on this by Ken Mitchell, and who is personally known to me or has produced as identification and who did (did not) take an oath. day of 2006, Notary Public Stamp/Seal Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me on this day of by Larry McCaskill, and who is personally known to me or has produced as identification and who did (did not) take an oath. 2006, Stamp/Seal Notary Public Reflections 16 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Vol usia and State of Florida. ALL OF SECTION 7, TOWNSHIP 18 SOUTH, 34 EAST, AND THE WEST 1/2 OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST, LYING WESTERLY OF INTERSTATE NO.9, VOLUSIA COUNTY, FLORIDA LESS: A) WELL SITE 1 & 2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. B) WELL SITE 3 & 4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL AND DISK STAMPED "PLS 4014" MARKING THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, THENCE NORTH 89044'51" WEST, ALONG THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, A DISTANCE OF 2982.45 TO A 4" x 4" CONCRETE MONUMENT STAMPED "PLS 2027" MARKING THE SOUTH 1/4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY; THENCE NORTH 89045'10" WEST, THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 2982.47 TO A 5/8" IRON ROD & CAP "#2599" MARKING THE NORTHWEST CORNER OF SAID SECTION 7, AND THE POINT OF BEGINNING; THENCE SOUTH 01028'07 EAST, ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 5301.88 FEET TO 1/2" IRON PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE SOUTH 89045'08 EAST, ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 5930.90 FEET, TO THE REMAINS OF A CYPRESS POST MARKING THE SOUTHEAST CORNER OF SAID SECTION 7, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST; THENCE NORTH 89031'10 EAST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 2354.57 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF INTERSTATE 95 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 79002-2406; THENCE NORTH 22011'53" WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 4163.18 FEET; THENCE NORTH 31055'32" WEST ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 1420.42 FEET; THENCE NORTH 62003'52" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 149.13 FEET; THENCE NORTH 76002'44" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 269.91 FEET; THENCE SOUTH 89041'52" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 749.02 FEET; THENCE NORTH 00018'08" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 93.30 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 7; THENCE NORTH 89044'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 927.09 FEET; TO THE NORTHEAST CORNER WELL SITE NO.1 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 1 THE FOLLOWING COURSES: THENCE SOUTH 00015'09" WEST, A DISTANCE OF 46.00 FEET; THENCE NORTH 89044'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00015'09" EAST, A DISTANCE OF 46.00 FEET TO THE NORTH LINE OF SAID SECTION 7 AND THE Reflections 17 NORTHWEST CORNER OF SAID WELL SITE NO.1; THENCE NORTH 89044'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 390.30 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO.2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO.2 THE FOLLOWING COURSES; THENCE SOUTH 00015'09"WEST, A DISTANCE OF 49.00 FEET; THENCE NORTH 89044'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00015'09" EAST, A DISTANCE OF 49.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO.2; THENCE NORTH 89044'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 516.02 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO.3 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO.3 THE FOLLOWING COURSES; THENCE SOUTH 00015'09"WEST, A DISTANCE OF 48.00 FEET; THENCE NORTH 89044'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00015'09" EAST, A DISTANCE OF 48.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO.3; THENCE NORTH 89044'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 18.16 FEET TO A 4" x 4" CONCRETE MONUMENT MARKING THE SOUTH 1/4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE NORTH 89045'10" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 417.17 FEET TO THE NORTHEAST CORNER OF WELL SITE NO.4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO.4 THE FOLLOWING COURSES; THENCE SOUTH 00014'50"WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89045'10" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00014'50" EAST, A DISTANCE OF 50.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO.4; THENCE NORTH 89045'10" WEST ALONG SAID NORTH LINE OF SAID SECTION 7, A DISTANCE OF 2525.30 TO THE POINT OF BEGINNING. 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C ro Vi ~ ;:l " 2:: .~ ~ ~ <U C C .~ (; ~ """ E <U ~ U ., "' "8 .8 l5 -g 0 .s: Vl "' ~ E :; 0 IJ:l B .... .~ <U 2 .... " c e .~ 0; 0 ;:l ro ~ ~ C/3 o'IJ "f! "' ro " f-< o'IJ is f-: Vi .~ 2 E E E E E E e I IJ:l ~ ~ "' "' c :; E E .... ~ 0 " -.; 0 0 0. ~ .. ""2 0 "'d Q) t: .- S Q) 0- '" Q) '" :::> ~ '1" ~ N 0 .- ~ Q) l-; u Q) ~ ......~ .~ l-; ...... '" .- Cl Of} ~ '2 0 N ~ 0 .- ~ Q) l-; U rfJ Q) = ~ .9 I U <l) ~ c;:: <l) -Ie ~ THE CITY OF EDGE WATER POST OFFICE BOX 100 · EDGEWATER, FLORIDA 32132-0100 Mayor Mike Thomas District I Councilwoman Debra 1. Rogers District 2 Councilman Dennis A. V incenzi District 3 Councilwoman Harriet B. Rhodes District 4 Councilwoman Judy Lichter Interim City Manager Jon Williams City Clerk Susan J. Wadsworth City Attorney Paul E. Rosenthal Paralegal Robin L. Matusick Asst. to City Manager Elizabeth 1. McBride May 25, 2006 City of Edgewater P. O. Box 100 Edgewater, FL 32132 Dear Property Owner: Notice is hereby given that the City Council of the City of Edgewater, Florida, will hold a public hearing on Monday, June 5, 2006 and June 19,2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the Community Center, 102 North Riverside Drive, Edgewater, to consider the following: an amendment to the Official Zoning Map regarding Ordinance #2006-0-18 for certain property located at 3450 Old Dawson Ranch Road (West ofI-95 and South ofSR 442), Edgewater, Florida. The subject property will be rezoned from County B-6 (Highway Interchange Commercial), MH-4 (Rural Mobile Home) and A-I (Prime Agriculture) to City RPUD (Residential Planned Unit Development). All interested persons are invited to attend the public hearings. These hearings may be continued to one or more dates. The dates, times and places of any continuation of the above-scheduled public hearings will be announced at said public hearing and no further notification regarding said continuation is required. Additional information and a copy of the proposed ordinance may be obtained from the City Clerk, 104 North Riverside Drive, Edgewater. If any person decides to appeal any decision made by the City Council with respect to any matter considered at such hearing, a record of the proceedings may be needed, and in that event, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act, persons needing assistant to participate in this hearing should contact the City Clerk at (386)424-2407 prior to the hearing date. ~ Robin L. Matusick Paralegal rim LEGAL DEPARTMENT (386)424-2403 104 NORTH RIVERSIDE DRIVE FAX (386)424-2421 or 424-2409 (Notices/2006-0-18-Rezoning-Reflections-June 5 & June 19) AGENDA REQUEST Date: June 7. 2006 PUBLIC HEARING June 19. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1 st Reading - Ordinance No. 2006-0-17 James C. Carder, requesting an amendment to the Official Zoning Map to include .24::1:: acres of land located along the southwest corner of Falcon Avenue and Mariners Gate Court as R-4 (Multi-Family Residential). APPLICANT/AGENT: James C. Carder OWNER(S): James C. Carder REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-4 (Multi- Family Residential). PROPOSED USE: Construction of a single-family residence. LOCATION: Southwest corner of Falcon Avenue and Mariners Gate Court AREA: .24::1:: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Medium Density Residential ZONING DISTRICT: B-3 (Highway Commercial) VOTING DISTRICT: 3 SURROUNDING AREA: Current Land Use FLUM Designation Zoninl! District North Single- Family Medium Density Residential RPUD (Residential Residential and Planned Unit Vacant Development) and East Single- Family Low Density Residential B-3 (Highway Commercial) Residential South Pelican Cove West Commercial B-2 (Neighborhood Recreation Center Business) West Vacant Medium Density Residential R-4 (Multi-Family Residential) RZ-0519 - Carder(2) Background This property is currently vacant and north of the Pelican Cove West Recreation Center. The applicant is proposing to construct a single-family residence on this site. At their regular meeting of April 12, 2006 the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council for the proposed amendment. At their regular meeting of May 15, 2006 City Council voted to continue this item so further research could be conducted on the parking issues with the Pelican Cove West recreation center. Land Use Compatibility The proposed development of a single-family residence is compatible with the surrounding single-family residential uses. Adequate Public Facilities The site has access to Falcon Avenue, an improved City right-of-way. City water and sewer is available to this site. Natural Environment There are no known environmental issues associated with this property. Consistency with Comprehensive Plan The amendment to the Official Zoning Map will bring the zoning for this parcel into compliance with the Comprehensive Plan Future Land Use Map, as the current zoning classification is not compatible with the Future Land Use designation of Medium Density Residential. Other Matters A variance will be required prior to development to allow a reduction in the side-corner setback. This will be heard by the Planning and Zoning Board at a later date. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-17; an amendment to the Official Zoning Map to include .24:l:: acres ofland located along the southwest corner of Falcon Avenue and Mariners Gate Court as R-4 (Multi-Family Residential). ACTION REQUESTED Motion to approve Ordinance No. 2006-0-17. PREVIOUS AGENDA ITEM: YES X NO DATE: 5-15-06 AGENDA ITEM NO. 6C Darren Lea Development Services Director ~~--J . -' ~ Lc..u..l , Robin Matusick Paralegal on Williams Interim City Manager RZ-0519 - Carder(2) 2 ORDINANCE NO. 2006-0-17 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CITY B-3 (HIGHWAY COMMERCIAL) TO CITY R-4 (MULTI-FAMILY RESIDENTIAL) FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF FALCON AVENUE AND MARINERS GATE COURT, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. James C. And Rosemary Carder, owners/applicants of property located at the Southwest corner of Falcon A venue and Mariners Gate Court, Edgewater, Florida. Subject property contains approximately 0.24 acres more or less. 2. The owner/applicant has submitted an application for a change in zonmg classification from City B-3 (Highway Commercial) to City R-4 (Multi-Family Residential) for the property described herein. 3. On April 12, 2006, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 7 - 0, the Board recommended that City Council consider approval of the request. 4. On May 15, 2006, 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 May 5, 2006. Stllh~k t1uotlgh passages are deleted. Underlined passages are added. 2006-0-17 1 5. On June 19, 2006, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on June 8, 2006, 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 A TER, FLORIDA. The zoning classification for the following described property is hereby changed from City B-3 (Highway Commercial) to City R-4 (Multi-Family Residential). The following described real property all lying and being in the County of V olusia Stl tick tIll ongh passages are deleted. Underlined passages are added. 2006-0-17 2 and State of Florida. A part of Lots 14 and 15, Highway Subdivision, U.S. Lot 5, Section 2, Township 18 South, Range 34 East, according to the plat thereof and recorded in the Public Records of V olusia County, Florida and more particularly described as follows: Commence at the Southwest comer of U.S. Lot 5, Section 2, Township 18 South, Range 34 East, said point also being the Southwest comer of Lot 15, Highway Subdivision, Map Book 8, Page 222, Public Records of Vol usia County, Florida; thence N 00029'20" E, along the Westerly line of said Lots 14 and 15, Highway Subdivision a distance of 18.02 feet to the Point of Beg inning; thence continue along said Westerly line a distance of 90.00 feet to the Southerly line of Mariners Gate Court, a 50 foot right of way as now laid out, as Recorded in Map Book 50, Page(s) 99 and 100, of the Public Records of Vol usia County, Florida; thence N 90000'00" E, 82.73 feet (Plat), N 89058'26" E, 82.77 feet (as measured) to a point said point being the P.C. of a curve concave to the Southwest, having a Delta angle of 109028'16" (Plat), 109030'18" (as measured), a radius of25 feet and having a chord bearing ofS 35015'52" E (Plat), S 35016'17" E (as measured); thence Southeasterly along said curve, a distance of 47.77 feet, to a point on the Westerly right-of-way of Falcon Avenue as shown on Pelican Cove West Subdivision Phase 1, Map Book 38, Page(s) 172 and 173 of the Public Records of Vol usia County, Florida, said point being the P.R.C. of a non tangent curve concave to the East, having a Delta angle of 19006'28", a radius of 125 feet and having a chord bearing of S 09059'34" W (as measured), S 09055'30" W (as calculated), thence Southerly along the Westerly right- of-way line of said Falcon Avenue and said curve a distance of a distance of 41.69 feet, to said curves Point of Tangency; thence S 00000'00" E (calculated) S 00008'38" W (as measured) along said Westerly right-of-way line of said Falcon Avenue a distance of 15.83 feet; thence leaving said Westerly right-of-way line, S 90000'00" E, a distance of 99.89 feet to the Point of Beginning. Containing 0.24 .::!: acres more or less. 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 Development Services Director 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 Stll1ck tlu ol1~h passages are deleted. Underlined passages are added. 2006-0-17 3 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 recording into the public records of Vol usia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Shuck tluougl. passages are deleted. Underlined passages are added. 2006-0-17 4 PART G. ADOPTION. On May 15, 2006 a motion to continue first reading until June 19, 2006 was made by Councilwoman Rogers and Second by Councilwoman Rhodes, motion carried 4-0 (Councilman Vincenzi was absent). After Motion by and Second by the vote on the first reading of this ordinance held on June 19,2006 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion by and Second by the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter Sttnck t1uotl~h passages are deleted. Underlined passages are added. 2006-0-17 5 PASSED AND DULY ADOPTED this 10th day of July, 2006. 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: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Stltlck tluotlg;h passages are deleted. Underlined passages are added. 2006-0-17 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. 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MAP NUMBER 12127C0685 G LEGEND AND ABBREVIATIONS DENOTES FENCE -X--X--X- WM - WATER METER AC - AIR CONDITIONER FH - FlREHYDRANT CATV - CABLE TELEVISION FND - FOUND PI- POINT OF INTERSECTION EF -END OF FENCE CONC - CONCRETE RES ~ RESIDENCE CW - CONCRETE WALK CB - CONCRETE BLOCK CM - CONCRETE MONUMENT CH- CHORD LIP - LIGHT POLE . ~ NOT SUBSTANTIATED BY FIELD MEASUREMENT (M) - MEASURED (P) DEED (D) PRM - PERMANENT REFERENCE MONUMENT CIL - CENTERLINE OIL - OVERHEAD UTILITY PIP - POWER POLE FC - FENCE CORNER CLF ~ CHAIN LINK FENCE IP -IRON PIPE L ~LENGTH R-RADIAL (C) - CALCULATED P/L- PROPERTY LINE R/W - RIGHT-OF-WAY ID - IDENTIFICATION FR - FRAME (D) - DEED (PR) or (PRO) ~PRO-RATE (NR) ~ NON RADIAL IR&C - IRON ROD AND CAP PCP - PERMANENT CONTROL POINT NGVD - NATIONAL GEODETIC VERTICAL DATUM USC&GS - UNITED STATES COASTAL AND GEODETIC SURVEY FLDNR or DNR - FLORIDA DEP AR TMENT OF NATURAL RESOURCES CCCL - COASTAL CONSTRUCION CONTROL LINE MHW - MEAN HlGH WATER DELTA - '" MES - MITERED END SECTION INV - INVERT CMP - CORRUGATED METAL PIPE RCP - REINFORCED CONCRETE PIPE TYP - TYPICAL TELE U/G- TELPHONE UNDERGROUND WN - WATER VALVE BC ~ BUILDING CORNER TBM- TEMPORARY BENCHMARK L -LINE PC - POINT OF CURVATURE PT -POINT OF TANGENCY CRD - CHORD EL - ELEVATION RP - RADIUS POINT NRMH - NORTH RIM MANHOLE SRMH - SOUTH RIM MANHOLE MH - MANHOLE GR - GRADE WIT - WITNESS UG - UNDERGROUND NE - NORTHEAST NW - NORTHWEST SW - SOUTHWEST SE - SOUTHEAST N - NORTH S - SOUTH E - EAST W - WEST PALM - PALM TREE CBW - CONCRETE BLOCK WALL OR ~ OFFICIAL RECORD BOOK MB ~ MAP BOOK PG - PAGE SUB - SUBDIVISION CD - CONC DRIVE POB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT ~ ~ ---------- ~ ~ ~ ~ t'j j ~ FOUND rJ1 A J 4"x4"CM S GRAPHIC SCALE IN FEET & DISC LB# 4567 ".. 1" = 20' ;3 ffi';~::~:~w~'.'.'.'.'.'.'.'.'l J P,RM ~ 0' 10' 20' I ~ I t'j 23:;;::: i ::s ~g 1 (j (c;~ ~ ~~ I t'j > w i--~___--------------- ~ ~t>1~I~ :I: v,;_ 17'. t'j t;<:s I~ ~ c::;g i t'j ~-:--:::. o ~~ I ~::::"bO:~=:='~:::=~~~N:C~,:~~:~& Grnm).===-~~'. o I FOUND " : ~ 5/8" lR&C ' -< ~-kc~~~tt~--?O-80! ~' "'"- L: . . . if, . I ,.. 4'LONC: WALK,' ...? N. :::; -- .~. '" . , . , . . . . . . . .P:Q. l . -----R/W---- -- _---. S ( SET ~ N90000 '00 "E, 82. 73'(P) N89058'26"E, 82. 79'(M) , ~ 518" IR&CI ( FOUND -------;, .. '. , , =:3 LS# 5846; PART LOT 14, HIGHWAY SUBDIVISION I 4" X 4" CM1ART OF LOT!J5! g ~ MAP BOOK 8, PAGE 222 . ,& DIS;:'::' 4567 .1 (Not Included~i ~ ~ ~ "n n - n - n_ - n_ - -;,-:t(~)- n - n n - - 4~7~~iM-7:- _11~..lln r n~, f!l s: ~ ~ &DISCLB#456 . ~ o V:l '0 PRM ~ ~ ~ 8 s ~ --------.-/, P. i C ~ d ~~ : I ~ ~ ::3 ~I ~ g "NO BUILDINGS" i ~ >-."'< ::::j ~ B I >-j ~ ~ t!J ~ ~ ~ '-0:. 00 PART LOT 15, HIGHWAY SUBDIVISION I gj ~ r..:; tj :: ~"" ~ ~ c: MAP BOOK 8, PAGE 222 : ~ ~ ~ ~ ~ ~ I ~ 8718 SQUARE Ff:ET I . '~i ~ bf-..:; ~~ ,~.~ 8 ' ---.:: MORE OR LE.:S I .~, .. ',I ""'.J l.."i ~ "J FOUNO '""' ~ ' 5,8" IR&C I I . I ~ I~ II~ ~~' FARTLOT15,HIGHWAYSUBDlVf~70N 1ILS#4165 I I' II FOUND MAP BOOK 8, PAGE 222 NOo047'31"W, 4 96'(M)" ~ ~ ~ 518",',R.lfrC I I ,;:: I, ~ ~ JLs# 4165 '- ~ 1r-~lj'l I t:-< i - ;;::, ~ P T [J I 4" X 4" tAt I 8 I ~ POINT OF ~ ~ ' J(/fNo ID,), ~:<; I ~ BEGINNIATG --14.3'-1.,-------... '.. ~- '-~----J ~~.~ v:l Vj II + A:A. II rJ1 ,00- .11 ~~.~. ,~~.. 'I I, E2"'-< 'II N90~00'00"W99.89'(M) . '1 _ ~ ~ v , " ~ '., llirl SET I' - {)' " /.. . .. . ,y<o;" ~ ~.' P'MAT OF s:: ~ Ii ~ /:~~t;If!M w ~ 518" IR&C I ,~\l'~~ // r,'AJi~...rD... IS~.I ... ....~l(No1.~~I~~ed) ~ ~ \ "!j & METAL DISC ~~r L-BfI.!~I8-b\'\\lt>.~ ~/:-';'c-c-CONCDR1VE~ rLB#7418,J...'...Vi ww' 'I.J. ~ "1:1 I "'- RLS# 2027 'Cl ~ ~ r ,a.,~.'" / ---.-~_~C ",,0 ~ W.. ~ >-- I ....- - --: ,~~ . 0 :7 J PARI; LOT I5,HIGHWAY-SUBDIVISION ..,.. li-.J 0 ..'. tri l ~ ! I t"" BASISOFBEARINGS~'-;, 6~ NE. ---:'0 ---'" MAPBOOK8,PAGE;'226c8'~~.L ~:A. I[ ( S89018'52"W,,/Pl/M') ?1 ": ~OCF01f-/!AELRL ", ,/ ' ..~..~. ..~~ .Sf~' $1 ~ [I, \ I' /1' \ I~~'~ rr/1 (NOTlNCLUDED) ',b'''g ":"= 518\' &C ....:j ~,. ~IJ --'554::~ e,22'~)~~;~gjr,~ ) /S9000";o(";~'lVaO;'(D)(M} "')n:~G"1N~NC I.' _ii/isH 46 . /l+- ~i ' ~ ENDOH'CLFO Ls, 10'W-=/ ,if'wPIP - -30,6.C:(JM.'-022''\'-/~ -- CONC003'S CONCO.03:S0/U CON~'03'S/ ~~~~COJs,i,\:- - -~'-WP/P I \) / ~ I ~ FOUND,' I P'S, 1 'E ~. . 678'(P): <~/ ~ ,1 6'S, \~ . I o 112" IR&C// 1:1 0 7' ~. /--CONC DRIi"EC-: . i- I I ~ (~~g) '1:1 cy 'WALL l~'/ j ~ 1 I' . ~ Hid~~f~5:/;gfs~~N I~I!' p ~:~ OF N["' l~,Z;~ ~,~(:::: SECTl~N2 T 11~;~S34 E (NO~ Inc~~~ nsm~=~~llcnOA~-~ ~ MAP BOOK 8 PAGE 222 ,. -;J7777PRiiF i :~jjDf5'52"i:(p) S35016'17"E(M) ~ 25.IJO'(F)(ML_ 109028'16"(P) 109030'18"~ __---='-O.:.8~(F)(M)-------j -< & s. HI. CORNER Us. LOT 5,1'11 4J69~S0905-"'34"W(j\1) S09055'30"W(C) L 12500'(P) 19006'28" 41.50' -----:j t'j SECTION 2, T 18 S, R 34 E UI ~ I ~ ! ;> ~ ~ s= >- ::g t'j .:;0 ~~----~-------~--~-~~~~~~~----~ I ~nm I N90000'00"E, 223, 73'(P) N89059'22"E, 223,78'(M) FOUND 4" X 4" CM [ & DISC LB# 4567 I \ P.R M -------0---+--- I ---R/W MARINERS GATE COURT (50' PLATTED RlW) PER MAP BOOK 50 PAGES 99-100 .~ , --------------- ----------- - ~ -20' +/- ..- /' / ./ ASPHALT pA VEMENT------------ PART OF LOT 15 (Not Included) PELICAN COVE WEST PHASE 1 MAP BOOK 38 PAGES 172 -173 (NOT INCLUDED) .~ SURVE'IORS NOTES: 1) BEAR:NGS AND DISTANCES REFER TO PLATS OF RECORD AND PREP ARDED LEGAL 2) DISTANCES SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF 3) THE CERTIFICATION OF THIS SURVEY REFERS TO THE FIELD SURVEY DATE 4) LEGAL PREPARDED BY UNDERSIGNED AT REQUEST OF CLIENT 5) SUBJECT TO ANY FACTS OF TITLE SEARCH PERFORMED BY WILLIAM N. GAMBERT, ESQUIRE This Plat Is Certified To: 1) Belmont Homes, Inc. (:::,~ <~...: .........,...; .",. ~ "':;j QJ - ;,~ ~ 0<" ~ J ,~ i:. ~ -' ,( ) '~~ A part of Lots 14 and 15, Highway Subdivision, US, Lot 5, Section 2, Township 18 South Range 34 East, according to the plat thereof and recorded in the Public Records of V olusia County, Florida and more particularly described as follows: Commence at the Southwest corner of U.S, Lot 5, Section 2, Township 18 South Range 34 East, said point also being the Southwest corner of Lot 15, Highway Subdivision, Map Book 8, Page 222, Public Records of V olusia County, Florida; thence N 000 29' 20" E, along the Westerly line of said Lots 14 and 15, Highway Subdivision a distance of 23.02 feet to the Point of Beginning; thence continue along said Westerly line a distance of 85,00 feet to the Southerly line of Mariners Gate Court, a 50 foot right of way as now laid out, as Recorded in Map Book 50, Page(s) 99 and 100, of the Public records of Vol usia County, Florida; thence N 900 DO' 00" E, 82,73 feet (Plat), N 890 58' 26" E, 82.79 feet(as measured) to a point said point being the P.c. cf a curve concave to the Southwest, having a Delta angle of 109028' 16" (Plat), 1090 30' 18" (as measured), a radius of 25 feet and having a chord bearing of S 350 15' 52" E (Plat), S 350 16' IT' E (as measured) ; thence Southeastely along said curve, a distance of 47.77 feet, to a point on the Westerly right-of-way of Falcon Ave. as shown on Pelican Cove West Subdivision Phase 1, Map Book 38 Page(s) 172 and 173 of the Public Records of Vol usia County, Florida, said point being the P.R. C. of a non tangent curve concave to the East, having a Delta anlgle of 190 06' 28", a radius of 125 feet and having a chord bearing of S 090 59' 34" W(as measured), S 090 55' 30" W (as lalcuLted), thence Southerly along the Westerly right-of-way line of said Falcon Ave, and said curve a distance of 41.69 feet, to said cur"es Point of Tangency; thence S 000 00' 00" E (calculated) S 00008' 38" W (as measured) along said Westerly right-of-way line of said Falcon Ave., a distance of 10.83 feet; thence leaving said Westerly right-of way line, N900 00' 00" W, a distance of 99,86 feet (as measured), 100.00 feet (calculated) to the Point of Beginning, .REVISIONS: 1) BOUNDARY AND LEGAL REVISED 11/0212005 CHECKED BY: BJP DRAWN BY: BJP FILED IN: LOOSE NOTES IN FOLDER PARTY CHIEF: LBP SURVEY DATE: 8/30/2005 SHEET 1 OF 1 HPFlLE: EAGLE8W ARDF ALCON FILE: FAI,CONVACPART LOTS 14 AND 15 HIGHWAYSUB MB8PG222 WARD SURVEY TYPE: BOUNDARY AND SPECIFIC PURPOSE fLOOD ZONE CLASSIFICATION Councilwoman Licbter moved to approve Ord. No. 2006-0-16, Tom Corbett, agent for Federal Trust Bank, requesting an amendment to tbe Official Zoning Map to include .45+ acres of land located west of USl and soutb of 1900 S. Ridgewood Avenue as B-3 (Higbway Commercial), second by Councilwoman Rogers. Tbe MOTION CARRIED 4 - 0 . C. 1st Reading, Ord. No. 2006-0-17, James C. and Rosemary Carder requesting an amendment to the Official Zoning Map to include .24~ acres of land located along the southwest corner of Falcon Avenue and Mariners Gate Court as R-4 (Multi- Family Residential) City Attorney Rosenthal read Ord. 2006-0-17 into the record. Interim City Manager Williams made a staff presentation. Mayor Thomas asked Mr. Carder to approach the podium. Councilwoman Rogers was confused because it says they will be putting in a single-family residence but yet it says that it will be changed to multi-family residential. She asked what this is. Development Services Director Darren Lear explained it is going to the R-4 zoning, which permits single-family homes in this district. They