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02-27-2006 Voting Order Mayor Thomas Councilwoman Rogers Councilman Vincenzi Councilwoman Rhodes Councilwoman Lichter AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING February 27, 2006 7:00 PM COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES A. Regular Meeting of December 5, 2005 B. Regular Meeting of December 19, 2005 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Nancy Christman, Intergovernmental Coordinator, St. Johns River Water Management District, presenting a ceremonial check for $80,000 for the Eastern Shores Stormwater Project. B. Mayor Thomas presenting Cedric Stevens a plaque for his years 201/2 years of service with the City of Edgewater. C. Chief Ignasiak presenting Gary Conroy a plaque for"Officer of the Year". 4. CITY COUNCIL REPORTS 5. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to five minutes or less. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing,Matthew Markofskyu requesting an amendment to the Coral Trace RPUD (Residential Planned Unit Development) Agreement. B. Public Hearing, Matthew Markofsky requesting replat approval for an additional 22-lots to be located within the Coral Trace subdivision. Annexations: C. 1St Reading, Ord. No. 2006-0-05, J.C. Carder requesting annexation of 28.56+ acres of land located north of Godfrey Road and west of the Indian River. Small Scale Comprehensive Plan Amendments: D. 1St Reading, Ord. No. 2006-0-04, James Morris, agent for Charles and Phyllis Barry, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 5.04+ acres of land located south of SR442 and west of Old Mission Road as Commercial with Conservation Overlay. City Council Agenda February 27, 2006 Page -2- 6. Public Hearings, Ordinances and Resolutions Cont. Rezonings: E. 2nd Reading, Ord. No. 2005-0-56, Paul and Tomoko Newsom and Robert Jalbert, Jr. requesting an amendment to the Official Zoning Map to include 12+ acres of property located at 2203 and 2295 Cow Creek Road as AG (Agriculture) and RT (Rural Transitional). F. 2nd Reading, Ord. No. 2006-0-03, Visconti requesting an amendment to the Official Zoning Map to include 2.44+ acres of property located at 3609 and 3625 S. US1, including the vacant parcels to the north and east as B-3 (Highway Commercial) and R-3 (Single-Family Residential). G. Res. No. 2006-R-01, to borrow $500,000 for the General Fund through Bank of America, N.A. to finance and construct the new Animal Adoption/Rescue Facility. 7. BOARD APPOINTMENTS A. Planning and Zoning Board 1) Nomination by Councilwoman Lichter to fill vacated seat due to the expired term of Ed Vopelak, who is seeking reappointment. 2) Nomination by Mayor Thomas to fill vacated seat due to the expired term of Robert Garthwaite, who is not seeking reappointment. 8. CONSENT AGENDA -None at this time. 9. OTHER BUSINESS A. Water/Wastewater Purchase Agreement - staff recommending approval to award bid to DPC Enterprises, L.P. for the purchase of chlorine cylinders for an annual estimated cost of$30,000 and authorize City Manager to execute the agreement. B. Stormwater Management Cost-Sharing Agreement - staff recommending approval to enter into Contract with the St. Johns River Water Management District for the Eastern Shores Stormwater Improvement Project and authorize the City Manager to execute the Agreement. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items 12. ADJOURN. City Council Agenda February 27, 2006 Page -3- Note: All items for inclusion on the March 6, 2006, agenda must be received by the City Manager's office no later than 4:30 p.m Monday, February 27, 2006. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. L\liz_docs\agendas\022706reg r PUBLIC HEARING February 27, 2006 BOARD APPOINTMENT ITEM DESCRIPTION: C I C-1 1 AGENDA REQUEST Date: February 15, 2006 RESOLUTION ORDINANCE X OTHER BUSINESS CONSENT Matthew Markofsky, requesting an amendment to the Coral Trace RPUD (Residential Planned Unit) Agreement OWNER: Coral Trace Associates APPLICANT /AGENT Coral Trace Associates - Matthew Markofsky REQUESTED ACTION: Amendment to the existing RPUD Agreement to include an additional 22-lots. PROPOSED USE: Replat of a Single Family Residential Subdivision known as Coral Trace. LOCATION: North of S.R. 442, west of Lybrand Avenue AREA: 3.11± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Mixed Use with Conservation Overlay ZONING DISTRICT: RPUD (Residential Planned Unit Development) VOTING DISTRICT: 2 .C'TTRR()TTXMTNf1 AREA: DA -0501 - Coral Trace Phase ii 1 Current Land Use FLIJMDesi nation Zoning District North Vacant Volusia County — Low Impact Volusia County — A-3 Urban (Transitional Agriculture) East Manufactured Home Volusia County — Low Impact Volusia County — MH-5 Park, Single Family Urban (Urban Mobile Home), A-3 Residential, Vacant (Transitional Agriculture) South Vacant Mixed Use with Conservation Volusia County — A-3 Overlay (Transitional Agriculture) West Single Family Volusia County — Low Impact Volusia County — B-6 Residential, Vacant Urban, Rural (Highway Interchange Commercial), A-2 (Rural Agriculture) and A-3 (Transitional Agriculture) DA -0501 - Coral Trace Phase ii 1 L" Background: Prior approvals for the Coral Trace subdivision were as follows: • Annexation — March 2, 1998 • Future Land Use Map Amendment - December 17, 2001 • Zoning Map Amendment — October 20, 2003 • Preliminary Plat — April 19, 2004 • Final Plat — October 18, 2004 The Coral Trace subdivision contains 200 single-family building lots. There is an RPUD Agreement associated with this development allowing up to 200 units. The applicant is proposing an additional 22 single building lots within platted tracts currently named Tract K and Tract L to be included in the subdivision. At the December 14, 2005 Planning and Zoning Board meeting the Board voted 6-0 to send a favorable recommendation to City Council for this request. Land Use Compatibility: The proposed use of single-family homes is compatible with the existing residential development. Adequate Public Facilities: The site has access to S.R. 442. All interior roadways have been completed and shall be gated. All necessary infrastructure was constructed during the initial development and will be utilized by the additional lots. The Volusia County School Board has been notified of the proposed development for a school impact review per the Interlocal Agreement adopted March 3, 2003. Natural Environment: Due to the Conservation Overlay associated with this site an Environmental Assessment was completed and approved prior to construction plan approval and satisfies all standards set forth in the Comprehensive Plan and Land Development Code. Consistency with Comprehensive Plan: The RPUD zoning classification is compatible with the Future Land Use designation of Mixed Use and provides consistency with Policy 1. 1.9 of the Future Land Use Element of the City of Edgewater Comprehensive Plan, which states: "A minimum fifteen acres is required for the Mixed-Use land use category designation. The only zoning districts permitted in the Mixed-Use land use categories are planned developments, including community center and employment center districts." Other Matters: There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approval of the amendment to the Coral Trace RPUD Agreement. ACTION REQUESTED Motion to approve the Coral Trace subdivision replat. PREVIOUS AGENDA ITEM: DATE Respectfully Submitted By: Da Jn Lear Development ervices Director YES NO X AGENDA ITEM NO. Robin Matusick Paralegal Kenneth R. Hooper AT City Manager DA -0501 - Coral Trace Phase ii OV THIS INSTRUMENT PREPARED BY: `r Paul E. Rosenthal, Esquire FOLEY & LARDNER 111 North Orange Avenue, Suite # 1800 P.O. Box 2193 Orlando, FL 32802 -2193 AFTER RECORDING RETURN TO: Robin L. Matusick, Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O. Box 100 Edgewater, FL 32132 -0100 For Recording Purposes Only PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT CORAL TRACE SUBDIVISION AMENDMENT NO. 1 THIS AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT is made and entered into this day of , 2006 by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City ") and CORAL TRACE ASSOCIATES, a Florida General Partnership, with Matthew Markofsky as the authorized agent whose address is 3969 North Federal Highway, Suite 203, Fort Lauderdale, Florida 33308 (hereinafter referred to as "Developer "). WHEREAS, Developer has requested an amendment to the Planned Unit Development (PUD) Agreement for the Coral Trace Subdivision to include the following modifications to the Agreement dated October 20, 2003. 1. Paragraph 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 66.8 10 acres located East of Interstate 95 and North of State Road #442 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 currently is Coral Trace Associates with Matthew Markofsky as their authorized agent. 'Iftw (Agreement/Zoning - Coral Trace - Amendment #1) 1 A 2. Paragraph 3A. DEVELOPMENT USES PERMITTED 3A. Averaize Lot Size/Unit Count Coral Trace shall not exceed a total of 222 single - family dwelling units. The 222 single - family lots are planned to be 50' x 115' or greater. Based on the Final Subdivision Plan approval, the total number of units may vary but the maximum residential units allowed for the Coral Trace Subdivision shall not exceed 3.5 dwelling units per total acreage or a total of 222 units. No lot will exceed a maximum building coverage of forty-four percent (44 %) with a maximum impervious coverage of fifty -five percent (55 %) per lot. Minimum Lot Size: Area —5,750 square feet Width - 50 feet Depth - 115 feet 3. Exhibit " A " - LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. A portion of U.S. Lots 4, 5 and 6, lying in Section 5, Township 18 South, Range 34 East, Volusia County, Florida, and a portion of Lots 11 and 12, together with all of Lots 13 -18, Map of Harris First Subdivision, of a part of Samuel Betts Grant, according to the plat thereof, as recorded on Map Book 7, Page 73, of the Public records of Volusia County, Florida, as described in O.R. Book 4659, Page 2737 of the said Public records of Volusia County, being more particularly described as follows: Commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18 South, Range 34 East, Volusia County, Florida; thence South 21'27'28" East along the Easterly line of said U.S. Lot 4, a distance of 385.46 Feet to the POINT -OF- BEGINNING; thence continue South 21 °27'28" East along said Easterly line, a distance of 169.71 Feet to the Northwest corner of said Lot 18; thence North 69 °14'14" East along the North line of said Lot 18 and the South Right -of -Way line of a 30 foot road Right -of -Way of said Map of Harris First Subdivision, a distance of 1,024.99 Feet; thence leaving said line run South 21 °27'28" East, a distance of 70.01 Feet; thence North 69'14'14" East, a distance of 110.01 Feet to the West Right -of -Way line of Lybrand Avenue; thence South 21 °27'28" East along said West Right -of -Way line, a distance of 2,255.00 Feet; thence leaving said West Right -of -Way line run South 68 °22'01" West, a distance of 1,000.00 Feet; thence South 21 °27'28" East, a distance of 447.52 Feet to the point of curvature of a circular curve concave to the West, having a radius of 540.00 Feet, and a central angle of 17 °50'20 "; thence Southerly along the arc of said curve an arc distance of 168.13 Feet; thence South 03 °37'08" East, a distance of 71.28 Feet to the point of curvature of a circular curve concave to the East, having a radius of 460.00 Feet, and (Agreement/Zoning - Coral Trace - Amendment # 1) 2 a