12-05-2005
AGENDA REQUEST
Date: November 28. 2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
12-05-05
ITEM DESCRIPTION:
Oak Leaf Preserve Inc, requesting preliminary plat approval for a single-family residential subdivision to
be known as Oak Leaf Preserve.
OWNER(S): Oak Leaf Preserve Inc
APPLICANT: Timothy Jelus
REQUESTED ACTION: Preliminary Plat approval for a single family residential subdivision to be
known as Oak Leaf Preserve
LOCATION: East of Old Mission Road, north of the FEC railroad right-of-way and south and east of
Mission Oaks Condo.
AREA: 173.471::1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Residential with Conservation Overlay and Conservation
ZONING DISTRICT: RPUD (Residential Planned Unit Development)
PROPOSED USE OF PROPERTY: Residential
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
Volusia County Low Impact Volusia County MH-5 (Urban
North Manufactured Homes and Urban, Urban Medium Mobile Home), MH-7 (Mobile
Vacant Intensity and Environmental Home Park), A-3 (Transitional
Agricultural), and RC (Resource
Systems Corridor Corridor)
Vacant and Single Family Volusia County Low Impact Volusia County A-3
East Residential Urban & Urban Medium (Transitional Agricultural) and
Intensity MH-5 (Urban Mobile Home)
FEC right-of-way and FEC right-of-way and Volusia FEC right-of-way and Volusia
South Vacant County Low Impact Urban County A-3 (Transitional
Ae:ricultural)
Vacant and Single Family Volusia County Low Impact Volusia County A-3
West Residential Urban (Transitional Agricultural) and
MH-5 (Urban Mobile Home)
8D-0501 - Oak Leaf
~ --/.
/ (YT"l..LJ .~. cJ<(
Robin Matuslck \
Paralegal
v.~.& ~ ~:::><;..., ~ f.:
Kenneth R. Hooper \ '\
City Manager
,i
8D-0501 - Oak Leaf
2
Background: The applicant is proposing a single-family residential subdivision with approximately 422
lots. Lots are to be 50' x 120' and 75' x 120'. In March 2005, the property was rezoned to RPUD and an
associated RPUD Agreement was executed. The development will include several tracts of wetland
preservation and conservation, in which no alteration or filling shall be permitted. There will be
approximately 25 acres of retention ponds, which will be maintained by the Homeowner's Association.
Oak Leaf Preserve will have a minimum of two (2) passive parks.
There will be approximately $2,595,684.23 in impact fee revenue associated with this development.
At their regular meeting of November 9, 2005, the Planning and Zoning Board voted 6-0 to send a
favorable recommendation to City Council for the Oak Leaf Preserve Preliminary Plat.
Land Use Compatibility: The proposed use of residential is compatible with the surrounding existing
usage.
Adequate Public Facilities: There is access to Old Mission Road and Massey Road. Currently this
property has access to City water and/or sewer service, due to the Western Reserve utility expansion
currently being installed in order to serve the Coral Trace Subdivision. Once completed, there will be an
eight-inch force main at Massey Road and Gateway Drive, which can be utilized to serve this property,
contingent upon clearance by the Department of Environmental Protection. The closest water line will be
at the intersection of Massey Road and Gateway Drive, contingent upon being cleared for service by the
Department of Health.
Natural Environment: Soil types on this property include Tuscawilla Fine Sand, Chobee Fine Sandy
Loam, and Wabasso Fine Sand. On-site vegetation includes Temperate Hammocks, Mixed Wetland
Hardwoods, and Wet Prairie.
Due to the wetlands associated with this site a permit from the Army Corps of Engineers (ACOE) shall
be required. Permitting from the Florida Fish and Wildlife Conservation Commission (FWCC) shall be
required for any mitigation of any threatened and/or endangered species.
Consistency with Comprehensive Plan: The proposed density of this project is consistent with the
requirements of the Low Density Residential Future Land Use designation.
Other Matters: Following preliminary plat approval the developer shall be required to submit
construction plans for review by the City's Technical Review Committee. Subsequent to final
Construction Plan approval the construction of the infrastructure shall commence. A request for Final
Plat approval shall come at a later date.
STAFF RECOMMENDATION
Staff recommends approval of the preliminary plat for the Oak Leaf Preserve Subdivision.
ACTION REQUESTED
Motion to approve the preliminary plat for the Oak Leaf Preserve Subdivision.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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Robin Matuslck \
Paralegal
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Kenneth R. Hooper \ "\
City Manager
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SD-0501 - Oak Leaf
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AGENDA REQUEST
Date: November 23,2005
PUBLIC
HEARING X
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS December 5. 2005
ITEM DESCRIPTION:
Tree Removal permit for the removal of a Historic Tree located on property at 101 Alamanda Drive,
and require the property owner to replace the tree per City of Edgewater Land Development Code
(LDC) or pay into the City Tree Replacement Account.
Background
On November 15, 2005 the City of Edgewater Building Official witnessed the removal of several
branches on a Historic Tree at the above referenced property. Consequently a stop work order was
immediately placed on-site and the workers were instructed to cease and desist.
The Volusia County Environmental Management Department (VCEMD) was called to assist and
determined the tree was a live oak and has a 38-inch diameter at breast height, thereby establishing
the tree as historic. Per VCEMD staff, the amount of limbs removed damaged the tree beyond repair.
Per Section 21-55.02 ofthe Land Development Code, City Council must grant approval for the removal
of a Historic Tree.
Trees removed in violation of the LDC shall be replaced at a ratio of two (2) inches per inch caliper lost.
STAFF RECOMMENDATION
· Replacement of said tree shall require thirty (30) City approved trees measured 2-lf2 inches
diameter at 6- inches above the soil line.
· Per Section 21-311.05 (a) and (b) of the LDC:
(a) "Establishment. A City Tree Replacement Account is hereby established as a depository
for tree replacement fees and monies."
(b) "Dispersal of Assets. The funds in said account shall be expended, utilized and disbursed
for the planting oftrees, and to cover any other ancillary costs including but not limited
to: landscaping, sprinkler systems and other items or materials necessary and proper for
the preservation, maintenance, relocation or restoration of tree ecosystems on any public
land within the City. These monies may also be utilized to engage support elements such
as landscape architects and additional personnel, if deemed necessary in the opinion of
the City Manager, following established City procedures."
Resolution No. 2004-R-13 established payment of$2.05 per square foot of required mitigation in
lieu of tree replacement. Therefore, this violation would total a payment of $9,295.03.
ACTION REQUESTED
Motion to approve the Tree Removal Permit with the condition that a payment of $9,295.03 is made to
the City Tree Replacement account.
pate I - tree
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
DATE:
Darren Lear
Development Services Director
pate I - tree
YES
AGENDA ITEM NO.
~';.t'iI1-~ J r').iC' J\
Robin Matusick
Paralegal
2
NO X
/~~
Kenneth R. Hooper
City Manager
Memorandum:
Date; November 15,2005
To: Code Enforcement Dept.
From: Dennis 1. Fischer, Building Official
Subject: Cutting down historic live oak tree
The Building Department placed a stop work order today at the Best Western Motel site
at 101 Alamanda Drive for cutting down a historic live oak tree without the required
permits. The owner, Mike Patel stated that he only instructed the workers to trim the tree.
I found the majority of the tree down and piled at the street. The tree is actually on the
adjacent property to the north. I contacted Brant Kruger with the V olusia County
Environmental Management and he measured the tree and found a diameter of 38" and
in very good condition. The tree is a live oak and above the minimum diameter for
historic status (36"). This is a clear violation of Section 21-55.02 (b) of the Edgewater
Land Development Code.
Please start the process of enforcement for this violation. Copies of the picture of the
trees are included in this memo.
Copies sent to Planning and Zoning Department
~
AGENDA REQUEST
Date: November 28. 2005
PUBLI C
HEARING
x
RESOLUTION
ORDINANCE December 5. 2005
BOARD
APPOINTMENT_
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading. Ordinance No. 2005-0-52
River Colony Inc., requesting an amendment to
the Official Zoning Map to include 4.22:1: acres of
land located north of Jones Fish Camp Road and
west of the Indian River as RPUD (Residential
Planned Unit Development) and approval of the
associated RPUD Agreement.
OWNER: River Colony Inc.
APPLICANT/AGENT: River Colony Inc.
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RPUD
(Residential Planned Unit Development)
PROPOSED USE: Single-family/townhome residential subdivision
LOCATION: North of Jones Fish Camp Road, west of the Indian River
AREA: 4.2:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Residential
ZONING DISTRICT: Volusia County - R-6W (Urban Two-Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desilmation Zoning District
North Vacant Volusia County - Urban Volusia County- R-6 (Urban
Medium Intensity Two. Family Residential)
East Indian River Water V olusia County- RCW (Resource
Corridor)
South Vacant Volusia County - Urban Volusia County - R-6W (Urban
Medium Intensitv Two- Familv Residential)
West Vacant Volusia County - Urban Volusia County - R-6W (Urban
Medium Intensity Two. Family Residential)
Background
This property is located north of Jones Fish Camp Road with access to the Indian River. The
applicant is proposing a single-family and townhome subdivision with recreational facilities and
access to the Indian River.
At their regular meeting of October 12, 2005, the Planning and Zoning Board voted 7-0 to send a
favorable recommendation to City Council for the proposed Zoning Map Amendment and the
RZ-0506 - River Colony
associated RPUD Agreement. The RPUD Agreement includes provisions for one (1) common boat
dock with slips for each unit, a recreation area which includes a common pool and 1.0::1:: acre of land
has been designated as open space.
City Council voted to approve Ordinance No. 2005-0-52 by a vote of 5-0 at first reading on November
7, 2005.
Land Use Compatibility
The Future Land Use designation and proposed residential use of this parcel is compatible with the
surrounding residential area. The property to the north and west is a proposed high-density residential
condominium development.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US
Highway 1. The City of Edgewater has verified that potable water is available along U.S. 1 and that
sufficient water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater
Treatment Plant and is conveyed via an eight-inch (8") force main. County staff has indicated that
there is adequate wastewater treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency
with current level-of-service roadway standards. Any indication of a deficiency in roadway capacity
due to the proposed project must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be completed and approved by City staff prior to development
of this property.
Comprehensive Plan Consistency
The proposed development is compatible with the adopted Future Land Use designation of Low Density
Residential, which allows up to five (5) units per acre. The applicant is proposing a density of 3.5 units
per acre.