will be required to have variances after they get rezoned to actually be able to fit a single-family home on this lot. Councilwoman Rogers asked if there would be retention created on this piece of property. Mr. Lear informed her that wasn't necessary. He spoke of this piece of property having a mixed land use and zoning on it. Councilwoman Rogers questioned if they could go to a different zoning classification other than multi-family since this is just a single-family residence. Mr. Lear commented on this being adjacent to the Pelican Cove West subdivision. Councilwoman Lichter spoke of attending the Planning & Zoning Board meeting when this was discussed. She asked about the situation with the Pelican Cove Clubhouse. She Page 8 of 33 Council Regular Meeting May 15,2006 mentioned a concern of worry that they will be non- conforming. Carl Carder, 1305 Royal Palm Drive, stated there are five additional parking places on that property for the clubhouse. They have seventeen as it is. Mayor Thomas asked taking away five. and work something rezoned to be able if they are giving them five more or Mr. Carder stated they are going to try out with the City once they get this to do something. Councilwoman Rhodes wasn't sure she understood. Mr. Carder stated they developed the clubhouse and put additional spaces there. Councilwoman Rhodes asked if on the property they want to change, are five of the parking spaces for their clubhouse. Mr. Carder stated it is for their clubhouse but it is unofficial for the clubhouse. They weren't made to do it. It was worked out way back when. There was a brief discussion regarding the clubhouse being owned by the homeowners association. Councilwoman Rhodes stated so their parking spaces are on land that the applicant owns. Mr. Carder informed her that was correct. Councilwoman Rhodes questioned Mr. Carder allowing them to use the parking spaces. Mr. Carder stated up to this point they didn't need the land. Now they need the land. Councilwoman Rhodes asked if those spaces are used a lot. Mr. Carder stated they do have what was needed at the time. Councilwoman Rhodes would like to know how many cars are parked in those five spaces on a daily basis. Mr. Carder stated the one thing that was stated in the minutes back in 1991 was that the clubhouse was only supposed to be used by the community. If you open it up to outside activities outside the neighborhood, fifteen or sixteen spaces would not be enough for what they want to do. Councilwoman Lichter explained a scenario about stone walls. If it was back further for ex-number of years, the Page 9 of 33 Council Regular Meeting May 15,2006 property in front of the stone wall, even if the two markers were in front, it became hers. She then asked if that applies to parking spots that are used. City Attorney Rosenthal stated it could but didn't know if it applied in this case. He further commented on adverse possession. In this case, we haven't heard a suggestion from anyone whether the association thinks they have some rights to this property. If they hear that, they would have to evaluate that and take it into consideration. Assuming the homeowner's association doesn't have any legal right, whoever owns the property would be entitled to do what they wanted to do with the property. He assumed there isn't any City imposed requirement that says these spaces had to be used for parking spaces associated with this which is why staff is making a recommendation for approval. Mayor Thomas asked if the spaces are paved. Mr. Carder informed him they are concrete. Robert Fuller, 408 Sea Hawk Court, President of the Pelican Cove West Recreation Club, objected to the amount of land that he wants to rezone because it takes in their parking lot. On March 4, 1994, the plans that were submitted to the city included that parking lot. When it was deeded over to them, they did not deed all of it. Then in order for them to get things so they could turn it over to them, they had to provide them with additional parking because the seventeen parking spaces was not enough or required at that time. According to July 30, 1991 in Planning and Zoning the engineer had signed off on the subject site plan however an additional ten feet of property was incorporated in order to accommodate the additional parking required by LDRA. A unity of title should be filed to assure the property remains conforming so the City required that additional parking in order for it to conform to the zoning at that time. He has spoken to the Zoning Board and they said if they lose that parking lot they will be in violation. He questioned what they do then. Councilwoman Rhodes asked if that was true. Mr. Lear informed him that is the first time he is hearing this. Councilwoman Rogers suggested they continue this to June 19th and look further into it, which she feels would be ample time. Page 10 of33 Council Regular Meeting May 15,2006 Interim City Manager Williams stated the research he has done for this problem there is an indication that an agreement needs to be struck between the owners of Pelican Cove West and the applicant and staff suggested a condition of something be put into the motion stipulating that fact and allow the owners and the applicant to resolve this issue mutually. Mayor Thomas thought everybody was thinking along the same lines. Councilwoman Rhodes questioned if what Mr. Fuller was saying is true. Does the City require them to have those five parking spaces? Mr. Fuller stated it is in the various minutes from years ago. Mr. Lear stated it depends on what the square footage of the clubhouse is. Councilwoman Lichter felt this was mucky and didn't want to vote on it tonight. She felt they needed two parts to this. First the lawyer's opinion and second if Interim City Manager Williams feels an agreement is enough between them then she will buy it then but she didn't like it at the moment. Councilwoman Rogers stated she believed what Mr. Fuller said because he has the minutes and the drawings in front of him. Councilwoman Rhodes agreed but wanted to know why the City didn't know this and why he can get a staff recommendation when staff has no knowledge of this. Interim City Manager Williams stated they would have to go back and research those minutes and the advice that took place from Council. Councilwoman Rhodes questioned Mr. Planning & Zoning Board meetings. had but he got the minutes and the Planning & Zoning. Fuller attending the Mr. Fuller confirmed he information from the Councilwoman Rhodes feels they need to settle something but if the City is requiring something of them they should know it. City Attorney Rosenthal stated if there was a requirement for the unity of title in the minutes, that would have suggested that some additional land be conveyed by a deed so they would be treated as a single parcel. That is hearing the reading off the top of the head but it sounds like maybe it should have been. Page 11 of33 Council Regular Meeting May 15,2006 Councilwoman Lichter commented on there being problems with that neighborhood with the transfer of rights and the clubhouse. She wants the citizens to be protected in this case. Mayor Thomas asked how much the clubhouse is used and what other uses are there. Mr. Fuller commented on a church that holds service there on Sundays. They use it in the summer time a little bit less but during the winter they have two meetings per month and Florida Health Care uses it for a meeting. At times they could use more parking. Mayor Thomas also mentioned voting there. Mayor Thomas questioned the parking lot being full when they have their monthly meetings. Mr. Fuller informed him yes and they park along the street. Councilwoman Lichter questioned renting it out also for baby showers and dancing. Councilwoman Rogers mentioned also using it for church services. Carol Ann Stoughton, 2740 Evergreen Drive, felt it was a sin because she has canvassed the area in Mariners Gate. Those people paid $180,000 and $190,000 and were never told this would be in their front yard, back yard or side yard. They are so disgusted and dismayed because it is lowering their property values along with traffic. She feels the parcel is too small to accommodate all those homes in there along with parking. It seems that the developer gave Pelican Cove West a facility to maybe be taken away later because they so deemed they could use that and fill it up and make more money for the developer. She didn't feel this was fair. She felt the people should also be included in an agreement, not just in Pelican Cove West but also the people that live in Mariners Gate. She didn't feel any of them wanted it. It is lowering their property values. They have pools right across from it. She felt it was a sad state of affairs if it goes in. Pat Card, 3019 Willow Oak Drive, stated before this came to his attention the first time, he went out there and talked to the person who was the nearest person in the Mariners Gate development. At that time, that individual didn't remember having received any notification that this was coming up for a change of any sort. He discussed it with Page 12 of 33 Council Regular Meeting May 15,2006 them then but they didn't have a clue of what this was. His biggest concern in regard to this piece of property is that at the Planning and Zoning meeting, they heard Mr. Carder say that they really need to get an understanding with the people in the homeowners association in regard to this and they could work on that. That was six or eight weeks ago. They apparently haven't made any good work toward getting an understanding of this. He feels they need to put a time limit on it to get an understanding. If they can't get an understanding with the homeowners association, he felt the Council needed to deny it. Mr. Carder felt they needed a three way meeting with the City involved to come up with some creative process to be able to share this land. So far they haven't been able to do that. Mayor Thomas asked City Attorney Rosenthal if that was possible. City Attorney Rosenthal informed him he would like to know what is going on before the City attends that meeting. Mr. Carder stated they have sat down and discussed with Mr. Lear several different aspects of what they can do. Nothing fits into anything that is on the books. They talked about easements, sharing a driveway, sharing the parking, put their garage on that side and share the driveway. It may open a can of worms in the future but if you had some sort of agreement anything can work but nothing fits into anything the City has and that is their problem there. They don't need it all but they do have to meet the setbacks. If they were to build on this they still have a variance to be able to fit a home on this property. They need some help from the City to resolve this problem. They have no problem sharing the parking but they have problems with once they strike a line, they were going to take 89 feet and give them the rest for their parking. Then it came back that once they struck the line, they couldn't have concrete right on the line so they had to cut five more feet off the parking lot which would then make it not work. Because of the rules they are trying to work with, they can't come up with any kind of compromise. Councilwoman Lichter felt they just needed to look at the legal. It may be more clear-cut than they think. Page 13 of 33 Council Regular Meeting May 15, 2006 Mr. Carder stated they have no problem sharing the area but they need some cooperation also. Mr. Lear felt there was some confusion on where this parcel is. He pointed out the parcel on an aerial photo and described it as being at the corner where Falcon Avenue and Mariners Gate intersect. He pointed out the parcel he thought Ms. Stoughton was talking about, which was Tuscany Villas. Mr. Lear suggested they have some sort of cross access easement or joint use driveway. They have always said that and they said maybe at some point, you aren't issued a C.O. until this is worked out between the applicant and the homeowners association. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Lichter asked Councilwoman Rogers if she already did it. Councilwoman Rogers stated she did do a motion to continue it. Councilwoman Rhodes seconded the motion. Mayor Thomas stated the motion was to postpone it. Councilwoman Rogers stated to a date certain being June 19th. City Attorney Rosenthal stated that is continuing the first reading and public hearing. At that time, they could reopen the public hearing. Councilwoman Lichter stated she would second it. Councilwoman Rhodes stated she had seconded it. City Clerk Wadsworth asked Councilwoman Rogers if her earlier suggestion was a motion to continue to a date certain, either thirty days or June 19th. Councilwoman Rogers informed her yes. Motion was previously seconded by Councilwoman Rhodes. The MOTION CARRIED 4 - 0 . There was a ten-minute recess at this time. The meeting recessed at 8:00 and reconvened at 8:12 p.m. Page 14 of33 Council Regular Meeting May 15,2006 AGENDA REQUEST Date: Mav 4. 2006 PUBLIC HEARING Mav 15. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1st Reading - Ordinance No. 2006-0-17 James C. Carder, requesting an amendment to the Official Zoning Map to include .24::1:: acres of land located along the southwest corner of Falcon Avenue and Mariners Gate Court as R-4 (Multi-Family Residential). APPLICANT/AGENT: James C. Carder OWNER(S): James C. Carder REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-4 (Multi- Family Residential). PROPOSED USE: Construction of a single-family residence. LOCATION: Southwest corner of Falcon Avenue and Mariners Gate Court AREA: .24::1:: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Medium Density Residential ZONING DISTRICT: B-3 (Highway Commercial) VOTING DISTRICT: 3 SURROUNDING AREA: Current Land Use FLUM Designation Zoninl! District North Single- Family Medium Density Residential RPUD (Residential Residential and Planned Unit Vacant Development) and East Single-Family Low Density Residential B-3 (Highway Commercial) Residential South Pelican Cove West Commercial B-2 (Neighborhood Recreation Center Business) West Vacant Medium Density Residential R-4 (Multi-Family Residential) RZ-0519 - Carder Background This property is currently vacant and north of the Pelican Cove West Recreation Center. The applicant is proposing to construct a single-family residence on this site. At their regular meeting of April 12, 2006 the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council for the proposed amendment. Land Use Compatibility The proposed development of a single-family residence is compatible with the surrounding single-family residential uses. Adequate Public Facilities The site has access to Falcon Avenue, an improved City right-of-way. City water and sewer is available to this site. Natural Environment There are no known environmental issues associated with this property. Consistency with Comprehensive Plan The amendment to the Official Zoning Map will bring the zoning for this parcel into compliance with the Comprehensive Plan Future Land Use Map, as the current zoning classification is not compatible with the Future Land Use designation of Medium Density Residential. Other Matters A variance will be required prior to development to allow a reduction in the side-corner setback. This will be heard by the Planning and Zoning Board at a later date. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-17; an amendment to the Official Zoning Map to include .24:1: acres ofland located along the southwest corner of Falcon Avenue and Mariners Gate Court as R-4 (Multi-Family Residential). ACTION REQUESTED Motion to approve Ordinance No. 2006-0-17. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. c:9\0~~J:^''''-l( Robin Matusick \ Paralegal L/.~ 0ion Williams Interim City Manager Darren Lear Development Services Director RZ-O 51 9 - Carder 2 ORDINANCE NO. 2006-0-17 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CITY B-3 (HIGHWAY COMMERCIAL) TO CITY R-4 (MULTI-FAMILY RESIDENTIAL) FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF FALCON AVENUE AND MARINERS GATE COURT, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. James C. And Rosemary Carder, owners/applicants of property located at the Southwest comer of Falcon Avenue and Mariners Gate Court, Edgewater, Florida. Subject property contains approximately 0.24 acres more or less. 2. The owner/applicant has submitted an application for a change in zomng classification from City B-3 (Highway Commercial) to City R-4 (Multi-Family Residential) for the property described herein. 3. On April 12, 2006, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 7 - 0, the Board recommended that City Council consider approval of the request. 4. On May 15, 2006, 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 May 5, 2006. Stltlck t1uotlgh passages are deleted. Underlined passages are added. 2006-0-17 1 5. On June 19,2006, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on June 8, 2006, 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 A TER, FLORIDA. The zoning classification for the following described property is hereby changed from City B-3 (Highway Commercial) to City R-4 (Multi-Family Residential). The following described real property all lying and being in the County of V olusia Stl tick t1uongh passages are deleted. Underlined passages are added. 2006-0-17 2 and State of Florida. A part of Lots 14 and 15, Highway Subdivision, U.S. Lot 5, Section 2, Township 18 South, Range 34 East, according to the plat thereof and recorded in the Public Records of Vol usia County, Florida and more particularly described as follows: Commence at the Southwest corner of U.S. Lot 5, Section 2, Township 18 South, Range 34 East, said point also being the Southwest corner of Lot 15, Highway Subdivision, Map Book 8, Page 222, Public Records of Vol usia County, Florida; thence N 00029'20" E, along the Westerly line of said Lots 14 and 15, Highway Subdivision a distance of 18.02 feet to the Point of Beg inning; thence continue along said Westerly line a distance of 90.00 feet to the Southerly line of Mariners Gate Court, a 50 foot right of way as now laid out, as Recorded in Map Book 50, Page(s) 99 and 100, of the Public Records of Vol usia County, Florida; thence N 90000'00" E, 82.73 feet (Plat), N 89058'26" E, 82.77 feet (as measured) to a point said point being the P.C. of a curve concave to the Southwest, having a Delta angle of 109028'16" (Plat), 109030'18" (as measured), a radius of25 feet and having a chord bearing ofS 35015'52" E (Plat), S 35016'17" E (as measured); thence Southeasterly along said curve, a distance of 47.77 feet, to a point on the Westerly right-of-way of Falcon Avenue as shown on Pelican Cove West Subdivision Phase 1, Map Book 38, Page(s) 172 and 173 of the Public Records of Vol usia County, Florida, said point being the P .R.C. of a non tangent curve concave to the East, having a Delta angle of 19006'28", a radius of 125 feet and having a chord bearing of S 09059'34" W (as measured), S 09055'30" W (as calculated), thence Southerly along the Westerly right- of-way line of said Falcon Avenue and said curve a distance of a distance of 41.69 feet, to said curves Point of Tangency; thence S 00000'00" E (calculated) S 00008'38" W (as measured) along said Westerly right-of-way line of said Falcon Avenue a distance of 15.83 feet; thence leaving said Westerly right-of-way line, S 90000'00" E, a distance of99.89 feet to the Point of Beginning. Containing 0.24 ::!:: acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map ofthe City of Edgewater, Florida, to reflect the change in zoning classification for the StltlGk thlotl~h passages are deleted. Underlined passages are added. 2006-0-17 3 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 recording into the public records of Vol usia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Stl tick tlllol1~h passages are deleted. Underlined passages are added. 2006-0-17 4 PART G. ADOPTION. After Motion by and Second by the vote on the first reading of this ordinance held on May 15,2006 is as follows: Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion by AYE and Second by NAY the vote on the second reading of this ordinance was as follows: Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter StInGk t1116tl~h passages are deleted. Underlined passages are added. 2006-0-17 AYE 5 NAY PASSED AND DULY ADOPTED this 19th day of June, 2006. 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: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP StltlCk tll/otl~h passages are deleted. Underlined passages are added. 2006-0-17 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of June, 2006 under Agenda Item No. 6_. 6 f f It i :J i 'i <:::I z cr 0 o ~I -1' ~ AGENDA REQUEST c.A. NO.: 2006-079 Date: June 9. 2006 PUBLIC HEARING 06/19/2006 RESOLUTION x ORDINANCE BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: Resolution #2006-R-04 ModifYing administrative fees and schedule of costs/fees relating to the Code of Ordinances, Chapter 2 I (Land Development Code) and other administrative fees/costs. BACKGROUND: The City has adopted numerous ordinances and resolutions establishing and modifying the various schedules of costs, fees and surcharges relating to the Code of Ordinances, Land Development Code and administrative costs/fees. Due to numerous reference points, there can be inconsistencies with various amounts collected on certain fees/costs. Resolution #2006-R-04, in an effort of consistency incorporates all City costs, fees, fines and surcharges relating to City business into one reference point. STAFF RECOMMENDATION: Staff recommends approval of Resolution #2006-R-04. ACTION REOUESTED: Motion to approve Resolution #2006-R-04. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, on C. Williams Interim City Manager Cy.)[::~~~~'J.CI~ Robin L. Matuslck Paralegal rIm RESOLUTION NO. 2006-R-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA, MODIFYING ADMINISTRATIVE FEES AND THE SCHEDULE OF COSTS/FEES RELATING TO THE CITY OF EDGEWATER CODE OF ORDINANCES, CHAPTER 21 (LAND DEVELOPMENT CODE) AND OTHER ADMINISTRATIVE FEES/COSTS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. The City has adopted several ordinances and resolutions establishing various schedules of costs/fees and surcharges relating to the Code of Ordinances, Land Development Code and administrative costs/fees. 2. In an attempt to be more consistent with all fees/costs and surcharges, the City feels that they should be incorporated into one (1) resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Modifying the Schedule of Fines, Penalties, Costs and Various Fees. Pursuant to the Code of Ordinances and Land Development Code, the schedule of costs/fees as set forth in Exhibit "A", attached hereto and incorporated by reference, is hereby established. Section 2. Conflicting Provisions. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. Section 3. Severability and Applicability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect 2006-R-04 1 the remaining portions of this resolution. If this resolution 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. Section 4. shall be as of Adoption and Effective Date. ,2006. The effective date of this Resolution After Motion for approval by , the vote on this resolution was as follows: and Second by AYE NAY Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilman Dennis A. Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 2006-R-04 2 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: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP 2006-R-04 day of ,2006. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this _ day of , 2006 under Agenda Item No.6 3 EXHIBIT" A" CHAPTER 1 (GENERAL PROVISIONS) SECTION 1-8 -(GENERAL PENALTY; CONTINUING VIOLATIONS) CITY OF EDGEW A TER SCHEDULE OF FINES, FEES, COSTS AND/OR PENALTIES THE FOLLOWING CAPTION RELA TES TO ALL CITATIONS ISSUED BY THE POLICE DEPARTMENT: The amounts shown in this Schedule include additional costs pursuant to Chapter 938, Florida Statutes ($3.00 Teen Court) · If there is a conflict between the amount established by this and the amount shown on the Notice to Appear, the lesser amount shall control. · The fine for any City Code or Ordinance violation not specifically listed shall be classified as a Class I offense and shall result in the applicable civil fine thereto. · Add to all fines, fees, costs and/or penalties as shown, the following: Add additional $15.00 to the amount shown ifpaid late, but before a capiaS Issues. Add additional $25.00 to the amount shown if paid after a capias Issues. Add additional $80.50 to the amount shown if paid after a capias is served. Chapter 21 (Land Development Code) - Pursuant to Section 21-121.05 (Classification of Violations and a Schedule of Civil Fines, Penalties and/or Costs) of Article X (Code Compliance Process), Chapter 21 (Land Development Code), the following is hereby established in the following schedule. Any violation of any of the following provisions shall be classified and shall carry the corresponding civil fine prescribed in section 21-121.05. Any offense that is not specified shall be classified as a Class I offense and shall result in the applicable civil fine thereto. Classification of Violations and Civil Fines The following classifications of violations and corresponding civil fines shall be as follows: 2006-R-04 4 Classification Class I Class II Class III Class IV First Offense Each Repeat Offense $ 5:3-:00 75.00 $ 108.00 150.00 $ 108.00 150.00 $ 25J.00 300.00 $ 25J.00 300.00 $ 450.00 500.00 Mandatory Court Appearance I Table I I I Code of Ordinances I Chapter Statutory Title Classification/ Issuing and/or Reference Fines Authority Section and Costs Chapter 3 Advertising Signs I CO/PD Chapter 4 Alcoholic Beverages, I PD except 4-2 9562.14 Sale only from licensed $108.00 PD premises (Unlawful sale of II alcoholic beverages) 4-4 9877.03 Improper conduct upon $108.00 PD 9856.011 licensed premises II (Disorderly conduct) 4-5 9562.14 Hours of sale (Alcoholic $15J.00 PD beverages) II 4-8 Closing restrictions $108.00 II PD 4-9 Set-ups $108.00 II PD 4-10 Consumption in public $53.00 I PD places 4-11(a) Possession of open $108.00 II PD containers in a public place 4-11 (b) 9316.1936 Possession of open $108.00 II PD containers in vehicle SCHEDULE OF CIVIL FINES 2006-R-04 5 Chapter 5 Animals and Fowl, except I ACO/PD 5-4 Interfering with Animal $253.00 III ACO/PD Control Officer 2nd Offense = IV 5-18 9828.08 Poisoning or Trapping of $253.00 III ACO/PD Animals 2nd Offense = IV 5-19 9828.12 Cruelty to Animals $253.00 III ACO/PD 9828.13 2nd Offense = IV 5-60 Dangerous Dogs $253.00 III ACO/PD 2nd Offense = IV Category II Offenses: First Offense $53-:00 150.00 ACOIPD Second Offense $108.00300.00 Third or IV IMand Court subsequent offense IV IMand Court ** Unprovoked biting, attacking or wounding of a domestic animal IV IMand Court * * Destruction or loss of property 5-7 City designated as bird ACO/PD sanctuary 5-8 Animals prohibited ACO/PD 5-9 Keeping bees prohibited ACO/PD 5-10 Feeding of wildlife ACO/PD prohibited 5-11 Wildlife hybrids prohibited ACO/PD 5-12 Animals defecating on ACOIPD public or private property prohibited 2006-R-04 6 5-13 Animals prohibited in ACO/PD parks and on beaches 5-14 Running at large ACO/PD prohibited 5-15 Animal under restraint ACO/PD 5-16 Restraint of guard dogs ACO/PD 5-17 Public nuisance animals ACO/PD prohibited** 5-20 Female animals in heat ACO/PD 5-20.1 Attempting to breed ACO/PD 5-21 Disposition of dead ACO/PD animals 5-22 Animals transported in ACO/PD vehicles 5-23 Duties of driver when ACO/PD vehicle strikes animal 5-24 Dogs and cats transported ACO/PD or offered for sale or gift 5-30 Vaccinations of dogs and ACO/PD cats 5-31 License required ACO/PD 5-33 License tag and rabies tag to be attached to collar or ACO/PD harness of animal 5-36 Breeding and kennels ACO/PD 5-50 Animals infected with ACO/PD rabies; reporting requirements 5-52 Surrender of animal for ACO/PD quarantine or destruction 2006-R-04 7 5-53 Killing or removal of rabid ACO/PD animal 5-54 Surrender of carcass of ACO/PD rabid animal Chapter 6 Boats, Docks and I PD Waterways, except 6-31 9327.53 Marine sanitation $GJ.OO IT PD Chapter 7 Building and I Or twice the Construction, Fire amount of the Safety, except building permit fee, whichever is greater Sections within the Code II that identify a specific penalty which may be greater than fine Chapter 10 Health and Sanitation I 10-8 Abandoned airtight $108.00 IT CO/PD containers ARTICLE II. Noise Pursuant to Sec. COIPD 10-28 Penalties 10-22 General restrictions ! CO/PD 10-23 Specific noises prohibited ! COIPD 10-32 Noises prohibited I CO/PD 10-41 9403.413 Littering $5J.00! CO/PD 2006-R-04 8 Chapter 11 Occupational Licenses, II Taxes and Regulations 11-2 License required; issuance $108.00 II CO/PD (Doing business without occupational license ) 11-27 ~538.04 Pawnbrokers, secondhand $253.00 III CO/PD dealers - Records of transactions of pawnbrokers 11-63 Registration - Required $153.00 III CO/PD (Pedd lers/so] ic itors/itinerant merchants, permit required) 11-68 Loud noises and speaking $153.00 III CO/PD devices (Sale by use of vehicle/noise in right-of- way) Chapter 12 Offenses and I PD Miscellaneous Provisions, except 12-2 ~800.03 Display of genitals, $253.00 III PD women's breasts, prohibited at certain commercial establishments (Sexual conduct/exposure in alcoholic beverage establishments) 12-4 9790.15 Discharge of firearms, $108.00 n PD weapons 12-77 9800.03 Prohibited activities $108.00 II PD (Exposure of breast in public place) Chapter Parks and Recreation I CO/PD 12.5 2006-R-04 9 Chapter 15 Streets and Sidewalks, I except 15-2 9316.2035 Display or storage of goods $108.00 II CO/PD 9316.2045 restricted (Obstructing street or sidewalk) 15-5 Excavations in streets - II CO/PD Permit required Chapter 17 Traffic, except $44.00 I PD 17-35 9316.194 Stopping, standing or $44.00 I PD parking outside of municipality 17-36 9316.194(1) Parking on highway $44.00 I PD 17-37 9316.1945 Stopping, standing, or $44.00 I PD parking prohibited in specified places 17-38 9316.1945(1) Double Parking $44.00 I PO 17-39 9316.1945(3 ) Parking within an $44.00 I PD intersection 17 -40 9316.1945(10) Parking where official $44.00 I PD traffic control device prohibits 1 7-41 9316.195 Additional parking $44.00 I PD regulations; improper parking one/two way road/angle 17-42 9316.1955 Handicap parking $100.00 II PD 9316.1957 9316.1958 9316.1959 2006-R-04 10 17-43 S316.1965 Parking near rural mailbox $44.00 I PD during certain hours; penalties 17-44 S316.2025 Following fire apparatus $44.00 I PD S316.1945 prohibited; parking in firelane Chapter 19 Utilities and Services, I CO/PD except 19-z 3 Unlawful connections III CO/PD 19-Z4 22 Tampering with meters, II CO/PD tap, etc., unlawful 19-n 33 Unauthorized connections III CO/PD prohibited 19-69 66 Builders, building II CO/PD contractors and privately employed tree trimmers and tree surgeons 19-76 67 Transporting and disposing II CO/PD of garbage and trash 19-74 Molesting contents of I CO/PD recycling container 2006-R-04 11 The Sections listed below relating to misuse of potable, well or reclaimedlreuse water by any person who does not contest a citation shall be fined the following: 1 sl Offense Warning Notice 2nd Offense $+6&.00 Class II 3 rd Offense $+5&.00 Class III fine with disconnection of reclaimed water services which requires a $25.00 re- connection fee, for a total of $+75:66 225.00 41h Offense $475-:00 500.00 fine with disconnection of reclaimed water services which requires a $25.00 re- connection fee, for a total of $~ 525.00 Continued abuse: $500.00 per violation 19-5t 90 Levels of water 1 sl Offense = CO/PD conservation and water Warning shortage (Violation of 2nd Offense = watering times) Class II 19-5Z .2.l General restrictions on 1 sl Offense = CO/PD water use Warning 2nd Offense = Class II 19-+24 123 Required use of reclaimed 1 sl Offense = CO/PD water system Warning 2nd Offense = Class II 2006-R-04 12 19-125 Limitations on use of 151 Offense = CO/PD reclaimed water Warning 2nd Offense = Class II 19-129 Prohibited activities and I CO/PD biennial inspections Chapter Vehicles for Hire, except I CO/PD 19.5 19.5-6 Occupational licenses II CO/PD required for business 19.5-12 Public liability insurance II CO/PD required 19.5.28 Issuance and contents of $108.00 II PD permits Chapter 21 Land Development Code CO Article III Permitted, Conditional, I CO Accessory and Prohibited Uses, except 21-37.01 Code specific CO thru 21-37.08 Article IV Resource Protection I CO Standards, except 21-41.03 Permit required (Wetland III CO alteration) Article V Site Design Criteria, I CO except 2006-R-04 13 21-53.02 Stormwater Management II CO Requirements, Permit Authority 21-55.02 Tree Protection II CO Requirements, Tree Removal Permit required 21-56.04 Weeds, Grass and Brush; I CO thru 21- Standards for Property 56.06 Maintenance Article VI Sign Regulations I CO Article IX Applications Procedure I CO 21-102 Mining Permits Only III CO Article X Code Compliance I CO Process Article XII Telecommunication I CO Towers Article XIII Subdivisions I CO Article XIV Historic Preservation II CO Article XVI Fire and Hazard I CO Prevention 2006-R-04 14 SECTION 1-9- (ADDITIONAL COURT COST FOR LAW ENFORCEMENT EDUCATION) Section 1-9(a): Court Costs pursuant to Section 3l8.18(1l)(b), Florida Statutes: $Z:OO $3.00 Criminal Justice Education pursuant to Section 938.15, Florida Statutes: $2.00 Section 2-6 Dishonored check policy $20.00 $25.00 or 5% whichever is greater CHAPTER 5 (ANIMAL CONTROL) SCHEDULE OF FEES AND CIVIL PENAL TIES FEES Section 5-21. Disposition of dead animals $-Hr.OO 20.00 Section 5-31. License/Tag Required (a) Fee (1) Sterilized animal $ -9:00 10.00 (2) Unsterilized animal $t2:Be 20.00 .au Three (3) year license/tag with proof of three (3) year rabies vaccination ill Sterilized animal $25.00 ill Unsterilized animal $50.00 tb1 U) Duplicate tag $ -z.:.oo 5.00 tel @ Administrative fee $ 2.00 Section 5-36. Breeding and Kennels Annual Breeder Permit Fee Breeder facility inspection fee $25:00 50.00 $25.00 Section 5-41. Disposition of Impounded animals $37.00 f01 3 day impoundment $45.00 fm 5 day impoundment $10.00 additional fee f01 unlieell5ed animal w Dogs $l5.00/day 2006-R-04 15 Section 5-60( e). Section 5-70(h): au ill Cats Surcharge for unlicensed animals $1O.00/day $10.00 Dangerous animal registration (a) (b) Sterilized animal Unsterilized animal $2-5:00 $5&:00 50.00 100.00 Animal Control Surcharge pursuant to Section 828.27(4)(b), Florida Statutes. $5.00 ANIMAL CONTROL - MISCELLANEOUS FEES Emer~ency Call-Out Fee - this fee is for emergency call-out after normal business hours for an animal control officer to respond to a call $31.60 per hour Return to Owner Fee's (Fee assessed for animals returned to owner prior to being impounded) ill au Licensed Unlicensed $ 5.00 $10.00 Animal Microchipping Fee (includin~ National registration) $30.00 Owner Requested Euthanasia ill au Cats Dogs $30.00 $40.00 Rabies Testing Preparation Section 10-97. Section 1O-97(d): $50.00 CHAPTER 10 (HEALTH AND SANITATION) Lien Against Property Lien Inquiry/Reports: $25.00/palcel $30.00/parcel CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES AND REGULATIONS) Chapter 11 is pursuant to the requirements of Chapter 205, Florida Statutes. Section 11-3. Term of license; proration of tax; delinquency charges. 2006-R-04 16 - 11-3(a). Delinquency charge. Licenses which are not renewed on or before the expiration date may be reinstated thereafter upon payment by the holder of the license of the applicable license tax plus a delinquency charge in the amount of ten (10) percent of such tax for the first month of delinquency, five (5) percent each month for additional delinquency, up to a maximum of twenty-five (25) percent. 11-3(b ). Penalty . Twenty-five (25) percent of the license due. 11-3(c). Additional Penalty. An additional penalty may be charged for failure to obtain a license of up to $250.00. Section 11-4. License limits; transfer fee; no rebate. 11-4(a). Transfer fee - new owner. Pursuant to Section 205.043, Florida Statutes, a transfer fee of up to ten percent (10%) of the annual license tax, but not less than $3.00 nor more than $25.00. 11-4(b). Transfer fee - new location. Pursuant to Section 205.043, Florida Statutes, a transfer fee of up to ten percent (10%) of the annual license tax, but not less than $3.00 nor more than $25.00. Section 11-7. Administrative fees; application fees; inspection fees. 11-7(a). License application fee. $2+:-00 25.00 11-7(b). Reprint fee. $ 5-:-00 7.00 11-7(c ). Reinstatement fee. $:3+:5B 35.00 11-7(d). Inspection fees. (1) Fire inspection fees business/commercial. Occupancy Type Annual Fee Amount Business/Commercial 0- 3,000 sq. ft $2+:-00 25.00 3,001 - 30,000 sq. ft. $36:75 40.00 30,001 + sq. ft. $5Z:5B 55.00 Mercantile 0- 3,000 sq. ft. $2+:-00 25.00 2006-R-04 17 3,001 - 30,000 sq. ft. $%:15 40.00 30,001 + sq. ft. $5Z:-5B 55.00 Assembly 0- 300 persons $Z+:OO 25.00 301 - 1,000 persons $%:15 40.00 1,001 + persons $5Z:-5B 55.00 Industrial 0- 3,000 sq. ft. $Z+:OO 25.00 3,001 - 20,000 sq. ft. $3+:-5B 35.00 20,001 - 60,000 sq. ft. $42:00 45.00 60,001 + sq. ft. $5Z:-5B 55.00 Storage Storage buildings (300 - 10,000 sq. ft.) $26:7:6 30.00 Storage buildings (10,001 and up sq. ft.) $5Z:-5B 55.00 Rental units under 300 sq. ft. Exempt (2) Fire inspection fees - home occupational licenses. Annual inspection $Z+:OO 25.00 (3) Environmental services inspection fees - backflow devices. Initial inspection $tB:-5B 15.00 (4) Reinspection fees. $+5:-95 20.00 Section 11-8. License tax schedule. Pursuant to the requirements contained in Section 205.053 5(4), Florida Statutes, modification to the rate structure of the fees listed in this Section man only be modified every other year (effective June 22,2006) by up to five percent (5%). The increase, however, may not be enacted by less than a majority plus one vote of the governing body. The following annual, except as otherwise stated, designated license taxes shall be paid to the city by persons, engaging in or managing or transacting the following businesses, occupations or professions within the city: 2006-R-04 18 1) Abstract or Title Company $ 86:8Z 91.16 2) Accommodations for rent, apartments, motels, motor courts, cottages, hotels, boardinghouses a) 1 to 2 rental units n/c b) 3 to 10 rental units z.&94 30.39 c) 11 to 20 rental units 59-:-89 60.78 d) 21 to 30 rental units 86:8Z 91.16 e) 31 to 40 rental units 115. 7G 121.55 t) Each additional unit Z:3-:+5 24.31 License must be taken out for all rental units whether used or unused. (Does not permit dining room without restaurant license). 3) Addressing, mailing or duplicating 4B:-5Z 42.55 4) Advertising agency or trade inducement company 69:46 72.93 5) Agents or agencies: a) Collection Agency 86:8Z 91.16 b) Credit reporting 59-:-89 60.78 c) Booking agents 59-:-89 60.78 d) Employment 59-:-89 60.78 e) Private detective, detective agency (must register with police department) 86:8Z 91.16 t) Travel agents 86:8Z 91.16 g) Security agency 86:8Z 91.16 h) Mortgage Broker 86:8Z 91.16 1. Each additional z.&94 30.39 2. Stocks and bonds 86:8Z 91.16 i) Other 46:-3+ 48.63 6) Alcoholic beverages, spirits, beer and wine (under state supervision), state license required n/c 7) Ambulance service (not connected with hospital or funeral home) 8-t:64 85.09 8) Animals a) Kennel, state license required 8-t:64 85.09 b) Boarding, state license required 8-HM 85.09 c) Grooming 4B:-5Z 42.55 d) Pet sitting z.&94 30.39 9) Archery range 4B:-5Z 42.55 10) Armored car service: a) 1 - 3 vehicles 59-:-89 60.78 b) Each additional vehicle tT:-31 18.25 11 ) Arms dealer, handling those known as concealed weapons, alone or in conjunction with any other business (as defined in Chapter 790, Florida Statutes) 59-:-89 60.78 2006-R-04 19 12) Auctioneer 4B:-5Z 42.55 13) Auction shops ~ 14) Automotive: a) Sales 1. New Cars 144.70 151. 94 2. U sed Cars a. 1 - 1 0 cars Z8:94 30.39 b. 11-50cars 4B:-5Z 42.55 c. 51 - 100 cars ~ 60.78 d. 101 and over 98:4B 103.32 b) Minor repair service (State registration required) fH-:B4 85.09 c) Motor vehicle repair shop fH-:B4 85.09 d) Motor vehicle repair 4B:-5Z 42.55 e) Pumps (gas, kerosene, diesel): 1. 1-4 pumps Z8:94 30.39 2. Each additional pump 5-39 6.08 f) Auto machine shop 46:3+ 48.63 15) Auto salvage 115.7G 121.55 16) Aviation service 46:3+ 48.63 17) Ball, concerts, parades, carnivals, circus, exhibitions (fees set by Council) (special activities) 18) Barbershop and cosmetology(retail sales must have separate licenses), state license required a) One owner operator 46:3+ 48.63 b) Each additional operator Z8:94 30.39 c) Shoe shine stand n/c d) Manicurist & nail sculpture, pedicurist Z8:94 30.39 e) Tanning salons Z8:94 30.39 f) Other Z8:94 30.39 19) Bicycles for rent (not in connection with other business) Z8:94 30.39 20) Billiards, pool, electronic games, etc.: a) 1 to 10 machines Z8:94 30.39 b) 11 to 25 machines 46:3+ 48.63 c) Each additional machine ~ 12.16 21) Boats, ferry and sightseeing, used wholly or in part as ferry sightseeing boats, each boat with passenger capacity as follows: a) Not to exceed 10 persons 4B:-5Z 42.55 b) More than 10 not to exceed 50 persons ~ 60.78 c) More than 50 persons ~ 91.16 (Does not permit dining room without restaurant license) 2006-R-04 20 22) Boats for hire: a) Canoes, rowboats, motor boards, inboard or outboard: 1. 1 to 10 boats 2. 11 to 25 boats 3. Each additional boat b) Fishing, cruising and/or charter: 1. One boat 2. Each additional boat 23) Bottling works, bottling or distilling water or soft drinks 24) Bowling lanes, skee ball, etc.: a) 1 to 16 lanes b) Each additional lane (Restaurant needs additional license ) 25) Broadcasting stations: a) Cable b) Radio c) Television 26) Cabinet Shop (manufacturer and installation) (not to exceed 3 employees);(Over 3 employees, see Manufacturer);(Installer must have insurance) 27) Car wash: a) 1 to 4 bays b) 5 to 7 bays c) Each additional bay d) Car detailing and window tinting (cleaning and polishing) 28) Carpet and rug cleaning 29) Cemetery lots (operated for profit) 30) Citrus fruit shippers, place where orders for fruit are taken and filled or shipped (excluding packing houses) 31) Cleaning, pressing and dyeing (boiler inspection certificate must be presented) a) Cleaning and pressing pick up station b) Self-service: 1. 1 to 10 machines 2. 11 to 25 machines 3. 26 to 50 machines 4. Each additional machine 32) Coin-operated machine or devices: a) Distributors 2006-R-04 21 Z&:-94 30.39 ~ 60.78 t-l-:5H 12.16 4B:-5Z 42.55 Z&94 30.39 ~ 60.78 ~ 60.78 5-39 6.08 144.70 144.70 144.70 151.94 151. 94 151. 94 ~ 60.78 34-:-B 36.47 69:-46 72.93 t-l-:5H 12.16 4B:-5Z 42.55 4B:-5Z 42.55 ~ 91.16 Z&94 30.39 4B:-5Z 42.55 Z&:-94 30.39 4B:-5Z 42.55 ~ 60.78 5-39 6.08 ~ 60.78 b) Each machine, see billiards, item (20) for amounts 33) Communication sites: a) Commercial b) Cellular c) Other 34) Computer software service (designing programs) 35) Concrete mixing plants: a) 1 to 5 trucks b) Each additional truck 36) Contractors (general or subcontractors; bonds required): a) General, state license required b) Residential, state license required c) Builder, state license required d) Electrical, state license required: 1. Master 2. Journeyman e) Plumbing, state license required: 1. Master 2. Journeyman f) Mechanical, state license required: 1. Master 2. Journeyman g) Pool, state license required h) Subcontractors 1. Alarm systems 2. Aluminum installers 3. Asphalt maintenance 4. Awning (all types and/or storm shutters) 5. Cabinetry 6. Carpentry 7. Concrete, stone, brick 8. Dredging 9. Electrical 10. Elevators/escalators installation and maintenance 11. Fence installation 12. Fire sprinkler system 13. Floor sanding and finishing 14. Foundation or general excavating 15. Garage doors 16. Gas pipe installation 17. Glass and glazing 2006-R-04 22 144.70 151. 94 144.70 151. 94 144.70 151. 94 5T:-89 60.78 17J.65 182.33 Z&94 30.39 8+:B4 85.09 8+:B4 85.09 8+:B4 85.09 57:-89 60.78 Z&94 30.39 57:-89 60.78 Z&94 30.39 5T:-89 60.78 Z&94 30.39 5T:-89 60.78 4&:52 42.55 18. Heating, air conditioning or ventilation 19. Home maintenance and repair 20. House moving and demolition 21. Installation of prefabricated items, such as antenna, signs, etc. 22. Insulation 23. Irrigation 24. Land clearing 25. Landscape 26. Lawn (sprinkl er installers) 27. Masonry 28. Mobile home set-up 29. Painters and paperhangers 30. Parking lot striping 31. Paving and grading 32. Pier/docks/seawalls 33. Plasterers, drywall, hardcoat, stucco, lather 34. Plumbers 35. Pressure cleaning 36. Roofing and/or sheet metal and tinsmith 37. Sandblasting 38. Satellite 39. Steel, prefab 40. Structural steel 41. Swimming pool a. Installation b. Service 42. TV cable wiring 43. Tile, terrazzo, marble and granite 44. Tree surgery 45. Trucking and bulldozing 46. Well drillers 47. Windows and steel sash 48. Other 37) Delivery services: 1. One vehicle z.&94 30.39 2. Each additional vehicle tt:-5-8 12.16 38) Distributors and home party sales (Avon, Tupperware, Fullerbrush, Amway, etc.) z.&94 30.39 39) Entertainment (Bands, orchestras, etc.) z.&94 30.39 40) Exterminators, spray service, state license required: a) One vehicle StrltZ 91.16 b) Each additional truck tt:-5-8 12.16 2006-R-04 23 41) Financial: a) Banks and trust companies 150.50 158.03 b) Building and loan associations 150.50 158.03 c) Finance and discount companies, liquidating accounts, whether purchased or not 150.50 158.03 d) Money lenders, except banks or bankers whose business consists of or including taking, buying or selling assignments of wages or commissions earned or to be earned, etc. 150.50 158.03 e) Personal finance companies 150.50 158.03 42) Fortune tellers, mind readers, gypsies and other nomadic people (see Sections 11-21 through 11-25) ~ 91.16 each 43) Funeral chapel ~ 91.16 44) Funeral homes, including embalmer or undertaker and ambulance, state license required 115.7G 121.55 45) Furniture packers, moving and/or storage: a) 1 - 2 trucks ~ 91.16 b) Each additional truck Z8-:-94 30.39 46) Gas companies, state license required: a) Distributing through pipe lines, natural gas (includes one truck);(franchised or other method devised by City Council) 115.7G 121.55 b) Bottle gas, wholesale merchant license required 57:-89 60.78 c) Bottle gas, retail merchant license required 57:-89 60.78 47) Gas contractors, installing container, piping (includes one vehicle), state license required a) Not connected with other business ~ 91.16 b) When connected with other business 57:-89 60.78 48) Gasoline, fuel oil, and other petroleum products, resident or nonresident (includes one vehicle): a) Wholesale 144.70 151. 94 49) General repairs, permitting to carry stocks or parts necessary to be used in making repairs in shop hereby licensed, however, if any portion of such stock is sold in any manner, a merchant's license is required. Machine shop and welding (not working on automotive) 4B:5Z 42.55 Employing including owner and operator 2006-R-04 24 51) 52) 53) 54) 55) 56) 2006-R-04 Driving ranges or practice courses Course 1. 9 holes 2. 18 holes c) Miniature golf Hazardous materials Health fitness centers Hospitals, sanitariums, nursing homes, and congregate living, operated for profit, state license required: a) 1 - 5 beds b) 6 - 12 beds c) 13 - 20 beds d) Each additional bed License must be taken out for all beds whether used or unused Housecleaning and janitorial services (including window cleaning domestic help excepted) Insurance adjustor company: a) Company with one adjustor b) Each additional adjustor Insurance companies (see also Section 11-20, City Code) for the purpose of taxation, insurance companies are classified and defined as follows: a) Casualty and liability insurance, only on annual, semi-annual, or quarterly premium basis and: 1. Bonds, including fidelity, court contracts and surety bonds and financial guarantees. Burglary insurance, including residences, bank stock, bonds and securities, safe burglary and holdup and messenger robbery. Liability insurance, including employers, public and automobile liability for personal injury, property damage and a) b) c) 50) d) Golf: a) b) Not to exceed 3 employees (assemblage) Not exceeding 8 employees More than 8 employees, not exceeding 20 employees More than 20 employees 2. 3. 25 46:-52- 42.55 ~ 60.78 144.70 151.94 219.95 230.95 ~ 60.78 86:8Z 91.16 144.70 151.94 46:-52- 42.55 z.&94 30.39 ~ 60.78 46:-52- 8-t:B4 115.7G 5-:T9 42.55 85.09 121.55 6.08 --4&-5Z 42.55 86:8Z z.