central angle of 17 °08'33 "; thence Southerly along the arc of said curve an arc distance of 137.63 Feet; thence North 68 °22'25" East, a distance of 24.97 Feet; thence South 21'27'28" East, a distance of 35.00 Feet to the North Right -of -Way line of State Road 442; thence South 68 °22'25" West along said North Right -of -Way line, a distance of 140.00 Feet to a point lying 50 Feet Westerly (by perpendicular measurement) of the East line of said U.S. Lot 6; thence North 21'27'28" West parallel to the East line of said U.S. Lot 4, 5 and 6, a distance of 3,380.86 Feet to a point on the South line of the North 363 Feet of said U.S. Lot 4; thence North 88'11'49" East along said South line, a distance of 53.09 Feet to the POINT -OF- BEGINNING. Containing 66.810 Acres of land more or less. 4. In all other respects, the terms and conditions of that certain Planned Unit Development (PUD) Agreement dated October 20, 2003 and recorded on November 26, 2003 at Official Records Book #5214, Pages 2491 through 2506, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to the Planned Unit Development (PUD) Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Susan J. Wadsworth City Clerk L O IN Mike Thomas Mayor Robin L. Matusick Paralegal (Agreement/Zoning - Coral Trace - Amendment #1) Witnessed by: Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA CORAL TRACE ASSOCIATES (OWNER) Matthew Markofsky, Managing Agent The foregoing instrument was acknowledged before me on this day of , 2006, by MATTHEW MARKOFSKY, who has authority to execute this document on behalf of CORAL TRACE ASSOCIATES as their Managing Agent, and ❑ who is personally known or ❑ who has produced as identification and who did (did not) take an oath. Notary Public Stamp /Seal: rn (Agreement/Zoning - Coral Trace - Amendment #1) 4 PUBLIC r.r HEARING February 27, 2006 BOARD APPOINTMENT ITEM DESCRIPTION: AGENDA REQUEST Date: February 15, 2006 RESOLUTION CONSENT ORDINANCE OTHER BUSINESS Matthew Markofsky, requesting replat approval for an additional 22-lots to be located within the Coral Trace subdivision. on OWNER: Coral Trace Associates APPLICANT /AGENT Coral Trace Associates - Matthew Markofsky REQUESTED ACTION Replat approval for Coral Trace subdivision PROPOSED USE: Single Family Residential. LOCATION: North of S.R. 442, west of Lybrand Avenue AREA: 3.11± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Mixed Use with Conservation Overlay ZONING DISTRICT: RPUD (Residential Planned Unit Development) VOTING DISTRICT: 2 C-TTP1DnTT AR EA' SD -0505 - Coral Trace Phase ii I Current Land Use FLUMDesi nation Zoning District North Vacant Volusia County — Low Impact Volusia County — A-3 Urban (Transitional Agriculture) East Manufactured Home Volusia County — Low Impact Volusia County — MH-5 Park, Single Family Urban (Urban Mobile Home), A-3 Residential, Vacant (Transitional Agriculture) South Vacant Mixed Use with Conservation Volusia County — A - 3 Overlay (Transitional Agriculture) West Single Family Volusia County — Low Impact Volusia County — B Residential, Vacant Urban, Rural (Highway Interchange Commercial), A-2 (Rural Agriculture) A-3 (Transitional Agriculture) SD -0505 - Coral Trace Phase ii I Background: Prior approvals for the Coral Trace subdivision were as follows: • Annexation — March 2, 1998 • Future Land Use Map Amendment - December 17, 2001 • Zoning Map Amendment — October 20, 2003 • Preliminary Plat — April 19, 2004 • Final Plat — October 18, 2004 The Coral Trace subdivision contains 200 single building lots. There is an RPUD Agreement associated with this development allowing up to 200 units. The applicant is proposing an additional 22 single building lots to be included in the subdivision. At the December 14, 2005 Planning and Zoning Board meeting the Board voted 6 to send a favorable recommendation to City Council for this request. Land Use Compatibility: The proposed use of single homes is compatible with the existing residential development. Adequate Public Facilities: The site has access to S.R. 442; all interior roadways have been completed. All necessary infrastructure was constructed during the development of Phase I and will be utilized by the additional lots. The Volusia County School Board has been notified of the proposed development for a school impact review per the Interlocal Agreement adopted March 3, 2003. Natural Environment: Due to the Conservation Overlay associated with this site an Environmental Assessment was completed and approved prior to construction plan approval and satisfies all standards set forth in the Comprehensive Plan and Land Development Code. en Consistency with Comprehensive Plan: The RPUD zoning classification is compatible with the Future Land Use designation of Mixed Use and provides consistency with Policy 1.1.9 of the Future Land Use Element of the City of Edgewater Comprehensive Plan which states: "A minimum fifteen acres is required for the Mixed-Use land use category designation. The only zoning districts permitted in the Mixed-Use land use categories are planned developments, including community center and employment center districts." Other Matters: There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving the Coral Trace subdivision replat for the addition of 22 lots. ACTION REQUESTED Motion to approve the Coral Trace subdivision replat. PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully Submitted By: cv Da en Lear Robin Matusick Kenneth R. Hooper Development Services Director Paralegal City Manager SD -0505 - Coral Trace Phase ii 2 �ho Notes: 1. The bearings shown hereon are based on the West line of Samuel Betts Grant being N 21'27'28" W said bearing is derived from the State Plane Coordinate System for Florida's East Zone (N.A.D. 83/90). 2. The following easements are hereby reserved: a. A 10 foot wide Public utility easement, contiguous with and outside of the private and public road rights -of -way dedicated by this plat is reserved for the installation of utilities, unless otherwise noted. This does not apply where the right -of -way line and the plat boundary are the same. b. A 5 foot wide Public utility easement along all side lot lines is reserved for the installation of utilities, unless otherwise noted by a private drainage easement. The term "utilities" as used on this plat shall include, but not be limited to sewer, security, telephone, electric, cable television, potable water and drainage facilities. C. All private drainage easements shown hereon are hereby dedicated to the Coral Trace Homeowners Association of Volusia, Inc.. 3. The drainage easements shown hereon shall be for the installation, operation and maintenance of, and access to the stormwater facilities within the plat boundary. 4. All platted utility easements shall provide that such easements shall also be easements for the construction, installation, maintenance, and operation of cable television services; provided, however, no such construction, installation, maintenance, and operation of cable television services shall interfere with the facilities and services of an electric, telephone, gas, or other public utility. In the event a cable television company damages the facilities of a public utility, it shall be solely responsible for the damages. This shall not apply to those private easements granted to or obtained by a particular electric, telephone, gas, or other public utility. Such construction, installation, maintenance, and operation shall comply with the National Electrical Safety Code as adopted by the Florida Public Service Commission. 5. The 10 foot wide Private Access Easements being 5 foot each side of the lot lines as shown hereon are for the benefit of the adjoining lots in the event that access to the rear of the lot is required and the individual lot owners side yard width is not adequate to accommodate the access. 6. The Bellsouth easement located within Tract B is hereby dedicated to Bellsouth for installation and maintenance of Bellsouth equipment. 7. Tract A is conveyed to the City of Edgewater by warranty deed recorded in O.R. Book Page of the Public Records of Volusia County, Florida, for a sanitary sewer lift station site. 8. Tract B is hereby conveyed to, controlled by and maintained by the Coral Trace Homeowners Association of Volusia, Inc. for recreation amenities. 9. Tracts C, D, E and F are here by conveyed to, controlled by and maintained by the Coral Trace Homeowners Association of Volusia, Inc. for stormwater management. A Public Drainage Easement over Tract F is hereby dedicated for drainage of the public portion of Coral Trace Boulevard. 10. Tracts G and H are hereby conveyed to, controlled by and maintained by the Coral Trace Homeowners Association of Volusia, Inc. for wetland preservation. 11. No alteration or filling is allowed within Tracts G and H. 12. Tracts G and H are subject to a Conservation Easement in favor of the St. Johns River Water Management District pursuant to Section 704.06, Florida Statutes. 13. Tract I is hereby conveyed to, controlled by and maintained by the Coral Trace Homeowners Association of Volusia, Inc. for private road Right -of -Way., for the purpose of ingress and egress, subject to a Public utility easement and a perpetual, non- exclusive easement for access over all internal roadways and paved areas shall be granted in favor of the City of Edgewater, and other applicable authorities for law enforcement, fire, and other emergency services. 14. Tract J is hereby conveyed to, controlled by and maintained by the Coral Trace Homeowners Association of Volusia, Inc. for landscape amenities. 15. Tract M is hereby conveyed to, controlled by and maintained by the Coral Trace Homeowners Association of Volusia, Inc. for signage and landscape amenities. 16. Tracts K and L are hereby retained by the developer for future development, in accordance with the City of Edgewater Land Development Code. 17. For joinders in dedication see O.R. Book , Page , of the Public Records of Volusia County, Florida. 18. For protective covenants and deed restrictions see O.R. Book , Page , of the Public Records of Volusia County, Florida. 19. Where more than one Lot or parts of one or more Lots are intended to be used as a single building site, the outside boundaries of that building site shall carry the side Lot line easements, provided that no utilities exist within said easement and proper verification has been made. 20. The property is subject to the terms and conditions of the certain Declaration of Covenants, Conditions and Restrictions recorded in Official Records Book , Page , Public Records of Volusia County, Florida. 21. This Plat is subject to the terms and conditions of that certain Developers Agreement dated November 11, 2003, recorded in Official Records Book 5214, Pages 2491 -2613, Public Records of Volusia County, Florida. 