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91-R-6RESOLUTION NO. 91-R-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT FOR JOINT PARTICIPATION PROGRAM III WITH THE PONCE DE LEON INLET & PORT DISTRICT, A DEPARTMENT OF VOLUSIA COUNTY GOVERNMENT, FOR CONSTRUCTION OF A 2.5 MILE BIKE PATH/RIVERWALK ALONG THE INTRACOASTAL WATERWAY ON RIVERSIDE DRIVE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1: The City Council of the City of Edgewater, Florida, authorizes the appropriate officials of the City of Edgewater, Florida to execute an Interlocal Agreement with the Ponce De Leon Inlet & Port District, a department of the Volusia County government, for construction of a 2.5 mile bike path/riverwalk along the Intracoastal Waterway on Riverside Drive. SECTION 2: A copy of said Agreement is attached to this resolution and by reference incorporated herein as if fully set forth and marked Exhibit "A". SECTION 3: That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 4: That this resolution shall take effect immedi- ately upon its adoption by the City Council of the City of Edge- water, Florida, at a Reeular meeting of said Council held on the 4 day of February ,199 1 , and approved as provided by law. This resolution was introduced and sponsored byr,,,,,-il1,ra,,., Gillespie and was read and passed by a vote of the City Council of the City of Edgewater, Florida, at a Regular meeting of said Council held on the 4 day of February , 199 1 _, and authenticated as provided by law. ROLL CALL VOTE ON RESOLUTION NO. 91-R-6 AS FOLLOWS: •Authenticated this y day MAYOR Approved for form: 2 Res. 91-R-6 INTERLOCAL AGREEMENT FOR JOINT PARTICIPATION PROGRAM III Whereas, the Ponce De Leon Inlet 6 Port District, a Department of Volusia County Government, had budgeted certain funds for assisting local governments in completing water related recreational improvements within the District boundaries, and Whereas, the Ponce De Leon Inlet 6 Port District and the City/My of Edgewater find the proposed project to be in the public interest of the citizens of the District, and Whereas, the Ponce De Leon Inlet 6 Port District has determined that Project No. JPP IIB2 91-4, a project of the City/QUUM 1C of Edgewater should be funded in the fiscal year 199 1_ A G R E E M E N T The Ponce De Leon Inlet 6 Port District, a Department of Volusia County Government, a dependent taxing district of the County of Volusia, created under the Laws of Florida (hereinafter referred to as "Port Authority"), and the City/dbJ1W of Edgewater a Florida Municipal Corporation (hereinafter referred to as "City/@aaaty"), agree as follows: 1 I . Within its 1990/9 fiscal year budget the Port Authority shall designate funds not to exceed the amount of $ 107,040.00 to be held for the City/S0tl7 1 of Edgewater , for the construction of Project No. JPP 'III 90/91-4 , generally described as: 2.5 mile bike path/riverwalk along the Intracoastal Waterway on Riverside Drive. The project commences at the north City limits and proceeds south. This project will link five (5) City parks together. See Exhibit "A" for more details. 2. The funds will be made available on a cost sharing basis (50E-50t) to the City/Coot" as the City/Qwm " incurs the debt. It is understood between the parties that the amount of funds designated in paragraph 1. is the maximum amount the Port Authority will provide, but the Port Authority shall only pay 50% of the actual costs up to the maximum. Ten percent (10%) of the grant funds will be withheld until the project is completed and all the requirements of this agreement are met. 3. The expiration date of this grant is Dec. 31, 1992 which is the date submitted by the jurisdiction as the proposed completion date. This grant may be extended by the Port Authority. To be considered for an extension the City/CN(ii Y; prior to the expiration date, must request an extension in writing. The correspondence should include (1) the new completion date and (2) the reason for the extension. 4. The City/QgUfhm agrees to construct the project according to the plans and specifications provided to the Port Authority which are attached hereto as Exhibit "A" and made a part of this agreement, unless the plans and specifications have been made part of a previous interlocal agreement for the same project. These plans to be attached as Exhibit "A". Any deviations and/or changes from the plans and specifications described in Exhibit "A" must receive the prior written approval of the Port Authority. Such approval shall not be unreasonably withheld. 