&94 91.16 30.39 collision. Plate glass insurance. Workman's compensation insurance issued to employers or labor. Accident and health insurance only on annual, semi-annual, or quarterly premium basis. Fire insurance companies, writing policies of insurance against hazards of fire, tornado and windstorms, use and occupancy, profits, rent, leasehold insurance, insurrections, riot and civil commotion, sprinkler, leakage, rain, fire, theft, automobile collisions; and marine cargoes and bills; and rail, mail express shipments; against fire, collisions, stranding, sinking. Industrial insurance companies, (including funeral benefits associations or companies) writing life and or accident and health, insurance and funeral benefits on a weekly, bi-monthly or monthly premium paying basis. Insurance agency, any person who represents or otherwise acts as agent for an insurance company as defined and or classified in this subsection or classification of insurance companies, or which operates or maintains an office or place of business in the city shall be deemed to constitute and operate an insurance agency. Fees to be paid by the company, includes representation by each agent. 1. 2. 3. Casualty and liability companies Fire insurance companies Industrial insurance and funeral benefits association or company 4. Life insurance company 5. Each additional agent Laboratories, scientific and industrial investigation, ifnot connected with licensee's manufacturing enterprises Lawn service and care: b) c) d) 57) 58) 2006-R-04 4. 5. 6. 4B:-5Z 42.55 4B:-5Z 42.55 4B:-5Z 42.55 4B:-5Z 42.55 z.&94 30.39 144.70 151.94 26 a) Gardener and/or lawn care Z8:94 30.39 59) Manufacturers. The following businesses are classified as manufacturers and each person engaged in the operation of such business in the manner described are required to cover this operation by taking out a manufacturer's license as follows: Factory, permitted to manufacture and sell the products manufactured, employees include owner and operators actively engaged in such business. a) Not to exceed 3 employees (assemblage) 4B:-5Z 42.55 b) Not exceeding 8 employees ~ 60.78 c) More than 8 employees, not exceeding 20 employees 144.70 151.94 d) More than 20 employees 219.95 230.95 60) Meat, fish and poultry products, packinghouses or storage 86:-8Z 91.16 61) Merchandise mart (flea market) owner operator: a) Up to 4 spaces 86:-8Z 91.16 b) 5 - 10 spaces 115.7G 121.55 c) 11 - 20 spaces 17J.G5 182.33 d) Each additional H-:-5-8 12.16 62) Merchants - Retail, provided license shall permit but one location when average stock of goods carried is as follows: a) Stock up to $1,000.00 2-&:94 30.39 b) Stock from $1,001.00 to $5,000.00 4B:-5Z 42.55 c) Stock from $5,001.00 to $10,000.00 ~ 60.78 d) Stock from $10,001.00 to $30,000.00 86:-8Z 91.16 e) Stock from $30,001.00 to $50,000.00 IJ7.81 144.70 f) Stock from $50,001.00 to $100,000.00 17J.G5 182.33 g) Stock from $100,001.00 and over 202.59 212.72 63) Merchants - Jobbing wholesaling, provided license shall permit but one location when average stock of goods carried is as follows: a) Stock up to $1,000.00 4B:-5Z 42.55 b) Stock from $1,001.00 to $10,000.00 ~ 60.78 c) Stock from $10,001.00 to $30,000.00 86:-8Z 91.16 d) Stock from $30,001.00 to $75,000.00 115.7G 121.55 e) Stock from $75,001.00 and over 15G.28 164.09 64) Museums, historical, for profit (permission and fees set by Council) 2006-R-04 27 65) Newspaper publisher 86:-HZ 91.16 66) Parking lots, for profit: a) 1 to 10 cars Z8-:94 30.39 b) 11 to 60 cars 86:-HZ 91.16 c) 61 to 100 cars 115.7G 121.55 d) 101 cars and over 144.70 151. 94 67) Pawnbrokers, not transferable 173.65 182.33 Each pawnbroker or money broker shall keep a complete and true record of all transactions showing from whom the article was taken or purchased and to whom sold, which shall at all times be subject to inspection by the police department to the city, one copy of daily records being delivered to the police department. Violations of this subsection shall be punished by fine or imprisonment. (See Section 11-27 and 11-28, City Code.) 68) Printing business 5T:-89 60.78 69) Private and social clubs 5T:-89 60.78 70) Private schools (religious, institutions exempt) Z8-:94 30.39 a) Art color studio b) Automobile and truck driving c) Business d) Cosmetology e) Dancing t) Dramatic g) Flying instructions h) Kindergarten, nursery, or day care (state license required) i) Martial arts j) Model or charm k) Music (piano, voice, instruments) 1) Riding school or academy m) Trade n) Other 71) Professional ~ 91.16 The following professional practitioners are classed as professional and each person engaged in the practice of any such profession is required to cover this practice by taking out a professional license as follows: (Other county and state license compliance required if applicable) a) Accountants, bookkeepers 2006-R-04 28 b) Artists c) Acupuncturists, state license required d) Architects e) Astronomers f) Attorneys, state license required g) Auditors, state license required h) Chemists, state license required i) Clinic labs, state license required j) Computer consultant k) Drafting 1) Dentistry, state license required m) Embalmers, state license required n) Engineers, state license required 0) Engravers, embossing, lithographs p) Homeopathic or drugless physicians q) Income tax, tax consultant r) Interior decorators, designers s) Masseur, state license required t) Medical doctors, state license required u) Naprapaths, state license required v) Opticians, state license required w) Optometrists x) Osteopathic physicians, state license required y) Pharmacists (exempt F.S. 205.196), state license required z) Physicians, state license required aa) Photographers bb) Pilot cc) Podiatrists, state license required dd) Private instructors ee) Secretary ff) Security (must register with police department) gg) Therapists hh) Tree surgeons ii) Veterinarian, state license required jj) Taxidermist, state license required kk) Bondsman (state license required): 1. Each agency 2. Each agent 11) All other professions 72) Real estate or rental agency, state license required: a) With one person designated as broker b) Each additional salesperson (No license issued until state registration 2006-R-04 29 ~ 91.16 z.&:-94 30.39 ~ 91.16 4B:-5Z 42.55 z.&:-94 30.39 certificate is presented.) 73) Recording studios 59:H9 60.78 74) Refuge hauling and recycling, for profit, (by authority of the City Council fees also determined by Council) 75) Rent all (equipment & video) 59:H9 60.78 76) Restaurant, cafe and other public eating places, where food is served in connection with or separate from other business according to seating capacity: a) o to 50 seats also carry out 59:H9 60.78 b) 51 to 100 seats S6-:8Z 91.16 c) 101 seats and over 9&:-4e 103.32 d) Caterer service 4&:5Z 42.55 Health permit certificate required. 77) Rinks S6-:8Z 91.16 78) Saw mills S6-:8Z 91.16 79) Service: a) Mail order 4&:5Z 42.55 b) Parcel packing 4&:5Z 42.55 c) Telephone answering services 4&:5Z 42.55 d) Telemarketing 4&:5Z 42.55 e) Housesitting Z&:94 30.39 f) Chimney sweeper Z&:94 30.39 g) Other 4&:5Z 42.55 80) Shooting galleries 59:H9 60.78 Must be arranged and located as to be entirely safe and not a nuisance to adjoining property and approved by the City Council and the Police Department. 81 ) Shows, carnivals, parades, concerts (fees set by Council) 82) Solicitors: a) For magazines or periodicals (see Section 11-26, City Code );( each solicitor required to register with the Police Department and receive a registration and identification card signed by the Police Chief) Z&:94 30.39 b) Going from house to house soliciting business, (each solicitor required to register with the Police Department and receive a registration and identification card signed by the Police Chief) Z&:94 30.39 2006-R-04 30 c) Canvassers (see Section 11-26, Edgewater Code, must get permit from City) 83) Storage warehousing a) Boat houses or boat yards (keeping or storing) b) Garage and storage and parking for all types of vehicles 84) Swimming pools (public) 85) Telegram companies 86) Telephone companies 87) Theaters: a) Up to 500 seats b) 50 I to 1,000 seats c) Over 1,001 seats d) Drive-ins (If merchandise is sold, merchants license is required) 88) Trailers or mobile homes parks or camps: a) 1 to 9 trailer spaces b) 10 to 20 trailer spaces c) 21 or more trailer spaces Sales 89) Transportation: a) Chauffeurs, taxis, limousines or motor vehicles for hire (must get permit from Police Department.): 1. 1 to 5 vehicles 2. 6 to 10 vehicles 3. Each additional vehicle b) Wrecker service: 1. One vehicle 2. Each additional vehicle 90) Trucking companies (Freight): a) Each truck 91) Unclassified 92) Utilities 93) Vendors, concession mobile, health permit required Z8:94 30.39 86:8Z 91.16 Z8:94 30.39 4&:-5Z 42.55 4&:-5Z 42.55 57-:1l9 60.78 57-:1l9 60.78 69:4-6 72.93 86:8Z 91.16 115.7G 121.55 86:8Z 91.16 4&:-5Z 57-:1l9 86:8Z 144.70 42.55 60.78 91.16 151. 94 57-:1l9 60.78 86:8Z 91.16 5-39 6.08 4&:-5Z 42.55 5-39 6.08 Z8:94 30.39 5T:-89 60.78 144.70 151. 94 4&:-5Z 42.55 Section 11-20. Excise tax on insurance companies - Casualty risk insurance. 11-20(a) Excise tax amounting to .85 percent of the gross amount of receipts of premiums from policyholders on all premiums collected on casualty insurance policies. Section 11-20.1. Same - Property insurance. 2006-R-04 31 11-20.1.(a) An excise or license tax in addition to any tax or excise tax levied by the City, which shall be in the amount of one and eighty-five hundredths (1.85) percent of the gross amount of receipts of premiums from policy holders on all premiums collected on property insurance policies. ARTICLE IV. Section 11-65. Peddlers, Solicitors, Canvassers Same - Fee. Peddlers, solicitors, canvassers registration fee: $25.00 $35.00 CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS) ARTICLE III. Section 12-62. FALSE ALARMS Alarm Permit Required $2-5:00 50.00 Section 12-66. False Alarms - Service Charges Police Department - 1 sl False Alarm - (in excess of 3 in any 6 month period) 2nd False Alarm - (in excess of 3 in any 6 month period) 3rd False Alarm - (for the 3rd & each successive false alarm in excess of 3 in any 6 month period) Fire/Rescue Services 1 sl False Alarm - (in excess of 3 in any 6 month period) 2nd False Alarm - (in excess of 3 in any 6 month period) 3rd False Alarm - (for the 3rd & each successive false alarm in excess of 3 in any 6 month period) $50.00 $75.00 $100.00 $125.00 $150.00 $200.00 CHAPTER 19 (UTILITIES AND SERVICES) SCHEDULE OF COSTS/FEES Section 19-2. Deposits: Residential service: Water service only.......................................................... $ 75.00 Sewer service only.......................................................... $ 75.00 Water and sewer service................................................. $150.00 Non-residential service...................... Three times average monthly water, sewer and reclaimed service charge. Service charge (to establish account)..........................................$ 25.00 Restoration from termination of service: 2006-R-04 32 during normal working hours after hours (during work week) weekends/ho lidays $ 50.00 $ 75.00 $100.00 Section 19-12 & 19-34. Water and Sewer Reserved capacity, not connected within twelve (12) months of readiness to serve: Water Sewer $ 8-:-t8 8.4 3 9.77 10.06 $ H-:95 18.49/month Assessment District when water is deemed to be available: $ 8-:-t8 8.43 in City ~ 10.54 out of City Charges outside the City shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. Section 19-14. Water Rates: Residential up to 2,000 gal. 2,000 to 6,000 gal. 6,000 to 12,000 gal. 12,000 and higher $ 8-:-t8 8.43 base rate -l-:Z-S 1.32/1 ,000gal. up to 2,000 gal. 3-:-:3-H 3.48/1 ,000gal. 2,000 to 6,000 gal. 3:99 4.11/1 ,000gal. 6,000 to 12,000 gal. 5:tZ 5.27/1,000gal. 12,000 and higher Non-Residential $ 8-:-t8 8.43 base rate -l-:Z-S 1.32/1 ,000gal. 3-:-:3-H 3.48/1 ,000gal. 3:99 4.11/1 ,000gal. 5:tZ 5.27/1,000gal. Charges outside the City shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. Section 19-34 & 19-36. Sewer Fees: Sewer Connection Charge: Sewer Rates: $153.45 158.05 $ 9-;9-=f 10.06 base rate 3-:25 3.35/1,000gallon Charges outside the City shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. County and City Interlocal Water and Wastewater Agreement 2006-R-04 33 Pursuant to an Interlocal Water and Wastewater Agreement executed on September 2, 1992, the City provides wholesale water service to the County with the County providing wholesale wastewater service to the City. Rates to be charged are as follows: Water Rate Reserved Water Capacity (development fees) $2:S9 3.03/1 ,000gallon 5:iffi 6.06/1 ,000gallon The above-listed rates shall increase annually by five percent (5%). Extraordinary service calls: Meter bench test - there shall be a fifty dollar ($50.00) service charge for a customer request of a meter test for accuracy. If the meter is found to be inaccurate, this charge will be voided. Extraordinary service calls outside of regular maintenance, shall require a twenty-five dollar ($25.00) charge; for example, locating the meter when covered during sodding or filling on the property. Actual replacement costs shall be charged for meter damage caused by building or construction on the property or other causes. The required commercial backflow device testing shall be conducted by the City at required intervals for a fee of fifty dollars ($50.00) per inspection. Section 19-60. (Solid Waste) Service charges and rates A. Residential Services: all residential services include single family and multi-family residence; multiple dwelling; trailer park and mobile home park and shall be charged the following: January 2005 January 2006 January 2007 January 2008 2006-R-04 $16.25 per month for collection and disposal 1.70 per month for recycling ~ per month for equipment reserve fund $18.80 per month $17.00 per month for collection and disposal 1.80 per month for recycling -:.2.Q per month for equipment reserve fund $19.70 per month $17.75 per month for collection and disposal 1.90 per month for recycling ~ per month for equipment reserve fund $20.60 per month $18.50 per month for collection and disposal 34 2.00 per month for recycling -L.QQ per month for equipment reserve fund $21.50 per month In addition to the fees listed above, each location that has more than three (3) cans for pickup shall be charged an additional $1.45 per can. B. Non-Residential Services: non-residential services include all types of business, commercial and professional establishments and shall be charged the following: January 2005 January 2006 January 2007 January 2008 $18.25 per month for collection and disposal 1.70 per month for recycling ~ per month for equipment reserve fund $20.80 per month $19.00 per month for collection and disposal 1.80 per month for recycling ~ per month for equipment reserve fund $21.70 per month $19.75 per month for collection and disposal 1.90 per month for recycling ~ per month for equipment reserve fund $22.60 per month $20.50 per month for collection and disposal 2.00 per month for recycling -L.QQ per month for equipment reserve fund $23.50 per month In addition to the fees listed above, each location that has more than three (3) cans for pickup shall be charged an additional $1.45 per can. C. Special Pickups: Special pickups of non-bundled yard trash will be assessed a $40.00 minimum charge for up to four (4) cubic yards. Each additional cubic yard will be charged $10.50. Section 19-82/19-83. Stormwater management utility fee/Schedule: Charges per EDD will be six dollars ($6.00) per month and will consist of a base fee of $2.92 per EDD applicable to all developed properties, plus a contribution fee of$3.08 per EDD applicable to all developed property. All non-residential property with site mitigation facilities will not pay the contribution fee. 2006-R-04 35 Section 19-97. Water Conservation Violation - Civil Penalty If there is a disconnection of reclaimed water service due to water conservation restrictions and/or violations, each customer will be assessed a twenty-five dollar ($25.00) re-connection fee for servIces. CIVIL PENAL TIES rtusuant to Sections J 7J.61 J , folorida Statutes, and Section 19-88 of the Code ofOrdinanees, City ofLdgewater, thc City Council hercby cstablishcs thc following schedule of ci viI penalties for violations of Chapter 19, relating to misusc of potable, wcll or reclaimcd water by any pelson who docs not contc-st a citation and is not mandated to appear in court. 1) 2) J) pt offcnsc: 2nd off'Cnsc: Jm offcnsc: Warning Noticc. $100.00 finc. $150.00 fiRC with disconncction of rcclaimed v;atcr sel viecs which rcquires a $25.00 Ie-connection fee, fOl a total of $175.00. $475.00 fine "'lith discoRncction of rcclaimed ';latcr sel vices which lcquilCS a $25.00 lc-conncetion fcc, fol a total of $500.00. $500 fine per violation. 4) 4th offcRsc: 5) Section 19-130. Reclaimed Monthly Residential Customer Charge: Base Rate (no consumption) o - 10,000 gallons 10,001 - 12,000 gallons over 12,000 gallons $ 3.00 .80/1 ,000 gallons 1.25/1 ,000 gallons 3.30/1 ,000 gallons Delinquency fee: A delinquency charge relating to the amount due for water, sewer, reclaimed, refuse and stormwater often percent (10%) shall be charged ifthe customer has not paid the outstanding amount due within twenty (20) days of the billing date of said charges; a delinquency charge of twelve percent (12%) shall be charged if the customer has not paid the outstanding amount due within forty (40) days of the billing date of said charges; and a delinquency charge of fifteen percent (15%) shall be charged if the customer has not paid the outstanding amount due within sixty (60) days of the billing date of said charges. Annual ReviewlIncrease: There will be an annual review of all fees/rates listed herein (water rates, sewer fees and reclaimed 2006-R-04 36 water charges) with the increase to be based on the CPI (All Urban Uses as of July) or by three percent (3%), whichever is less. CHAPTER 21 (LAND DEVELOPMENT CODE) ARTICLE III. Section 21-34.05 b. Permitted, Conditional, Accessory, and Prohibited Uses Vehicles - Restoration & Permits - For Residential Properties Application fee: $50.00 Restoration permit: $15.00 $25.00 annual renewal Application Procedures Application Fee Schedule c. ARTICLE IX. Section 21-90.03 DEVELOPMENT FEES PLANNING & ENGINEERING, APPROVALS & PERMITS APPLICATION FEES: Abandonment/Plat Vacation (Easement) Abandonment/Plat Vacation (Right-of-way) Address ost - ten addresses) Address (11 th - 20th addresses) Address (21st - 50th addresses) Address (each additional address after 50) Annexation (residential 4 lots or less) Annexation (all others) Appeals Comprehensive Plan Amendment $ 500.00 $ 500.00 2.000.00 $ 25.00 per address - new $ 15.00 per address - new $ 10.00 per address - new $ 5.00 each - new $ 500.00 $1.000.00 $ 150.00 500.00 Large Scale $3,000.00 Small Scale $2,500.00 $450.00 4.000.00 3.500.00 1.000.00 $2.500.00 $15.000.00 $300.00 $300.00 plus fees for any approvals bundled with agreement $200.00 $200.00 300.00 includes two inspections $25.00 re-inspection Preliminary Record Plat and Construction Plan Approval Final Plat $1,500.00 Re-Plat $ 500.00 Preliminary Plat $ 500.00 Site Plan Approval (minor-staff review only) $1,000.00 Conditional Use Permit De-annexation Development of Regional Impact (DID) - Application DID - Determination of Substantial Deviation Zoning Agreements Mining Permits Minor Replats/Lot Splits 3.000.00 2.000.00 1.500.00 2006-R-04 37 $2,000.00 $ 200.00 300.00 per day $25.00 per acre or $250.00 whichever is greater $25.00* * (other than approved subdivisions) Street Name Change $175.00 Telecommunication Towers $500.00 Text Amendment to Land Development Code $6,000.00 Variance (administrative) $ 100.00 Variance (1 & 2 family residence, non-habitable structure) $ 150.00 Variance (all others) $1 ,000.00 Wetland Alteration Permit $ 100.00 Zoning Agreement Amendment $ 300.00 ZoninglLand Use Designation Letter $ 50.00 Zoning Alcoholic Beverage Signor! $ 50.00 Zoning Map Amendment Planned Unit Development (PUD) Other Site Plan Approval (maior-P&Z/Council review) Special Activity Stormwater Permits Stormwater - Residential 1,000.00 $500.00 $5,000.00 $2,500.00 8,500.00 6,500.00 *Engineering Fees shall be paid by the applicant * All Recording Fees shall be paid by the applicant * Any additional charges required by the City relating to administration, building or permitting shall be born by the applicant. These fees may include, but are not limited to: engineering, recording, legal and surveying. DEVELOPMENT FEES CONSTRUCTION PERMITS BUILDING PERMIT FEES Building valuations shall be as per the latest issued building valuation data and applicable Florida Modifier contained in the Magazine "Southern Building" as published by the Southern Building Code Congress International, Inc. TOTAL VALUATION FEE $1,000 and less $2-6:00 30.00 MINIMUM $1,000 to $40,000 $2-6:00 30.00 for the first $1,000.00, $5:00 6.00 for each additional thousand or fraction thereof, to and including $40,000.00. 2006-R-04 38 $40,000 to $100,000 $215.00264.00 for the first $40,000.01 plus $4:00 5.00 for each additional thousand or fraction thereof, to and including $1 00,000.00. $100,000.01 to $500,000 $451.00 564.00 for the first $100,000.01 plus $3-:00 4.00 for each additional thousand or fraction thereof, to and including $500,000.00. $500,000.01 and up $1,948.002.164.00 for the first $500,000.01 plus $Z:-OO 3.00 for each additional thousand or fraction thereof. DEMOLITION FEES For the demolition of any building or structures, the fee shall be: o up to 100,000 eu ft $50.00 100,000 eu ft and Ovel $0.50/1,000 eu ft $0.15 per square foot of building under roof/footprint DRIVEWAY PERMITS $2-5:00 50.00 includes one inspection $25.00 re-inspection ELECTRICAL FEES Before a permit is issued for any electrical work or installation for which a permit is required, fees in accordance with the table below shall be paid. No permit shall be issued for less than twenty dollars ($20.00). Base $ ze:oo 30.00 250 Amp $ 9-5:00 80.00 100 Amp $ 45:00 50.00 300 Amp $ ge:OO 95.00 125 Amp $ 55:00 60.00 400 Amp $120.00 125.00 150 Amp $ 65-:00 70.00 Temporary Pole $ ze:oo 30.00 200 Amp $ 7B:OO 75.00 Swimming Pools $ ze:oo 30.00 Signs $ -w:oo 30.00 EXCA VA TIONILANDFILL Placement or removal of 40 cubic yards or less Placement or removal over 40 cubic yards $ 50.00 $100.00 FIRE PROTECTION FEES Pre-engineered hood system/other pre-engineered Fire sprinkler system Base Standpipe $ 50,00 $ 20,00 $ 10.00 each 2006-R-04 39 Head Fire alarm system Base Pull station Detection device 1.00 each $ 20.00 $ 5.00 each $ 5.00 each GAS PERMIT FEES Base Per outlet charge $ z.&:OO $ +00 35.00 5.00 MANUFACTUREDIMOBILE HOME PLACEMENT Base Electrical Plumbing Mechanical $100.00 $ z.&:OO $ z.&:OO $ z.&:OO 250.00 30.00 30.00 30.00 Double Wide Triple Wide $100.00 $150.00 275.00 300.00 MECHANICAL PERMIT FEES Before a permit is issued for any mechanical work or installation for which a permit is required, a fee or fees, in accordance with the table below, shall be paid. No permit shall be issued for less than tt'\lGnry thirty dollars ($z.&:OO 30.00). Base up to $1,000.00 Each additional $1,000 or fraction thereof $z.&:OO $ -5:00 30.00 7.00 MOVING FEES For the moving of any building or structure, the fee shall be $100.00. is as follows: Building 1.000 square feet or less $200.00 Building over 1.000 square feet $400.00 OTHER USE PERMIT - Working in Public Right-of-Way $50.00 PLUMBING PERMIT FEES Before a permit is issued for any plumbing, sewer, or drainage work or installation for which a permit is required, a fee or fees, in accordance with the table below, shall be paid. No permit shall be issued for less than tt'\lGnty thirty dollars ($z.&:OO 30.00). Fee for permit Per fixture charge Fire sprinkler system connected to City water supply Fire stand pipe lines, Siamese, roof manifold lines Each outlet, sprinkler head $z.