22. Site Data: The existing land use classification is RPUD (Residential Planned Unit Development) as defined in the City Land Development Code. Total Lots 200 Minimum Lot size 50'x 115' Building Setbacks per Developers Agreement recorded in O.R. Book 5214, Page 2491, of the Public Records of Volusia County, Florida. Minimum Yard Size and Setbacks: Front= 25' Rear = 20' Side = 5' Side corner = 15' Maximum Height = 26' Utility Easements = 10' Front, 5' Sides Wetland = 25' Swimming Pools = Rear 7.5' to pool deck edge, Side 5' 23. Building setbacks must be verified with the City of Edgewater Zoning Department prior to construction of homes. Q Q \r 0 W �- � o z SEE SHEET 7 OF 7 7 T 1 I� C a SEE SHEET SEE SHEET SEE SHEET SEE SHEET 6 OF 7 5 OF 7 4 OF 7 3 OF 7 Fj w � as s7 as eo ao al a2 as � 76 as aB ap a ob ea m m � ° RACT I CORAL T CE U LIE VARD W PP eO u tae tea an »a 1 lo ue Y wr at tau u u ae ee w ae ao eo m 99 m u 66 7a "I llz 1e0 es f 1CT I CORAL TRACE Fir) a 191 u1 1a > 67 In 1011ae 1eal� me ma 17 171 1 q 1e6 1a u ACT L v U �O O Z V L.L] Iv U .7 N p1. �ISgION ftopU w 0 m W p a e . e ��momm000mmmmmmm�m�m000000000 ...: v U �O O Z V L.L] Iv U .7 N p1. �ISgION ftopU w 0 m W p a c. AGENDA REQUEST Date: February 15, 2006 *M, PUBLIC HEARING February 27, 2006 RESOLUTION BOARD APPOINTMENT CONSENT ITEM DESCRIPTION: 1st Reading — Ordinance No. 2006-0-05 ORDINANCE X OTHER BUSINESS James C. Carder, requesting annexation of 28.56± acres of land located north of Godfrey Road and west of the Indian River. OWNER: James C. Carder APPLICANT /AGENT James C. Carder REQUESTED ACTION: Annexation PROPOSED USE: Residential development, although no development plans have been received by staff at this time. LOCATION: North of Godfrey Road, west of the Indian River AREA: 28.56± Acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County — Urban Low Intensity ZONING DISTRICT: Volusia County — R-3W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Background This property is located north of Godfrey Road and west of the Indian River. The property to the west is under the same ownership and was annexed into the City in September 2005. The applicant is proposing some form residential development on this site. 1%W At the January 11, 2006 Planning and Zoning Board meeting the Board voted to send a favorable AN -0516 - Carder 1 Current Land Use FLUM Designation Zoning District North Single Family Volusia County — Urban Low Volusia County — R-3W (Urban Residential Intensity Single Family Residential) East Single-Family Volusia County — Urban Low Volusia County — R-3W (Urban Residential / Indian Intensity Single Family Residential) River South Single Family Volusia County — Urban Low Volusia County — R-3W (Urban Residential Intensity and Urban Medium Single Family Residential) and Intensity R-4W (Urban Single Family Residential) West Vacant Volusia County — Urban Low Volusia County — R-3W (Urban Intensity Single Family Residential) Background This property is located north of Godfrey Road and west of the Indian River. The property to the west is under the same ownership and was annexed into the City in September 2005. The applicant is proposing some form residential development on this site. 1%W At the January 11, 2006 Planning and Zoning Board meeting the Board voted to send a favorable AN -0516 - Carder 1 recommendation to City Council for the proposed annexation. Land Use Compatibility The annexation and proposed use of this parcel is compatible with the surrounding area of residential usage. "0 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 (81 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. Vegetation on-site includes Xeric Oak, Temperate Hammocks, Mixed Wetland Hardwoods, Live Oak Hammock, and Cabbage Palm Hammock. Soils types include Cassa Fine Sand, Pompano-Placid Complex, Tavares Fine Sand, Myakka Fine Sand, and Turnbull Variant Sand. Appropriate mitigation for any environmental constraints must be approved by all applicable State, County and City agencies. Comprehensive Plan Consistency Annexation of this property is consistent with the Comprehensive Plan. Policy 1.8.3 of the Future Land Use Element states: "New development proposed within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards as a condition for the extension of public utilities." Other Matters The Future Land Use and Zoning Map amendments shall occur at a later date. STAFF RECOMMENDATION Staff recommends approval of Ordinance No. 2006-0-05; the annexation of 28.56± acres of land located north of Godfrey Road and west of the Indian River. ACTION REQUESTED Motion to approve Ordinance No. 2006-0-05. PREVIOUS AGENDA ITEM: YES NO X DATE Respegtfully Submitted By: AGENDA ITEM NO. f& Darre Lear Robin Matusick Kenneth R. Hooper Development Se vices Director Paralegal City Manager AN -0516 - Carder 2 ORDINANCE NO. 2006-0-05 Now AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED NORTH OF GODFREY ROAD, WEST OF THE INDIAN RIVER, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; 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. James C. Carder, owner /applicant for annexation of property located North of Godfrey Road, West of the Indian River, within Volusia County, Florida. Subject property contains approximately 28.56 ± acres. 2. The owner /applicant has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on January 11, 2006, the Board Struek through passages are deleted. Underlined passages are added. 2006 -0 -05 recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit `B ", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B ". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. J 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. Stmek flnough passages are deleted. Underlined passages are added. 2006 -0 -05 2 PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. 1 '` After Motion by and Second by the vote on the first reading of this ordinance held on February 27, 2006, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter St. tick thtough passages are deleted. Underlined passages are added. 2006 -0 -05 3 After Motion by and Second by the vote on the second reading /public hearing of this ordinance held on March 6, 2006, was as follows: AYE Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter PASSED AND DULY ADOPTED this 6th day of March, 2006. ATTEST: Susan J. Wadsworth City Clerk NAY CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Strnel- t� passages are deleted. Underlined passages are added. 2006 -0 -05 M Approved by the City Council of the City of Edgewater at a meeting held on this 6th day of March, 2006 under Agenda Item No. 6 law EXHIBIT "A" ,%W LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. A portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East lying Easterly of U.S. Highway No. 1 except the Westerly 1350 feet and a portion of C.E. McHardy Grant in Section 49, Township 18 South, Range 34 East and lands lying Easterly of said South 771.3 feet of the North 1731.3 feet of the said Jane Murray Grant and Easterly of a portion of C.E. McHardy Grant and a portion of the 10 -foot planting area lying Northerly of and adjacent to Godfrey Road a 50 foot right -of -way as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida and being described as follows: Commence at the Southwesterly corner of the 10 -foot planting area lying Northerly of and adjacent to Godfrey Road a 50 foot R/W as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida; thence along the monumented Southerly line of the said 10 -foot planting area and the Northerly right -of -way line of Godfrey Road, run N 69 °06'17" E for a distance of 1350.10 feet; thence run N 22 °52'29" W along the East line of the Westerly 1350 feet of the Jane Murray Grant lying Easterly of U.S. Highway No. 1 for a distance of 784.79 feet to the monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant; thence N 68 °58'26" E along monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant and its Easterly prolongation for a distance of 2161.87 feet to the mean high water of Indian River North per FDEP MHW Survey File 1161 and per Dan Cory survey dated 06- 10 -94; thence along said mean high water line for the following four courses, S 37 0 45'07" E for a distance of 25.43 feet; thence S 24 °46'47" E for a distance of 78.46 feet; thence S 28'12'19" E for a distance of 71.55 feet; thence S 27°38'06" E for a distance of 26.53 feet; thence leaving said mean high water line run S 68 °57'03" W for a distance of 798.35 feet; thence run S 22 °52'29" E for a distance of 587.65 feet to the said monumented Southerly line of the said 10 -foot planting area; thence S 69 °06'34" W along said monumented Southerly line of the said 10 -foot planting area and the Northerly right -of -way line of said Godfrey Road for a distance of 1381.61 feet to the Point of Beginning. Containing 28.56 ± acres more or less. St. tick th-ough passages are deleted. Underlined passages are added. 2006 -0 -05 5 m C CL V U � C l f � no_ A pV l.r eE% *AW AGENDA REQUEST Date: February 15, 2006 PUBLIC HEARING February 27, 2006 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT _ BUSINESS ITEM DESCRIPTION: 1St Reading — Ordinance No. 2006-0-04 James Morris, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 5.04± acres of land located south of SR 442, and west of Old Mission Road as Commercial with Conservation Overlay. OWNER: Charles and Phyllis Barry APPLICANT /AGENT: James Morris REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Commercial with Conservation Overlay. PROPOSED USE: There are no proposed development plans submitted to the City at this time. LOCATION: South of SR 442, and west of Old Mission Road. AREA: 5.04± acres CURRENT LAND USE: Vacant vow FLUM DESIGNATION: Volusia County Low Impact Urban ZONING DISTRICT: Volusia County RC (Resource Corridor) VOTING DISTRICT: 2 SURROUNDING AREA: Background City Council previously voted to transmit the proposed Future Land Use Map amendment for this property to the Florida Department of Community Affairs on January 28, 2002. The amendment was subsequently submitted to all other appropriate regulatory agencies for review. Following said , % W submittal, Volusia County objected to the proposed Future Land Use designation of Commercial. The owner's agent and the County were unable to come to an agreement on the Future Land Use for CPA -0514 - Barry Current Use Future Land Use Map Zoning District Designation North Distribution Facility and City of Edgewater Mixed — Volusia County — A -3 Vacant Use with Conservation (Transitional Agriculture) Overla East Vacant Volusia County Volusia County — RC (Environmental Systems (Resource Corridor) Corridor) South FDOT Borrow Pit Volusia County (Urban Low Volusia County — RPUD) Intensit) and A-2 (Rural Agriculture) West Vacant Volusia County (Low Impact Volusia County — A-3 Urban) (Transitional Agriculture) Background City Council previously voted to transmit the proposed Future Land Use Map amendment for this property to the Florida Department of Community Affairs on January 28, 2002. The amendment was subsequently submitted to all other appropriate regulatory agencies for review. Following said , % W submittal, Volusia County objected to the proposed Future Land Use designation of Commercial. The owner's agent and the County were unable to come to an agreement on the Future Land Use for CPA -0514 - Barry the property at that time. Therefore the amendment was never certified by the Volusia Growth Management Commission (VGMC). The property owner currently has new representation and has reapplied for the Future Land Use Map amendment. This property was annexed into the City on June 6, 1994. The Planning and Zoning Board previously recommended approval of the Future Land Use Map amendment to the City Council on February 8, 2006. Land Use Compatibility All of the adjacent properties are currently undeveloped with the exception of an active borrow pit to the south and truck distribution to the north of the parcel. Adequate Public Facilities City water is currently available to the site and sewer is available via an eight -inch (8 ") force main. Both are located along the north side of S.R. 442. This site is located less than one mile from the Interstate 95 / S.R. 442 interchange. This site has approximately 300-feet of frontage along S.R. 442. Natural Environment An environmental study shall be required and approved by the City