Other Matters
Preliminary plat approval and final plat approval shall occur at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-52; amending the Official Zoning Map to
include 4.22::1:: acres ofland located north of Jones Fish Camp Road and west ofthe Indian River as RPUD
<Residential Planned Unit Development) and approval of the associated RPUD Agreement.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-52 and authorization for execution of the Planned Unit
Development Agreement.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: November 7. 2005
AGENDA ITEM NO. 6F
GcJ~r,"'l'O"-t{ J,'~r~
Robin Matusick
Paralegal
Kenneth R. Hooper
City Manager
RZ-0506 - River Colony
2
ORDINANCE NO. 2005-0-52
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-6W (URBAN TWO-
FAMILY RESIDENTIAL) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) FOR PROPERTY
LOCATED NORTH OF JONES FISH CAMP ROAD AND
WEST OF THE INDIAN RIVER, EDGEWATER, FLORIDA;
AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED
UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR
THE RIVER COLONY SUBDIVISION; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEW ATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. River Colony, Inc. is the owner/applicant for property located North of Jones Fish
Camp Road and West of the Indian River, Edgewater, Florida. Subject property contains
approximately 4.22 acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from County R-6W (Urban Two-Family Residential) to City RPUD (Residential
Planned Unit Development) for the property described herein.
3. On October 12, 2005, 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 November 7, 2005, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
Stll1c:k tluol1gh passages are deleted.
Underlined passages are added.
2005-0-52
1
on October 27,2005.
5. On December 5, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on November 25,2005, 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 ofthe 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 Edgewater, 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 County
R-6W (Urban Two-Family Residential) to City RPUD (Residential Planned Unit Development)
Stltlck tluongh passages are deleted.
Underlined passages are added.
2005-0-52
2
pursuant to the associated Planned Unit Development (PUD) Agreement for River Colony
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.
A parcel of land in Lots 35 and 36 and filled land lying East of Lot 36,
RIVERFRONT ESTATES UNIT 2, as recorded in Map Book 19, Page 31 of the
Public Records of Vol usia County, Florida, described as follows:
Begin at the SW comer of Lot 35 RIVERFRONT ESTATES UNIT 2, as recorded
in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida; thence
along the Westerly line of said Lot 35, on an assumed bearing run N 22044'32" W,
319.82 feet; thence N 69016'01 " E, 633.63 feet to a point on the existing shoreline of
the Indian River North; thence along the meanders of said shoreline the following
courses and distances, S 11051 '56" E, 50.58 feet; thence S 04022'24" E, 62.38 feet;
thence S 35002'40" W, 52.93 feet; thence S 02035'13" W, 88.75 feet; thence S
56049'20" E, 35.84 feet' thence S 16014'06" E, 50.88 feet; thence S 20024'24" E,
23.60 feet to a point on the South line of aforesaid Lot 36; thence along said South
line of Lot 36 and the South line of Lot 35, S 69046'32" W, 535.15 feet to the POINT
OF BEGINNING, TOGETHER WITH, any and all accretions, riparian and littoral
rights appertaining thereto.
Containing 4.22 ::!:: 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,
StJ nck till ongh passages are deleted.
Underlined passages are added.
2005-0-52
3
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.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTG.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading ofthis ordinance held on November 7, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
Stl nck tlHongh passages are deleted.
Underlined passages are added.
2005-0-52
4
After Motion by CouncilwomanLichter and Second by Councilwoman Rhodes
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas X
-
Councilman Debra J. Rogers x
-
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter x -
PASSED AND DULY ADOPTED this 5th day of December, 2005.
ATTEST:
L/~
Susan J. Wadsworth
City Clerk
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: 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 5th day of
December, 2005 under Agenda Item No.
6 G
Shtick tlllotl~h passages are deleted.
Underlined passages are added.
2005-0-52
5
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THIS INSTRUMENT PREPARED BY:
Paul Rosenthal
Foley & Lardner, LLP
111 N. Orange Avenue, Suite 1800
Orlando FL 32801
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW A TER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) AGREEMENT
River Colony
THIS AGREEMENT is made and entered into this day of ,2005 by
and between, the CITY OF EDGEW A TER, 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 River Colony Inc., owner, whose address is 3515 S. US Highway 1, Edgewater
FL 321 41 (hereinafter referred to as "Developer"). The purpose of this Agreement is to define the
terms and conditions granting the development approval of the subject property.
NOW, THEREFORE, in consideration ofthe agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 4.22:f: acres located north of Jones Fish
Camp Road, west of the Indian River (ICW) and 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 River Colony Inc.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of River Colony, as defined by the Master Plan, dated March 2005
(Exhibit "B" included herein), within one (1) year of required permit approvals for this project, or
within eighteen (18) months of the effective date of this Agreement. Developer's failure to initiate
(Agreement/Zoning - River Colony)
1
construction within one (1) year may result in the City's termination of the 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 approved by City Council prior to commencement of any
authorized work. Final approval shalt include, but not be limited to utilities, stormwater, traffic, fire
rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements.
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. The Developer
further agrees that all development will be consistent with the River Colony Master Plan dated
March 2005 (Exhibit "B"). River Colony shall be developed consistent with the City's single
family development procedures. Final project approval may be subject to change based upon final
environmental, permitting, and planning considerations. Use of the property will be as follows:
A. Average Lot SizelUnit Count
River Colony shall not exceed a total of five (5) single-family dwelling units and five (5)
townhome lots (ten (10) townhome units) for a total of 15 units. The five (5) single-family lots are
planned to be 55' x 180' or greater, the five (5) townhome lots are to be 60' x 115' or greater. Based
on the Final Subdivision Plan approval, the total number of units may vary but shall not exceed 3.6
gross dwelling units per total acreage or a total of 15 units.
No lot will exceed a maximum building coverage of 35% with a maximum impervious
coverage of 60% per lot for single family residential. No lot will exceed a maximum building
coverage of 50% with a maximum impervious coverage of 75% for townhomes.
Minimum Lot Size:
Single-Family
Area - 9,900 square feet
Width -55 feet
Depth -180 feet
B. Minimum House Square Footage
The minimum house square footage shall be at least 1,700 square feet living area under air
for the single-family residences and 1,200 square feet living area under air for the townhomes. In
addition, each unit will have a minimum of a two (2) car enclosed garage. No carports will be
Townhomes
Area - 6,900 square feet
Width -60 feet
Depth -115 feet
(Agreement/Zoning - River Colony)
2
allowed.
C. Minimum Yard Size and Setbacks:
Single-Family Townhomes
Front -.30' Front - 20'
Rear - 50'from Mean High Water Line Rear - 20'
25' from wetlands, if applicable
Side - 7.5' Side - 6'
Side Comer - 15' Side Comer - IS'
Maximum Height -50' Maximum Height -50'
Common Area - Swimming Pools - Rear -10' from property line to pool deck edge
Side -15' from property line to pool deck edge
D. Roads
There shall be one access road permitted from Jones Fish Camp Road to service the
subdivision with a minimum right-of-way width of sixty (60) feet. The road shall be paved pursuant
to City standards with a minimum pavement width of 24-feet. The road shall be private and
therefore deeded to the Homeowners Association for maintenance purposes. A cul-de-sac and/or
turn-around shall meet all City standards. An alley of 20- feet in width shall be provided for rear
access to the townhouse units and shall be constructed to City standards.
E. Stormwater 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) will be owned and maintained
by the HOA. Developer is required to provide an outfall to a publicly owned drainage conveyance
system, and obtain an off-site drainage easement if necessary.
Flood Plain Encroachment and Compensatory Storage Criteria.
Definitions
FEMA - Federal Emergency Management Agency
FIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
NGVD29 - National Geodetic Vertical Datum of 1929
(Agreement/Zoning - River Colony)
3
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 a 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.
1 00- Year Flood Elevation - The flood elevation that has a one percent (I %) 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 FrS; 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 AO).
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 1 OO-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-ste 100-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 IOO-year flood elevation to one decimal
accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not adequate
(Agreement/Zoning - River Colony)
4
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.
Historically, flood elevations 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 I DO-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 DO-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all I DO-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 (1-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 1 DO-year storm event,
and is intended to prevent cumulative water quality impacts.
Storage creation must occur below the existing I DO-year flood elevation and above
(Agreement/Zoning - River Colony)
5
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.
Historically, flood elevations published by FEMA and other governmental agencies have
been determined using the NOVD29 datum, or for that matter any other vertical datum, a
"datum shift" may be required to "adjust" the applicable on-site 1 OO-year flood elevation to
a common and consistent datum.
The SHOWT 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 SHOWT 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 100-year flood elevation and above the predicted SHOWT or SHWL.
Compensatory storage for all 100-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 IOO-year flood elevation and above
(Agreement/Zoning - River Colony)
5
the predicted SHGWT and/or SHWL.
Compensation must occur within dedicated storage areas excavated contiguous to,
but outside of, the existing IOO-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 offsite 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
Sign to be located on-site and shall meet all City of Edgewater Land Development Code
Standards.
G. Trees
Each lot shall have a minimum of four (4) trees per lot and shall be of a variety listed in
Exhibit "e" - Trees. All other City and County minimum tree protection standards shall be
satisfied for this subdivision development.
H. Entrance to Subdivision
One (1) entrance to the subdivision shall be located on Jones Fish Camp Road. An alley of
20-feet in width shall be provided for rear access to the townhouse units and shall be constructed
to City standards.
I. Model Homes and Temporary Offices
One (1) model home shall be permitted within the River Colony Subdivision. 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
(Agreement/Zoning - River Colony)
6
within the subdivision.
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), if 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.
( c) Permanent utility connections cannot be made until the sanitary sewer system has
been completed and certified to FDEP.
Additional requirements, restrictions and conditions may be imposed by the City to address
specific site or project concerns.
Two (2) flags or insignias which read "model", "open", "open house" or any other phrase
which identifies property for real estate purposes may be displayed in the following locations and
number development. The maximum height of such flags shall be eight feet (8') with a maximum
size of fifteen (15) square feet.
(a) Project shall not exceed two (2) flags.
J. Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and
By-Laws for the Homeowners Association will be recorded in the public records of V olusia County
at the time the final plat for River Colony is recorded.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for River Colony is Low Density Residential. The zoning
designation for River Colony shall be RPUD (Residential Planned Unit Development) as defined
in the City Land Development Code. The City of Edge water' s permitted uses for RPUD (Residential
Planned Unit Development) are applicable to the development of the property and consistent with
the adopted Comprehensive Plan/Future Land Use Map.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
(Agreement/Zoning - River Colony)
7
Developer agrees to connect to the City's potable water system at the nearest point of connection,
US Highway I and Jones Fish Camp Road. All water main distribution system improvements will
be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the
City and dedicated to the City prior to or at the time of platting.
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 may be available in the future.
Therefore, the developer shall install piping for future reclaimed service.