&:OO 3:00 30.00 5.00 5:00 7.00 t:OO 1.00 2.00 2006-R-04 40 Sprinkler or irrigation system $Z&:OO 25.00 SIGN PERMIT FEES Each application for a sign permit for a sign containing no electrical wiring or lighting shall be accompanied by a fee in the amount often twenty dollars ($t-e:OO 20.00) for the first five (5) square feet, or fraction thereof, of the advertising display area of the sign and one two dollar~ ($1-:00 2.00) for each additional square foot, or fraction thereof, of such area. For a sign containing electrical wiring or lighting, there shall be an additional fee as required by the Edgewater Electrical Code. STORMWATER CONSTRUCTION PERMIT $50.00 per unit for residential $250.00 or $50.00 per acre for commercial proiects (whichever is greater) $25.00 re-inspection fee SW ALE MODI FICA TION/EXFIL TRA TION SYSTEM $50.00 (includes one inspection) $25.00 re-inspection fee SWIMMING POOL FEES Residential Pools: Pools without enclosure Pools with enclosure $ -=t5:-OO $100.00 100.00 150.00 Commercial Pools: Pools without enclosure Pools with enclosure $150.00 $200.00 200.00 250.00 Above Ground Pools: $ Z&:OO 30.00 TEMPORARY PERMIT FOR ST AGEIPLA TFORM/BLEACHER/ETC. $50.00 TENT $50.00 TREE REMOVAL PERMITS: SPECIMEN $25.00 per aGIG or [taction thGleo[ 1 & 2 family lots $75.00 per multi-family & non-residential HISTORIC $5.00/square inch PENAL TIES Any person who commences any work on a building structure, sign, electrical, gas, mechanical or plumbing system before obtaining the necessary permits, shall be subject to a penalty of200% of the usual permit fee in addition to the required permit fees. 2006-R-04 41 REINSPECTION At any time building inspection personnel are obligated to reinspect any building or premises, mobile home lot or mobile home within the City to ascertain compliance with the codes as adopted by the City regarding building, electrical, plumbing, mechanical, gas and other, a reinspection fee of twenty-five dollars ($z.&:BB 25.00) shall be levied for said reinspection and increases of twenty-five dollars ($26:00 25.00) shall be added for each additional reinspection. PLANS-CHECKING FEE When the valuation of the proposed construction exceeds $1,000.00 and a plan is required to be submitted by Section 104 of the Florida Building Code, a plan-checking fee shall be paid at the time of submitting plans and specifications for checking. Said plan-checking fee shall be equal to one- half of the building permit fee as set forth above. Such plan-checking fee is in addition to the building permit fee. When plan and associated documents require additional plan checking by Fire-Rescue personneL the following fees shall be assessed: Fire flow calculation Building Construction Fire alarm system Fire sprinkler system Fuel tank installation Underground fuel tank All others $25.00 $0.35 per $1.000 of valuation, max. $92.00 $4.00 per $1.000 of valuation, max $92.00 $4.00 per $1.000 of valuation, max $92.00 $4.00 per $1.000 of valuation, max $118.00 $4.00 per $1.000 of valuation, max $116.00 $35.00 base plus $4.00 per $1.000 of value *Engineering Fees shall be paid by the applicant * All Recording Fees shall be paid by the applicant * Any additional charges required by the City relating to administration, building or permitting shall be born by the applicant. These fees may include, but are not limited to: engineering, recording, legal and surveying. Plans Review for Buildings: New Construction, and Renovation; Fees A fee for plan review shall be charged to recover a portion of the costs of this service. This fee shall be calculated by building use, as found in the Occupancy Classifications in the Standard Building Code, and shall be calculated on the basis of square footage. This fee shall be paid at the Edgewater City Hall at the time of submission of the planes). The fees shall be as follows: 1) 2) 3) 4) 5) Assembly Business Educational Factory/Industrial Hazardous $0.0025/sq.ft. $O.OOllsq.ft. $0.0025/sq.ft. $0.005/sq.ft. $0.0075/sq.ft. 2006-R-04 42 6) 7) 8) 9) 10) Institutional Mercantile Residential Storage Mixed $0.0025/sq.ft. $O.OOllsq.ft. $0.0025/sq.ft. $0.002/sq.ft. This section with the highest level of life safety risk shall determine the rate for the entire building $15.00 11 ) Fire Flow calculations Exception: Reviews of an automatic fire suppression systems plans protecting an entire building( s) and its contents, and installed in accordance with the requirements of the appropriate N.F.P.A. Standard, shall be exempt from plans review fees charged in the previous sections. Specialty Plan Review Fees A fee for planes) review of unusual or atypical projects shall be charged to recover a portion of the costs of this service. Examples of these types or structures or projects would include, but not be limited to: fuel tank farms, outdoor materials storage, etc. The fees will be calculated as follows: 1. $0.0025 per square foot of improved area ARTICLE X. Section 21-121.05 Code Compliance Process Classification of Violations and a Scheduled of Civil Fines, Penalties and/or Costs All fines. penalties and/or costs as authorized pursuant to this Section are established in Table I of Section 1-8 (General Penalty) in the Code of Ordinances and pursuant to this resolution. CITY OF EDGE""I A TER CODE COMPLIANCE PROCESS CLASSIFICA TION OF VIOLATIONS AND CIVIL FINES, SCHEDULE OF CIVIL FINES, PENAL TIES ANDfOR COSTS rmsuant to Scc,tion 21-121.05 (Classifkation of Violations and a Sc'heduk ofCi viI Pines, PGJ1altie5 ~~~~~ ~O~t5? of Al tiel" X (Code COlllplianee PlO(,ess), Chaptc'l 21 (Land Development Code), the following is heleby established. Classificatiou of Violations aud Cil-i1 Fines The fullo~illg ela.ssifkatiolls of v iolatiolls and c'Ollc'spondillg d v il finc,s shall be as fullo~s. Classificatioll Class I Class II Fir st Offense $ 53.00 $ 108.00 75.00 150.00 Each Repeat Offense $ 108.00 150.00 $ 253.00 300.00 2006-R-04 43 Class III Class IV $ 253.00 300.00 $ 450.00 Mandatory Court Appcalancc 500.00 S<.hedule of Cil' iI Fine~ Any violation of any of the following provisions sltall be dassificd and shall eairy tlle cOllcsponding civil fine prescribed in section 21-121.05. Any offensc tllat is not specified shall be dassificd as a Class I offensc and shallrcsult in the applicable civil fine thereto. Cap for Civil Fines A fine shall not accrue in an amount over five thousand and no/l 00 ($5,000.00). Once a fine reaches the amount of the cap, the City may take the following actions: 1) file a civil suit against the property owner(s); 2) place a lien against the property; or 3) cure/correct the violation and then place a lien on the property. ARTICLE XVI. Fire and Prevention - Section 21-230.03 Bum Permits $75.00 ARTICLE XVII. Development/Impact Fees 21-310.04 - Pedestrian System Development Fee Schedule I PEDESTRIAN SYSTEM DEVELOPMENT FEE RATE SCHEDULE II Street/Roadway Minimum Development Fee Per Classification Pedestrian/Sidewalk Width Linear Foot Local 4 feet $ 9:-5t 9.90 Collector 5 feet $tt:9B 12.39 Arterial 6 feet $~ 14.87 21-311.04 - Tree Relocation Fee Schedule and Replacement Tree Fee Schedule Determination of the bond amount and the tree replacement contribution shall be computed based upon the most current version of the Guide for Plant Appraisal, published by the International Society of Arboriculture. 2006-R-04 44 21-311.05 - Payment in Lieu of Tree Replacement Payment shall be $2:&5 5.00 per square inch of required mitigation in lieu of tree replacement. 21-320.03 Recreational Parks and Open Space Impact Fee Schedule I RECREATIONAL PARKS AND OPEN SPACE IMP ACT FEES I I LAND USE TYPE I FEE AMOUNT I RESIDENTIAL Single Family Detached 2 Bedroom or less $ 549.32 571.84 3 Bedroom $ 588.00612.11 4 Bedroom or more $ 727.27757.09 Single Family Attached 2 Bedroom or less $ 363.64378.55 3 Bedroom or more $ 649.90676.55 Multi-Family 2 Bedroom or less $ 417.79434.92 3 Bedroom or more $ 688.58716.81 Mobile Home 1 Bedroom or less $ 286.27 298.01 2 Bedroom $ 433.27451.03 3 Bedroom or more $ 611.21 636.27 Hotel or Motel Per Room $ 441.01 459.09 21-321.03 - Fire Protection and EMS Impact Fee Schedule I FIRE PROTECTION AND EMS IMP ACT FEE SCHEDULE 'II I Land Use I Development I CallslUnit I Net Net Unit Cost/Call CostlUnit Single-Family/Mobile DwellinglUnit/ 0.200 $1,435.27 $320.88 Home/Hotel Room 1.652.53 330.51 2006-R-04 45 Multi-Family Dwelling 0.087 $1,4J5.27 $1J9.59 1,652.53 143.77 R/V Park Pad Site 0.00 $1,4J5.27 0.00 1,652.53 Retail/Commercial 1,000 sq.ft. 0.146 $1,4J5.27 $2J4.25 1,652.53 241.27 Office/Institutional 1,000 sq.ft. 0.1 00 $1,4J5.27 $160.45 1,652.53 165.25 Industrial/Warehouse 1,000 sq.ft 0.007 $1,4J5.27 $tt:-Z:3- 1,652.53 11.57 21-322.03 - Police Impact Fee Schedule I POLICE IMP ACT FEE SCHEDULE I I Land Use I Development Functional [;;J Net Unit Unit Cost Cost/Unit Single-Family/Detached * Dwelling 1.46 $8-8:6S $144.7J 92.32 150.66 Single-Family/Attached Dwelling 1.08 $8-8:6S $107.06 92.32 111.45 Duplex/Apartment! Dwelling 0.97 $8-8:6S $ %:t6 Condominium 92.32 100.1 0 Mobile Home or R/V Park Pad Site 0.80 $8-8:6S $ 79::3B 92.32 82.55 HotellMotel Room 2.21 $8-8:6S $219.08 92.32 228.06 Retail/Commercial 1,000 sq.ft. 3.25 $8-8:6S $J22.17 92.32 335.38 Office/Insti tuti onal 1,000 sq.ft. 1.96 $8-8:6S $194.JO 92.32 202.27 Industrial/Warehouse 1,000 sq.ft. 1.16 $8-8:6S $115.00 92.32 119.72 2006-R-04 46 II * Includes mobile homes on single lots. II 21-323.03 - Transportation/Road Impact Fee Schedule TRANSPORT ATION/ROAD IMP ACT FEE SCHEDULE ITE Use Unit Trip Trip % FEE PER Code Rate Length New unit (or) Trips 1,000 s.f. Residential 210 Single Family DU 9.21 4.53 100.00 $1,370.00 1.426.17 220 Apartment DU 6.46 4.77 100.00 $1,012.46 1,053.97 230 Residential DU 5.94 3.45 100.00 $673.83 Condominium/Townhouse 701.46 240 Mobile Home Park DU 4.86 3.32 100.00 $530.21 551.95 310 Hotel Rooms 8.72 4.78 72.65 $994.75 1.035.53 320 Motel Rooms 6.28 3.47 77.63 $554.74 577.48 620 Nursing Home Beds 2.65 2.00 88.50 $153.86 160.17 Office and Financial 610 Hospital 1,000 sf 15.78 3.92 81.60 $1,659.64 1.727.69 710 Office under 10,000 sf 1,000 sf 19.45 4.18 93.62 $2,499.54 2,602.02 710 Office over 10,000 sf 1,000 sf 12.72 4.04 94.35 $1,593.15 1.658.47 714 Corporate headquarters 1,000 sf 7.72 3.37 93.00 $793.94 building 826.49 2006-R-04 47 720 Medical Office 1,000 sf 36.48 3.72 87.70 $J,907.7J 4.067.95 750 Office Park 1,000 sf 15.01 5.63 82.00 $2,274.51 2.367.76 760 Research Center 1,000 sf 7.11 4.77 87.00 $9G7.47 1.007.14 770 Business Park 1,000 sf 16.87 4.69 81.80 $2,125.24 2.212.37 911 Bank w/out Drive-through 1,000 sf 153.98 1.71 35.80 $J,092.80 3.219.60 912 Bank w/Drive-through 1,000 sf 291.04 1.83 51.52 $8,995.9J 9.364.76 Industrial 110 Light Industry 1,000 sf 6.98 4.68 93.20 $998.8J 1.039.78 130 Industrial Park 1,000 sf 8.26 4.99 92.00 $1,244.10 1.295.11 140 Manufacturing 1,000 sf 3.82 4.68 93.60 $548.57 571.06 150 Warehouse 1,000 sf 4.95 4.59 92.00 $686.00 717.14 151 Mini- Warehouse 1,000 sf 2.52 2.99 93.20 $2JO.57 240.02 Retail 812 Building Materials and 1,000 sf 32.88 4.16 69.80 $3,134.G8 Lumber Store 3.263.20 816 Hardware/Paint Store 1,000 sf 51.29 6.56 74.00 $8,IG9.88 8.504.85 820 Retail, less than 10,00 sf 1,000 sf 144.40 1.39 51.25 $J,J67.33 3.505.39 820 Retail, 10,000 - 99,999 sf 1,000 sf 73.50 1.47 60.50 $2,149.20 2.237.32 2006-R-04 48 820 Retail, 100,000 - 1,000,000 sf 1,000 sf 27.67 2.17 84.00 $1,654.35 1,722.18 820 Retail, Greater than 1,000,000 1,000 sf 29.18 2.81 86.00 $2,J 12.90 sf 2.407.73 831 Quality Restaurant 1,000 sf 95.63 2.22 77.80 $5,419.87 5,642.08 821 High- Turnover Restaurant 1,000 sf 148.84 2.11 75.35 $7,770.62 8,089.22 834 Fast Food Restaurant 1,000 sf 552.12 1.43 58.04 $15,089.85 15,708.53 CBC Sandwich Shop 1,000 sf 19.30 4.05 100.00 $2,569.17 2,674.51 836 Bar/Lounge/Drinking Place 1,000 sf 130.34 3.17 72.00 $9,776.66 10.1 77.50 837 Quick Lube Bays 41.69 2.56 71.13 $2,490.77 2.592.89 840 Auto Care/Detailing 1,000 sf 35.76 2.39 74.32 $2,084.09 2.169.54 841 New and Used Car Sales 1,000 sf 37.20 3.21 78.80 $3,088.52 3,215.15 847 Car Wash 1,000 sf 129.60 1.66 69.00 $4,867.28 5,066.84 849 Tire Store/Auto Repair Bays 30.55 2.09 70.70 $1,484.14 1.544.99 850 Supermarket 1,000 sf 112.18 1.67 53.00 $J,267.69 3.401.67 851 Convenience Store 1,000 sf 755.56 1.02 40.66 $10,J05.17 10,727.68 853 Convenience Store w/Gas 1,000 sf 793.28 1.18 28.63 $8,808.25 Pumps 9.169.39 Convenience Store w/Gas 1,000 sf 940.20 1.91 32.67 $19,238.37 Pumps and Fast Food 20,027.14 2006-R-04 49 862 Home Improvement Store 1,000 sf 38.13 3.09 50.00 $1,9J4.52 2.013.84 881 Pharmacy/Drugstore w /Dri ve 1,000 sf 89.89 1.74 41.33 $2,IIG.9J Through 2.203.72 890 Furniture Store 1,000 sf 4.81 4.06 59.12 $J79.44 395.00 Recreational General Recreation Parking 3.02 4.43 95.00 $417.07 Space 434.17 411 City Park Parking 14.23 2.84 96.67 $1,282.0J Space 1.334.59 412 Major Park Parking 2.11 4.05 100.00 $280.88 Space 292.40 416 Campground/R V Park Space 3.90 4.55 77.00 $448.20 466.58 420 Marina Slip 2.97 5.77 94.67 $5JJ.JJ 555.20 Major Sports Facility Parking 2.10 3.63 100.00 $250.58 Space 260.85 Miscellaneous 444 Movie Theater Screens 124.48 1.89 82.12 $6,JJ4.22 6.593.92 560 Church 1,000 sf 9.11 2.97 90.00 $799.42 832.20 565 Day Care 1,000 sf 75.13 1.55 73.32 $2,800.18 2.914.99 Airport Hanger 1,000 sf 4.96 8.36 92.00 $1,251.97 1.303.30 Veterinary Clinic 1,000 sf 32.80 1.77 70.00 $1,JJ4.52 1.389.24 21-325.01 - Water Capital Charges 2006-R-04 50 A water capital charge is hereby established at $6:B2 6.27 per gallon of potable water capacity or $1,503.81 1.565.47 (one thousand five hundred three sixty-five and &t 47/100) per equivalent residential unit (ERU). Those persons, corporations or entities who or which have entered into an agreement with the City providing credits against the water connection fee shall be exempt from paying this water capital charge. 21-325.06 - System Design; Independent Engineers; City's Engineer Fees for the City Engineer's review/comments on engineering plans relating to all system design shall be borne by each developer. Said developer shall pay all costs incurred for review and comments related to said review. 21-325.07 - Meter Installation and Connection Fees I METER INSTALLATION AND CONNECTION FEES I ! FEE TYPE I AMOUNT I Reclaimed Meter Installation Fee $ 511.50532.47 Meter Installation Fee 3/4 inch $ 511.50 532.47 Meter Installation Fee 1 inch $ 664.95692.21 Meter Installation Fee 1.25 inch N/A Meter Installation Fee 1.5 inch $ 8G9.55 905.20 Meter Installation Fee 2 inch $1,395.37 1.452.58 turbine meter Meter Connection Fee 3 inch $1,777.97 1.850.87 turbine meter Meter Connection Fee 4 inch $3,445.4G 3,586.72 turbine meter Meter Connection Fee 6 inch $3,789.193,944.55 turbine meter Meter Connection Fee 8 inch $G,451.046,715.53 turbine meter Meter Connection Fee 10 inch $9,098.5G 9,471.60 turbine meter 2006-R-04 51 Meter Installation Fee 2 inch $2,052.14 2,136.28 compound meter Meter Connection Fee 3 inch $2,G27.0G 2,734.77 compound meter Meter Connection Fee 4 inch $4,137.01 4306.63 compound meter Meter Connection Fee 6 inch $7,G09.077,921.04 compound meter 21-325.08 - Inspection Fees All facilities proposed for transference to the City for ownership, operation and control shall be inspected to insure all construction/installation was in accordance with approved designs, etc. Inspection fees shall be borne by each developer with all costs being reimbursed to the City as determined by the City's consulting engineer. 21-325.12 - Water Capital Charges for Consumers Outside City Limits All consumers located outside the corporate limits of the City shall be charged the applicable water capital charges required to be paid by all City residents along with a twenty-five percent (25%) surcharge as allowed by applicable State Statutes. 21-327 Sewer Capital Charges A sewer capital charge is hereby established at $8-:75 9.11 per gallon of wastewater capacity or $2,076.692,161.83 (two thousand seventy-six one hundred sixty-one and 69 831100 dollars) per ERD. Those persons, corporations or entities who or which have previously prepaid the existing sewer capacity charges shall be exempt from paying this sewer capital charge (i.e. Florida Shores assessment area). For the purpose of calculating and imposing non-residential water and sewer capital charges, the following ERU conversation ratios may be utilized as a reference: I WATER & SEWER CAPITAL CHARGES I I ESTABLISHMENT I UNIT I ERU I FACTOR Residential: Single-family detached per dwelling unit 1.0 2006-R-04 52 Duplex (1-2 bedrooms) per dwelling unit 1.0 Duplex (greater than 2 bedrooms) per dwelling unit 1.0 Multi - family ( efficiency) per dwelling unit 1.0 Multi-family (1-2 bedrooms) per dwelling unit 1.0 Multi-family (greater than 2 bedrooms) per dwelling unit 1.0 Mobile home (1-2 bedrooms) per dwelling unit 1.0 Mobile home (greater than 2 bedrooms) per dwelling unit 1.0 Commercial: Shopping center & retail shopping per 1,000 sq.ft. gross 0.5 Office building (add food service & retail space) per 1,000 sq.ft. gross 0.4 Auditorium per seat 0.02 Laundry, self-service per machine 1.4 Barber/beauty shop per operating station 0.333 Bowling alley per lane 0.333 Theater per seat 0.02 Dinner theater per seat 0.1 Trailer Park (overnight) per space 0.833 Dentist's office per dentist 1.0 Dentist's office per wet chair 0.667 Doctor's office per doctor 1.0 Hospital per bed 0.833 Nursing home per bed 0.5 Automotive service and/or detailing facility per bay 1.0 Automotive care per wash bay 3.2 Automotive care per public restroom 1.5 Convenience store/self service gas pumps per public restroom 1.5 2006-R-04 53 Industrial building (not including food service of industrial waste flows) Without showers per 1,000 sq.ft. 0.4 With showers per 1,000 sq.ft. 1.25 Hotel or motel per room 0.5 (not including food service, banquet and meeting rooms, and laundries calculated separately) Church per seat 0.02 Warehouse per restroom 0.75 per 1,000 sq.ft. 0.2 Per 1,000 sq.ft. 0.75 Grocery store per 1,000 sq.ft. gross 0.75 Food service: Restaurant/cafeteria per seat 0.1 Restaurant (24 hours) per seat 0.185 Restaurant (fast food) per seat 0.1 Bar/cocktail lounge per seat 0.1 Schools, middle & high per student 0.075 Schools, elementary & nursery per student 0.033 I RECLAIMED WATER IMP ACT FEE I TYPE OF DEVELOPMENT FEE AMOUNT All types $562.65 585.72 21-327.06 - System Design; Independent Engineer; City's Engineer Fees for the City Engineer's review/comments on engineering plans relating to all system design shall be borne by each developer. Said developer shall pay all costs incurred for review and 2006-R-04 54 comments related to said review. 21-327.07 - Inspection Fees All facilities proposed for transference to the City for ownership, operation and control shall be inspected to insure all construction/installation was in accordance with approved designs, etc. Inspection fees shall be borne by each developer with all costs being reimbursed to the City as determined by the City's consulting engineer. 21-327.11 - Sewer Capital Charges for Consumers Outside City Limits All consumers located outside the corporate limits of the City shall be charged the applicable sewer capital charges required to be paid by all City residents along with a twenty-five percent (25%) surcharge as allowed by applicable State Statutes. CITY OF EDGEW A TER ADDITIONAL ADMINISTRATIVE FEES/COSTS 1. LEISURE SERVICES Rental of Community Center - Fee Schedule Plan The following specified groups are eligible to have facility rental charges waived: 1. 2. School Functions Veterans Organizations 3. 4. Council & Advisory Boards Athletic Associations Fees: Community Center - 1-50 persons (per hour) $15.00 51 or more persons (per hour) $25.00 Set up and clean up time must be included in total event time. $30.00 $40.00 Deposit Requirements - Damage/Cleaning Deposit Per Usage $125.00 $150.00 Cancellation Fee - A 10% cancellation fee will be charged for all cancellations at least 48 hours prior to scheduled use. 2006-R-04 55 A 100% cancellation fee will be charged for all cancellations within 48 hours of scheduled use. All fees will have an automatic annual increase of six percent (6%) per year. Event/Activity Fees Youth Baseball (base rate) Youth Soccer (base rate) Registration Fees $45.00 per participant $45.00 per participant Team Sponsors (base rate) Youth Team Sponsors $180.00 per team Ballfield without lights Ballfield with lights Rental Fees $20.00 per hour $65.00 per hour *** Note - Programs operated by the Leisure Services Department are seasonaL therefore. fees for events and other programs will be set by staff of the Leisure Services Department based on the event/program costs. Rental of ball fields for school activities may be negotiated between both parties to provide a serviceable rate. 2. PUBLIC RECORDS POLICY It is the policy of the City of Edgewater that all municipal records, with the exception of exempted records identified pursuant to 9119.07, Florida Statutes, shall be open for personal inspection by any person. "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law, ordinance, or in connection with the transaction of official businesses by the City (9119.011(1), F.S.). Pursuant to 9119 .07( 1)( a), Florida Statutes, "every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or the custodian's designee." For the purpose of this policy, "reasonable" time to provide access to public records is during normal business hours - Monday - Friday, 8:00 a.m. - 4:30 p.m.. "Reasonable" time-frame to provide 2006-R-04 56 copies, dependent upon the volume of records requested, shall be five (5) working days. Note: This is not to assume that a "minor" request for records should be delayed until the end of the fifth working day. Any records/documents kept in off-site storage shall require an additional time frame for delivery of said records/documents. Upon request, the City will furnish copies of public records based on the following fee schedule: . . . . . . Single-sided copies, up to 8 ~" x 14" Double-sided copies, up to 8 ~" x 14" Single-sided copies, up to 11" x 17" Double-sided copies, up to 11" x 17" Larger size copies Certified copy of a public record .15 each .20 each .50 each .75 each Based on actual cost of duplication $1.00 per page in addition to actual copy cost $5.00 $5.00 No charge unless extensive clerical assistance is required No charge unless extensive clerical assistance is required Based on actual cost of duplication Based on actual cost of duplication $1.00 per faxed page . . . Duplicate audio tape Duplicate CD or DVD Duplicate audio tape (citizen provided tape) . Duplicate CD or DVD (citizen provided) . . . Duplicate video tape Reprints of photographs Facsimile Transmission Note: Additional charges will be added to cover the cost of postage and packaging if necessary. ~ 119.07(1 )(b), Florida Statutes, provides: "If the nature or volume of public records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both." For the purpose of this policy, "extensive clerical or supervisory assistance" is determined to be requests that require more than one hour of an employee's time to research, retrieve and copy the requested records. For public records requests requiring more than one hour, the requester will be required to pay the hourly salary of the employee doing the research, copying the records and/or supervising the requester's research. This hourly fee will begin after the first hour of clerical or supervisory assistance is completed. For requests estimated to require more than one hour of a City employee's time, a minimum deposit of$25 .00 will be required (deposit will be adjusted depending on the volume of records/research requested). The deposit will be applied to the final cost of the 2006-R-04 57 public records request. Any requestor of public records who submits a request for records to be delivered by facsimile transmission shall be informed that the charge for the records/documents would be the normal charges listed herein (which would cost less per page) versus the charge for facsimile transmission. Cash, personal check (on a local bank), money order, credit card, debit card or certified check shall be paid prior to the delivery of the requested materials. Any check, money order, or certified check shall be made payable to the "City of Edgewater". 2006-R-04 58 AGENDA REQUEST Date: May 24. 2006 PUBLIC HEARING RESOLUTIONS ORDINANCE x OTHER BUSINESS BOARD APPOINTMENT June 19, 2006CONSENT ITEM DESCRIPTION: Gary Butt of the Firefighters' Pension Fund Board for re-election on the Firefighters' Pension Fund Board. BACKGROUND: Gary Butt has requested reappointment to the Edgewater Firefighters' Pension Fund Board. Gary Butt currently holds one of the positions elected by the other four Board members. 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. Currently holds a position appointed by Edgewater Firefighters' Pension Fund Board. STAFF RECOMMENDATION: Approval of Gary Butts' re-appointment by Edgewater Firefighters' Pension Fund Board. ACTION REOUESTED: Motion to reaffirm appointment of Gary Butt to the Firefighters' Pension Fund Board. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO_~ DATE: N/A AGENDA ITEM NO.: :St~y su ~,-, ---- 1ameSJOllre,Chairman Firemen's Pension Board Agenda.request.form.rev.2/16/2000 Page 1 of 1 Shontella Jackson From: YFACM@aol.com Sent: Monday, May 15, 2006 7:57 AM To: sjackson@cityofedgewater.org Subject: Re: Term's expiring To whom it may concern, I have served on the fire pension board for several terms and would like to continue to serve. thank you for your consideration. Gary Butt 5/15/2006 AGENDA REQUEST Date: May 24. 2006 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD J~. 19 2006 APPOINTMENT u u e I CONSENT x OTHER BUSINESS ITEM DESCRIPTION: Appointment of member Martin Tse to the Edgewater Firefighters' Pension Board to fill vacancy created by expired term. BACKGROUND: Martin Tse has requested reappointment to the Edgewater Firefighters' Pension Fund Board. Martin Tse currently holds one of the positions elected by the other four Board members. 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: Staff recommends that Council reappointment Martin Tse to fill the vacant position for the Edgewater Firefighters' Pension Fund Board. ACTION REOUESTED: Motion to reappoint Martin Tse to the Edgewater Firefighters' Pension Fund Board, for a two- year term. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO~_ N/A AGENDA ITEM NO.: DATE: R.3fully"3.ted' . . - '::>- '--, ~James Jollie, Cna-rrrilan Firemen's Pension Board Agenda.request. fonn.rev.2/16/2000 Martin E. 'l'se 2403 Mango Tree Drive 386 423-9704 May 15, 2006 To: Edgewater Fire Department Pension Board From: Martin E. Tse Subject: Consideration for a term renewal Dear Mr. Chairman and Board Members: My current term with the Edgewater Fire Department Pension Board will be ending soon. I am requesting consideration to remain on the board for another term. I am very excited about all the great things that the board is currently doing. It would indeed be a pleasure and a privilege for me to be a part of this advancement. Please feel free to contact me. Sincerely, Martin E. Tse ~' - '. .. 10-20-05A08:00 RCVD NAME ~ P\ t-'\ APPLICATION FOR APPOINTMENT TO CI~, BOARDS, AGENCIES OR COMMITTEES - '7:>\..C"I~'L . ADDRESS '"1 \ 5"0 HOME PHONE~ b WOO'O~NCl UQ\\.lE- Go.sb--IR-"iL"'<<-' 42.0 4-0\ <0 BOSINESS PHONE :?:86 b~9 b84-0 OCCUPATION 6u'::.\ ~<;. b~/'...C--<<-- Are you a resident of Edgewater ~ How long 4- ~{L~ Is your principal place of emp~oyment in Edgewater? ~L~ . if yes how long? S~~s. Briefly state your interestz;"~B,:.:~.'~a:;~(~g2.,,_on a City board, agency or '''\ fete {it~ i'fJ ,t:':"""i'i~ \ - \ ' ,..:,.t.<i2i" 'iiYb 'i~ 'C>"'- ..,..., \J~~ '-"'"' o\.e..--.~ ~. committee: T ~ State \"'.\ . N- \L ~G.<~ ,'W ,)~:',',"/ "",c'':;;,; ,",.-;>i/;;;:;:,(0"". ~-;';j.::; I i.. A . ............i...,.,,,... ~~o.f a~;~;;::'~~:'~~;~~"< " Il ,', ':,,,,; \,\ ~,' j',w&~~;~~.l~" Are ygu ell1Ptoy~d by . . djiiy'ou hold'publicoffice? No. :),j , ~l' \~~M~1;;-'. , j\./j. ~;~~~l~ . "'tFleB~I~@5(Yi{~'B~~~ii,;~~~,~~~;~~_~F~S' l\g~ncies, or , 1:<l tJ-:\ \!t~ '~'{?, ~, '" ~" ,(., _ \ ~~ ~',:!:~,)', f ' Have yo1.J;. eve'~ se;y':'::<i:,.911;_~q}j;1boards, agencies, or If so I'ist each:i\SR,';o...~ci:t:::-.,::i~~~. ~tl-it:\\-t i~'-''''''p' __ "~\,,'i::':; ::V,',:: ~.:\\'>fr \ N\2-."iii ~h.'~ < 'i:';" committees? "s~tL~ ~""'TC.-l"~. .. ,,,:(\;:$:v::j\:,' :,~~ ' ';r,"':::r~, (BOARD, AGENCY AND"CQMMITTEE HEMBERS -~Y";BE.REQUIRED TO FILE WITH THE STATE, FINANCIAI.'OISCLOSuRE fFORMs'" EACH "YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER &ANIMAL CONTROL BOARD _____GENERAL EMPLOYEES PENSION BOARD _____LIBRARy BOARD _____RECREATION & CULTURAL SERVICES _____CITIZEN CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATION BOARD _____PLANNING & ZONING BOARD ECONOMIC DEVELOPMENT BOARD ~POLICE PENSION BOARD BOAR~ &VETERANS PARK ADV., COMMITTEE -----^-- k -,," DATE: 10 J 17' I C>~ I E FOR LISTING OF BOARDS, AGENCIES AND COMMITT~ SIGNA ** SEE ~' - '1 '" 10-20-05A08:00 RCVD NAME \' C-\ M.. APPLICATION FOR APPOINTMENT TO CIT~ BOARDS, AGENCIES OR COMMITTEES ~\..-?I~'<- . ADDRESS ~\56 HOME PHONE~~ WOO'O~NO 'UQ\\J~ Go.sb.-sA-\L~ 4L~ 40~ to BUSINESS PHONE ~:?1~ b~9 b8ltO OCCUPATION 6u'~\f'oIt-~ a~~~ Are you a resident of Edgewater How long 4: ~(LS . Is your principal place of emp~oyrnent in Edgewater? ~L~ . if yes how long? S~~s. Briefly state your interest~n~;:r:;~~~on a City board, agency or committee: T UVou~ ~~~<,~...~~~. ~- ~~~~ 'V\-"\ ~ ~,,:r~~~::'~~:,~.~W \-.-. . iZ-. ~.A ~ C-.~ -\L. )d::.t:.,. State yourexperience./...Qt1al1.'.:f...i. c..ations ::..~>. . ,.,:. ....' ...... . . . .'. .... ~\<.. ~ \ .T, N.(L c&~<~ ~~~ 0- ,~~\~~t~> ~ Y9,u a jegistered' vo~er?\~~;.!? Are you employed by the City? Na'{)DO'You hold .public office? No . At th~pre<~~~7;<1=ime, c1oyous~rygY9p. ~myptl1ergoards, Agencies, or commitcees?i(\06 If so/listea,ch:' \1;; ~~l., 'A '\i{\ Have YOll eve:!:' se:!:''Y'~ci?nia.~x.;boards, agencies, or committees? If so, list each,:' ~P\'....u<:..:r:::i\~e.... \-oV~it.,,-t <!P\a..o4~A c:::;;.~R~ ~k.lTC.-l".--. y, N<2-'(~,~"i{~'~ C-","'to . . ';'. "",' .. --'.....';.., ..,::.,....,,; ".t... /.--,....', '",,'-';:..:, V'_ ..i....t .;.__>.., (BOARD, AGENCY ANDC()MMITTEE MEMBERS 'l-fAYBEREQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS'EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER _____GENERAL EMPLOYEES PENSION BOARD &ANIMAL CONTROL BOARD _____CITIZEN CODE ENFORCEMENT BOARD _____LIBRARy BOARD _____RECREATION & CULTURAL SERVICES APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAMES (],...('I c..- i 5 CO ~. '\); 0.."L TI i ~ Po lSoK "7..-"151 tJe...J SI""lfrY"""1 FI s-zr,o ADDRESS I "30~ T(~"elers ,?(;ll~ Or, (;J.cseu/a '"CPr I r I HOME PHONE t-/'t')-as-I" BUSINESS PHONE 3cg6 - <g4f.. .- I'll b OCCUPATION .5-eul~ e- ...~: ~: S"2/-:S ~ 1 0.- !C ~. "~\ri . . ,~:""'lOI ' How 'ci \Je. OV' l-1er fOUlf ;';\d .. - c C> r"'~. 0...-1 e.c 0 rt oyM t C yovvv~ 7erS.o n '5 ho..J("t1. ~, Stateyourexperience/qualifications -ZODI (l/\a.;/l 'aVid i-H)'" ~cit!)a / ~rc:..~Jctv!J '"D5C--C j110"'jol';"'~ '''-1 ({)yJ<1f,)~s;..:(/I(-e o"",d :CV\~rVI'U:.'cio>"\ kcl..r<Dlo5'(t ",,-ey.,J"'er VotV-S1<J.. &:'vY1CLf De1M~rt\. ~ic.. bY.~Cvt1"e (&\,M",..,; -tC-tee. Are you a registered voter? Y-R~ Are you employed by the City? ~ 0 Do you hold public office? ,J " At the present time, do you serve on any other Boards, Agencies, or committees? Y@..<; If so, list each: "/0 {VS; a.. I:)epr Oc, (~k')c b'€ C! lrti J (' (D """".,. ;-cc:.-e~ AA a+= Have you ever served on any boards, agencies, or committees? NOlf so, list each: (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER 1-ANIMAL CONTROL BOARD ~CITIZEN CODE ENFORCEMENT BOARD :!-CONSTRUCTION REGULATION BOARD .J-ECONOMIC DEVELOPMENT BOARD LFIREFIGHTERS PENSION BOARD J ~ GENERAL EMPLOYEES PENSION BOARD 'Z-L1BRARY BOARD .t..RECREA TION & CULTURAL SERVICES ..2..PLANNING & ZONING BOARD !.LPOLlCE PENSION BOARD b VETERANS PARK ADV. COMMITTEE .2,,10- 0:1- ~ ..-.~~ APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES 03-2o-06Arg:35 FilE Name~/A- 50 f~ Address l q I 6 --:f~ i fOr }) rj e dse L.lc<~,r Home Phone '3 [Jh .-42 fj - /4 tJt Business Phone Occupation \") V (7 ?~,rj() I +e~ Q~, Or- "? f-fcV'> 214' I / Are you a registered voter? '1 e 5 Are you a resident of Edgewater? ''/ c? .5> Is your principal place of employment in Edgewater? Voting District..\.La-l '~Jj CL Ccl'" Y\ t4 How long? Lt D Y 1""5 fOes If yes how long? :2. \/ (5 I Briefly state your interest in serving on a City board or committee: '10 ~cl F W I +JL +-J.e c\ y'- ( rhC: I 1:/ 0 ):J ~ (4) I p r;, State your experience/qualifications -+ c.~ V'" (;1 /7 P -I 01 .J h.. C ~/ [.... h. c! { e-' -e ( + \/1 Q\) e S, Cf (1-'1 e_ C~'ip ~ p/V' ylCo <'-" \A) j -I/r. V\, .I^;' r'1/\.4- IS Are you employed by the City? VlD Do you hold public office? At the present time, do you serve on any other Boards or committees? It V If so, list each: Have you ever served on any boards or committees? t" 0 If so, list each: (BOARD AND COMMITTEE MEMBERS MAYBE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) ~RECREATION & CULTURAL SERVICES ~PLANNING & ZONING BOARD ~POLICE PENSION BOARD 1L- VETERANS PARK ADV. COMMITTEE SignaturJlpl~ C;~ (REVISED (2-10-04) ~ DateS-I 7- 6 {; THE CITY OF EDGE WATER POST OFFICE BOX lOO-EDGEWATER, FLORIDA 32132-0100 ZIlDAPR -q APPLICATION FOR APPOINTMENT TO CITY ~ BOARDS, AGENCIES OR COMMITTEES UAVID II ~g( 2to2J tJILL()W ~I( Oli. HOME PHONE L/2J- 5'8Y2 OCCUPATION ~ 7iJ("O/TIVAI'c~MS Are you a resident of Edgewater YEJ AM 8: 27 NAME ADDRESS BUSINESS PHONE .2rs: 'R3S' How long Is your principal place of employment in Edgewater? if yes how long? Briefly state your interest in serving on a City board, agency or conunittee: NO Are yoq;a Are yol). emplQyed At the pre conunittees? or >;t "};iBWi~ti{)Gij',,; ards, agenc1.es, or ,f~{\\fS!;~;f<~:0' ;-';;%\\';'2\\%1;\0" iif/' i;,; ,Y" .l~;f connhittAs?_ ,y ,;,"1:': ver"tc$e each: <;i:\!~;~\:{>;'; ^:;;:t;'~ ~ FILE WITH tl'." (BOARD, AGENCY AND COMMI'TTE;Ji;<<~~!,~<~'}J!BE'8<REQUIRED TO THE STATE, FINANCIAL DISCLOSURE'FbRMs EACH YEAR) PLEASE INDICATE BOARDS I AGENCIES OR CC>>eaTTEES YOU WOULP LDa: !I!O SERVE ON AND lU\NK THEM ACCOlU)iNG TO CHOICE BY NOMBER _ANIMAL CONTROL BOARD _CITIZEN CODE ENFORCEMENT BOARD _GENERAL EMPLOYEES PENSION BOARD _LIBRARY BOARD ~RECREATION & CULTURAL SERVICES ~PLANNING & ZONING BOARD _CONSTRUCTION REGULATION BOARD _ECONOMIC DEVELOPMENT BOARD _POLICE PENSION BOARD "U<E"G""~ION _~~/ / ~_ ~VETERANN PANN Am. c""",,,.. SIGNATURE ~;~.J:CL/~ DATE: 0-;; &> ... SEE REVERSE SIDE FOR LISTiNG OF BQAlmS I AGENCIES AND CC>>eaTTEES** (REV 1-11-00) 04-05-02All :37 RCVD I~~ ~ss~L- ADDRESS THE CITY OF EDGE WATER POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 11ID APR -LJ APPLICATION FOR APPOINTMENT TO CITY ~ BOARDS, AGENCIES OR COMMITTEES LJAVID /I ~~ 2~2J UIUDW ~I( Oli. HOME PHONE '/23 - 5"8</2 AHS:27 NAME BUSINESS PHONE .2tf6= Jd'~ OCCUPATION-A 7t J("OI1J(jAI(~MJ Are you a resident of Edgewater YEJ How long V, 1/1'1 , Is your principal place of employment in Edgewater? Af~ if yes how long? Briefly state your interest in serving on a City board, agency or J a~~ "~lll ~(II",~~~~ 01 C.1A4101v ,il 01\ ~.ffatJ- ~ """(,(Ul,, ~ t:!.I-itf. ~~II' /i!;], " . q~1 /r~.K'/, ~ij'lIf:tt' ,t.'Voe';;"1 State your experience/qualifications ~( , ~ 1!\ ,'~JJ:!!4r I A#t';;./1 committee: Are you a registered vOfer1VF 4 Are you employed by the.iJ.a ty?~DO you hold pl4.lJliC off;i.ce? NO At the present time, do you serve on any other Boards, Agencies, or committees? No If so, list each: Have you ever served on any boards, agencies, or committees? If so, list each: 'C. ~,' (BOARD, AGENCY AND COMMIT~~~~~~.~/SE/REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE nmI~ BOAlmS, AGENCIES OR COMMITDES YOU WOULD LIla: TO SERVE ON AND RANK THEM ACCOlIDING TO CHOICE BY NOMBl!:R ANIMAL CONTROL BOARD _GENERAL EMPLOYEES PENSION BOARD _LIBRARY BOARD AGENDA REQUEST Date: June 8, 2006 PUBLIC HEARING RESOLUTION ORDINANCES BOARD APPOINTMENT June 19, 2006 CONSENT OTHER BUSINESS ITEM DESCRIPTION: Request for appointment to the Economic Development Board to fill three (3) expiring terms. BACKGROUND: Mr. Oscar Zeller, Mr. Hugh Sheean and Mr. Christopher Balmer all have terms on the City of Edgewater Economic Development Board that expire on July 21,2006. Mr. Zeller has expressed a desire to remain in service to the Board. Mr. Sheean and Mr. Balmer have declined to seek reappointment. The Board asks the Council to strongly consider their desire to maintain the consistency of the Board as to the varied business background. STAFF RECOMMENDATION: At their regular meeting held on June 7, 2006, the Economic Development Board voted unanimously to send the following recommendations to City Council: I) To reappoint Mr. Oscar Zeller to an additional three year term; 2) To appoint Ms. Patricia Reid to fill a three year term formerly held by Mr. Christopher Balmer; and 3) To appoint Ms. Marcia Barnett to fill a three year term formerly held by Mr. Hugh Sheean. All terms to begin July 22, 2006 and to expire July 22,2009. ACTION REQUESTED: Motion: I) To reappoint Mr. Oscar Zeller to an additional three year term; 2) To appoint Ms. Patricia Reid to fill a three year term formerly held by Mr. Christopher Balmer; and 3) To appoint Ms. Marcia Barnett to fill a three year term formerly held by Mr. Hugh Sheean. All terms to begin July 22, 2006 and to expire July 22,2009. FUNDS AVAILABLE: ACCOUNT NUMBER: N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/ A PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, 6rnO= Patricia Drosten, Board Coordinator Economic Development Board Page 1 of Pat Drosten From: EdgeMach@aol.com Sent: Tuesday, May 23, 2006 7: 13 PM To: pdrosten@cityofedgewater.org Subject: Re: EBD Board terms expiring I woud like to be reappointed to my existing board position. Thank you, Oscar Zeller 5/24/2006 Page 1 of Pat Drosten To: clbalmer@aol.com Subject: RE: out of the office.... -----Original Message----- From: clbalmer@aol.com [mailto:clbalmer@aol.com] Sent: Saturday, May 27, 2006 9:51 PM To: pdrosten@cityofedgewater.org Subject: Re: out of the office.... Chairman Lott, I will not be requesting a new term with the Edgewater Economic Development Board. Thank You, Christopher L. Balmer Page 1 of 1 Pat Drosten From: H & H Sheean [hsheean@ucnsb.net] Sent: Wednesday, May 24, 2006 3:29 PM To: Robert Lott Cc: Pat Drosten Subject: EDB Term of Office Bob, Pat has informed me that my term of office is over next month and has asked if I am available to serve another term. Due to several conflicting demands on my time I must regretfully inform you that I am not available to serve another term at this time. It has been a privilege and an honor to serve on the Edgewater Economic Development Board for the past year. I hope you will call on me in the future, when my schedule is more conducive to serving on the Board once again. Sincerely, Hugh 1. Sheean 5/25/2006 '-""~ - \ . ~:Ii ;" ~.~ ~4l4' fJ J r, ~_""" '~t\ . THE CITY OF EDGEWATER POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 RECEIVED APPLICATION FOR APPOINTMENT TO CITY BOARDS OR COMMITTEES OCT 2 5 1005 NAME: ~. ~".Tr ADDRESS: /02.-Y~ ~. HOME PHONE: 3lj(. .y:.z,,' 82"8 OCCUPATION: ~TZ'I(. CITY MANAGER ~~~~. Ye .s#l/~ BUSINESS PHONE: .as ~ ~8'1"~S9...t Are you a resident of Edgewater? r How long? 7 ~ Is your principal place of employment in Edgewater? ~~ Briefly state your interest in serving on a city board or committee: '. , ~. State your experience/qualification: ~ A '.A~_ Are you a registered voter? ~ Are you employed by the City? N& Do you hold public office? ~ At the present time, do you serve on any other Boards or Committees? ~ If so, list each: Have you ever served on any boards, agencies, or committees? . Ifso, list each: .Ah~ dy.utut-L , ~~,. h (BOARD AND COMMITTEE MEMBERSMAY E REQUIRED TO FILE WITH 1', ESTATE, FL ~NCIAL DISCLOSURE FORMS EACH YEAR) Please indicate boards or committees you would like to serve on and rank them according to choice by number. Animal Control Board General Employees Pension Board Citizen Code Enforcement Board Library Board Construction Regulation Board Recreation & Cultural Services I Economic Development Board Planning & Zoning Board Firefighters Pension Board Police Pension Board Veterans Park Adv. Committee SIGNATURE:~ If ~ 10-25-05P04:24 RCVD Date: Marcia E. Barnett. 124 Flamingo Rd. Edgewater, FL 32141 (386) 426-8268 phone (386) 426-1760 fax barnetts4u(cV,aol.com email OBJECTIVE: Widen the dimension of my career path, while increasing the diversity of my knowledge and skills. SKILLS: More then 35 years experience in the work force has given me knowledge and skills in the following areas: Project Management Negotiations Facilitation Quality Practices Communications Public Speaking Sales Computer Technology Interpersonal Skills Networking Real Estate CommerciallResidential Technical Writing Cost Reduction Virtual/Home Office V olunteerism Budgeting Capital & Expense planning EMPLOYMENT HISTORY: 1999 - PRESENT FLORIDA LICENSED REAL TOR In the time period that my husband and I have entered the Real Estate market until now, we have maintained a high production standing in New Smyrna Board of Realtors. In the past 18 months we have gained the number (1) position in New SmyrnalEdgewater MLS., with volume y-t-d of over $35M. 2002 - Present Venture I Properties, Inc 675 Douglas Ave. Altamonte Springs, FL 32714 1999 - 2002 The Keyes Company Third Ave. New Smyrna Beach, FL 32168 1998 - 1999 RETIREMENT I took an early retirement when Champion International Corporation decided to offer retirement incentives to employees. During the period between 1998 and 1999, my husband and I lived and traveled in Australia. We resided in Perth, Brisbane, and Esk, Australia. Employment History - con't 1980 -1998 CHAMPION INTERNATIONAL CORPORATION HAMIL TON, OH Telecommunications Analyst · Develop and control annual expense budget of SI0M, achieving favorable results at year-end. · Coordinate pricing, service and user education between employees and vendors to achieve positive results for company; maintaining highest level of service to customer/user. · Coordinated and controlled all virtual officelhome office, successfully setting up technical and non-technical strategies. · Designed and managed project to automate manual month-end billing process of 20,000 telecommunications users, resulting in a savings ofS150,000 annually with increased information to user. 1979-1980 STRAUS KEILSON COMPANY HAMILTON,OH Sales & Marketing Support · Process Orders for Sales and Marketing Staff. Developed order entry process that cut process time down by 73%. EDUCATION 1990 WILMINGTON COLLEGE Marketing and Business Management CINCINNATI, OH PERSONAL ACCOMPLISHMENTS · Survivor of Violent Crime · Staff Writer for Corporate Newspaper · Highlighted as Volunteer of the Year · Extensive travel to several foreign countries · Ranking in the top 3 Realtors in New Smyrna Board of Realtor MAY-24-2006 11:27 FEDERAL TRUST BANK 386 409 3120 P.01/01 AWLICATION FOR Al'POIN'I'MENT TO ClTI( BOARDS AND COMMIT'l'EES N:::YO-~V\'-c..:.o- ~...d Addfess 2... ~ '2-0 \.. P DO a.'a...........d \) r f' 4P . . ~ HOnlePhone3i6~ lPb3 .ctq'i' \ BusinessPhone S~b' 4.0 q...q 300 Occupntion~ ~r\ '<\ ral} - A- vP Are you a tegistt.'"red voter7 Ves. Voting Dis1rict Ed.~ 3 he )'OU a resident of Edgewater7-1. e-.> How long? \ Y'Z- l{"-.l Is your principal place of em.ployment in Edgcwater? C"\rn- ctt +h1S, -\-.; "" .0... If yes how long? Briefly state your interest in seIVing on. a City board. or com:mittee: O1rN:~ twor-.c}-, s.::k. -t-o fAa'~~ blJ' y"a.r erd' . n . I ~ State your experiencelqualificatiom ~"('t....v \ DILS t f. ~ n E ~('\~ [l~. I. v .'1cnv'd lu" ~t~ Br:ntfcl M D,V"~-d-i-x +Or Sf:: V~oL Are you employed by the City? No Do you hold public office? N 0 At tlw present time. do you serve on any other Boards or committees? Iho,listeach;$t:VC-D G ~ BoD t'\~L2lv00 ~y~~O+: O..{rns I :Have you ever served on any boards Qr committees? ~c 0('\, O,t. J Bd. of' ~'1~y" If 9(1. list each: (BOARD .AND COl\Dfi'ITEE MEMB!RS MAY BE REQUJRED TO FILJ: WITH TllI!: STATE. FINANCIAL .DJSCLOS~ FORMS EACH YEAR) :PLEASE lNDICATE THE BOABDS OR COl\lMl'rnES yoU WOULD LlKE TO S:ERVE ON AND RANK THEM ACCORDING TO CHOICE BY NCMBER ~ CONlROL BOARD _GENERAL EMPLOYEES PENSION BOARD _CITIZEN CODEENFOR~BOARD _LIBRA.RYBOARD ~CONSTRl,JCTIONREGULATION BOARD _RECREATION & Ctn.TURAL SERVICES ../ ECONOMlC DEVELOPMENT BOARD "---pLANNING & ZONlN'G BOARDE_FIREFIGIITERS PENSION BOARD ~POLlCE PENSION BOAlU) _ 'VETERANS PARK ADV. COMMITTEE s~~ (REVISEP (2-10...04) '0.- D Date 5" Z. 4- - 0 (.:... TOTAL P.Ot APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME--...0- e,..." cis G-O ~.''\:) I CL .... TJ 1 - Po ~oK "1.-/5 jJ e~J 5,....'1"-"""'"' PI -S-V,o I ~. ADDRESS 1'3-z..~ ,.tAve! eiS "PGl.IY"\. Or/ c-d ~eu-'a -n:'r t Are you a resident of Edgewater Y t:' "":> long I" I.( eocs Is your principal place of employment in Edgewater? t1 0 if yes how long? Briefly state your interest in serving on a City board, agency or committee: r;; o.K.er a.. HOME PHONE trl- )-t>; I' BUSINESS PHONE 3'3'6 - ~4(:" -- I '-t I b OCCUPATION .5-rukY\. e- r, 's~ ......., : l'2/~~i <>- 5i: :~. P\:n . '.r.... How , - U>r"'~. cJ....-1 ~Oj"1oyvrtc yovvv~ 7er=:::.orr "s ho.,J<."'t1, ~, State your experience/qualifications '20D I Co\./v1t:lj Devt'Lct: r a.. {:ic... Are you a registered voter? Yr?C; Are you employed by the City? t.1 0 Do you hold public office? : /1(0{' 'V1 (O,M..J Ma.//l \c.!Vld P-15k 5:cic;a / ~r~c;JJc~) -0'6 ~C o;.""J V\ ~ r ~ .t-i 0"" ket.,r D 105 r i f"Vl.e It"'1 " e r b'/.~CJt::1ve (l:l\.MrYI j {;t-ee. AA a+= ,J" At the present time, do you serve on any other Boards, Agencies, or committees? ~S-If so" list each: 'V<o (VS; a.. uep' ocr ~k)c. ;-.y. ~ f!. u-t:7 v e (D,-,.'I;I'\ I-cceo(2' Have you ever served on any boards, agencies, or committees? ~Olf so, list each: (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER i...ANIMAL CONTROL BOARD 2.CITIZEN CODE ENFORCEMENT BOARD :!-CONSTRUCTION REGULATION BOARD '/-ECONOMIC DEVELOPMENT BOARD LFIREFIGHTERS PENSION BOARD I ~GENERAL EMPLOYEES PENSION BOARD 'Z-L1BRARY BOARD f.RECREATION & CULTURAL SERVICES 5 PLANN!NG & ZONING BOARD \ . ,\~1 \ !LPOLlCE PENSION BOARD ,{;,\. ~7~' i' b OJ \1 _VETERANS PARKADV. ~ J- --10 - d J -I.L;;;f." . / n .-- {" --r)1./ I R-f.:+ JI1"-P.r.5 ~ : ADDRES'S THE CITY OF EDGE WATER POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100 APPLICATION FOR APPOINT.MENTTO CITY BOAlIDS OR. Ca.:tMITTEES. ()h/ C{eIS'EI-L . 'iiaiiia~ 11.,/5' '~)fe- ~ - . HOME PHONE 5 ? t. ~ l/2 '1 -(I' p-s- t. ()CCUPATION ~~~I! ?/TP'</ Are you a resident, of Edgewater Yi:f.' How NAME BUSINESS PHONE :?Pt - l(:1..t ~ 91f7tf' Di~I--.2.. long /0- / Pi, Is your principal place of employment ih Edgewater? yt~5 if yes how long?ltO-.Pt. . Br~eflY state your int,erest in serving on a City board or committee: ::;z:;,;,. :r;~-reD ..::r;.' ~ h-,--wlU" ~F A4;W~. .::::p .WCtA (..1) .' 1-, ~ 6 . 70, Hcn.-", 5e:r ~....:Tf 1fV..1n~ $,,+ '. S",.., Iru. To k/IV T1.",. -r W 0 '" L- 1) It- ~ ~ () L. ( Ie € 7Z He(.I':r T f'.7,:)r:;~ ::t::w n "THa :J. I ,F..,.t:Je-vru~. State your experience/qualifications .:r #~. 6'WN ..::riv-n,-v~t) .$,., -rHe:-'" CNt~,r(D~-!fiA fI_ ON&/. C "~f)W~"-~ nIL . S'S- YtrA?2-~'.. . . . Are you' a register~ci 'voter? Ye-s . . . . . , Are you er:npl.oyed' by the City? /I(.,po you .hold ,public office ?II b At.JJ:e preseht. time, dQ you serve on any o.thei Boards or coinmittees? bIf so, 11st each: H~veyou evex; serveg on any boards, agencies, r corm.:n).tte~s? YC.S" If so, ht/;.:~c:::c,:;":<~~-:!;::Z WA-,-n.. ou f-'@/~/oA/ (BOAlU) AND CoMMITTEE MEMBERS MAY BE REQUiRED TO lrlLE WITH THE STATE, FINANCIAL DISCLOS~FORMS EACH UA,R) . . l>LEASE.:tNOlCAft BOAADS OR COMMITTEES YOU WOULD LIRE TO S-=RVE ON AND RANK THEM ACCOROING TO caOICE BY NUMBER .S'ANIkzu. 'CONTROL BOARD ~CIT.IZEN CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATI.ONBOARD LGENERAL EMPLOYEES PENSION BOARD' . q LIB~RYBOARD I ~RECREATtON & CULTURAL SERVICES ~PLANN~NG & ZONI~G BOARD ~POLICE PENSION ~QARD II VETERANS PARK ADV.. COMMITTEE ~_-" FIREFIGHTERS "'S10NBOA~ ' ....~...'... SIGNATURE' ~~ ..'. , SEE. REVERSE SIDE FOR BOARD ~D COMMITTEES LISTINGS DATE: (2-10-03) 7-:- :l./ -03 (oMO</S+-rff 'nkt'"Jks;! ~ ;.0:. 01-28-05P03:28 RCVD APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES NAME "lWOIVlA6 E. C'TUolt"J Ho~Aer> ADDRESS '3D'l.8 \UlU.I1';J DA\<... 1> 12\\J6 ,e~WAref. I 3Z141 HOME PHONE~€') 427. ~3103 BUSINESS PHONE (111) t;sq..44.!9q OCCUPATION ~AL. ~~A--n5 D6UG;I,DPIa'i2 Are you a registered voter? "'e~ Voting District Are you a resident of Edgewater'le5 How long 6 '(~A-eS Is your principal place of employment in Edgewater? ~eJ if yes how long? '5 "(,~~ Briefly state your interest in serving on a City board or committee: 1b LJjU\) ~';\l~~ f;~~~1"~6 r ~\Je ~ ~~J~ ~"-:3~~M~~ ~CJ~t.(f ~LlDMlc.. ~6 1't1 ~o't(.-r -----.&-_~1~ .....___ ~__'1l-l '0~p otJ ~9~~~1.L it.Aa.&.~ A41Jp D0.J~uJ~S. State your experience/qualifications ~~ M~H~b I2'Jg~ML::;: Are you employed by the CitY?~DO you hold public office?~o A; the present time, do you serve on any other Boards or committees? ~If so, list each: Have you ever served on any boards or committees? If so, list each: (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD _____GENERAL EMPLOYEES PENSION BOARD _____LIBRARy BOARD _____RECREATION & CULTURAL SERVICES _____PLANNING & ZONING BOARD _____POLICE PENSION BOARD _____VETERANS PARK ADV. COMMITTEE _____CITIZEN CODE ENFORCEMENT BOARD _____CONSTRUCTION REGULATION BOARD ~ECONOMIC DEVELOPMENT BOARD _____FIREFIGHTERS PENSION BOARD SIGNATURE J.~ t. ~~ DATE: JAIJ. , 2./ 1.