prior to any development. Consistency with Comprehensive Plan The projected increase in population will result in the need for more commercial development to serve these new residents. In 2000, there were almost 207 developed commercial acres within the City of Edgewater. Projections of future commercial land were based on ratios of acres to population. Based on the 2000 population of 18,865, the ratio was approximately 11 commercial acres per 1,000 population. However, opportunities do exist for infill development and increases in density. The City is pursuing redevelopment opportunities and encouraging economic growth. Additional commercial acreage is also anticipated to develop adjacent to the Interstate 95 interchange, which is a regional opportunity for the City. Therefore, the commercial acres-per - population ratio was projected at 15 commercial acres per 1,000 population to account for this factor. The amount of additional commercial acres necessary to support future growth through the year 2010 is estimated to be an additional 188 acres of developable land. Other Matters The proposed amendment shall be transmitted to DCA, VGMC and all other required regulatory agencies for review. A Zoning Map amendment and site plan approval shall be required prior to any development of the site. STAFF RECOMMENDATION Staff recommends approval of Ordinance No. 2006-0-04; amending the Comprehensive Plan Future Land Use Map to include 5.04± acres of land located south of SR 442, and west of Old Mission Road as Commercial with Conservation Overlay. ACTION REQUESTED Motion to approve Ordinance No. 2006-0 PREVIOUS AGENDA ITEM: DATE Respectfully Submitted By: Darren Lear Development Services Director YES NO X AGENDA ITEM NO. Robin Matusick Kenneth R. Hooper Paralegal City Manager "We CPA -0514 - Barry ORDINANCE NO. 2006 -0 -04 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003 -0 -04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY LOW IMPACT URBAN TO CITY COMMERCIAL WITH CONSERVATION OVERLAY FOR PROPERTY LOCATED SOUTH OF STATE ROAD 442 AND WEST OF OLD MISSION ROAD, EDGEWATER, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council of the City of Edgewater, Florida, has made the following determinations: %W 1. James Morris of Storch, Morris and Harris, agent /applicant for Charles and Phyllis Barry, owners of property located South of State Road 442 and West of Old Mission Road, Edgewater, Florida. Subject property contains approximately 5.04 acres more or less. 2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested Amendment would change the Future Land Use Map designation from County Low Impact Urban to City Commercial with Conservation Overlay for the property described herein. 3. On February 8, 2006, the Planning and Zoning Board, sitting as the City's Local Planning Agency considered the change in the Future Land Use Map designation and by a vote of 2006 -0 -04 Passages are deleted. Underlined passages are added. 1 4 to 1, recommended that the City Council approve the request. 4. In a letter dated February 15, 2006, the Legal Department notified the owners by mail of the property and all property owners who own real property directly affected by the proposed action within 300 feet of the subject property regarding the pending Amendment. 5. On February 27, 2006, the City Council considered on first reading the proposed change in the Future Land Use Map designation. 6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on March 6, 2006, the City Council held a public hearing to consider the change in the Future Land Use Map designation after publishing notice of such hearing in the Daytona Beach News Journal Observer on Thursday, February 23, 2006. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER , FLORIDA: PART A. AMENDMENT - CHANGE IN FUTURE LAND USE MAP DESIGNATION. That Article I, Section 21 -04 of the City of Edgewater's Land Development Code, as amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edgewater, Florida regulating and restricting the use of lands located within the City of Edgewater, Florida, be, and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Commercial with Conservation Overlay for property described in the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit "B" (which are attached hereto and incorporated herein). PART B. FINDINGS OF CONSISTENCY. The City Council specifically determines that the approved change in the Future Land Use 2006 -0 -04 passages are deleted. Underlined passages are added. 2 Map designation is internally consistent with the policies and objectives contained in the Edgewater Comprehensive Plan, specifically Policy 1.6.4 of the Future Land Use Element states "Land uses that may generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems." PART C. AMENDMENT OF THE FUTURE LAND USE MAP. The Development Services Director is hereby authorized and directed to amend the Future Land Use Map of the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the Future Land Use designation for the property described herein. PART D. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. Pursuant to Section 163.3187(1)(c)2, Florida Statutes (2005), the Development Services Director is hereby directed to report this action to the state land planning agency as required therein. PART E. 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 F. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. 2006 -0 -04 Stmei flroe passages are deleted. Underlined passages are added. 3 PART H. ADOPTION. After Motion by and Second by , the vote on the first reading of this ordinance held on February 27, 2006 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion by and Second by the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 2006 -0 -04 passages are deleted. Underlined passages are added. 4 PASSED AND DULY ADOPTED this 6th day of March, 2006. ATTEST: Susan J. Wadsworth City Clerk CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP 2006 -0 -04 Stmek flrottgiT passages are deleted. Underlined passages are added. Approved by the City Council of the City of Edgewater at a meeting held on this 6th day of March, 2006 under Agenda Item No. 6 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. Lot 5, except the North 60 feet in road, Model Land Company's Subdivision according to Map in Map Book 5, Page 187, Public Records of Volusia County, Florida, being the lands described and recorded in Official Records Book 3 50 1, Page 1605, Public Records of Volusia County, Florida and except the following part of said Lot 5 being described as follows: COMMENCE at the Southeast corner of Section 5, Township 18 South, Range 34 East, Volusia County, Florida; thence North 21 °27'30" West along the East _line of said Section 5, also being the West line of Samuel Bett's Grant, Section 38, Township 18 South, Range 34 East, Volusia County, Florida, 120.025 meters (393.78 feet) to a point on the existing Southerly right of way line of State Road 442, as show on the Florida Department of Transportation Right of Way Map, Section 79210- 2505; thence North 68 °22'25 "East, along, said existing Southerly right of way line, 343.737 meters (1127.74 feet) to a transition point; thence South 21'37'35" East, 3.048 meters (10.00 feet); thence North 68 0 2225" East, along said existing Southerly right of way line, 82.996 meters (272.30 feet) to the West line of Lot 5, Model Land Company's Subdivision, as recorded in Map Book 5, Page 187, Public Records of Volusia County, Florida, for the POINT OF BEGINNING; thence continue North 68 °2225" East, along said existing Southerly right of way line, 106.686 meters (350.02 feet) to the East line of said Lot 5; thence departing said right of way line, South 21'25'25" East, along said East line, 8.230 meters (27.00 feet); thence South 68 °22'25" West, parallel with said existing right of way line of State Road 442, a distance of 94.685 meters (310.65 feet) to a point 12.000 meters (39.37 feet) East of, when measured perpendicular to, the West line of said Lot 5; thence South 21 1 " East parallel with said West line of Lot 5, a distance of 215.719 meters (707.74 feet); thence North 69 °3438" East, 94.672 meters (310.60 feet) to the East line of Lot 5; thence South 21 °25'25" East, along said East line, 138.684 meters (455.00 feet) to the South line of said Lot 5; thence South 69 0 34'38" West, along said South line, 106.657 meters (349.92 feet) to the Southwest corner of said Lot 5, thence North 21 West, along said West line of Lot 5, a distance of 362.381 meters (1188.91 feet) to the Point of Beginning.) Containing 5.04 ± acres more or less. 2006 -0 -04 9truek flvog}i passages are deleted. Underlined passages are added. 6 E5 � j N QZ O U � P " f�• !+ v o w a' . r of Gam4 c - 4 7 ilb C�. PUBLIC HEARING February 27, 2006 AGENDA REQUEST Date: February 15, 2006 RESOLUTION BOARD APPOINTMENT CONSENT ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2005 ORDINANCE X OTHER BUSINESS Paul Newsom requesting an amendment to the Official Zoning Map to include 12.38± acres of land located at 2203 and 2295 Cow Creek Road as AG (Agriculture) and RT (Rural Transitional). APPLICANT /AGENT: Paul Newsom OWNER: Paul and Tomoko Newsom and Robert E. Jalbert Jr. REQUESTED ACTION: Amendment to the Official Zoning Map to include property as AG (Agriculture) and RT (Rural Transitional). PROPOSED USE: Residential/agricultural LOCATION: 2203 and 2295 Cow Creek Road AREA: 12.38± acres CURRENT LAND USE: Single Family Residential/Agricultural & surfboard manufacturing FLUM DESIGNATION: Agriculture and Low Density Transition with Conservation Overlay ZONING DISTRICT: Volusia County — A2 (Rural Agriculture) VOTING DISTRICT: 2 SURROUNDING AREA: RZ -0409 - Jalbert- Newsom 1 Current Land Use FLLWDesigzzation Zoning District North Borrow Pit Agriculture with Conservation Volusia County A-3 Overlay (Transitional Agriculture) East Single family Volusia County Rural Volusia County A (Rural Residential Agriculture) South Vacant /Single family Volusia County Rural Volusia County A-2 (Rural Residential Agriculture) West Vacant /Agriculture Volusia County Rural and City Volusia County A (Rural of Edgewater Mixed Use with Agriculture) Conservation Overla RZ -0409 - Jalbert- Newsom 1 Background This parcel is located on the southeast corner of Cow Creek Road and Eels Grove Road. Staff has not received any proposed development plans at this time. At the November 9, 2005 Planning and Zoning Board meeting the Board voted 6-0 to send a favorable recommendation to City Council for the Zoning Map amendment. City Council voted 5-0 to approve the Zoning Map amendment request at first reading on February 13, 2006. Land Use Compatibility The current use of this property is compatible with the surrounding area, which is residential and agricultural in nature. Adequate Public Facilities This site has access to Cow Creek Road and Eels Grove Road. City water and sewer is not available at this time. Those facilities must be extended to this site at the developer's expense prior to any further development of the property. Natural Environment Soil types include Eau Gallie Fine Sand; Vegetation - Generalized Agriculture Open Water. Due to the Conservation Overlay Future Land Use designation, any further development of the site shall require an Environmental Assessment be provided to staff for approval. Consistency with Comprehensive Plan The proposed zoning designations are compatible with the adopted Future Land Use Map designations. Other Matters There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2005-0 -56: amendment to the Official Zoning Map to include 12.38± acres of land located at 2203 and 2295 Cow Creek Road as AG (Agriculture) and RT (Rural Transitional). ACTION REQUESTED Motion to approve Ordinance No. 2005 PREVIOUS AGENDA ITEM: YES X NO DATE: December 5, 2005 AGENDA ITEM NO. 6F February 13, 2006 6F Respectfully Submitted By: L,m 4 � Darren Lear Development Services Director Robin Matusick Paralegal Kenneth R. Hooper City Manager `WAO RZ -0409 - Jalbert- Newsom 2 ORDINANCE NO. 2005-0-56 ,%NW AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY A -2 (RURAL AGRICULTURE) TO CITY AG (AGRICULTURE) AND RT (RURAL TRANSITIONAL) FOR PROPERTY LOCATED AT 2203 AND 2295 COW CREEK ROAD, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Paul and Tomoko Newsom and Robert E. Jalbert, Jr., are the owners /applicants for property located at 2203 and 2295 Cow Creek Road, Edgewater, Florida. Subject property contains approximately 12.38 acres more or less. 