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 electrical services will be underground.
F. Roadway improvements and all associated right-of-ways shall be dedicated to the
Homeowners Association at the time of final plat approval.
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 dwelling unit 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 is signed by the City, thereby reserving requisite water capacity.
Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time
permit application is signed by the city, thereby reserving requisite sewer capacity.
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.
Voluntary Stormwater Basin Fee- paid at the time of Building Permit Application at
(Agreement/Zoning - River Colony)
8
a rate of fifty-six dollars ($56) per unit.
Voluntary Animal Shelter Fee - paid at the time of Building Permit Application at
a rate of one-hundred dollars ($100) per unit.
The amount of all required impact fees shall be at the prevailing rate authorized at the time
of payment of impact fees.
1. 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.
K. Developer agrees to reimburse the City of Edge water for direct costs associated with
the legal review, engineering review and construction inspection related to the River Colony
development approval and the construction of required infrastructure improvements and the review
and approval of the final plat.
L. The developer shall provide all public facilities to support this project including the
following:
1.
2.
3.
4.
5.
6.
Water Distribution System including fire hydrants.
Sewage Collection and Transmission System.
Storm water collection/treatment system, including outfall system.
Piping for future reclaimed service.
Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the development. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
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%
ofthe cost ofthe infrastructure improvements, including sidewalks, shall be provided
to the City prior to recording of the Final Plat. The Maintenance Bond shall be in
effect for a two (2) year period.
Sidewalks shall be constructed on both sides of the streets/roadways and have a
7.
8.
(Agreement/Zoning - River Colony)
9
minimum width of four feet (4') and shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot. 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
will install the remaining sidewalks
9. Streetlights shall be maintained by the Homeowners Association 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.
10. The Developer agrees to provide, at no cost to the City, all required utility easements
(on and off-site) for drainage and utility service consistent with this provision.
M. Recreational Facilities
A pool and clubhouse will be constructed as pursuant to the Master Plan and will be
maintained by the HOA. One (1) common dock with a total of five (5) slips may be permitted
(subject to Federal and State regulations) within the development.
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 PURPOSES
The Developer shall convey to the River Colony Homeowners Association, by warranty deed
and title insurance free and clear of all liens and encumbrances, all roadway right of ways and all
utility easements as required. River Colony has designated 1.0::1: acres as open space, to be
maintained by the HOA.
8. PERMITS REOUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
I. Florida Department of Transportation, Department of Environmental Protection,
Department of Health, St. Johns River Water Management District, Army Corps of
Engineers, Florida Fish and Wildlife Conservation Commission and V olusia County.
(Agreement/Zoning - River Colony)
10
2. City of Edgewater - Rezoning, Subdivision Plat approval, Subdivision Construction
Plan approval, all applicable clearing, removal, construction and building permits.
3. 100 year flood elevation for this site is seven (7) feet and the minimum finished floor
elevation shall be nine (9) feet.
9. DEVELOPMENT REOUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment, or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived, or as expressly provided or in this
Agreement.
Developer shall establish a mandatory Homeowner's Association (HOA) for the purpose of
maintaining the property and enforcing applicable covenants and restrictions. The mandatory HOA
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 River Colony common area tracts as depicted on
the plat,. The HOA 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 REOUIREMENTS
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 ofthe ownership of the Property, the Property
(Agreement/Zoning - River Colony)
11
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.
13. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in V olusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good faith
compliance with the terms 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 the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made in writing by the
interested party. Substantial changes, as determined by the City Manager, shall require City Council
approval.
(Agreement/Zoning - River Colony)
12
19. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each shall
execute and deliver to the other party such further documents and instruments, in form and substance
reasonably necessary to confirm and/or effectuate the obligations of either party hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance.
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other party
to enforce any provision of this Agreement or because of a breach by the other party of any terms
hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's
fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate
levels, including bankruptcy proceedings, without regard to whether any legal proceedings are
commenced or whether or not such action is prosecuted to judgment.
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portion hereof.
(Agreement/Zoning - River Colony)
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
ATTEST:
~'-~~
Susan J. W; dsworth
City Clerk
Robin L. Matusick
Legal Assistant/Paralegal
Witnessed by:
Barney E. Dillard
President, River Colony Inc.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this day of
2005, by , and who has produced
as identification and who did (did not) take an oath.
Notary Public
Stamp/Seal
(Agreement/Zoning - River Colony)
14
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A parcel ofland in Lot 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES
UNIT 2, as recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida
described as follows: BEGIN at the S.W. corner of Lot 35 RIVERFRONT ESTATES UNIT 2, as
recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida; thence along
the Westerly line of said Lot 35, on an assumed bearing run N 220 44' 32" W, 319.82 feet; thence
N 690 16' 01" E, 633.63 feet to a point on the existing shoreline of the Indian River North; thence
along the meanders of said shoreline the following courses and distances, S 110 51' 56" E, 50.58
feet; thence S 040 22' 24" E, 62.38 feet; thence S 3Y 02' 40" W, 52.93 feet; then S 02' 35' 13" W,
88.75 feet; thence S 56' 49' 20" E, 35.84 feet; thence S 16' 14' 06" E, 50.88 feet; thence S 20' 24'
24" E, 23.60 feet to a point on the South line of aforesaid Lot 36; thence along the South line of
Lot 36 and the South line oflot 35, S 69' 46' 32" W, 535.15 feet to the POINT OF BEGINNING,
TOGETHER WITH, any and all accretions, riparian and littoral rights appertaining thereto.
Containing 4.22 acres more or less and being in Volusia County, Florida.
(Agreement/Zoning - River Colony)
15
EXHIBIT IIBII
MASTER PLAN
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EXHIBIT "C"
TREES
COMMON NAME BOTANICAL NAME
Elm Ulmus spp.
Hickorv Carva sPP.
Loblolly Bay Gordonia lasianthus
Magnolia Magnolia grandiflora
Red Maple Acer rubrum
Other Oak Suecies IOuercus spp.
Red Bay Persea borbonia
Red Cedar Juniperus silicicola
Swamp Bay Persea palustris
Sweet Bay Magnolia yirginiana
Sweet Gum Liquidambar styraciflua
Sycamore Platanus occidentalis
Turkey Oak IOuercus laeyis
(Agreement/Zoning - River Colony)
17
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AGENDA REQUEST
Date: November 28,2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE December 5. 2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
I sl Reading - Ordinance No. 2005-0-55
John S. Massey, requesting an amendment to the
Official Zoning Map to include 8.12:f:: acres of land
located west of Massey Ranch Boulevard and east of
the Massey Ranch Airpark runway as RPUD
(Residential Planned Unit Development) and approve
the associated RPUD Agreement.
APPLICANT/AGENT: John S. Massey
OWNER(S): Massey Enterprises
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RPUD (Residential Planned
Unit Development) and approval of the associated RPUD Agreement.
PROPOSED USE: Development of six (6) townhome units.
LOCATION: West of Massey Ranch Boulevard and east of the Massey Ranch Airpark runway.
AREA: 8.12:f:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential with Conservation Overlay
ZONING DISTRICT: Volusia County - A2 (Rural Agriculture)
VOTING DISTRICT: I
SURROUNDING AREA
Current Land Use FLUM Desifmation Zoninf! District
North Vacant Medium Density Residential with Volusia County - A2 (Rural
Conservation Overlav Agriculture)
East Single-Family Residential Low Density Transition with RT (Rural Transitional) and
and Vacant Conservation Overlay and Medium Volusia County - A2 (Rural
Density Residential with Agriculture)
Conservation Overlay
South Vacant Medium Density Residential with V olusia County - A2 (Rural
Conservation Overlay Agriculture)
West Airport Runway Public/Semi-Public Volusia County
RZ-0518 - Villas @ Massey Ranch
Background
The applicant is proposing to develop a six (6)-unit townhome complex with attached airplane hangars. There will be
access to the Massey Ranch Airpark to each condominium unit. Site plan approval will be required for the development.
At their regular meeting of September 14, 2005 the Planning and Zoning Board voted to send a favorable
recommendation to City Council for the proposed Zoning Map amendment and associated RPUD Agreement.
Land Use Compatibility
The proposed development of this site is compatible with the surrounding area. The development to the east is a 22-10t
single-family residential subdivision with access to the adjacent runway. Wildwood Subdivision is located to the
northeast of this site.
Adequate Public Facilities
The property has access to Park A venue via Massey Ranch Boulevard. City water and sewer is available to this site.
Natural Environment
Biological Consulting Services, Inc (BCS) conducted an Environmental Assessment on June 23, 2005. The study
determined the soils on-site to be Immokalee sand and Pompano-Placid complex. The land use and cover types
present on-site were Improved Pasture and Mixed Wetland Hardwoods. The proposed site-plan has indicated no
impact to the wetlands on-site as all wetlands occur within an existing conservation easement area. The site was also
inspected for any endangered or threatened species, including gopher tortoises and none were observed on-site.
Consistency with Comprehensive Plan
The proposed RPUD zoning designation is compatible with the existing Future Land Use Designation of Medium
Density Residential.
Other Matters
A site plan for this project will be presented to City Council at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-55; amending the Official Zoning Map to include approximately
8.12:1: acres of land located west of Massey Ranch Boulevard and east of the Massey Ranch Airpark runway as RPUD
(Residential Planned Unit Development) and approve the associated RPUD Agreement.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-55 and authorization for execution of the Planned Unit Development
Agreement.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~'~ ~'
'--.,./1. ~..... r P\lr> .
R bin Matusick \
Paralegal
\l~&.~~c>-.~\.\r.
Kenneth R. Hooper '.
City Manager
\
RZ-0518 - Villas @ Massey Ranch
2
ORDINANCE NO. 2005-0-55
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICUL TURE) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) FOR PROPERTY
LOCATED WEST OF MASSEY RANCH BOULEVARD AND
EAST OF THE MASSEY RANCH AIRPARK RUNWAY,
EDGEW A TER, FLORIDA; AUTHORIZING THE MAYOR TO
EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD)
ZONING AGREEMENT FOR THE VILLAS AT MASSEY
RANCH SUBDIVISION; 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. Massey Enterprises is the owner/applicant for property located West of Massey
Ranch Boulevard and East of the Massey Ranch Airpark Runway, Edgewater, Florida. Subject
property contains approximately 8.12 acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from County A-2 (Rural Agriculture) to City RPUD (Residential Planned Unit
Development) for the property described herein.
3. On September 14,2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On December 5,2005, the City Council considered on first reading/public hearing
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2005-0-55
the proposed change in the zoning classification after publication of such hearing in the Observer
on November 23, 2005.