()'(j5 *SEE REVERSE SIDE FOR LISTING OF BOARDS AND COMMITTEES (Revised 2-7-03) ~ ~ \\.O'~'C'-AC\ CITY OF Jli:DGEVv A'. ECONOMIC DEVELOPMENT Bo. ADDENDUM To Application for Appointment to Economic Development Board 1. Would you be able to commit to one or two meetings a month, outside assignments, and attend occasional City Council meetings? ~ yes 0 no 2. What do you think the purpose and function of the Economic Development Board are. 1<0 ~coa>~'T ~ ~M~G ~e- ~.ptnA-~ WUL.1if!BI> "-0 ~.fih ~,- ~ ~~ ~ ~MaJD 1C> ~ e;;,o~t...l'~s At.4J> '''~ 11.:> 3. Do you have knowledge of Edgewater' s current political and economic climate? )( yes 0 no 4. What experience, if any, have you had with the City of Edgewater in regard. to the pennitting process or economic development issues. M.t 'V6\Jtft.O~ ~ ~~~ ~<; -46'1 M- e?00 AppP..mJltlj) tii:>2. <:Wo.c.JA.J~~ Sf Z15,pQ? 111 ~ ~V COMMeMl)/.- ANf) .:z~ ~/-r %}w~\~ ~~ ~lJG!1l6\~ Ulu.A-S. 5. Have you had direct contact with the process of building or managing a business in Edgewater? 'ffiS 6. Do you have knowledge of how the City departments work; i.e. Community Development, Engineering, Code Enforcement? ~ yes 0 no 7. What kind of impact do you think your opinions might have on economic development? My Jl+vow~r 1/oJ #tf/H ~~s-~;e.rov# ~U'J4IIII,Ik.m# ItfbA/J U"'~J> ~{j tI1e rJlG" O"~A.J~7Y ro GrnE 1l/1~n4~.$ ~APg J# ~~.s ~!-I "'o/P~y W/u. ~ ~7b-e '1'1>A(..J:up ,4J./J? (..IT/~('Z.€ "-IE .TP6J7'J~ p~ u.>/fICH ~L> '/i.Ie~Je. ~7f-+ 71fII( $'t.P$'/14IJJt:/), . What do you see as a goal of an economic development association in the next year; the next five years? .< To €~~ 17.;(i 11-$567;;' " WINCH ~.5r /# 6R~1Z. W~ CCcJa> ~ A- 8A$LS lOlL ~IC. ~/)(I!IJI7'" A.Ub ltCEy /,V ~J./ 17-It: ~T B~ n Focus ()JJ ~tQIAJ&f '-1 S17U:JJJ~ S<<.Io /!A!f;6 ."c:,u(!.EjJIffAihE dfW 4- FE4J I /4&iI1~8l.6 <;t;At.5 ~ /.1IJ6 tRBJ9.uST/t!.-, 8. 1/22/98 P.O. EOl EdgewA(er, FL 32132-(1 90-!-.f2.f-24J.j / F4.>:' 904-424-2 I' v'dl.l-J\.lIll:i~,~'I,LkJldlJlll J.pp THOMAS E. ("TIM") HOWARD 3028 WILLOW OAK DRIVE EDGEWATER, FLORIDA 32141 (386) 427..3363 SUMMARY: Over forty years experience in real estate finance and lending with Banks, S&l's, REITS and Private capital sources in addition to Development of both residential and commercial properties. Projects ranged from large mixed use single family residential, Resort/second home PUD's with extensive amenities and income producihg commercial properties. PROFESSIONAL EXPERIENCE 1999-Present Headed development company's activities with concentration in residential mixed use projects in Indian River County and Volusia County - Edgewater lakes and Riverside Villas. 1984-1998 1980-1984 1978-1979 1975-1978 Investment Associates, Inc. Consultant - Providing Real Estate and related financial advisory services to lenders, Developers and Investors relating to large residential and resort projects in the southeastern United States with a concentration in Florida. Activities included: · Securing short and long term financing · Private Sector Equity Funding · Evaluation and disposition of non-eaming/special assets · Project Planning from conceptual stages to final master plan through final approvals, permitting and commencement of development and construction · Project management and administration of sales and marketing programs President - Palm Beach National Corporation ( wholly owned subsidiary of 1st National Bank holding company) Member of loan Committee and Board of Directors Vice President - Real Estate lending First National Bank of Palm Beach Keyes Investment Group - Miami, Florida President and Principal of Registered NASD Broker/Dealer engaged in acquisition and syr,dication of commercial and income producing properties. Howard & Eldridge, Inc. - Coral Gables, Florida President of consulting firm dealing primarily with distressed and "work out" projects for lenders and developers; evaluated loan portfolios in REIT "swap" programs for lenders. 1971-1975 Continental Advisor - Coral Gables, Florida 1970-1971 1960-1969 Education Military First Vice President - Director of Portfolio Management Responsible for nationwide $1.3 billion loan portfolio including Hawaii and Puerto Rico overseeing two regional offices. Member of Loan Committee. Continental Advisors - Atlanta, Georgia Vice president & Office Manager of Southeastern Regional I Investment Office. Produced loan volume of $138 million with concentration in development loans, resort and second home projects Metropolitan S&L - Charlotte, North Carolina Executive Vice President - Member of Board of Directors Southern Federal S&L - Pompano Beach, Florida Assistant Vice President - Mortgage Lending First Union National Bank - Charlotte, North Carolina Loan Officer - Real Estate University of North Carolina - Chapel Hill 8.S., Industrial Relations Staunton Military Academy - Staunton, Virginia United States Army -- Panama, Canal Zone United States Air Force Reserve , , , POST OFFICE BOX 100-EDGEWA1'ER, 'FLORIDA '32132-0100' '. ,APPLIcATIQN .FOR APPOINTMENT 'lJ.'O' CITY BOAlmS OR, CCHa'1'TE2,S" 12~11-05 P09:59 IN NAME' "~OBt:~~\ ,E.,' 'c:tv./::-:J~roJl/' , . , , ,AnDltESSh31. 8TRRj3oNM HadE J?HONE,3r';~, qZ3-5'"7~ IL, A Vi;;. 'WGGW/Jrt= R.j FL , .J " BUSINESS PHONE 3 i /q;, 'OCCUPATION ' RETt RE" b , Are you a resident of Edgewater 'f ~ How 'long, 13<..(.t=:"1l~S , , , Is your principal 'place of employment fh Edgew?ter?- , " if yes how long?" ,Bri,eflY state your interest in serving on, a 'City poard or , , , , , ' , . " . coIDmittee: :rA~ I;""'EIlE,S1f::JJIP lfi=LPluG DLli'l c.''''f /]rIRilcr ue4J.Au<i'-'!-'{;:S5 ;-::;;R~~~:~V;~ t~~JNl;;~~~~ ~O~~UI~' '(-r.CZ,FkfS J~ ',' state your experienoe/qualifi.cations A.S A FOR~E'a I-lLiM~ll ~{;S~{i'C!-C{;S ' . l? o:~, i--e> ~.SP'R UJT C<n ~.p. T (jJ11f1 IIELP Ei/m.uArE. J.lUP1RN.i~~;:ni.1 ~ff' os IJvA~L.I'JOLE. , h~ nun, RR~ tl "FoR .c.U.~Rc::'J.lT E F'uTu ~ t:' ';:-MP.LO 'f'~-k.$. , Are, you a r~gistered voter?, V$.'S' , ' '" ' " '" ,Are you eI,rtpl.oyedby the CitY?ACL...Do you 'h'o14 ,p~biic office? fi/D ,At the preseht t,ime, do, you serve on any otlier Boards. or coinmittee,s'? 'va ,If so, list each: ".. , H~rire )fou evel;' served on any boards, agencies, or cCimmitte~s? YES If so, l~st each::PRE,c;/nE:A/r~ (!,~.N'T~RL ,cLDRtJiqHEIlCS-R GARE' ,fJoALtr(ofJ~, MEMi3t:~.. arlt/rlff/<:.- FJ-off 10 It J.I~OJ(AR/ R~~u:~ C:.f= ~ ,~v1' 0 Ii,.,..; ;i{~jr.{ j~~R- #DP1PSj J=l.. L.JffiOR'REL. (f)M.~j H~E.; M~Jf.(i3(;~-:- WClRL..!:> ('..uP SL)C.CER. CilJ((M I (r~:G'" Ele.L."IJboJ (!.IbIJ1?M~JV~ ~1Jb-~4rl1lrr:~ ud'1,~. ..' l?.t"::JL"L/C/k.~ t2H-tjJR-SrRFF PIIIUHS~ Ra:?l...f:l:>jo.J5~lInu:.' ftJ$M.8~'R..- U!:NTKAL FL. /Jteo~ RJ::L ".(B~ AND ~TTEE MEMBERS MAY BE, REQUl", t> TO.lpILE ,WITH THE STAn, (!..o,u;JC-IL6 FmANCIAL OISCLpS~ 'FO~:nCB UAR) , ' ,', " , , ,", PLEAS,E ZNOlCA'l'E BOAlU)S oa CXHa'fDES Y9Q ,WoULD LIRE, 1'0 SJ;RVEON AND' ~1'BEM ACCo1u)J:NG. TO caOICE BY NUMBER ---,---,. ANIMAL 'CONTROL BOARD ~CITIZENCODE ENFORCEMENT BOARD --..:-:..CON'STRUCTION REGULAT~CiN BOARD ~ECONOMIC DEVELOPMENT BOARD ~FIREFIGHTERS PENSioN BOARD '_GENERAL EMPLOYEES PENSION BOARD' , , ,,~LIBI\ARY 'BOARD ~RECREATION & CULTURAL SERVicES '~PLANNING &ZONr~G BOAM , , ---.:..POLICE FE,NsrON ~OARD _:__;,_.vETE~S ,PARK ADV. COMMITTEE SIGNA~rjRE~~.&J.,(ie~. ..... DA~E: LZ,l~-u>o~ SEE REVERSE SID FOR BOARD AND COMMITTEES LISTINGS (2-10-03) , APPLICA nON FOR APPOINTMENT TO 1 0 - 26 - 04 All : 27 Rev 0 CITY BOARDS AND COMMITTEES , ~ filMY !?e IV~-:-~ f Jo :? f; .tQt,,~,e~ f/a!c ( WI Home Phone ~!6 - t,f i? ~ - 4" ~ g ~ Business Phone ~ V~( If eI$. dJ ..-(N 11 t v^ Name Address p. . Cv I we ~8' ~ -lp;:{ ~ -7(: ,,'rC) Occupation Are you a registered voter? -4. to. t? Voting District Are you a resident of Edgewater? f e. C, How long? Y 'f e~c; Is your principal place of employment in Edgewater? 'Y e S If yes how long? --- Briefly state your interest in serving on a City board or committee: t'O f-A/s A,;-e State your experience/qualifications If (:;. f f" ~. t , . 5~v le-e ('-( ~ f!J I.t;,-t '-" ~ / tJ/l/C-~ ~~r( I Are you employed by the City?.-&.tL Do you hold public office? Nt:) At the present time, do you serve on any other Boards or committees? If so, list each: /VI) Nt e.. Have you ever served on any boards or committees? ---., If so, list each: ---. (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER _ANIMAL CONTROL BOARD 5- CITIZEN CODE ENFORCEMENT BOARD _CONSTRUCTION REGULATION BOARD ~CONOMIC DEVELOPMENT BOARD _FIREFIGHTERS PENSION BOARD Signature (REVISED _GENERAL EMPLOYEES PENSION BOARD ~LIBRARY BOARD lRECREATlON & CULTURAL SERVICES APLANNING & ZONING BOARD _POLICE PENSION BOARD TERANS PARK ADY. COMMITIEE Dare~11 0/ t7 r 03-10-05P03:07 RCVD Crrt OF Ii:DGE'" A'j ECONOMIC DEVELOPMENT EO, ADDENDUM To Application for Appointment to Economic Development Board 1. Would you be able to commit to one or two meetings a month, outside assignments, and attend occasional City Council meetings? fi yes 0 no 2. What do you think the purpose and function of the Economic Development Board are. 1', f Ilv"'~ 1-lt {. h tt~ e;l () of.. (}e /8e fit,<< i- ~jk. 1:- d,...,. ~ Jc9& 1H..~JelU{~e/M-"''I- ,jA t'6e- e~I(cEf (',/L It-+e~ 3. Do you have knowledge ofEdgewater's current political and economic climate? ~es 0 no 4. ~e~tle.c ~vt(J 5. Have you had direct contact with the process of building or managing a business in Edgewater? 'let? ]' 4CU7L 91''H(') ~C/S(lfrt$ C;({Jrc/~r 6. Do you have knowledge of how the pty departments work; i.e. Community Development, Engineering, Code Enforcement? !f! yes 0 no 7. What kind of impact do you think your opinions might have on economic development? b I'..e, I" +- ~ r -1, y _ D tv,. ~ 6c;s I~ .. 'H-e... e.., "f :t It.~ v-i (~"- .~ k(,,<> ( ....-?if.. ~<sfy. T ~)~" ~-It ",,{.I, N . 5tv~ 8. What do you see as a goal of an economic development association in the next year; the next five years)- () , [; ~ ~1-~ ~ (/.$ ll1&~ /:;.e-. Ue-Go e ~4k'f--- . - 1/22/98 P.O. Bo> E<4;ew4(cr, PL 32132-<, 9()-I-.j~-1-2.j].jj F.u;: 90.j-42.J-~ \ ~.\H,d-I"IJl".~H.l,I"lldIJlJI Jpp , ~, THE CITY OF EDGE WATER POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 APPLICATION FOR APPOIN'l'MENTTO CITY BOARDS OR COMMITTEES, NAME -:Sect f\)1~ ~Ho\leR ADDRESS ~ II ~ ~il Jg T~g ~P?~I<n~' I .Ii??' 3''1.-/~) 7'00' qftrD HOME PHONE ~~(P y..1....(g 0 .3~, BUSINESS PHONE .3 8'LP ifi (p.., I'r-& I!n~~~ .' -. , " 9CcuPATrON' rvn \" A-l-e I.oco 5, ~dr(Ja +'\u.L / ?~.je, /1lJi/32 Are you a resident of Edgewater~J4, ' Ho long, /0"" ~(J~ ' ')/.LV , S"f~ , or Is your principal place of employment in E:dgewater? if yes how long? ~r~~fly state yorir interest in ~erving on a City board ",-, , coromittee:&a;~"'(J) ~~ ~ ,'rJ- ol.LJ~A4X-1J~+ " ,~M~tl (1 i~ . ' , " ",,', " " ',' ,', ' . S~~;~:~i~1;~~:~;~::t;~~dP:g~ Are. %',1 a regi tered voter? . # . . Are you employedhy the City?.1::?Q..Do you hold ,public office? NO At the preseht time, dQ you serve on any other Boards or coinmittees? YH- If so, list each: ," ,~~.J'HPd...) ", ' Have you ever served on any boards, agencies, or commi ttees? ~.t4--' If so, l,is"t ea, Ch, ',: -, ',0~{>o::~,~ Ii,' ,~,-_ .~, A'YJ"iw ~"" ' ''/I, ~-,' W~~~~l9~~ . (BOARD AND COHMITTEEMEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS nCH YEAR) PLEASE INDICATE BOARDS OR COMMITTEES YOU WOULD LJ:KE TO SI!:RVS ON A..'"ID PJ\NK THEM ACCORPJ:1lG TO CaOlCE BY t..'OMBER SIGNATURE SEE REVERSE SIDE FOR B ' _____GENERAL EMPLOYEES PENSION, BOARD ~LIBl\ARY BOARD _____RECREATION & CULTURAL SERVICES _____PLANNING & ZONING BOARD _____POLICE PENSION BOARD _____VETE~S PARKADV. COMMITTEE -,--ANIMAL 'CONTROL BOARD _____CITIZEN CODE ENFORCEMENT BOARD _____CONSTRUCTION REGULATION BOARD ~ECONOMIC DEVELOPMENT BOARD DATE: S (2-10-03) JD/2--r.;}113. r 0'- (p ~cJ-j<' s;.hl/ inkv. APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES 03-20-06Ar9~35 FilE Name~ / A- So f<r:c, Address l q / 6 ~~ ~ f 0 t'" }') y/ C dSE? Wc.A-(:>'/ Home Phone.~ [)h --426- ~ (({ t;'t . .' Business Phone Occupation \J V (!' ?)sLU,(bf.) I : +e~Q~,r \ - .r- '? +:-1 Ctl(.':> 52. I Cf J ./ Are you a registered voter? 'f t?5 Are you a resident of Edgewater? ''I c? .5 Is your principal place of employment in Edgewater? V oting District~ ~~l v;__ Ccl (... r'l t.y- How long? it 0 Y /5 'jes If yes how long? :2 \/ '5 I Briefly state your interestin serving on a City board or committee: -=to ~GI p WI +h +k Ct jAr rh~ I Fe) r~ (c,A'/~c; ~ '. State your experience/qualifications .1- 0L V'1. (A f7 P -1-0 I .J he"r c....... J.-L d {. e -e { :+' 1/1 (A \) €. c:::; t?J. {VI. e. C'ip y.> y'e plC' P \AJ j --It-. C1.. I^-\ yY\.Ct... IS Are you employed by the City?~Do you hold public office? At the present time, do you serve on any other Boards or committees? 11.. V If so, list each: Have you ever served on any boards or committees? t'\ 0 If so, list each: . ; Cy~\ . r ' . c l. f ., ... . ... : ;'l<< f t"-'t<,)I.'jt fj 1))~ /~;I . l ~$ ,t ~lh~rt~1 ~~~ j::v< ~ f /~. ,.-',... ;1;, ~ , ~ ~ ~, ~. t (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER 4J. ANIMAL CONTROL BOARD -.6..GENERAL EMPLOYEES PENSION BOARD ACITIZEN CODE ENFORCEMENT BOARD L LIBRARY BOARD .3..CONSTRUCTION REGULATION BOARD ~RECREATION & CULTURAL SERVICES ~PLANNING & ZONING BOARD SFIREFIGHTERS PENSION BOARD 10 POLICE PENSION BOARD LL-VETERANS PARKADV. COMMITTEE Signaturc!Jel-~ .c;~ (REVISED (2-10-04) -- r Date S-17- 6 {.; AGENDA REQUEST Date: 6/1/06 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT XX OTHER BUSINESS ITEM DESCRIPTION: McCartney Drainage Easement 707 West Park Avenue BACKGROUND: During the site plan review of a proposed Warehouse development to be constructed at 707 West Park Avenue in the City of Edgewater, City Staff requested the property owner be granted by the City a non "exclusive drainage and access easement to connect to the City owned and maintained drainage canal at this location. The stormwater engineering for the site has been reviewed and approved by the City's consulting engineers, and provides for connection to the existing canal. STAFF RECOMMENDATION: Staff recommends granting of this easement. ACTION REQUESTED: A motion to approve the Non-Exclusive Drainage and Access Easement Agreement signed by Dan McCartney, and to authorize the Mayor to execute the easement on behalf of the City. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO DATE: AGENDA ITEM NO. Respectfully submitted, ~~~,~ Department Db-ector C:\l'vfy Dociment.s \ T errysFiles \AgendaRequest. FOLEY May 26, 2006 FOLEY & LARDNER LLP ATTORNEYS AT LAW 111 NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FL 32801.2386 P. O. BOX 2193 ORLANDO, FL 32802.2193 407.423.7656 TEL 407.648.1743 FAX www.foley.com VIA FEDERAL EXPRESS WRITER'S DIRECT LINE 407.244.7133 npalmer@foley.com EMAIL CLIENT/MATTER NUMBER 025581.0101 Jill Danigel City of Edgewater 104 N. Riverside Dr. Edgewater, FL 32132 Re: McCartney Drainage Easement Dear Jill: Please find enclosed the original Non-Exclusive Drainage and Access Easement Agreement signed by Dan McCartney. The legal description and sketch of description for the easement area should be attached as Exhibit "A" and then this item should be placed on a City Council agenda. Please contact me if you have any questions. Very truly yours, yfJ;di 4- Nicholas N. Palmer BOSTON BRUSSELS CHICAGO DETROIT JACKSONVI LLE LOS ANGELES MADISON MILWAUKEE NEW YORK ORLANDO SACRAMENTO SAN DIEGO SAN DIEGO/DEL MAR SAN FRANCISCO SILICON VALLEY TALLAHASSEE TAMPA TOKYO WASHINGTON, D.C. ORLA_ 412982.1 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Nicholas N. Palmer, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 For Recording Purposes Only NON-EXCLUSIVE DRAINAGE AND ACCESS EASEMENT AGREEMENT THIS NON-EXCLUSIVE DRAINAGE AND ACCESS EASEMENT AGREEMENT (this "Easement Agreement") is made and entered into this day of , 2006 by and between the CITY OF EDGEW A TER, a Florida municipal corporation, whose mailing address is 104 North Riverside Drive, Edgewater, Florida 32132 (hereinafter referred to as the "Grantor") and DAN McCARTNEY, whose mailing address is 1109 W. Church Street, Orlando, Florida 32805 hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships (including joint ventures), public bodies and quasi-public bodies.) WIT N E SSE T H: That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations in hand paid to Grantor by Grantee, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, convey and warrant to Grantee, its successors and assigns forever, a non-exclusive drainage and access easement under, over, through and across that certain piece, parcel or tract of real estate situated in V olusia County, Florida, more particularly described as: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE (hereinafter referred to as the "Easement Property"). The easement granted is more particularly described as the non-exclusive right and privilege of vehicular and pedestrian ingress and egress over, under, upon, and across the Easement Property as is reasonably necessary for the convenience of Grantee, its employees, agents, contractors, consultants, invitees, and licensees for the purpose of constructing, operating, repairing, and maintaining an underground drainage pipe and other related appurtenances for the passage and flow through such pipe, and for the non-exclusive right and privilege to utilize and connect to the drainage canal currently located within the Easement Area ORLA_ 412771.1 for drainage and stormwater related purposes, and for no other purpose, together with the rights, easements, privileges and appurtenances in or to said land which may be required for the full enjoyment of the rights herein granted. Grantee, its employees, agents, contractors, consultants, invitees and licensees shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with normal operation or maintenance of the drainage pipe and other related appurtenances. Grantor reserves the right to utilize the Easement Property for any purpose that does not interfere with the use of the Easement Property by Grantee for the purposes set forth herein. This easement shall not be construed to grant the general public any rights or privileges with respect to Easement Property. The easement, rights and privileges granted herein shall be perpetual. Grantee agrees to promptly repair any damage to the Easement Area arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of any rights by this Easement Agreement. Grantor hereby covenants with Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey the said easement. Grantee agrees to indemnify and hold harmless Grantor from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether incurred before, during or after trial, or upon any appellate level), arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of any rights granted by this Easement Agreement. {Signature Pages Followsl 2 ORLA_412771.1 IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement Agreement to be executed as of the day and year first above written. Signed, sealed and delivered in the presence of: GRANTOR: ATTEST: CITY OF EDGEW A TER, a Florida municipal corporation By: SUSAN J. WADSWORTH MICHAEL L. THOMAS, Mayor Executed on: ,2006 For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality this _ day of , 2006 APPROVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER AT A MEETING HELD ON THIS DAY OF 2006 UNDER AGENDA ITEM NO. By: Name: CITY ATTORNEY Foley & Lardner LLP G Date:JAAW 2 ~ I ,2006 3 ORLA_ 412771.1 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 make acknowledgements, personally appeared MICHAEL L. THOMAS and SUSAN J. WADSWORTH, well known to me to be the Mayor and City Clerk, respectively, of the City of Edgewater, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2006. Notary Public Name: My Commission Expires: STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared DAN McCARTNEY to me known to ~e t~e )'erson d~scribed in and who executed the foregoing instrument or produced ~ ~~as identification and he/she acknowledged before me that he/she executed the same. if;::;. WITNESS my hand and official seal in the County and State last aforesaid this ;;(ftJ day of LflJOwf ,2006 ~~cY~.' ......".., JUDITH L HENNING 22 N Y Public d ~~li\".rl\Pif'~ MY COMMISSION # DO 2466 -Ii ; . .-.: EXPIRES: september 3, 2007 Name'. .-.r-:-? () /' L . eN ;J / f - ) q . Bonded Thru NoIary Public UndalWrtterS ~ l/ - I'll T My Commission Expires: 4 ORLA_ 412771.1 EXHIBIT A EASEMENT PROPERTY [See Attached Sheets] 5 ORLA_ 412771.1 '\ro9-n ~9-\. 9-S\' \, CO ~8-1) ~9-S . i\}\.....O{.... \.n9- 00' ~\.g, ~\O~ ~Y50' \\.'P- e . t \1 C013-S \l.er t SOu.t "f,l3-S 0. , 0.13- '\rOl3- I;O::~ \.pt'3 \i'P-e, ter\1 ~eS . NORTH . ~ ...." RECEIVED MAY 0 1 2006 ~~ t:OgeWaltll -nnupment Services o~ ~~~rt VO\~rt ~~C~lPt '36 co)l\)A: litle. litle. t terl1 t"p.er11 co13-S ~eS sou. f,13-St &. '0.6 60. flor1. ~13-ilro \ (J) .v~o ~~ ~. \tA POINT OF BEGINNING Drainage EaseInent \ \ \ \ LOT 36 G. ALVAREZ GRANT MAP BOOK 3. PAGE 137 Holt Surveying, Inc. 16 1 N. Central Avenue, #703 a ler Beach, Florida 32136 h' n ' 407-297-1099 .ee Holt PSM #3989 .B. #6015 NOT A BOUNDARY SURVEY For: City of Edgewater Scale: 1"=10' Date: 04- 23-06 Prepared By: Dash SHEET 1 OF 2 Donald Lee Holt PSM#3989 L.B. #6015 Date: ......, ; . Exhibit "A" ...., LEGAL DESCRIPTION: A PORTION OF LOT 36, OF THE ASSESSOR'S SUBDIVISION OF THE G. AL VAREZ GRANT, AS RECORDED IN MAP BOOK 3, PAGE 137, OF THE PUBLIC RECORDS OF VOL USIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A T THE POINT OF INTERSECTION BETWEEN THE WESTERLY LINE OF LOT 36, OF THE ASSESSOR'S MAP OF THE G. AL VAREZ GRANT, AS RECORDED IN MAP BOOK 3, PAGE 137, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, WITH THE SOUTHERL Y RIGHT OF WA Y LINE OF THE FLORIDA EAST COAST RAILROAD, A 150 FEET WIDE RIGHT OF WA Y; THENCE RUN SOUTH 22 DEGREES 39 MINUTES 51 SECONDS EAST ALONG THE AFORESAID WEST LINE OF LOT 36 A DISTANCE OF 26.71 FEET TO THE POINT OF BEGINNING; THENCE INCLUDING ALL LANDS LYING 7.50 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED LINE RUN NORTH 67 DEGREES 54 MINUTES 35 SECONDS EAST 40.00 FEET TO THE POINT OF TERMINA TlON. THE SIDE LINES OF SAID AREA BEING EXTENDED TO FORM NA TURAL INTERSECTIONS WITH THE WEST LINE OF SAID LOT 36. SURVEYOR'S NOTES: 1) Subject to easements and restrictions of record. 2) Bearings shown hereon are based on the Westerly line of Lot 36, of G. Alvarez Gran t being S.22.39'51 "E. 3) Lands shown hereon were not abstracted by surveyor for rights-of-way, easements, ownership or other instruments of record. 4) No title opinion or abstract of matters affecting title or boundary to the subject property or those of adjoining land owners have been provided. There may be deeds of record, unrecorded deeds or instrumen ts which could affect the limits of the above described property. 5) This sketch of description is not valid without the signature and the original raised seal of the Florida licensed surveyor and mapper. FOR GRAPHICS SEE SHEET 1 OF 2 For: City of Edgewater Scale: 1"=10' Date: 04- 23-06 Prepared By: Dash Holt Surveying, Inc. 1601 N. Central Avenue, #703 Flagler Beach, Florida 32136 Phone: 407-297-1099 Donald Lee Holt PSM #3989 L.B. #6015 SHEET 2 OF 2 AGENDA REQUEST Date: June 8, 2006 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD APPOINTMENT CONSENT --.:L{' (1 loG. OTHER BUSINESS ITEM DESCRIPTION: Agreement giving the City approval to utilize vacant property located at the comer of Lamont and North Ridgewood Ave. and property located with the Edgewater-New Smyrna Cemetery for parking during the July fireworks demonstration to occur on July 4, 2006. BACKGROUND: As in previous years, the Fire-Rescue Association has located alternative parking areas that will conveniently accommodate visitors for the July fireworks demonstration to occur on July 4, 2006. These parking areas are the vacant lots located at the comer of Lamont and North Ridgewood Ave. and property located with the Edgewater Cemetery. The owners of the properties have once again agreed to allow the City of Edgewater to use the properties subject to the terms and conditions set forth in the attached agreement. STAFF RECOMMENDATION: Staff recommends that the City Council give approval for the Mayor to execute the Event License Agreements for the use of the above mentioned properties for parking during the July fireworks demonstration to occur on July 4, 2006. ACTION REQUESTED Motion to approve attached agreements and authorize ele Mayor to execute. FINANCIAL IMP ACT: (FINANCE DIRECTOR) N/ A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A PREVIOUS AGENDA ITEM: YES NO XX DATE: N/A AGENDA ITEM NO. ~A" Robin Matusick ~ Paralegal /,,~ ' """\"".. \ "-' . <..Jv.... "^-J~~~. . Jo Williams \ Inte im City Manager l CITY OF EDGEW ATER EVENT LICENSE AGREEMENT (PARKING - 4TH OF JULY) THIS CITY OF EDGEW ATER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this day of , 2006, by and between the CITY OF EDGEW ATER ("City") and Edgewater-New Smyrna Cemetery, whose address is 2110 John Anderson Drive, Ormond Beach, Florida 32176 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring a 4th of July fireworks show, which will be held on July 4, 2006, within the City of Edgewater (the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater in the 700 Block of South Ridgewood Avenue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on July 4, 2006. 