'fir 2. The owner /applicant has submitted an application for a change in zoning classification from County A -2 (Rural Agriculture) to City AG (Agriculture) and RT (Rural Transitional) for the property described herein. 3. On November 9, 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 the proposed change in the zoning classification after publication of such hearing in the Observer on November 23, 2005. Straek thictigh passages are deleted. Underlined passages are added. 1%W 2005 -0 -56 1 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 EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County A -2 (Rural Agriculture) to City AG (Agriculture) and RT (Rural Transitional). The following described real property all lying and being in the County of Volusia Strack thtaugh passages are deleted. Underlined passages are added. 2005 -0 -56 2 No, and State of Florida. *MW PARCEL #1 A part of Lots 7 and 8, Model Land Company's Subdivision of Lots 1 and 2 and fractional Northeast 1/4 of Section 8, Township 18 South, Range 34 East per map in Map Book 5, Page 188 of the Public Records of Volusia County, Florida, excepting therefrom that part now in Florida East Coast Railway R/W per Warranty Deed as recorded in Official Records Book 156, Page 57, Public Records of Volusia County, Florida, all being more particularly described as follows: Commence at the Southwesterly corner of Lot 9, said Model Land Company Subdivision, said point of commencement also being the center of said Section 8, Township 18 South, Range 34 East; thence North 01'02'59" West along the Westerly line of said Lot 9, a distance of 660.38 feet; thence North 89 °36'50" East, a distance of 428.37 feet to a point on the Easterly R/W line of said FEC Railway R/W, said point being 300.00 feet Easterly of as measured at right angles to the centerline of said R/W; thence North 17 °59'46" West along the said Easterly R/W, a distance of 205.73 feet for the Point of Beginning; thence continue North 17 °59'46" West, a distance of 487.29 feet to the Northerly line of said Lot 8; thence North 89 °33'41" East along the Northerly line of said Lots 7 and 8, a distance of 790.21 feet; thence South 01'02'44" East, a distance of 232.60 feet; thence North 89 °33'41" East, a distance of 215.00 feet; thence North 01 0 02'44" West, a distance of 232.60 feet to the Northerly line of said Lot 7; thence North 89 °33'41" East along said Northerly line, a distance of 124.42 feet to the Northeast corner of said Lot 7; thence South 01'02'44" East along the Easterly line of said Lot 7, a distance of 330.81 feet; thence South 89 °35'15" West, a distance of 677.98 feet; thence South 01'02'52" East, a distance of 134.40 feet; thence South 899650" West, a distance of 309.58 feet to the Point of Beginning. Excepting therefrom the Northerly 30.00 feet of the above described property for road purposes. With an easement for egress and ingress over the East 15 feet of the North '/2 of Lot 7. Less and except that portion deeded in Official Records Book 4359, page 2243, Public Records of Volusia County, Florida, also: That portion of Lot 8, Model Land Company Subdivision of Lots 1 and 2, fractional Northeast Quarter of Section 8, Township 18 South, Range 34 East, Volusia County, Florida, lying Easterly of the centerline of Cow Creek Road, also known as Maytown Road, as it now exists. PARCEL #2 A part of Lot 8, Model Land Company's Subdivision of Lots 1 and 2 and fractional Northeast 1/4 of Section 8, Township 18 South, Range 34 East per map in Map Book 8haek through passages are deleted. Underlined passages are added. ,� 2005 -0 -56 3 5, Page 188 of the Public Records of Volusia County, Florida, and being more particularly described as follows: • Commence at the Southwesterly corner of Lot 9, said Model Company Subdivision, said point of commencement also being the center of said Section 8, Township 18 South, Range 34 East; thence North 01'02'59" West along the Westerly line of said Lot 9, a distance of 660.38 feet; thence North 89 °36'50" East, a distance of 428.37 feet to a point on the Easterly R/W line of the FEC Railway R/W, said point being 300.00 feet Easterly of and measured at right angles to the centerline of said R/W and for the Point of Beginning; thence North 17 °59'46" West along the said Easterly R/W line, a distance of 205.73 feet; thence North 89 °36'50" East a distance of 309.58 feet to the Easterly line of said Lot 8; thence South 01 East along said Easterly line, a distance of 196.10 feet to the Southeast corner of said Lot 8; thence South 89 °36'50" West along the Southerly line of said Lot 8, a distance of 249.61 feet to the Point of Beginning. The Southerly 30.0 feet of Lot 8, subject to an easement for ingress and egress per OR 1223, Page 309, Public Records of Volusia County, Florida. A portion of Lot 8, Model Land Company Subdivision, according to map thereof recorded in Map Book 5, Page 188, of the Public Records of Volusia County, Florida, and being more particularly described as follows: Commence at the Southeast corner of said Lot 8, thence South 89 °36'50" West, along the Southerly line of Lot 8, a distance of 249.61 feet for the Point of Beginning; said point being 300 feet Easterly of and measured at right angles to the old centerline of the Florida East Coast Railway; thence continue South 89 °36'50" West, a distance of 105.00 feet; thence North 17 °59'46" West, and parallel with said centerline of the railroad, a distance of 105.00 feet; thence North 89 °36'50" East, a distance of 105.00 feet; thence South 17 °59'46" East, a distance of 105.00 feet to a point of Beginning. Containing 12.38 ± acres more or less. Map of subject property is reflected on Exhibit " A " and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the Struck thi augh passages are deleted. Underlined passages are added. 2005 -0 -56 4 above described property. e� 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 %W recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Sh-aeit threngh passages are deleted. Underlined passages are added. ,%W 2005 -0 -56 5 PART G. ADOPTION. During the December 5, 2005 City Council meeting, Council continued the first reading of w! this ordinance until January 9, 2006. During the City Council meeting on December 19, 2005, Council announced a further continuation until February 13, 2006 due to the January 9, 2006 meeting being canceled. After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on February 13, 2006, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers X Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X After Motion by and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter Struck through passages are deleted. Underlined passages are added. 2005 -0 -56 6 PASSED AND DULY ADOPTED this 27th day of February, 2006. ,%.. ATTEST: Susan J. Wadsworth City Clerk CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Legal Assistant/Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: 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 27th day of February, 2006 under Agenda Item No. 6 passages are deleted. Underlined passages are added. 2005 -0 -56 7 4 0; jam D. w � - 0 op op dop dop op 400 V 40 dop 40P dIP OP ap do *0 40• dog 00 4w 00 so dOO mo . i t-,. _ I MMNVG 40ow '?�'` t. �,� --'.."�'� �,w . ��" . �`� ._ `,, PUBLIC HEARING February 27, 2006 BOARD APPOINTMENT AGENDA REQUEST Date: February 15, 2006 RESOLUTION CONSENT ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2006 OWNER: Diversified Flooring Inc. APPLICANT /AGENT: Visconti Construction LLC ORDINANCE X OTHER BUSINESS Visconti Construction LLC, requesting an amendment to the Official Zoning Map to include 2.44 acres of land located at 3609 and 3625 South US Highway 1, including the vacant parcels to the north and east as B-3 (Highway Commercial) and R (Single-Family Residential). REQUESTED ACTION: Amend the Official Zoning Map to include property as B-3 (Highway Commercial) (1.41± acres) and R-3 (Single Family Residential) (1.03± acres). PROPOSED USE: Maintain the existing commercial usage and develop single-family residential along Canal Drive. LOCATION: 3609 and 3625 South US Highway 1, including the vacant parcels to the north and east. AREA: 2.44± Acres CURRENT LAND USE: Commercial and vacant FLUM DESIGNATION: Volusia County — Commercial ZONING DISTRICT: Volusia County — B-4W (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Background This property is located south of Godfrey Road and east of US Highway 1. The proposed annexation site contains several contiguous parcels. A portion of the site contains Diversified Flooring, which has retail sales and a warehouse. The applicant is proposing to maintain the commercial portion of `r the property abutting US Highway 1 and create four (4) 75-foot x 150-foot residential lots with access to Canal Drive. RZ -0516 - Visconti Current Land Use FLUM Designation Zoning District North Vacant Volusia County - Urban Low Intensity Volusia County — R (Urban Single Family Residential) East Single Family Residential Volusia County — Urban Medium Intensit Volusia County — R-4W (Urban Single Residential) South Commercial Volusia County — Commercial Volusia County — B-4W (General Commercial) West Vacant Commercial B (Highway Commercial) Background This property is located south of Godfrey Road and east of US Highway 1. The proposed annexation site contains several contiguous parcels. A portion of the site contains Diversified Flooring, which has retail sales and a warehouse. The applicant is proposing to maintain the commercial portion of `r the property abutting US Highway 1 and create four (4) 75-foot x 150-foot residential lots with access to Canal Drive. RZ -0516 - Visconti The annexation and Future Land Use Map amendments were approved by the Planning and Zoning Board at their August 9, 2005 meeting by a vote of 5-0. The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council at their regular meeting of September 14, 2005 for Zoning Map amendment. • City Council adopted the annexation, and Future Land Use Map amendment on September 12, 2005. City Council voted 5-0 to approve the Zoning Map amendment request at first reading on February 13, 2006. Land Use Compatibility The existing and proposed use of these parcels is compatible with the surrounding area. US Highway 1 frontage property is generally commercial in nature. The existing commercial usage is compatible with the other commercial designations in the immediate vicinity. New commercial development or redevelopment shall be required to meet all requirements as set forth in the Land Development Code. The proposed residential usage along Canal Drive is consistent the properties to the east and north, which are single-family residential. Adequate Public Facilities These parcels have access to US Highway 1 and Canal Drive. Waterway Park is currently served by the City of Edgewater potable water system, and a 12-inch water line fronts the commercial property along the eastern right-of-way of US Highwayl. A six-inch (6 ") sewer force main also fronts the commercial property within the US Highway 1 eastern right-of-way. US Highway 1 currently operates at a Level of Service `B" in this area. Per the City of Edgewater Fire Rescue Department, the approximate response time to this property is five (5) minutes. Natural Environment There are no known environmental issues associated with the subject properties. Comprehensive Plan Consistency The proposed zoning classifications of B-3 (Highway Commercial) and R-3 (Single Family Residential) are compatible with the adopted Commercial and Low Density Residential Future Land Use designations. Other Matters Any development or redevelopment on the Commercial portion of the site shall require site plan approval. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-03; an amendment to the Official Zoning Map to include 2.44 acres of land located at 3609 and 3625 South US Highway 1, including the vacant parcels to the north and east as B -3 (Highway Commercial) and R-3 (Single-Family Residential). ACTION REQUESTED Motion to approve Ordinance No. 2006 PREVIOUS AGENDA ITEM: DATE: February 13, 2006 Respe tfully Submit d By: Darre Lear Development Services Director RZ -0516 - Visconti YES X NO AGENDA ITEM NO. 6G Robin Matusick Paralegal 2 Kenneth R. Hooper City Manager ORDINANCE NO. 2006-0-03 ``. AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B -4W (GENERAL COMMERCIAL) TO CITY B -3 (HIGHWAY COMMERCIAL) AND R -3 (SINGLE FAMILY RESIDENTIAL) FOR PROPERTY LOCATED AT 3609 AND 3625 SOUTH U.S. HIGHWAY NO. 1, INCLUDING THE VACANT PARCELS TO THE NORTH AND EAST, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Visconti Construction, LLC, applicant for Diversified Flooring, Inc., owners of property located at 3609 and 3625 South U. S. Highway No. 1, including the vacant parcels to the ,%W north and east, Edgewater, Florida. Subj ect property contains approximately 2.44 acres more or less. 2. The owner /applicant has submitted an application for a change in zoning classification from County B -4W (General Commercial) to City B -3 (Highway Commercial) and R -3 (Single Family Residential) 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 February 13, 2006, the City Council considered on first reading /public hearing the proposed change in the zoning classification after publication of such hearing in the Observer Passages are deleted. Underlined passages are added. Iftw 2006 -0 -03 1 on February 2, 2006. 5. On February 27, 2006, the City Council held a public hearing on the application after 1.r✓ publishing notice of such hearing in the Observer on February 16, 2006, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County B -4W (General Commercial) to City B -3 (Highway Commercial) and R -3 (Single Family Struck through passages are deleted. Underlined passages are added. 2006 -0 -03 2 Residential. The following described real property all lying and being in the County of Volusia and State of Florida. Lots 15, 16, 17, 18, 19, 20 and 21, Re- Subdivision of Waterway Park, Sec 1, according the plat recorded in Map Book 19, Page 269, Public Records of Volusia County, Florida. Also Lots 115,116,117,118,119 and 120, Waterway Park, Sec #2, according to the plat recorded in Map Book 19, Page 270, of the Public Records of Volusia County, Florida. Containing 2.44 + acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. %W 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. Struck tit. ough passages are deleted. Underlined passages are added. VOW 2006 -0 -03 3 PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on the first reading of this ordinance held on February 13, 2006, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers X Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X Struck thictigh passages are deleted. Underlined passages are added. 2006 -0 -03 4 rn After Motion by and Second by `, the vote on the second reading of this ordinance was as follows: AYE Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter PASSED AND DULY ADOPTED this 27th day of February, 2006. ATTEST: Susan J. Wadsworth City Clerk NAY CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP 8track-throcigh passages are deleted. Underlined passages are added. 2006 -0 -03 k Approved by the City Council of the City of Edgewater at a meeting held on this 27th day of February, 2006 under Agenda Item No. 6 m c 0 o � C, en vaoll ME AGENDA REQUEST Date: _February 21, 2006 PUBLIC HEARING RESOLUTION X ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution 2006 -R -01 to borrow $500,000 for the General Fund through Bank of America, N.A. to finance and construct the new Animal Adoption/Rescue Facility. BACKGROUND: At the February 13, 2006 meeting the Council approved the awarding of the loan to Bank of America for $500,000 and authorization for the Mayor to execute the loan agreement and associated documents upon the issuance of the Opinion of Counsel (See Attached). One of the documents required to close on the loan is a resolution from the Council authorizing the borrowing of the money. STAFF RECOMMENDATION: Staff recommends approval of Resolution 2006 -R -01 to borrow $500,000 for the General Fund through Bank of America, N.A. to finance and construct the new Animal Adoption/Rescue Facility. ACTION REQUESTED: Motion to approve Resolution 2006 -R -01 authorizing the execution and delivery of the loan agreement and other related documents. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PREVIOUS AGENDA ITEM: DATE: N/A 7 Res ctf illy submitted, e - - �' ;/' - & �Z" Ton C. Williams Finance Director YES NO XX AGENDA ITEM NO. ti r Robin Matusick Paralegal Kertheth R. H oper City Manager RESOLUTION NO. 2006 -R -01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH BANK OF AMERICA, N.A. TO PROVIDE THE CITY WITH A LOAN NOT EXCEEDING $500,000 TO FINANCE THE COST OF THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF A NEW ANIMAL ADOPTION AND RESCUE FACILITY IN AND FOR THE CITY, AUTHORIZING THE ISSUANCE OF A NOTE IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $500,000 TO SECURE THE REPAYMENT OF SAID LOAN; PROVIDING FOR THE PAYMENT OF SAID NOTE FROM AD VALOREM TAXATION LIMITED TO.06 MILLS ON ALL TAXABLE PROPERTY IN THE CITY; REAFFIRMING THE LEVY OF SUCH AD VALOREM TAX; DESIGNATING SUCH NOTE FOR THE EXCEPTION TO THE PROVISIONS CONTAINED IN THE INTERNAL REVENUE CODE OF 1986 WHICH DENY FINANCIAL INSTITUTIONS ANY DEDUCTIONS FOR INTEREST EXPENSE ALLOCABLE TO TAX - EXEMPT OBLIGATIONS; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION WITH SAID LOAN; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, as amended, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined and declared: A) The City of Edgewater, Florida (the "City "), deems it necessary, desirable and in the best interests of the City that the City undertake the acquisition, construction and installation of a new animal adoption and rescue facility for the City, as more particularly described in the Loan Agreement (as defined herein) and all in accordance with the plans and specifications on file or to be on file with the City, as the same may be modified from time to time (the "Project "). B) On February 13, 2006, the City adopted a resolution approving the proposal for a not to exceed $500,000 loan (the "Loan") from Bank of America, N.A. (the `Bank "), the proceeds of which will be applied to finance the cost of the Project. 2006 -R -01 1 C) The Loan will be secured by the Loan Agreement pursuant to which the City will issue a note (the "Note ") to secure the repayment of the Loan. D) The City is advised that due to the present volatility of the market for municipal debt, it is in the best interest of the City to issue the Note pursuant to the Loan Agreement by negotiated sale, allowing the City to issue the Note at the most advantageous time, rather than a specified advertised future date, thereby allowing the City to obtain the best possible price, interest rate and other terms for the Note and, accordingly, the City Council of the City hereby finds and determines that it is in the best financial interest of the City that a negotiated sale of the Note pursuant to the Loan Agreement be authorized. E) The costs of the Project in an amount not to exceed $500,000 will be financed from the proceeds of the Loan. F) The Loan will be repaid solely from the Pledged Funds (as defined in the Loan Agreement). Such Pledged Funds include, but are not limited to, ad valorem tax revenues at a maximum millage rate of .06 mills and moneys budgeted and appropriated pursuant to the Loan Agreement. G) On November 2, 2004, the City held a referendum election pursuant to which the voters of the City approved to levy of ad valorem taxes at a maximum millage rate of .06 mills on all taxable property in the City, to provide for the repayment of such Loan. H) Notice of the referendum election was duly published on July 9, 2004 and July 23, v4w 2004, in the The Observer, a newspaper of general circulation in the New Smyrna Beach, Florida and in Volusia County, Florida. I) It is not reasonably anticipated that more than $10,000,000 of tax - exempt obligations under Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code ") will be issued by the City in calendar year 2006. SECTION 3. AUTHORIZATION OF THE PROJECT. The City does hereby authorize the Project. SECTION 4. AUTHORIZATION OF LOAN AGREEMENT. The Loan and the repayment of the Loan by the City shall be pursuant to the terms and provisions of a Loan Agreement. The City hereby authorizes the Mayor or the Vice Mayor of the City (the "Mayor ") and the City Clerk or the Assistant City Clerk of the City (the "City Clerk ") to execute and deliver on behalf of the City the Loan Agreement by and between the City and the Bank substantially in the form attached hereto as Exhibit A (the "Loan Agreement "), with such changes, insertions and additions as they may approve, their execution thereof being evidence of such approval. SECTION 5. AUTHORIZATION OF NOTE TO FINANCE THE COST OF THE PROJECT. The City does hereby authorize the issuance of a Limited General Obligation Note (the "Note ") in the principal amount of not exceeding $500,000 for the purpose of providing the City `, 2006 -R -01 2 with sufficient funds to finance the cost of the Project. The Mayor and City Clerk are hereby authorized to execute, seal and deliver on behalf of the City, the Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Note shall be issued in the principal amount (not exceeding $500,000), shall bear interest at the initial interest rate (not exceeding [4.045] %), shall have a final maturity date (not later than July 1, 2026) and shall have such other terms, all as set forth in the Loan Agreement and the Note authorized herein and executed and delivered in connection with Loan. SECTION 6. REAFFIRMATION OF LEVY OF AD VALOREM TAX. Pursuant to and in accordance with the voter referendum, the City hereby reaffirms the levy of a maximum millage rate of .06 mills on all taxable property in the City, to provide for the repayment of the Loan. SECTION 7. DESIGNATION OF NOTE AS QUALIFIED TAX - EXEMPT OBLIGATIONS. The City hereby designates the Note described in SECTION 5 hereof as a "qualified tax- exempt obligation" under Section 265(b)(3) of the Code. This designation is based upon the findings of