5. On December 19,2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on December 8, 2005, 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 Edgewater, 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 County
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2005-0-55
2
A-2 (Rural Agriculture) to City RPUD (Residential Planned Unit Development) pursuant to the
associated Planned Unit Development (PUD) Agreement for Villas at Massey Ranch 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.
A portion of Lot 136, ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS
GRANT, according to the plat thereof, as recorded in Map in Map Book 3, Page 153,
of the Public records of Volusia County, Florida, being described as follows:
Commence a the southwest comer of Wildwood Subdivision, Unit 3, according to
the plat thereof as recorded in Map Book 38, Page 35 of the Public Records of
V olusia County, Florida, thence North 200 17' 14" West, along the westerly line of said
Wildwood Subdivision, Unit 3, also being the easterly line of said Lot 136 and along
the easterly right of way of Massey Ranch Boulevard, a 100- foot right of way, as
shown on plat of Massey Ranch Airpark Unit 1, recorded in Map Book 44, Pages 68
through 70, inclusive, for the Public records of Vol usia County, Florida, a distance
of 330.15 feet to the northeasterly comer of said Lot 136, thence South 69040'57"
West, along the northerly line of said Lot 136, a distance of 1 OO-feet to the westerly
right of way of said Massey Ranch Boulevard and for the Point of Beginning; thence
South 20017'14" East, along said westerly right of way of Massey Ranch Boulevard,
a distance of 330.07 feet; thence South 20015'17" East, continuing along said
westerly right of way of Massey Ranch Boulevard and its southerly prolongation, a
distance of 598.79 feet; thence North 89041'51" West, a distance of 540.32 feet;
thence North 06016'50" West, a distance of761.33 feet to the southerly line of US
Lot 4, Section 31, Township 17 South, Range 34 East; thence North 69044'12" East,
along said southerly line of U.S. Lot 4, Section 31, a distance of 26.02 feet to the
southeasterly comer of U.S. Lot 4, Section 31, said point also being the southwesterly
comer of U.S. Lot 4, Section 32, Township 17 South, Range 34 East, thence North
69040'57" East, along the southerly line of said U.S. Lot 4, Section 32, a distance of
295.85 feet to the Point of Beginning.
Containing 8.12 :!:: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
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2005-0-55
3
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,
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.
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2005-0-55
4
PARTG.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on December 5, 2005, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. 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 J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
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2005-0-55
5
PASSED AND DULY ADOPTED this 19th day of December, 2005.
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
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2005-0-55
6
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of December, 2005 under Agenda Item No.
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THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARNDER, LLP
111 North Orange Avenue, Suite 1800
P.O. Box 2193
Orlando FL 32802-2193
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITYOFEDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT AGREEMENT
Villas at Massey Ranch
THIS AGREEMENT is made and entered into this day of ,2005 by
and between, the CITY OF EDGEW A TER, 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 Massey Enterprises, a Florida Corporation, with John S. Massey as the
authorized agent, owner, whose address is P.O. Box 949, New Smyrna Beach Florida 32170
(hereinafter referred to as "Developer"). 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 8.12:1: acres located on the west and
adjacent to Massey Ranch Boulevard, in Edgewater, V olusia County, Florida. The legal description
of the property is attached hereto as Exhibit "A" - Legal Description. The Record owner of the
subject property is Massey Enterprises, with John S. Massey as their authorized agent.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of the Villas at Massey Ranch, as defined by the Master Plan, dated
April 6, 2005 (Exhibit "B" included herein), within one (1) year of required permit approvals for
(Agreement/Zoning- V illas@MasseyRanch )
1
this project, or within eighteen (18) months of the effective date of this Agreement. Developer's
failure to initiate construction within one (1) year may result in the City's termination of the
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 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, and planning elements.
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. The Developer
further agrees that all development will be consistent with the Villas at Massey Ranch Master Plan
dated April 6, 2005 (Exhibit "B"). The Villas at Massey Ranch shall be developed consistent with
the City's development procedures. Final project approval may be subject to change based upon
final environmental, permitting, and planning considerations. Use ofthe property will be as follows:
A. Average Lot SizelUnit Count
The Villas at Massey Ranch shall not exceed a total of six (6) multi-family dwelling units.
Based on the Final Site Plan approval, the total number of units may vary but the maximum
residential units allowed for the Villas at Massey Ranch Subdivision shall not exceed 0.75 gross
dwelling units per total acreage or a total of six (6) units.
This site shall meet all Land Development Code requirements pertaining to maximum
building coverage and impervious surface coverage.
B. Minimum House Square Footage
The minimum gross house square footage shall be at least 2,000 square feet living area under
au. In addition, each unit will have a minimum of a two (2) car enclosed garage. No carports will
be allowed. An attached aircraft hangar shall be permitted for each dwelling unit and aircraft shall
be allowed to operate within the site and between site and Massey Ranch Airpark, a publicly
licensed airport.
(Agreement/Zoning- V illas@MasseyRanch )
2
C. Minimum Yard Size and Setbacks:
All Lots
Front -25'
Rear - 20'and 300' from the centerline of the main runway easement
Side -7.5'
Side Corner - 10'
Maximum Height - 35'
Utility Easements - Utility easements to be granted to the City of Edgewater in
accordance with the approved site plan prior to construction.
D. Roads
On-site driveways and taxiways are to remain private, in common ownership, and maintained
by the Association with the exception of the northerly thirty-five (35') feet ofthe seventy (70') foot
Taxiway Easement as recorded in OR 4402, Page 2031, for use by adjacent property owners.
E. Stormwater 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 .643
acres and will be owned and maintained by the COA. Developer is required to provide an outfall
to a publicly owned drainage conveyance system, and obtain an off-site drainage easement if
necessary.
Flood Plain Encroachment and Compensatory Storage Criteria.
Definitions
FEMA - Federal Emergency Management Agency
FIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United 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 a during a normal wet season.
SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the zone
(Agreement/Zoning- Villas@MasseyRanch )
3
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 %) change
of being equaled or exceeded each year.
The on-site lOa-year flood elevation shall be established to the satisfaction of the City
Engineer.
Establishing the lOa-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 AO).
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 lOa-year flood elevation determined
by overlaying a FEMA Zone A delineation with any topographic contour
information.
Construction plans and drainage basin maps shall annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on-ste lOa-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 lOa-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
(Agreement/Zoning- VilIas@MasseyRanch )
4
FEMA FIRM panels.
Historically, flood elevations 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 lOa-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 lOa-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all lOa-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 (1-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 lOa-year storm event,
and is intended to prevent cumulative water quality impacts.
Storage creation must occur below the existing lOa-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 lOa-year flood plain.
(AgreementlZoning- Villas@MasseyRanch )
5
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 offsite 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
All subdivision signage will be located within common areas along the main entrance road
(not within public right-of-way) to the subdivision and must meet all requirements of the Land
Development Code. A written easement dedicated to the COA must be recorded for the location
of the sign. Developer shall dedicate all sign locations to the COA.
G. Trees
Trees shall installed be per the approved Landscape Plans in the Site Plan. Trees shall be
2 Y:z" in diameter, measured six-inches (6") above the soil line and shall be of a variety listed in
Exhibit "C" - Trees. A tree survey shall be provided prior to site/construction plan approval. 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 a the discretion of the Planning
Director. However, such statistical surveys shall be limited to sites contained an overstory
consisting predominantly of trees in uniform in age, species and distribution, which do not contain
specimen or historic trees. Statistical surveys must be conducted in compliance with accepted
forestry practices.
All other City and County minimum tree protection standards shall be satisfied for this
development.
(AgreementlZoning- Villas@MasseyRanch )
6
H. Entrance to Subdivision
Entrance to the development shall be via Massey Ranch Boulevard. All landscaping and
irrigation shall be maintained by the Association.
1. Common Area/Open Space
All undeveloped/open space shall be dedicated to and maintained by the Association.
1. Model Homes and Temporary Office
Temporary structures may be permitted as a 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 unit, whichever occurs first.
Model units 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), if on-site hydrants are
required to service the area where the proposed models will be constructed.
(b) Construction of access driveways to the model unit sites prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles for
inspections.
(c) Permanent utility connections cannot be made until the sanitary sewer system has
been completed and certified to FDEP.
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 units.
Flags or insignias which read "model", "open", "open house" or any other phrase which
identifies property for real estate purposes 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) Project not to exceed two (2) flags.
K. Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and
By-Laws for the Condominium Association will be recorded in the public records of Vol usia
County at the time the site plan is approved.
(AgreementlZoning- Villas@MasseyRanch )
7
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for the Villas at Massey Ranch Subdivision is Medium
Density Residential with Conservation Overlay. The zoning designation for The Villas at Massey
Ranch Subdivision shall be RPUD (Residential Planned Unit Development) as defined in the City
Land Development Code. The City of Edgewater's permitted uses for RPUD (Residential Planned
Unit Development) are applicable to the development ofthe property and consistent with the
adopted Comprehensive Plan/Future Land Use Map.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable water system at the nearest point of connection,
within the right-of-way of Massey Ranch Boulevard. All water main distribution system
improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form
acceptable to the City and dedicated to the City prior to or at the time of issuance of the
Development Order.
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 issuance of the Development Order.
C. The City has determined that reclaimed water is unavailable and will not be available
in the foreseeable future. Therefore, there is no City requirement to install any reclaimed piping.
Therefore, the Developer shall provide irrigation by well and all irrigation systems shall be approved
by all applicable regulatory agencies.
D. Developer agrees to provide at no cost to the City 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.
F. 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.
G. Development/Impact fees for each dwelling unit will be paid in accordance with the
following schedule:
(Agreement/Zoning- Villas@MasseyRanch )
8
Water - Pay 100% of the applicable impact fees to the city by applicant at the time
the permit application is signed by the City, thereby reserving requisite water
capacity.
Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time
the permit application is signed by the City, thereby reserving requisite sewer
capacity.
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 each 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.
Voluntary Stormwater Basin Fee - One-hundred dollars ($100) per unit paid at the
time of each Building Permit Application.
Voluntary Animal Shelter Impact Fee - One hundred dollars ($100) per unit paid at
the time of each Building Permit Application.
The amount of all required impact fees shall be at the prevailing rate authorized at the time
of payment of impact fees.
H. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
I. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
J. Developer agrees to reimburse the City of Edge water for direct costs associated with
the legal review, engineering review and construction inspection related to the Villas at Massey
Ranch Subdivision development approval and the construction of required infrastructure
improvements and the review and approval of the final plat.
K. The developer shall provide all public facilities to support this project including the
following:
1.
2.
3.
Water Distribution System including fire hydrants.
Sewage Collection and Transmission System including lift station.
Stormwater collection/treatment system, including outfall system.