4. Insurance: Indemnification.In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City (AgreementlEvent License Agreement - Heat 2 - 4th of July, 2006) 1 5. hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of, related to or caused by the City or its invitees in the exercise of any of the City's rights hereunder. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: OWNER: Edgewater-New Smyrna Cemetery Inc. Represenati ve Dated: ATTEST: CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Legal Assistant/Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: City Attorney, Foley & Lardner Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2006 (AgreementJEvent License Agreement - Heat 2 - 4th of July, 2006) 2 CITY OF EDGEW ATER EVENT LICENSE AGREEMENT (PARKING - 4TH OF JULY) THIS CITY OF EDGEW ATER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this day of , 2006, by and between the CITY OF EDGEW ATER ("City") and NOW, INC., whose address is 115 North Ridgewood Avenue, Edgewater, Florida 32132 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring a 4th of July fireworks show, which will be held on July 4,2006, within the City of Edgewater (the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater at the corner of Lamont and North Ridgewood Avenue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on July 4,2006. 4. Insurance: Indemnification.In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property (Agreement/Event License Agreement - Now - 4th of July, 2006) 1 5. as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of, related to or caused by the City or its invitees in the exercise of any of the City's rights hereunder. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: OWNER: NOW, INC. Mohammed M. Azam, Owner/President Dated: ATTEST: CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Legal Assistant/Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: City Attorney, Foley & Lardner Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2006 (Agreement/Event License Agreement - Now - 4th of July, 2006) 2 AGENDA REQUEST Date: June 9,2006 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS X - - ITEM DESCRIPTION: Kennedy Park Fishing Pier BACKGROUND: The City of Edgewater has received two Grants to construct a fishing pier with gazebo along the east seawall of Kennedy Park. This is the first phase of renovations to the park. The Grants from Ponce De Leon Inlet & Port District and Florida Inland Navigation District, total to the amount of $121,770.00. The remaining funds to complete the project, in the amount of$7,730.00 are budgeted from Recreation Impact Fees. Staffhas received a bid through the Continuing Contracting Services for the City of Edgewater from Antinori Group, Inc. for the construction of the pier and gazebo for the amount of$129,500.00. STAFF RECOMMENDATION: Staff recommends that Edgewater City Council authorize the Mayor to enter into the agreement with Antinori Group Inc. for the sum of$129,500.00 to construct the Fishing Pier with Gazebo at Kennedy Park. Also, staff recommends that Edgewater City Council authorize the Interim City Manager to issue the work order for this project, upon execution of the agreement. ACTION REQUESTED: Motion to authorize the Mayor to enter into the agreement with Antinori Group Inc. for the sum of$129,500.00 to construct the Fishing Pier with Gazebo at Kennedy Park and authorize the Interim City Manager to issue the work order for this project, upon e~on of the agreement. /7 .----- I FINANCIAL IMP ACT: (FINANCE DIRECTOR) :I /~ L I ~ . SPECIFY IF BUDGET AMENDMENT IS REQUIRED) " -1 ----.. ~ --:'l \ (., ('" _, ------.. . ..1..., ,''\..__..'L.. . (' "''-Jc~'L'. .....) L\ '<". ..I....lv...""'.\ '--C.)....\~. \J~~\~':, ~-::\ (~:-.<:..,,'-~..~.--.,c-:.'\.~c..''''-. ';>.."'-<:'_..'~~ . '. ) ~,. . \ <"~-A."L ,~.'-.... \-.: "-:...:. c \ (. ,-L ~ I, . ,\...~ ",_~', .j~~~c... -,,-'-~ \ ~ . "-".) ~tJ \2, ',,-- PREVIOUS AGENDA ITEM: YES NO X -- DATE: AGENDA ITEM NO. . ~. . ,.~~..c' Robin Mat sick ~ Para Legal cl:~~ Interim City Manager 1 c Corder Department Director ANTINORI MANAGEMENT GROUP, INC. 5204 S. Ridgewood Ave. Port Orange, FL 32127 386-761-2805( 0) 386-761-4311(t) AntinoriConstruction@yahoo.com Estimate Date Estimate # 6/8/2006 29 Name / Address City of Edge water Jack Corder P.O. Box 100 104 N. Riverside Dr. Edgewater, FL 32132 Fishing Pier Description Qty Rate Total Construct 10' X 140' Fishing Pier 26' Gazebo and a 10" walk way 129,500.00 129,500.00 around gazebo according to plans Total $129,500.00 J --- --- I I 1 I I Ii IIi .~~ !PP IJlj I i 1 lurll t J H!!!!~!!!l! I I I I I I I I I ~ ~ .. I [pI - fil I~ I ~ ~:I I I I f r' 11 f (I , I I 1/ II I J ~ I J I 3 , I I I , J I I I . i I It I II , ~ J . , 2 I ", . ; I , , 5 ! ~ I , .;., II J I t II - , J I ! I ) ) I ~ , J I/r~ I I) I e I J r ' \' III 5 > I I JIr I : 3 ,Ii - -. I U I ! , J II J > I I I, u I )\ J I .J !/ it r I. l' .. 1* I I ; f r 1 , I f J' I 1= I --I ~ ......-- 'Ia! J! td~ I: "'", J .,.--- ~ ~~~~~~ ~ , ! ! !~.....' 3 i '. . -InrI. I .~ I~I~ . 1.11 " 'I h' '1 AGREEMENT FOR PROFESSIONAL CONTRACTING SERVICES KENNEDY PARK IMPROVEMENTS THIS AGREEMENT, made this day of ,2006, by and between the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, (hereafter called the "City"), and ANTINORI MANAGEMENT GROUP, CORPORATION, (hereafter called the "Contractor"). In consideration of the mutual covenants hereinafter set forth, City and Contractor agree as follows: 1. PURPOSE. Contractor agrees with the City, for the consideration set forth herein at his, its or their own cost and expense to do all the work and furnish all materials, equipment, supplies, and labor necessary to carry out this Agreement in the manner and to the full extent as set forth in the accompanying plans, drawings, specifications, and addenda if any, and under security as set forth in the attached contract guarantee, and to the satisfaction of the duly authorized representatives of the City, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Agreement. 2. GENERAL DESCRIPTION OF WORK (SCOPE). It is agreed that the work to be done under this Agreement is: The furnishing, delivery and construction per construction plans of a Fishing Pier on City property located at Kennedy Park, 101 N. Riverside Drive, Edgewater, Florida, consisting in size of 10 foot (10') by 140 foot (140') Fishing Pier with a 26 foot (26') Gazebo and 10 foot (10') walk around, Construction will also include: necessary signage and barricades as needed, site preparation and cleanup. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by all governmental agencies permits. 3. PROJECT MANAGER. The Project Manager for the City of Edgewater is Jack (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 1 Corder, Director of Leisure Services at (386)424-2485. The Project Manager for the Antinori Management Group, Inc. is Antonio Antinori at (386)761-2805. The parties each shall direct all matters arising in connection with the performance of this Agreement, other than as specifically set forth herein, to the attention of the other party's Project Manager for attempted resolution or action. The City's Project Manager shall be responsible for interpretation and overall resolution of Contractor's questions. The Contractor's Project Manager shall be responsible for overall coordination and oversight relating to the Contractor's performance of this Agreement. If the City's Project Manager cannot resolve the situation, an Appeal will be forwarded to the City Council whose decision shall be final. 4. PERFORMANCE WARRANTY AND GUARANTEE. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects discovered by the City shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided herein. 5. TESTS AND INSPECTIONS. A. City's Project Manager, testing agencIes and governmental agencIes with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. B. Contractor shall give City's Project Manager timely notice of readiness of the Work for all required inspections, tests or approvals. C. If laws or regulations of any public body having jurisdiction require any W ork (or part thereot) to specifically be inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish City's Project Manager the (Agreement/Contractor- Kennedy Park - Fish ing Pier-2006) 2 required certificates of inspection, testing or approval. Contractor shall also be responsible and shall pay all costs in connection with any inspection or testing required in connection with City's Project Manager's acceptance of a supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. D. All inspections, tests or approvals other than those required by laws or regulations of any public body having jurisdictions shall be performed by organizations acceptable to City and Contractor. E. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of City's Project Manager, it must, if requested by City's Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given City's Project Manager timely notice of Contractor's intention to cover the same and City's Project Manager has not acted with reasonable promptness in response to such notice. F. Neither observations by City's Project Manager nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 6. DEFECTIVE WORK. A. If Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. However, this right (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 3 of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor or any other party. B. Ifrequired by City, Contractor shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or complete, or, if the work has been rejected by City, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. C. If within one (1) year after the date of final payment by the City any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, either correct such defective Work, or, ifit has been rejected by City, remove it from the site and replace it with non-defective Work. City may have the defective Work corrected or the rejected Work removed and replaced. If Contractor does not promptly comply with the terms of such instructions, or in the case of an emergency where delay would cause serious risk of loss or damage. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by Contractor. D. If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall bear all direct, indirect and consequential costs attributable to City's evaluation of and determination to accept such defective Work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and City shall be entitled to an appropriate decrease in the Contract Price. (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 4 7. TIME OF PERFORMANCE. The contract time will commence on the date specified in the written notice to proceed. The work shall be substantially complete within fifty (50) days from the date the contract time commences and completed and ready for final payment within sixty (60) days from the date the contract time commences. The work shall be conducted in such a manner and with sufficient labor, materials, tools and equipment necessary to complete the work within the time limit set forth herein. Should the organization of the Contractor, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stated time, then the City shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the work as planned within the required time and to charge the cost of all such work against the Contractor and his, or its Surety shall be held responsible therefore. 8. DELAY DAMAGES. It is mutually agreed between the parties hereto that time is of the essence in this Contract, and in the event the construction of the work is not completed within the time specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain the amount of thirty five dollars ($35.00) per calendar day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the City will have sustained per calendar day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated damages the City will have sustained in event of such default by the Contractor. 9. CONTRACT PAYMENT. The City shall pay the Contractor for the performance ofthis Agreement and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total amount of: One hundred and twenty nine thousand five (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 5 hundred dollars and no/IOO ($129,500.00). 10. PAYMENT SCHEDULE. The City shall make payments on the Agreement as follows: Contractor shall submit progress payments during the process of construction in amounts not to exceed ninety percent (90%) of the amount due on the Agreement on the basis of work completed as certified by the Contractor and approved by the City's Project Manager. Contractor shall submit a payment application sufficient for audit purposes to the City's Project Manager. Upon the completion of the work the Contractor shall provide the City's Project Manager with written notice that the work is ready for final inspection and acceptance. After written notice by the Contractor, the City's Project Manager shall inspect the work to determine whether the work is acceptable under the Agreement and that the Agreement has been fully performed. Upon completion of the work the Contractor shall submit evidence satisfactory to the City that all payroll, material, bills and other indebtedness incurred by the Contractor in connection with the construction of the project have been paid in full. After the work has been inspected and approved and after the Contractor has submitted satisfactory evidence of payment, the City's Project Manager shall promptly issue a final certificate. Final payment shall be due within fifteen (15) calendar days after the City's Project Manager issues the final certificate. 11. AUDIT. The Contractor agrees that the City or any of its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Agreement. The Contractor agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 6 thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Contractor shall refund by check payable to the City the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or three (3) years after completion of the project and issuance of the final certificate, whichever is sooner. 12. FINAL RECORDS. The Contractor shall allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 13. CONTRACTOR RESPONSIBILITY. The Contractor is an independent contractor and is not an employee or agent of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Contractor shall take the whole responsibility of the work and shall bear all losses resulting to him, or it, on account of the amount or character of the work, or because the nature of the ground in or on which the work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatever. Until final completion and acceptance of the work by the City, the Contractor shall protect the entire work, all materials under the Agreement and the City's property (including machinery and equipment) in, on or adjacent to the site of the work from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever. Should any damage occur by reason of any of the foregoing, the Contractor shall (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 7 provide repairs at its own expense to the satisfaction of the City. Neither the City nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the work of the Contractor. At its expense, the Contractor shall take all necessary precautions, including without limitation, the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property. Including without limitation, in the term persons shall be members of the public, the City and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said work is being performed. Contractor shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk ofloss, damage and destruction to all of his or its materials, tools, appliances, and property of every description and that of his or its subcontractors and oftheir respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Agreement. The Contractor agrees to forever save and keep harmless and fully indemnify the City, its Officers, employees and agents of and from all liabilities, damages, claims, recoveries, costs and expense because of loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Agreement except as shall have been occasioned by the sole negligence of the City. (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 8 16. MINIMUM INSURANCE REQUIREMENTS. A. 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; and (2) a certified copy of each policy, including all endorsements. The 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. 2. 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 ofliability 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. 3. Automobile Liability Insurance coverage shall be the minimum amount or $500,000.00 combined single limits for Bodily Injury and Property Damage. B. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall reqUIre that at least thirty (30) days pnor to expiration, (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 9 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 of this requirement to provide notice. 2. The City of Edgewater shall be endorsed to the required policy or policies as an additional named insured. 17. DEFAULT; TERMINATION. If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default fifteen (15) calendar days from the notice date to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration ofthe fifteen (15) calendar day time period. With regard to the Contractor, the following items shall be considered a default under this Agreement: (1) If the Contractor should be adjudged bankrupt, or ifhe, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or is otherwise guilty of a substantial violation of the provisions of the Agreement. (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 10 In the event of termination, the City may take possession of the premises and all materials, tools, and appliances, thereon and finish the work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. If such expense of finishing the work shall exceed such unpaid balance the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. 18. ASSIGNMENT. Contractor shall not assign this Agreement or its obligations hereunder without the prior written consent of the City. 19. ATTORNEY'S FEES AND COSTS. In the event the Contractor defaults in the performance of any of the terms, covenants and conditions of this Agreement, the Contractor agrees to pay all damages and costs incurred by the City, including reasonable attorney's fees. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to City: With copies to: City Manager City of Edgewater P. O. Box 100 Edgewater, Florida 32132-0100 Legal Department City of Edgewater P. O. Box 100 Edgewater, Florida 32132-0100 Jack Corder Director of Parks & Recreation City of Edgewater P. O. Box 100 Edgewater, Florida 32132-0100 (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 11 If to Contractor: Antonio Antinori, President Antinori Management Group Corporation 5204 S. Ridgewood Ave. Port Orange, Florida 32127 21. INDULGENCE NOT WAIVER. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 22. AMENDMENTS. This Agreement may only be amended by a written document signed by both parties. 23. ENTIRE AGREEMENT. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties hereto. 24. BINDING EFFECT. All of the terms and provisions of this Agreement, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 25. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. 26. INTERPRETATION: VENUE. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit for V olusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be entered into the date and year first written above. ATTEST: Susan J. Wadsworth City Clerk Witness Witness (Agreement/Contractor-Kennedy Park-Fishing Pier-2006) 13 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Michael Thomas Mayor APPROVED FOR FORM AND CORRECTNESS: Robin L. Matusick Paralegal ANTINORI MANAGEMENT GROUP CORPORATION By: Antonio Antinori President P.O. # WORK ORDER NO. ~ AGREEMENT FOR PROFESSIONAL SERVICES CONTINUING CONTRACTING SERVICES ANTINORI GROUP, INC. PROJECT: Continuing Contracting Services for the City of Edgewater Kennedy Park Improvements CITY: Edgewater, Florida DESIGN PROFESSIONAL: Antinori Group, Inc. (General Contractor) Execution of Work Order Number 2 by the City, shall serve as authorization for General Contractor to provide professional services for the above project. AUTHORIZATION: In October 2005, the City advertised for "Requests for Proposals" from qualified General Contractor firms. During the City Council meeting on December 19, 2005, Council authorized selection of three (3) General Contractor firms for continuing contracting services in accordance with the "Consultants' Competitive Negotiation Act" (CCNA) pursuant to 9287.055, Florida Statutes (2005). During the City Council meeting held on June 19,2006, Council authorized and approved the Project of constructing a fishing pier and gazebo at Kennedy Park and authorized the Interim City Manager to enter into this Work Order with the Contractor for construction of the Project. RESPONSIBILITY OF THE CONTRACTOR: Contractor shall provide said professional services pursuant to this Work Order, to perform (Agreement/Contractor- Anti nori - W orkOrder#2) the professional services as listed in the Scope of Services and more fully described/depicted in the Project Plans, which are attached hereto and incorporated herein as Exhibit "A" and "B" respectively. TIME FOR COMPLETION: The professional services authorized by this Work Order shall be completed within sixty (60) days. COMPENSATION: The total fee for this Project will not exceed an amount of one hundred twenty-nine thousand five hundred and 0011 00 dollars ($129,500.00). Any modification required for additional compensation will be approved by the City by an amendment to this Work Order. Each invoice shall also be accompanied by a written concurrence from the Director of Leisure Services. The City may perform, or cause to have performed, an audit of the records of the Contractor after final payment. This audit shall be performed at a time mutually agreeable to the Contractor and the City subsequent to the close of the final fiscal period in which the last Work is performed. Total compensation to the Contractor may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Contractor. In addition to the above, if federal, state or county funds are used for any Work under this Agreement, the Comptroller General of the United States or of the State of Florida or of the County of Vol usia, or any representatives, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to Work performed under this Agreement for purposes of making audit, examination, excerpts and transcriptions. The stipulations contained in any federal, (Agreement/Contractor-Antinori- WorkOrder#2) 2 state or county grant pertaining to Contractor will be adhered to by the Contractor. Copies of such grants shall be furnished to Contractor. The Contractor agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to Work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the contract for audit or inspection as previously provided. Accounting books or records must be maintained for each Work Order. Incomplete or incorrect entries in such books and records may be grounds for disallowance by the City of amounts due based upon such entries. In the event any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, Contractor shall refund such overpayment to the City within thirty (30) days of notice by the City. CITY OF EDGEW A TER, FLORIDA Dated: By: Jon C. Williams Interim City Manager WITNESSES: ANTINORI GROUP, INC. By: Antonio Antinori President Dated: (AgreementlContractor-Antinori- W orkOrder#2) 3