the City set forth in SECTION 2(I) of this Resolution and the Mayor is authorized to recertify such finding upon the issuance of the Note. The City acknowledges that any action which adversely impacts the status of the Note as a "qualified tax - exempt obligation" will result in an upward adjustment to the interest rate on the Note. SECTION 8. LIMITED OBLIGATION. The Note is a limited obligation of the City and the payment and principal thereof shall be payable from and secured as set forth in this section. While the Note is outstanding and unpaid, the City is and shall be irrevocably and unconditionally obligated to levy and endeavor to collect ad valorem taxes in an amount not to exceed .06 mills per y,:,_t r � )n all of the taxable property within the City, sufficient in amount together with other available moneys, to pay all principal of and interest on the Note as the same shall become due at maturity. SECTION 9. GENERAL AUTHORIZATION. The Mayor and City Clerk and other employees or agents of the City are authorized to execute and deliver such documents, instruments and contracts, and are hereby authorized and directed to do all acts and things required hereby as may be necessary for the full, punctual and complete performance of all the terms, covenants, provisions and agreements herein contained, or as otherwise may be necessary or desirable to effectuate the purpose and intent of this Resolution. SECTION 10. REPEAL OF INCONSISTENT DOCUMENTS. All ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 2006 -R -01 3 ` o ' PASSED, APPROVED AND ADOPTED this 27 ' day of February, 2006. After Motion by the vote on this resolution was as follows: and Second by AYE NAY Mayor Mike Thomas Councilman Debra J. Rogers Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter Susan J. Wadsworth , %r City Clerk ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Mike Thomas Mayor By: Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Approved by the City Council of the City of Edgewater at a meeting held on this 27th day of February, 2006 under Agenda Item No. 6 *AW 2006 -R -01 4 Exhibit A Loan Agreement 2006 -R -01 5 ,, o LOAN AGREEMENT BETWEEN CITY OF EDGEWATER, FLORIDA AND 1 %w' BANK OF AMERICA, N.A. Dated as of March 1, 2006 *# W . K_526989.1 TABLE OF CONTENTS Page ARTICLE 1 DEFINITION OF TERMS Section 1.1 Definitions______ _______________________________ Section1.2 Interpretation ....................................... ............................... 6 Section1.3 Titles and Headings ............................... ............................... 6 ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS; SECURITY FOR NOTE; ADDITIONAL OBLIGATIONS Section 2.1 Representations by the City ..................... ............................... 6 Section 2.2 General Representations, Warranties and Covenants of the Bank .................................................. ............................... 8 Section 2.3 Making of Loan .................................... ............................... 8 Section 2.4 Tax Covenants ...................................... ............................... 8 Section2.5 Security for Note ................................... ............................... 9 Section 2.6 Limited Pledge of Ad Valorem Taxes ......... ............................... 9 Section2.7 Payment Covenant ................................ ............................... 9 ARTICLE 3 DESCRIPTION OF NOTE; PAYMENT TERMS; OPTIONAL PREPAYMENT Section 3.1 Description and Payment Terms of the Note ............................... 9 Section3.2 Optional Prepayment .............................. .............................11 Section 3.3 Adjustments to Interest Rates ................... .............................11 ARTICLE 4 ISSUANCE OF NOTE Section4.1 Issuance of Note ..................................... .............................15 Section4.2 Construction Fund ................................. .............................17 JACK_526989.1 4 -1- ARTICLE 5 EVENTS OF DEFAULTS; REMEDIES Section5.1 Events of Default ................................... .............................18 Section5.2 Remedies .............................................. .............................19 ARTICLE 6 MISCELLANEOUS Section 6.1 Amendments, Changes or Modifications to the Agreement........... 19 Section6.2 Counterparts ......................................... .............................19 Section6.3 Severability ........................................... .............................19 Section 6.4 Term of Agreement ................................ .............................20 Section6.5 Assignment ........................................... .............................20 Section 6.6 Notice of Changes in Fact ......................... .............................20 Section 6.7 Notices ................................................. .............................20 Section6.8 Applicable Law ...................................... .............................21 S ection 6.9 Incorporation by Reference. ............................................. 22 ii *Aopt;K_526989.1 LOAN AGREEMENT This LOAN AGREEMENT (this "Agreement ") is made and entered into as of March 1, 2006, between the CITY OF EDGEWATER, a municipality created and existing under and by virtue of the laws of the State of Florida (the "City "), and BANK OF AMERICA, N.A., Orlando, Florida, a national banking association and its successors and assigns (the "Bank "); WITNESSETH: WHEREAS, the City is authorized pursuant to Chapter 166, Part II, Florida Statutes, as amended, and other applicable provisions of law to, among other things, (a) undertake capital projects in and for City (the "Project," as more particularly described in Exhibit A attached hereto), (b) borrow money to finance the cost of such projects and (c) pledge the funds and credit of the City for payment of such debts; and WHEREAS, the City deems it necessary, desirable and in the best interest of the City that the City undertake the Project; and WHEREAS, the Bank is willing to make available to the City, and the City is willing to enter into, a loan arrangement pursuant to the terms and provisions of this Agreement in an aggregate principal amount of $500,000 under which the City may finance or refinance a part of the cost of the Project. %J NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the parties hereto, intending to be legally bound hereby and in consideration of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows: ARTICLE 1 DEFINITION OF TERMS Section 1.1 Definitions. The terms defined in this Article 1 shall, for all purposes of this Agreement, have the meanings specified in this Article 1, unless the context clearly otherwise requires. "Ad Valorem Funds" shall mean an the revenues derived from ad valorem taxes levied by the City in an amount not to exceed .06 mills per year on all of the taxable assessed property within the City. "Act" shall mean Chapter 166, Part II, Florida Statutes, as amended, and other applicable provisions of law. JACK_526989.1 I "Additional Amount" shall have the meaning ascribed to such term in Section 3.1(d) hereof. vftw "Agreement" shall mean this Loan Agreement dated as of March 1, 2006, between the City and the Bank and any and all modifications, alterations, amendments and supplements hereto made in accordance with the provisions hereof. "Authorized Depository" shall mean the State Board of Administration of Florida or a bank or trust company in the State which is eligible under the laws of the State to receive funds of the City. "Authorized Investments" shall mean any of the following which shall be authorized from time to time by applicable laws of the State of Florida for deposit or purchase by the City for the investment of its funds: (a) Direct obligations of (including obligations issued or held in book entry form on the books of the Department of the Treasury of the United States of America and stripped and zero coupon obligations), or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America. (b) Bonds, debentures or notes or other evidences of indebtedness payable in cash issued by any one or a combination of any of the following federal agencies whose obligations represent the full faith and credit of the United States of America: Export Import Bank of the United States, Federal Financing Bank, Farmers Home Administration, Federal *Aw Housing Administration, Maritime Administration, Public Housing Authority and Government National Mortgage Association. (c) Certificates of deposit properly secured at all times by collateral security described in either or both of paragraphs (a) and (b) of this definition or in the collateral provisions of Chapter 280, Florida Statutes, as amended, and issued by commercial banks, savings and loan associations or mutual savings banks chartered by the State of Florida or the United States of America, and bank trust receipts issued by commercial banks or trust companies chartered by the State of Florida or the United States of America upon any securities described in paragraph (a) of this definition. (d) The following investments fully insured by the Federal Deposit Insurance Corporation: (i) certificates of deposit, (ii) savings accounts, (iii) deposit accounts, or (iv) depository receipts of a bank, savings and loan association or mutual savings bank. (e) Commercial paper rated in one of the two highest rating categories by at least two nationally recognized rating agencies or commercial paper backed by a letter of credit or line of credit rated in one of the two highest rating categories by Moody's Investors Service and Standard & Poor's. *ftp,6K_526989.1 2 (f) Written repurchase agreements with any bank, savings institution or trust company which is insured by the Federal Deposit Insurance Corporation, or with any broker - dealer with retail customers which falls under Securities Investors Protection Corporation protection, provided that such repurchase agreements are fully secured by collateral described in (a) above or obligations of any agency or instrumentality of the United States of America, and provided further that (i) such collateral is held by a bank or trust company chosen by the City which has no interest in the repurchase agreement during the term of such repurchase agreement, (ii) such collateral is not subject to liens or claims of third parties, (iii) such collateral has a market value (determined at least once every 30 days) at least equal to the amount invested in the repurchase agreement, (iv) the entity holding the collateral has a perfected first security interest in the collateral for the benefit of the Noteholder, (v) the agreement shall be for a term not longer than 270 days and (vi) the failure to maintain such collateral at the level required in (iii) above will require the entity holding the collateral to liquidate the collateral. (g) Money market funds rated in the highest rating category by Moody's Investors Service and Standard & Poor's. (h) Units of participation in the Local Government Surplus Funds Trust Fund established pursuant to Chapter 218, Part IV, Florida Statutes, as amended, or any similar common trust fund which is established pursuant to the law of the State of Florida as a legal depository of public moneys. (i) Obligations of state or local government municipal bond issuers that are rated in one of the two highest rating categories by Moody's Investors Service and Standard & Poor's. 0) Such other obligations as shall be permitted to be legal investments of the City by the laws of the State of Florida. Rating categories when