(Agreement/Zoning- VilIas@MasseyRanch )
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4. Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the Subdivision. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
5. Developer is responsible for costs of recording the plat upon approval by the City of
Edgewater.
6. Bonds - A Performance Bond may be accepted by the City and shall be 110% ofthe
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
issuance of a Development Order. The Maintenance Bond shall be in effect for a
two (2) year period.
7. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and
maintained by the Condominium Association 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.
8. Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of four feet (4') and shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot. Developer shall provide a bond or
surety in a form acceptable to the City in the amount of $1 0.00 per lineal foot for two
(2) years. If sidewalks are not completed within two (2) years, the developer will
install the remaining sidewalks. All sidewalks shall be maintained by the COA.
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 PURPOSES
The Developer shall convey to the City of Edgewater, by warranty deed and title insurance
free and clear of all liens and encumbrances, all roadway right of ways and all utility easements as
required. The Villas at Massey Ranch Subdivision has designated 5.947::1:: acres as open space, to
be maintained by the COA.
(AgreementlZoning- Villas@MasseyRanch ) 10
8. PERMITS REQUIRED
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, Florida
Fish and Wildlife Conservation Commission and V olusia County.
City of Edgewater - Rezoning, Subdivision Plat approval, Subdivision Construction Plan
approval, all applicable clearing, removal, construction and building permits.
Minimum finished floor elevation shall be 12.50 feet.
2.
3.
9.
DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment, or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived, or as expressly provided or in this
Agreement.
Developer shall establish a mandatory Condominium Owner's Association (COA) for the
purpose of maintaining the property and enforcing applicable covenants and restrictions. The
mandatory COA 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 Villas at Massey Ranch
as common area tract as depicted on the plans. The COA documents, including applicable
Articles of Incorporation; Covenants and Restrictions; and By-Laws shall be reviewed and
approved by the City prior to final plan approval.
HEALTH SAFETY AND WELFARE REQUIREMENTS
10.
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.
(Agreement/Zoning-Villas@MasseyRanch) 11
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.
13. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and all final
site plans, shall bind and inure to the benefit ofthe Developer or its successors in interest and assigns
and any person, firm, corporation, or entity who may become the successor in interest to the land
subject to this Agreement or any portion thereof and shall run with the land and shall be administered
in a manner consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in
V olusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months, commencing 12-
months after the date of this Agreement to determine if there has been good faith compliance with
the terms 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 the provisions contained herein shall be construed, controlled, and interpreted
according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and obligations
(Agreement/Zoning-ViIlas@MasseyRanch) 12
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 subj ect 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, will require City
Council approval.
19. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each shall execute
and deliver to the other party such further documents and instruments, in form and substance
reasonably necessary to confirm and/or effectuate the obligations of either party hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of this
Agreement by an action for specific performance.
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. COUNTERP ARTS
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
(Agreement/Zoning- ViIIas@MasseyRanch ) 13
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 EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Witnessed by:
John Massey
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this _day of _2005, by
and who has produced
as identification and who did (did not) take an oath.
Notary Public
Stamp/Seal:
(Agreement/Zoning- ViIlas@MasseyRanch ) 14
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida:
A portion of Lot 136, ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT, according
to the plat thereof, as recorded in Map in Map Book 3, Page 153, of the Public records of Vol usia
County, Florida, being described as follows: Commence at the southwest corner of Wildwood
Subdivision, Unit 3, according to the plat thereof as recorded in Map Book 38, Page 35 of the Public
Records of Vol usia County, Florida, thence North 20017'14" West, along the westerly line of said
Wildwood Subdivision, Unit 3, also being the easterly line of said Lot 136 and along the easterly
right of way of Massey Ranch Boulevard, a 100- foot right of way, as shown on plat of Massey Ranch
Airpark Unit 1, recorded in Map Book 44, Pages 68 through 70, inclusive, for the Public records of
Volusia County, Florida, a distance of330.15 feet to the northeasterly corner of said Lot 136, thence
South 69040'57" West, along the northerly line of said Lot 136, a distance of 1 OO-feet to the westerly
right of way of said Massey Ranch Boulevard and for the Point of Beginning; thence South 200 1 7' 14"
East, along said westerly right of way of Massey Ranch Boulevard, a distance of330.07 feet; thence
South 20'15'17" East, continuing along said westerly right of way of Massey Ranch Boulevard and
its southerly prolongation, a distance of 598.79 feet; thence North 89041'51" West, a distance of
540.32 feet; thence North 06'16'50" West, a distance of761.33 feet to the southerly line of US Lot
4, Section 31, Township 17 South, Range 34 East; thence North 69044'12" East, along said southerly
line of U.S. Lot 4, Section 31, a distance of 26.02 feet to the southeasterly corner of U.S. Lot 4,
Section 31, said point also being the southwesterly corner of U.S. Lot 4, Section 32, Township 17
South, Range 34 East, thence North 69040'57" East, along the southerly line of said U.S. Lot 4,
Section 32, a distance of295.85 feet to the Point of Beginning.
Containing 8.12 acres, more or less.
(Agreement/Zoning- ViIlas@MasseyRanch ) 15
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DIMENSION PLAN
EXHIBIT "C"
TREES
(Agreement/Zoning- VilIas@MasseyRanch )
17
AGENDA REQUEST
C.A. NO.: 2005-206
Date: November 18, 2005
PUBLIC
HEARING 12/05/2005
RESOLUTION
ORDINANCE
12/0512005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Ordinance #2005-0-53 -
An Ordinance amending Section 1-9 (Additional Court Cost for Law
Enforcement Education) of Chapter 1 (General Provisions) of the
Code of Ordinances.
BACKGROUND:
In 2002, City Council adopted modifications to Chapter 1 (General Provisions) that established a
schedule offines, fees and/or penalties that were to be established by Council. Ordinance #2005-0-
53 provides that Section 1-9 (Additional Court Cost for Law Enforcement Education) will be
amended to reflect that all changes would be made pursuant to the Florida Statutes and as established
and modified by resolution of the City Council.
STAFF RECOMMENDATION:
Staffrecommends approval of Ordinance #2005-0-53 which reflects that changes would be pursuant
to the Florida Statutes and established by resolution of the City Council.
ACTION REQUESTED:
Motion to approve Ordinance #2005-0-53.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
Concurrence:
~~.
~~I,"k
Robin L. Matusick "--
Paralegal
v...~&\( ~~~ ~~ " '
Kenneth R. Hooper \ r-
City Manager
rim
ORDINANCE NO. 2005-0-53
AN ORDINANCE AMENDING SECTION 1-9 (ADDITIONAL
COURT COST FOR LA W ENFORCEMENT EDUCATION) IN
CHAPTER 1 (GENERAL PROVISIONS) OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Adoption of Ordinance #2002-0-17 provided for establishment of a schedule offines,
fees and/or penalties for violation of all penal ordinances and provided for additional court costs for
law enforcement education.
2. Ordinance #2002-0-17 also provided for the schedule of fines, fee and/or penalties
along with the additional court costs for law enforcement education to be established by City
Council.
3. Chapter 1, Section 1-9 (Additional court cost for law enforcement education) should
be amended to reflect that changes would be made pursuant to Florida Statutes and as established
and modified by resolution of the City Council.
NOW THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AMENDING SECTION 1-9 (ADDITIONAL COURT COST FOR LAW
ENFORCEMENT EDUCATION) IN CHAPTER 1 (GENERAL
PROVISIONS) OF THE CODE OF ORDINANCES.
Section 1-9 is hereby amended to read as follows:
St!t1ck tmough passages are deleted.
Underlined passages are added.
2005-0-53
1
Sec. 1-9.
Additional court cost for law enforcement education.
1)
There is hereby assessed by the City of Edgewater, in compliance with Section
318.18(11 )(b) and Section 938.15, Florida Statutes, an additional t\'\iO dollars ($2.00)
amount as authorized by the appropriate section ofthe Florida Statutes and adopted
by resolution of the City Council, as court costs against every person convicted for
violation of a state penal or criminal statute or state traffic law or convicted of a
municipal or county ordinance or who admits to the commission of a traffic
infraction, where said offense occurred within the City of Edgewater. In addition,
t\'\iO dollars ($2.00) an amount as authorized by the appropriate section of the Florida
Statutes and adopted by resolution of the City Council shall be deducted from every
bond estreature or forfeited bail bond related to such penal statutes or ordinances.
However, no such assessment shall be made against any person convicted for
violation of any state statute, municipal or county ordinance relating to the parking
of vehicles.
2)
All such assessments shall be collected by the appropriate court and shall be remitted
to the city and marked for law enforcement education and training for members of
the Police Department. The use and expenditure of such funds shall be in accordance
with education and training programs for law enforcement personnel" as determined
by the chief of police and in accordance with Section 938.15, Florida Statutes.
PARTB.
NOTICE TO THE COURT ADMINISTRATOR.
The City Clerk is hereby directed to transmit a certified copy of this Ordinance and any
related resolution to Mark Weinberg, Court Administrator, Courthouse Annex, 125 East Orange
Avenue, Room #200, Daytona Beach, Florida 32114.
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,
Strtlck th10tlgh passages are deleted.
Underlined passages are added.
2005-0-53
2
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.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through G shall not be codified.
PART F.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART G.
ADOPTION.
After Motion by
and Second by
, the vote
on the first reading of this ordinance held on December 5, 2005, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
Struck tlnongh passages are deleted.
Underlined passages are added.
2005-0-53
3
After Motion by
and Second by
, the vote
on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 19th day of December, 2005.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
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: 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 December, 2005 under Agenda Item No.
6
Struck tluough passages are deleted.
Underlined passages are added.
2005-0-53
4
AGENDA REQUEST
C.A. NO.: 2005-207
Date: November 18, 2005
PUBLIC
HEARING 12/05/2005
RESOLUTION
ORDINANCE
12/05/2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Ordinance #2005-0-54 -
An Ordinance amending Section 5-70 (Enforcement) of Chapter 5
(Animals & Fowl-Animal Control) of the Code of Ordinances.
BACKGROUND:
In 1997, City Council enacted a Schedule ofF ees, Surcharges and Civil Penalties relating to Chapter
5 (Animals and Fowl-Animal Control). Ordinance #2005-0-54 provides that Section 5-70
(Enforcement) will be amended to reflect that all changes would be made pursuant to the Florida
Statutes and as established and modified by resolution of the City Council.
STAFF RECOMMENDATION:
Staffrecommends approval of Ordinance #2005-0-54 which reflects that changes would be pursuant
to the Florida Statutes and established by resolution ofthe City Council.