5. It is understood by and between the parties that this is a grant of money only and that this agreement does not obligate the Port Authority to provide additional funds for said project or to otherwise be responsible for the completion of the project or for the operation or maintenance of the project after completion. 6. The City/%kKKft fully understand that there will be no reimbursement of funds by the Port Authority for any obligations or expenditures made prior to the execution of this agreement with the exception of j -0- for: 7. The City/MXMW shall provide all additional monies necessary to complete the project according to the plans and specifications and shall have submitted to the Port Authority competent evidence of their ability to complete the project prior to the date of the signing of this agreement in the form of a resolution adopted by their governing body. 8. To the extent allowed by law the City/XtXNXYY agrees to hold the Port Authority harmless from any and all claims, liabilities, rights, obligations arising out of the construction or operation of the project as described in Exhibit "A". 9. Signage showing Port Authority involvement is required. A. From commencement to completion one (1) 4 ft. x 8 ft. sign should be placed. See Exhibit "B" for design and wording. 3 B. Upon completion, a permanent 4 ft. x 4 ft. sign should be placed on site. See Exhibit "C" for design and wording. 10. The City/OMKUY agrees to provide the Port Authority with a series of photographs (color) showing the sequential stages of development of the project from commencement to completion to include photographs of dedication ceremonies or other activities associated with the completion of the project. 11. If, at any time, the City/== determines that they do not wish to expend the funds or that the project otherwise will not or can not be completed for whatever reason, the City/Coom" shall have the affirmative obligation to immediately notify the Port Authority in writing of that fact and provide the reasons therefor. The Port Authority, in their sole discretion, shall have the right to demand the grant funds back from the City/COUM. 12. The City/MMKXg agrees to be bound by special conditions to the grant attached hereto and made a part of this agreement as Exhibit "0". 13. The City/06W# agrees to be bound by the minimum guidelines for water recreation program attached hereto and made a part of this agreement as Exhibit "E". 14. The City/Wff#Sj( hereby agrees to comply with S255.05, Fla. Stat. (1988), by requiring a "Public Construction Bond" to ensure performance and payment for the prosecution and completion of the project. By their hands and seals, the duly authorized officers of these respective public entities, execute this document this day of 199 1 4 WITNESS: O 1 P COUNTY COUNCIL, VOLUSIA COUNTY FLORIDA, SITTING AS THE PORT AUTHORITY OF THE PONCE DE LEON INLET 6 PORT DISTRICT Chairman Attest CITY/HWfM OF Edgewater Authori ad DIP ial Attest 4.1 �.Xhlbit "lq , CITY OF EDGEWATER 404 N. RIVERSIDE DRIVE P.O. Box 100 - Edgewater. Florida 32132-0100 (904)428-3245 SunCom371-7005 August 20, 1990 RD AUG 2 Iggp PONCE DE LEON PORT, AUT14ORITy. Mr. Dan O'Brien, Coordinator Ponce De Leon Inlet & Port District 250 N. Beach Street Davtona Beach, FL 321t4-3315 Dear Mr. O'Brien, _ Per our discussions during the tour of the Riverwalk on August 15, 1990, 1 am sending you additional information on cost adjustments to construct this project. This will replace the adjustment, that I gave you on 8/15/90. - 1st Request: 50% matching grant Total $173,400. Additional Cost: Approx. 1,400. ft. of mulch walkway at 5.00 per ft. 7,000. 5 Benches at 125.00 EA. 625. 10 Trash cans S holders at 95.00 EA. 475. 2 Gazebo structures 10,000. Contingency of Project 2,240. f 20,340.00 In-house labor: match additonal costs Engineering 17,340— ._. Construct mulch wall::way L. gazebo structures 3.000. 