ACTION REQUESTED:
Motion to approve Ordinance #2005-0-54.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
Concurrence:
~~~~~~4rJ~'
Robin L. Matusick I ~
Paralegal .
\1...",",,-_& ~ \\00-:;""'- \,~ V. '
Kenneth R. Hooper \ \
City Manager
rim
ORDINANCE NO. 2005-0-54
AN ORDINANCE AMENDING SECTION 5-70
(ENFORCEMENT) OF CHAPTER 5 (ANIMAL CONTROL-
ANIMALS AND FOWL), ARTICLE VI (ENFORCEMENT AND
PENALTIES) OF THE CODE OF ORDINANCES, CITY OF
EDGEW ATER, FLORIDA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. In 1997 City Council enacted of a "Schedule of Fees, Surcharges and Civil Penalties"
relating to Chapter 5 (Animal Control) of the Code of Ordinances.
2. Chapter 5, Section 5-70 (Enforcement) should be amended to reflect that changes
would be made pursuant to Florida Statutes and as established and modified by resolution of the
City Council.
NOW THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AMENDING SECTION 5-70 (ENFORCEMENT) OF CHAPTER 5
(ANIMAL CONTROL-ANIMALS AND FOWL), ARTICLE VI
(ENFORCEMENT AND PENAL TIES) OF THE CODE OF
ORDINANCES.
Section 5-70 is hereby amended to read as follows:
Sec. 5-70.
Enforcement.
(a) An animal control officer who has probable cause to believe that a violation of this
chapter has occurred shall do one or more of the following:
(1) Issue a warning to the person who has committed the violation.
(2) Issue a citation to the person who has committed the violation.
StI: tick th:t ough passages are deleted.
Underlined passages are added.
2005-0-54
1
(3) Impound the animal involved.
The determination that a violation has occurred may be the result ofthe animal control officer's own
investigation or as the result of a complaint by an aggrieved person.
(b) A violation of this chapter, except as otherwise provided, constitutes a civil infraction
punishable by a civil penalty not to exceed five hundred dollars ($500.00). Penalties for violation
of specific sections of this chapter shall be established by resolution of the City Council. If a person
who has committed the violation does not contest the citation, a civil penalty of less than the
maximum allowed will be assessed. Any citation may be contested in county court.
(c) Each day or fraction thereof during which a violation of this chapter continues shall be
considered as a separate offense.
(d) It shall be mandatory for an owner of an animal to appear in court under the following
circumstances:
(1) When any violation of this chapter results in the unprovoked biting, attacking
or wounding of another animal.
(2) When any violation of this chapter results in the destruction or loss of
personal property and such destruction or loss exceeds one hundred and
00/1 00 dollars ($100.00) in value.
(3) When a person is cited with a second or subsequent violation of Section 5-19
involving animal cruelty.
(4) When a person is cited with a third or subsequent violation of any section of
this chapter.
(e) If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or
fails to appear in court as required, the court may issue an order to show cause upon the request of
the City. This order shall require the person to appear before court to explain why action on the
citation has not been taken. If any person who is issued such an order fails to appear in response to
the court's directive, that person may be held in contempt of court.
(f) The commission of a charged infraction at a hearing authorized pursuant to this chapter
must be proven by a preponderance of the evidence.
(g) Any person who willfully refuses to sign and accept a citation issued by an animal control
officer is guilty of a misdemeanor ofthe second degree, punishable as provided in Section 775.082
or 775.083, Florida Statutes.
(h) The City Council may by resolution impose a surcharge of up to five dollaI5 ($5.00) in
an amount as authorized pursuant to Section 828.27(4 )(b t Florida Statutes and adopted by resolution
ofthe City Council upon each civil penalty imposed for violation of this chapter. The proceeds from
such surcharge shall be used to pay the costs of training for animal control officers.
(i) In addition to the civil penalty, the City shall include on the citation any costs assessed
against the owner of an animal by operation of this chapter which remain unpaid as of the time a
citation is issued.
PART B.
NOTICE TO THE COURT ADMINISTRATOR.
Stt tick t1l1ong;h passages are deleted.
Underlined passages are added.
2005-0-54n
2
The City Clerk is hereby directed to transmit a certified copy of this Ordinance and any
related resolution to Mark Weinberg, Court Administrator, Courthouse Annex, 125 East Orange
Avenue, Room #200, Daytona Beach, Florida 32114.
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.
PARTE.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through G shall not be codified.
PART F.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
StI: tick tht ough passages are deleted.
Underlined passages are added.
2005-0-54
3
PART G.
ADOPTION.
After Motion by
and Second by
, the vote
on the first reading of this ordinance held on December 5, 2005, was as follows:
AYE
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. 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
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
ShtIck t1116ngh passages are deleted.
Underlined passages are added.
2005-0-54
4
NAY
NAY
PASSED AND DULY ADOPTED this 19th day of December, 2005.
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
Stuu:;k thHmgh passages are deleted.
Underlined passages are added.
2005-0-54
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
5
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of December, 2005 under Agenda Item No.
6
AGENDA REQUEST
Date: November 2, 2005
PUBLIC
HEARING RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT 12/5/05 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Request for re-appointment to the Edgewater Library Board due to the term of Anne McDevitt expiring.
BACKGROUND:
Anne McDevitt was appointed to the Library Board on November 18, 2002 and her current term expired
November 18, 2005.
STAFF RECOMMENDATION:
At the November I, 2005 meeting of the Library Board, they unanimously voted to recommend the City
Council reappoint Anne McDevitt for another three-year term.
ACTION REQUESTED:
Motion to reappoint Anne McDevitt for another three-year term to the Edgewater Library Board.
FINANCIAL IMP ACT: (FINANCE DIRECTOR) N/ A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES
DATE: AGENDA ITEM NO.
NO X
Respectfully submitted,
~.
,- 'L~-~\..'r"l"Y'J.-J--
Lisa loomer
Library Board Recording Secretary
;Ib
Attachment
William P. and Anne M. McDevitt
November 3, 2005
City of Edgewater
P. O. Box 100
Edgewater, FL 32132-0100
Re: Reappointment to City of Edgewater Library Board
Mr. Mayer and City Council:
My term of appointment expires November 2005, and I respectfully request that you
consider reappointing me to an additional term on the Library Board. I have very much
enjoyed serving with this worthwhile group, and feel that I have more to contribute if you
approve my reappointment. Thank you for your consideration.
Sincerely,
~~~ rh~ iA~::tr
Anne M. McDevitt
610 Portside Lane
Edgewater# FL 32141
(386) 427-4604
(386) 795-5833 Mobile
AGENDA REQUEST
Date: November 28. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
CONSENT
x
OTHER
BUSINESS
ITEM DESCRIPTION:
Law Enforcement Block Grant (LLEBG) #2006-LB-VX-xxxx
BACKGROUND:
The City of Edgewater Police Department has been selected to receive a local Enforcement Block
Grant from the Department of Justice in the amount of$8,419.00. The City will provide
$1,581.00 over the grant period from the Law Enforcement Trust Fund (LETF) as a required cash
match.
STAFF RECOMMENDATION:
Staff recommends that the City Council accept the $8,419.00 grant and authorize a cash match of
$1,581.00 from the Local Law Enforcement Trust Fund.
ACTION REQUESTED:
Motion to accept Local Law Enforcement Block Grant and approve matching funds.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~
Department DIrector
G~~.~~
Robin Matusick
Paralegal
\ &V
Kenneth R. Hooper
City Manager
AGENDA REQUEST
Date: November 28.2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
CONSENT
x
OTHER
BUSINESS
ITEM DESCRIPTION:
Law Enforcement Block Grant (LLEBG) #2006-LB-VX-xxxx
BACKGROUND:
The City of Edgewater Police Department has been selected to receive a local Enforcement Block
Grant from the Department of Justice in the amount of $8,419.00. The City will provide
$1,581.00 over the grant period from the Law Enforcement Trust Fund (LETF) as a required cash
match.
STAFF RECOMMENDATION:
Staff recommends that the City Council accept the $8,419.00 grant and authorize a cash match of
$1,581.00 from the Local Law Enforcement Trust Fund.
ACTION REQUESTED:
Motion to accept Local Law Enforcement Block Grant and approve matching funds as identified
for Grant #2006-LB-VX-xxxx.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE: 11/:<' e;!o5
AGENDA ITEM NO.
Resp;~IlY sub .
fPJ~ ~;JJ
Department Di tor
O-.pb~~ .A ~"'(.~~
Robin Matusick "
Paralegal
v..<<v~,.,. 5\(
Kenneth R. Hooper
City Manager
~tt't.', G.....~4:. -#: ~~ "c).~
~~,~~~ ~\ '~}s-Itr5.
Florida Department of Law Enforcement
~t ~tt":~<si~~~'~;#;;Ai;;.<i..;;M>.Oii;~;>~<;;;:<:~~'''~,'i",W.y;<m;;;'"&~,,,,~,*,,~,,,,,"''''~%*Wi.;;.~'<i<M::?~'''''",&''';<~'<';:;;>~'~~''\''''~4,~ II I
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GuyM. Tunllell, Commissioner
Jeh Bush, Governor
Charlie Crist, Attorney General
Tom Gallagher, Chie/Final/cial OJlicer
Charles H. Bronson, Commissioner o(Agriculture
October 14, 2005
The Honorable Donald A. Schmidt, Sr.
Mayor, City of Edgewater
Post Office Box 100
Edgewater, Florida 32132-0100
Dear Mayor Schmidt:
The State of Florida has received an award in the amount of $832,303 for State Fiscal
Year 2005-2006 from the U. S. Department of Justice, Edward Byrne Memorial Justice
Assistance Grant (JAG) Program. The Florida Department of Law Enforcement
(FDLE), Office of Criminal Justice Grants is the State Administrative Agency for these
grant funds which are distributed to units of local government based on locally
reported Part 1 crime statistics. The FDLE has allocated $8,419 from this award for
use by your agency, in accordance with the provisions of the Omnibus Appropriations
Act of 1996 (Public Law 104-134).
This award is disbursed initially in one lump sum and contingent upon availability of
federal funds. Instructions and a list of federal purpose areas along with state purpose
areas can be found at http://www.fdle.state.fl.us/grants/jagd/instructionsSFY2006.doc.
Allocations must be used for one of the six federal purpose areas listed at the above
website. As a condition of receiving this award, the subgrant must continue to report
to the Florida Department of Law Enforcement's Uniform Crime Report.
Recipients must apply on-line using FDLE's grant management system, Subgrant
Information Management On-Line (SIMON). Simon can be accessed at
http://simon.fdle.state.fl.us. The Project Start and End Dates in the on-line application
should reflect the period February 1,2006 through July 31,2006.
Committed to
Service · Integrity. Respect. Quality
Office of Criminal Justice Grants
Post Office Box 1489, Tallahassee, Florida 32302-1489. (850) 410-8700
www.fdle.state.fl.us
The Honorable Donald A. Schmidt, Sr.
October 14, 2005
Page Two
Application completion will require an "Announcement Code" which is a security
feature allowing access to the application. The Announcement Code is JAGD0506.
Note that this Code will be activated on October 14, 2005. Application completion
will not be possible without the announcement code. To assist you in completing this
application a user manual is available on-line. The deadline for this on-line submission
is December 1, 2005 at 5:00 p.m. at which time the announcement code will be
deactivated.
In addition to the on-line submission, recipients must print out the completed
application and required certifications and submit two hard copies (with original
signatures) to:
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
The deadline for this hard copy submission is December 7,2005.
Our office is available for any assistance needed. Please contact Crystal Parker at
850/410-8700 for SIMON issues, otherwise call Janice Parish, Planning Manager.
Sincerely,
~Q.4~~'~
Claytc1n H. Wilder
Administrator
CHW/JP/dh
cc: Law Enforcement Agency Head
2006 LLBG GRANT REQUEST ITEMS
LASERMAX LMS-1141 Laser si2hts for Glock Model 22
The Lasermax sight delivers pin point accuracy for Police issue Glock
handguns at distances within a 20-yard sight range. It projects a red laser
beam when aimed at a target that allows an individual Officer so see where
hislher weapon will strike if fired. As such it greatly reduces the potential of
an errant round be fired by an Officer if the situation should arise, further
reducing danger to others (Officers or bystanders) who might be in close
proximity to the conflict and increasing the likelihood of an Officer hitting
his/her target on the first shot. In doing so this devise increases the safety of
Officers and others in a potential life-threatening Police situation. Because
of its accuracy it is a standard issue with many SWAT or Tactical teams who
deploy to the field in hostile situations. It is our desire to equip all sworn
full-duty Officers with this devise.
The beam it projects is clearly visible either at night or in the daytime. It can
easily installed into our existing Glock Model22' s within minutes and
requires not special holsters, modifications to the firearm itself, or special
equipment to accompany it.
Area of focus - Officer Safety
Unit cost $267.00 each X (30) units = $8,010.00 + $49.00 shipping =
$8,059.00
EARPHONE KITS FOR MRK RADIOS
The earphone kit attaches directly to the microphone unit of our existing
MRK portable radios. What it allows Officers to do is accurately hear any/all
conversations over the radio without outside interference. Outside noise can
create a problem hearing an entire conversation, information being relayed,
or if loud enough cause an Officer to miss entirely what is being said to
him/her. Furthermore as it attaches to the ear no other person can hear what
the Officer is receiving. This can be an additional Officer safety issue as a
potential arrestee can overhear remarks regarding their present status or what
directions the Officer may be receiving at the time. We have experience both
of these types of situation in the past and will continue to do so until other
measures are taken. We plan on issuing twenty-five units. One for every
Officer working a uniform assignment in the field as an Officers safety
devise.
Area of focus - Officer Safety
Unit cost $40.32 each X (20) units = $806.40
2006 LAW ENFORCEMENT HANDBOOKS with CD
This handbook contains an up-to-date compilation of State Statutes and legal
guidelines most frequently used by Law Enforcement Officers in Florida.
Each handbook comes with a CD version for computer use and has an easy
search engine format.
Officers use these books as reference material for State law violations and as
the basis of charges and legal guidelines in the making arrests of subjects.
An individual version allows an Officer to tab, underline of otherwise mark
his/her book for their liking.
Area of focus - Officer legal knowledge
Unit cost $10.65 each X (35) units = $372.75
LED LIGHT SYSTEM ATTACHMENTS TO LAPTOP COMPUTERS
This attachment is a compact light system that compliments our existing
laptop computer systems. It is designed to increase light to the keyboard area
of a laptop installed in marked Police units. Officers have reported
difficulties during nighttime hours viewing and operating the keyboard area
of their equipment. The LED lamp attachment is also designed to cut down
on individual Officer eyestrain especially during late night hours of
operation. This model attaches directly to the computer laptop mount and
operates with a 12-volt power supply or off a USB port.
Area of focus - Officer Safety
Unit cost $49.99 each X (13) units = $649.87
2006 LLBG GRANT REQUEST ITEMS
2006 Grant award
Match (LETF)
$8,419.00
$1,581.00
Total Grant funds
$10,000.00
Item Unit cost ea. Number units Other cost Total cost
Lasermax $267.00 30 $49.00 $8,059.00
Earphones $40.32 20 N/A $ 806.40
Handbooks $10.65 35 N/A $ 372.75
LED system $49.99 13 N/A $ 649.87
$9,888.02
$111.98** $10,000.00
** Denotes funds for additional shipping/price potential increases.
AGENDA REQUEST
Date: November 8. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
CONSENT
x
OTHER
BUSINESS
ITEM DESCRIPTION:
The Police Chief is seeking Council's authorization to expend Law Enforcement Trust Funds
(LETF) in the amount of $2,932.80 to purchase six (6) Safariland Matrix armor vests for Officers
whose present equipment is nearing the end of the manufacturers warranty period.
BACKGROUND:
The City of Edgewater Police Department presently issues body armor to all uniform Officers
working in the Patrol Division who request it. Body armor is an essential piece of safety
equipment that protects the individual Officer from potential harm should they become involved
in a life threatening situation.
The manufacturer of this equipment will only guarantee its product for a stated period of time.
Once past that period they will no longer guarantee it will perform to its expectation and strongly
suggest immediate replacement. A total of six (6) Officers/Sergeants are rapidly approaching the
need to have their equipment replaced and upgraded as soon as possible.
As such the Police Chief is recommending that these replacements take place immediately to
protect individual Officers from potential harm of product failure and maintain the level of safety
we now enJoy.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve the use of Law Enforcement Trust Funds in the
amount of $2,932.80 to pay for the purchase of six (6) replacement body armor vests. (Price set
by existing State Contract).
ACTION REQUESTED:
Motion to approve the use of Law Enforcement Trust Funds in the amount of $2,932.80.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
DATE:
AGENDA ITEM NO.
Respectfully submitted,
NO
x
C)\ob~~l'H
Robm Matusick "-
Paralegal
\ ~Q_\
Kenneth R. Hooper
City Manager
ENfORCEMENT GEAR - BALLISTIC PROTECTION
Ii",' 1="'\1=111."" 1\11::1.
Safariland@ Matri~
Armorwea~
is Protection to
Match Any Threat!
. Made with GoldFlex",
QuadraLink'" woven Kevlar'"
and SpectraShield@ Plus
Flex'"
. Gold is top of the line for
ballistic protection and com-
fort with thinner more flexible
components
. Silver 5.2 Special Threat only is
designed to stop Winchester
Ranger9mm1l27 grain SXT HP,
Speed Gold Dot 357 SIG/125
grain GDHP, Fiocchi 9mml115
grain FMJ, S & B 9mm1124 grain
FMJ Steel Core Jacket, Aquila IQ
9mm165 grain hollow point
. Bronze blends protection and comfort
into an affordable vest
. Innovative panel designs result in additional
coverage while eliminating binding and rolling .
. New shape means greater comfort, greater coverage and added
wearability
. Removeable neoprene straps make it easy to reposition at either
anchor point
. Low profile QuikTab'" fasteners adjust easily and offer
increased strength and durability
Vest and carrier come in navy or white. Hand wash, c;lry flat. Made
in USA. See below for how-to-measure and sizing.
Specify size and color.
As Low As
$59999
~.
~
Xtreme@ Body
Armor by ABATM
Quadralink'" with DuPont"
Kevlar", GoldFIex'" and
SpectraShield" Plus combine
to take body armor to anew,
lighter dimension.
Akwadyne" Comfort
Management System alters the
fabric's molecular and chemical
components so that in warm
environments moisture and heat are
transferred away from the body; and ir
cool climes, the mesh lining traps heat
nels moisture away. All Xtreme" body
tested and certified. Features include:
. Front and back shirt tails
. Trauma plate insert pocket
. Anti-microbial olefin ballistic fabri
..Akwadyne" Comfort Management
. No interior seams means no chafed
. Carrier has internal suspension sys
sagging
See below for how~to-measure and siz
flat. Made in USA.
Specify size.
Item Threat Level
IIA
II
iliA
BRONZE ...
SILVER 5.2
SPECIAL
THREAT
Nil Threat Areal
Item level Density Price
#Y-BP295 II 0.90 Ibslsq ft $489.99
#Y-BP296 iliA 1.39 Ibslsq ft $589.99
#Y -BP297
II
0.74 Ibslsqft
$679.99
GOLD
...
#Y -BP299
#Y -BP300
II
iliA
0.74 Ibslsq ft
0.93 Ibslsq ft
$789.99
'$899.99
Front Panel Back Panel
(seated) (standing) Girth
How To Measure: have another person measuff
tape to take the measurements. Wear proper attir
shirt, service duly belt, etc.). Proper measuremen
and back panels will not touch the duly belt or it,
1. Front Panel: in a relaxed, seated position, m
(locate by running finger from the center of
pipe, to the point where the first bone in YOt
, approximately I" above the duty belt.
2. Back Panel: using the natural shoulder line,
the back and along this line. Measure from t
the duty belt.
3. Girth: take a standing. waist measurement, ensl
at its widest point Generally, the widest point
above the duly belt or along the belly-button Ii
.'
11'h"
12'h"
13'/,"
14'h"
14'h"
lS'h"
13'h"
, 14'/,"
1 5'/,"
16'h"
16'h"
17'h"
27'h"
33'/,"
37'/," .
39'h"
41'h"
43'/,"
Size
Small/Regular
MediumIRegular
largelRegular
J,.argellong
Extra Large/Regular
Extra Large/Long
AGENDA REQUEST
Date: November 9. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
CONSENT
x
OTHER
BUSINESS
ITEM DESCRIPTION:
The Police Chief is seeking Council's authorization to expend Law Enforcement Trust Funds
(LETF) in the amount of $2,500.00 to under write the costs of development and administration of
a Police Sergeant's promotional examination.
BACKGROUND:
The City of Edgewater Police Department presently has a vacant Police Sergeant's position that
needs to be filled through competitive examination. Development of a promotional examination
based on selected material needs to be devised through a competent authority. In order to carry
this task out in a fair and professional manner "Enforce Inc." was selected to develop and
administer the examination process. This is the same firm that was selected by the City's
Personnel Department who successfully developed and administered a previous Sergeant's
examination.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve the use of Law Enforcement Trust Funds in the
amount of $2,500.00 to pay for the development and administration of a Police Sergeant's
promotional examination.