6 20,340.00 Total Project Cost $e14,080.00 If you need any further information, please don't hesitate to call me at the above number. Sincerellyy, -, 3:�orde� Director of Parks L Recreation 7CC: bk sp ur CITY OF EDGEWATER spur" m our w/gazeb spur f Shown with optional hells THE PAGODA . benches and fiberglass shingles THE PAGODA DISPLAYS A LASTING STYLE IDEAL FOR AREAS pi WHERE A DECORATIVE APPEARANCE IS IMPORTANT. The hax ?L J agonal design features reverse curved terminated beams. Columns are Pressure treated southern yellow pine. The laminated beams and roof No. 2900 16' WITHOUT SHINGLES decking are Southern yellow Pine. Optionsinclude railings, benches, floor 2930 20' WITHOUT SHINGLES decking, steel columns, pressure treated laminated columns, fiber or cedar shingles. Standard sizes of 16'. 20' and 25'glass 2960 . 25' WITHOUT SHINGLES FOR SPECIFICATIONS AND PRICES SEE PRICE LIST 4 .IN �Xl{181T 1iI3 TEMPORNU,-1 SIGN 4 FT. A S FT. POR,' Aui HORITY DOLLARS AT W O RK Ca„NTY IN YOUR COMMUNITY �OfaO PRo3EC? OESC0.1PTtoN '1"arn� P(toSeet CosT +� — PoaT AvstloP�rc AsstssrweE a VOL-USIA COUNT`! A YOUR COMMUNITY WORKING `TOGETHER TO PROVIDE WATER Rsc-?,sATIotN 9R03EC'Ts FOR YOUR E.NSO`(M6NT FT i IXN16tT "C." PTW-NANENT S16N 4 FT. A 4 FT. NAME, of F ACtI_1TY TNtS PRo3EC.T WAS PAWTINUX r-UNDED WITH A GRANS FROM 1\s PONCE DE tFCN4 POgT At Oats'( IN THE AMouNT OF * , VOLUSIA Cooml R YOUR COMMUNITY Woat,AW, TO6ETHE.R Zb PtagVkbs WATER RECREATION FACtLtT1E5 FOR YOuR tNSO,(MENT E------- 4 FT ---,----� I t oli U1 I t. fatter -Department Mentoranjilm To: Dan O'Brien, Coordinator, AuthorityPort FROM Russell Grace r1,��yn Planning Department SUBJECT, Revised Minimum Standards for Water Recreation Program PONCE DE LEAN PORT AUTHORf y. DATE: 9\28\89 FILE: PLA\89\322 m ErEmENCE: After some thought, I have revised the proposed standards for your Five Year Program. Rather than standards, the following should be considered as guidelines. 1.) SHORELINE BUFFERS AND PROTECTION: a.) Primary and accessory structures should be located at least 50 feet from the shoreline (MHW). Appropriate passive uses within this area should be emphasized such as nature trails, boardwalks, and observation decks. b.) Water based access facilities (boat ramps and docks) should be designed such that disturbance to natural shoreline areas would be kept to a minimum. c.) The use of vertical bulkheads and seawalls should be avoided. When shoreline stabilization is necessary, it should be designed to resemble and function as a natural shoreline (e.g., sloped filter mats combined with vegetation planting.) d.) No more than 25 percent or 50 ft., whichever is greater, of the shoreline within property boundaries should be altered for access facilities. The remainder of the shoreline should be maintained in unaltered native vegetation. 2.) WETLANDS PROTECTION: a.) Wetlands and adjacent upland areas should be kept in a natural condition. A buffer zone extending atleast 25 feet landward of wetland areas should be established, within which passive and educational uses are emphasized. b.) Any unavoidable disturbance to wetland areas for the purpose of should be mitigated by restoring or creating like kind wetland habitat (preferably on site), and in accordance with the provisions in the County -wide Minimum Environmental Standards. \DW3\RUSS\PLA89322\SW 1 91 c.) Any wetland area which had been disturbed or altered in the past should be targeted for restoration. d.) Protection or restoration of sea grasses should be considered as mitigation if proposed projects impact shoreline and littoral zone vegetation. 3.) LANDSCAPING: a.) The use of native, indigenous vegetation should be used for as much required landscaping as possible. b.) Noxious exotic vegetation, (e.g,, Brazilian Pepper) should be avoided for landscaping, and further, should be removed when present on site. a.) IMPERVIOUS SURFACE a.) impervious surfaces should be kept to a minimum, while emphasizing designs which limit the amount of impervious area needed (e.g. turf blocks in parking areas). S.) STORMWATER MANAGEMENT a.) Direct discharge of stormwater runoff into the estuary should be avoided. Stormwater facilities should be designed such that any discharge is treated by an off-line system. As much stormwater should be detained on site as possible, utilizing wet detention facilities. 6.) SEPTIC SYSTEMS a.) If it is necessary to utilize on site wastewater treatment facilities, they should be placed outside the 100 year floodplain, or at least 100 feet landward of the shoreline, whichever is greater. CC: Don Sikorski, Planning and Zoning Randy Sliester, Environmental Management Department \DW3\RUSS\PLAS9322\SW 2 Al