ACTION REQUESTED:
Motion to approve the use of Law Enforcement Trust Funds in the amount of $2,500.00.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully su ,mitted,
~
(~").~-:dJ ~b~:C h'"
Robin Matusick \.._
Paralegal
'y,~~'Q.\\oc~~~
Kenneth R. Hooper
City Manager
Chief Mike Ignasiak
From:
Sent:
To:
Cc:
Subject:
Debbie Sigler [dsigler@cityofedgewater.org]
Tuesday, November 01, 2005 11 :08 AM
Mike Ignasiak
Liz McBride
Sergeant Tests
Chief Ignasiak
I have received a quote in the amount of $2,500.00 from Enforce Inc. to
prepare the sergeant tests, including the same process as last time.
Deb
1
AGENDA REQUEST
Date: November 21,2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
xx
OTHER
BUSINESS
xx
ITEM DESCRIPTION:
Florida Shores Water Tower Maintenance Contract
BACKGROUND:
The approved FY2006 City of Edgewater Budget includes $11,188.00
which is allocated in the Repair and Maintenance line item in the Renewal
and Replacement Fund, for the annual maintenance of the Florida Shores
Elevated Water Tower located on Kumquat Drive. The contract calls for
annual wash out and physical inspection services, as well as necessary
repairs and painting touch ups. When needed, the entire tank will be
repainted and the interior recoated to Florida Department of
Environmental Protection Standards, normally every 5 - 7 years. The
contract length is indefinite, but can be cancelled by the City within 90
days of the anniversary date. The advantage to the City ofthis contract is
the appearance and integrity (structural) of the tower is maintained at a
high level, and the costs are spread over a period of years to accommodate
a uniform budgeting approach. The last tower contract for refurbishing
the Florida Shores Tower and demolishing the Park Avenue Water Tower
was $175,000.00 payable in a single fiscal year.
STAFF RECOMMENDATION:
Staff recommends entering into a Water Tank Maintenance
Contract with Utility Service Company, Inc. for the Florida
Shores Water Tower at an annual fee of$11,188.00 from
FY2006 through FY2014, at which time the base fee changes to
$12,812.00 annually.
ACTION REOUESTED:
A motion to approve the Water Tank Maintenance Contract for the
Florida Shores Water Tower at an annual budget amount of$II,188.00
as proposed by Utility Service Company, Inc., and to authorize the City
Manager to execute the contract on behalf of the City.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
Respectfully submitted,
~,W~
Department irector
C:\MyDociments\TerrysFiles\AgendaRequest
YES
NO
xx
AGENDA ITEM NO.
~~'rJ\
Robin Matusick, Paralegal l
RENEWAL AND REPLACEMENT SUMMARY
2003 2004 2005 2005 2006
Y-T-D
ACIUAL ACIUAL BUDGET ACIUAL PROPOSED
NET ASSETSJBEGINNING CASH 731,109 993,560 293,832 293,832 5,320
GRANT PROCEEDS SJRWMD 202,000 0 0 0 0
INTEREST EARNINGS 12,599 10,058 9,665 15,915 10,000
OTIIER. MISC REVENUE 0 1,300 0 181,697 0
APPROPRIATED FUND BALANCE 0 0 83,336 0 152,322
WATER & SEWER OPERATING 270,809 278,649 310,335 300,000 300,000
TOTAL REVENUE 485,408 290,007 403,336 497,612 462,321
PROFESSIONAL SERVICES 150 798 0 71,130 0
COURT REPORTER SERVICES 0 0 0 64,869 0
REPAIR & MAINTENANCE 500 93,574 100,000 179,850 11,188
BUilDINGS 0 0 1 0 0
IMPROVEMENTS Off BUILDING 0 74,818 190,000 195,893 337,800
MACHINERY & EQUIPMENT 0 1,798 0 6,870 0
TOTAL CAPITAIlOTHER USES 6SO 170,988 290,001 518,612 348,988
PRINCIPAL 0 0 111,657 111,314 0
INTEREST 0 1,010 1,678 2,021 0
TRANSFERS OUT 0 0 0 0 113,334
TRANSFERS OUT 222,307 817,737 0 154,177 0
TOTAL DEBT SERVICEfI'RANSFERS 222,307 818,747 113,335 267,512 113,334
TOTAL RENEWAL AND REPLACEMENT 222,957 989,735 403,336 786,124 462,322
SURPLUS/(DEFICI1) FOR FISCAL YEAR 262,451 -699,728 0 -288,512 0
NET ASSETSIENDING CASH BALANCE 993,560 293,832 293,832 5,320 5,320
75
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Utility Service co., inc.
Water Tank Maintenance Contract
Owner: City Of Ed2ewater. Florida
Tank Size: 150.000 Elevated
Location: Florida Shores Tank
Date Prepared: November 18.2005
535 Courtney Hodges Blvd.
P.O. Box 1350
Perry, Georgia 31069
tel: 478-987-0303 800-223-3695
fax: 478-987-2991
www.utiltiyservice.com
utility Senice Co.
I . co. ,. 0 R ~ , [ 0
WATER TANK MAINTENANCE CONTRACT
This agreement entered into by and between City of Ed2ewater. Florida hereinafter known as the
Owner, and Utility Service Co., Inc. hereinafter known as the Company.
The Owner agrees to employ the Company to provide the professional service needed to maintain its
150.000 gallon water storage tank: located at Florida Shores Tank.
This agreement outlines the Company's responsibility for the care and maintenance of the above
described water storage tank:. Care and maintenance shall include the following:
The Company will annually inspect and service the tank beginning in the year 2006. The tank and tower
will be thoroughly inspected to ensure that the structure is in a sound, watertight condition.
Biennially, beginning with the first washout/inspection in 2007. the tank will be completely drained and
cleaned to remove all mud, silt, and other accumulations that might be harmful to the tank or its contents.
This cleaning will utilize high pressure equipment with chemical injection. After cleaning is completed,
the interior will be thoroughly inspected and disinfected prior to returning to service.
The Company shall furnish specialized services including engineering and inspection services needed to
maintain and repair the tank: and tower during the term of this contract. These repairs include steel
replacement, steel parts, expansion joints, water level indicators, sway rod adjustments, manhole
covers/gaskets, and other component parts of the tank or tower.
The Company will clean and repaint the interior and/or exterior of the tank: at such time as complete
repainting is needed. The need for interior painting is to be determined by the thickness of the existing
liner and its protective condition. The need for exterior painting is to be determined by the appearance
and protective condition of the existing paint.
When painting is needed, all products and procedures will be equal to, or exceed the requirements of the
Florida Dept. of Environmental Protection, the American Water Works Association, and the Steel
Structures Painting Council as to surface preparation, coating materials, and disinfection.
When interior renovation is needed, procedures as outlined in A.W.W.A.-D102 specifications for
cleaning and coating of potable water tanks will be followed. Only material approved for use in potable
water tanks will be used on any interior surface area.
At the time the exterior requires painting, the Company agrees to utilize a coating system which best suits
the site conditions, environment, and general location of the tank.
The Company will install an anti-climb device on the access ladder to prevent unauthorized persons from
climbing the tower.
Page 1 of3
Copyright 2002,
Utility Service Co., Inc.
'...
! .
A lock will be installed on the roof hatch of the tank to prevent any unauthorized entry to the water tank.
Keys to the tank will be retained by the Owner and the Company.
The Company will provide emergency service to handle any problems with the tank at no additional cost
to the Owner. Reasonable travel time must be allowed for the repair unit to reach the tank site.
The Company will furnish relief valves, if needed, to install in the water system so the Owner can pump
direct and maintain water pressure while the tank is being serviced.
The Company will furnish current certificates of insurance coverage to the Owner at the time any work is
performed or upon renewal of any policy.
The Owner shall have the right to continue this contract for an indefinite period of time providing the
annual fee is paid in accordance with the terms of payment. A base fee of $12.812.00 plus all
applicable taxes has been established for this tank. This base fee be2ins in Year 2015. See
Addendum No.1 for Years 2006 throu2h 2014.
In year 2018 and each third year thereafter, the annual fee will be adjusted to reflect the current cost of
service. The adjustments, either up or down, shall be limited to a maximum of 5% annually.
It is agreed that future mandated environmental, health, or safety requirements which cause significant
changes in the cost of tank maintenance will be just cause for modification of this agreement. The
Company is accepting this tank under program based upon existing structure and components [ANY
MODIFICATIONS TO THE TANK, INCLUDING ANTENNA INSTALLATIONS, SHALL BE APPROVED BY UTILITY
SERVICE CO., INC. PRIOR TO IMPLEMENTATION AND MAY WARRANT AN INCREASE IN THE ANNUAL FEE].
This contract does not include the cost for containment or disposal of any hazardous waste materials, nor
resolution to operational problems due to cold weather, Acts of God, structural damage due to antenna
installations or other attachments for which the tank was not originally designed, or other conditions
which are beyond the Owners and Company control.
This contract is subject to cancellation by the Owner only if intent to cancel is received by the Company
ninety [90] days prior to the anniversary date. Notice of Cancellation is to be delivered by registered
mail and signed by three [3] authorized voting Officials of the Owner's management and/or
Commissioners. Unless intent to cancel is received from the Owner, this contract shall automatically
renew each year.
This Agreement signed this
day of
UTILITY SERVICE CO., \Nc.n
~~ftJ.j-)
OWNER:
by
title
by Tim McDaniel. FL Representative
title
witness
witness
~~~ ~. Q;;(LA
seal:
seal:
Page 2 of3
Copyright 2002,
Utility Service Co., Inc.
\
Addenda to Contract Number 150.000 Elevated-Florida Shores Tank, Dated 11-18-05
'-
No.1
PAYMENT TERMS: All applicable taxes are the responsibility of the Owner and in addition to the
stated costs and fees in this contract. The annual fee in Years 2006 through 2014 shall be $11,188.00
per year. Beginning in Year 2015, the annual fee shall be $12,812.00. The first annual fee shall be due
and payable February 1, 2006. Each subsequent annual fee shall be due and payable February 1 of each
year thereafter.
witness
~~/ij4~
date II - J 8 - 0 S
witness {? JI ~/~ ;.J - 011 ~
Owner
by
date
The above signatories certify that they are duly authorized to sign this Contract and the Addenda on behalf of the entities
represented.
The Company reserves the right to assign any outstanding receivables from this Contract to its Bank or other Lending Institutions
as collateral for any Loans or Lines of Credit.
SEAL
SEAL
Page 3 of3
Copyright 2002
Utility Service Co., Inc.
-
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