referred to herein shall be without regard to gradations within such categories, such as "plus" or "minus." "Authorized City Officer" for the performance on the behalf of the City of any act of the City or the execution of any instrument on behalf of the City shall mean any person authorized by resolution or certificate of the City to perform such act or sign such document. "Bank shall mean Bank of America, N.A., Orlando, Florida, and its successors and assigns. "Bond Counsel" shall mean Foley & Lardner LLP, Jacksonville, Florida or any other attorney at law or firm of attorneys of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political 3 JACK_526989.1 subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. "Business Day" or "business day" shall mean any day other than a Saturday, Sunday or a day on which banking institutions within the State are authorized by law to remain closed. "City" shall mean the City of Edgewater, Florida. "City Clerk" shall mean the City Clerk of the City and such other person as may be duly authorized to act on his or her behalf. "Code" shall mean the Internal Revenue Code of 1986, as amended, and applicable rules and regulations thereto and thereunder. "Construction Fund" shall mean the Construction Fund established pursuant to Section 4.2 hereof. "Cost" when used in connection with the Project, shall mean the costs of the Project described in Section 4.1(b) hereof. "Determination of Taxability" shall mean the circumstance of interest paid or payable on a Note becoming includable for federal income tax purposes in the gross income of the Noteholder as a consequence of any act, omission or event whatsoever and regardless of vmr whether the same was within or beyond the control of the City. A Determination of Taxability will be deemed to have occurred upon (a) the receipt by the City or a Noteholder of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency which holds that any interest payable on its Note is includable in the gross income of the Noteholder; (b) the issuance of any public or private ruling of the Internal Revenue Service that any interest payable on the Note is includable in the gross income of the Noteholder; or (c) receipt by the City or a Noteholder of an opinion of Bond Counsel that any interest on its Note has become includable in the gross income of the Noteholder for federal income tax purposes. For all purposes of this definition, a Determination of Taxability will be deemed to occur on the date as of which the interest on the Note is deemed includable in the gross income of the Noteholder. A Determination of Taxability shall not occur solely from the fact that such interest is taken into account in determining adjusted current earnings for the purpose of the alternative minimum income tax imposed on corporations. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law. 4 NaOX_526989.1 "Interest Payment Date" shall have the meaning ascribed thereto in Section 3.1(c) hereof. "Mayor" shall mean the Mayor of the City and such other person as may be duly authorized to act on his or her behalf. "Note" shall mean the limited general obligation note authorized by the Resolution and delivered by the City to the Noteholder in accordance with the requirements set forth in Article 4 hereof. "Noteholder" shall mean the Bank as the holder of the Note, or any other registered holder of or participant in the Note. "Noteholder's Adjusted Cost of Funds" shall mean the fraction (expressed as a percentage), determined by the Noteholder, the numerator of which is the total interest expense of the Noteholder for each calendar year and the denominator of which is the total average adjusted bases of all assets of the Noteholder during the calendar year as determined under Section 265(b)(2)(B) of the Code or any successor provision thereto. "Pledged Funds" shall mean (a) the proceeds of the Note pending the application thereof and (b) the Ad Valorem Funds. "Project" shall refer to the acquisition, construction and installation of an animal adoption and rescue facility described generally in Exhibit A attached hereto, as such Project may be amended from time to time by the City with the prior written approval of the Bank. "Resolution" shall mean the resolution adopted by the City on February 27, 2006, which among other things authorized the execution and delivery of this Agreement and the issuance of the Note. "State" shall mean the State of Florida. "Taxable Period" shall have the meaning ascribed to such term in Section 3.1(d) hereof. hereof. "Tax Certificate" shall have the meaning ascribed to such term in Section 2.4 1.5. "Taxable Rate" shall mean the interest rate on the applicable Note multiplied by 5 JACK_526989.1 Section 1.2 Interpretation. Unless the context clearly requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. Any capitalized terms used in this Agreement not herein defined shall have the meanings ascribed to such terms in the Resolution. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. Section 1.3 Titles and Headings. The titles and headings of the articles and sections of this Agreement, which have been inserted for convenience of reference only and are not to be considered a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS; SECURITY FOR NOTE; ADDITIONAL OBLIGATIONS Section 2.1 Representations by the City. The City represents, warrants and covenants that: (a) The City is a municipality validly created and existing under the laws of the State of Florida. Pursuant to the Resolution, the City (i) has duly authorized the execution and delivery of this Agreement and the performance by the City of all of its obligations hereunder, and (ii) shall duly authorize the Note issued hereunder and the performance by the City of all its obligations relating thereto. (b) The City has complied with all of the provisions of the Constitution and laws of the State, and has full power and authority to enter into and consummate all transactions contemplated by this Agreement or under the Note, and to perform all of its obligations hereunder and, to the best knowledge of the City, the transactions contemplated hereby do not conflict with the terms of any statute, order, rule, regulation, judgment, decree, agreement, instrument or commitment to which the City is a party or by which the City is bound. (c) The City is duly authorized and entitled to issue the Note. This Agreement and, when issued in accordance with the terms of this Agreement, the Note will 6 ``K;K_526989.1 constitute a legal, valid and binding obligation of the City enforceable in accordance with its terms, subject as to enforceability to bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting creditors' rights generally, or by the exercise of judicial discretion in accordance with general principles of equity. (d) There are no actions, suits or proceedings pending or, to the best knowledge of the City, threatened against or affecting the City, at law or in equity, or before or by any governmental authority, that, if adversely determined, would materially impair the ability of the City to perform the City's obligations under this Agreement or under the Note. (e) The City will furnish to the Bank within 270 days of each fiscal year (i) a comprehensive annual financial report of the City for such fiscal year, which shall include a balance sheet as of the end of such fiscal year, audited without scope limitations by independent certified public accountants of recognized standing selected by the City and satisfactory to the Bank and (ii) the annual budget of the City by November 15 of each year. Reports shall be prepared in accordance with generally accepted accounting principles. (f) No authorization, consent, approval, license, exemption of or registration or filing with any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, has been or will be necessary for the valid execution, delivery and performance by the City of this Agreement, the Note and the related documents, except such as have been obtained, given or accomplished and copies of which have been provided to the Bank. (g) Except as disclosed in writing to the Bank, the City is not in default in the payment when due of any indebtedness of the City. (h) The financial statements of the City for the fiscal year ending September 30, [2005], copies of which have been furnished to the Bank, have been prepared in accordance with generally accepted accounting principles and present fairly the financial condition of the City as of such date and the results of its operations for the period then ended. Since September 30, 2005, there has been no material adverse change in the financial condition, revenues, properties or operations of the City. (i) Any written information, reports and other papers and data prepared by the City and furnished to the Bank by the City were, at the time the same were so furnished, complete and correct in all material respects to the extent necessary to give the Bank a true and accurate knowledge of the subject matter thereof. There is no fact, circumstance or condition that has not been disclosed to the Bank in writing by the City which materially and adversely affects or, so far as the City can now foresee, will materially and adversely affect, (i) the financial condition, revenues, properties or operations of the City or (ii) the validity or enforceability of, or the authority or ability of the City to perform its obligations under, this Agreement, the Note and the related documents. 7 JACK_526989.1 (j) The obligations of the City under this Agreement and the Note are not subject to any law, rule or regulation of the State of Florida prescribing a maximum rate of interest, except for Sections 159.825(4), 215.84 and 687.03, Florida Statutes, as amended. Section 2.2 General Representations, Warranties and Covenants of the Bank. The Bank hereby represents, warrants and agrees that it is a national banking association authorized to execute and deliver this Agreement and to perform its obligations hereunder, and such execution and delivery will not constitute a violation of its charter, articles of incorporation or bylaws. Section 2.3 Making of Loan. Pursuant to the terms and provisions of this Agreement, the Bank agrees to make one or more loans to the City for the purpose of financing or refinancing the cost of the Project. Section 2.4 Tax Covenants. (a) The City hereby covenants with the holder of the Note that in order to maintain the exclusion from gross income for purposes of federal income taxation of interest on the Note, it shall comply with each requirement of the Code applicable to the Note. In furtherance of the covenant contained in the preceding sentence, the City agrees to continually comply with the provisions of the Nonarbitrage and Tax Law Compliance Certificate to be rrr executed by the City relating to the Note, as such Certificate may be amended from time to time, as a source of guidance for achieving compliance with the Code (referred to herein as the "Tax Certificate "). (b) The City hereby covenants with the holder of the Note that it shall make any and all payments required to be made to the United States Department of the Treasury in connection with the Note pursuant to Section 148(f) of the Code. (c) So long as necessary in order to maintain the exclusion from gross income of interest on the Note for federal income tax purposes, the covenants contained in this Section 2.4 shall survive the payment of the Note and the interest thereon, including any payment or defeasance thereof. (d) The City hereby covenants with the holder of the Note that it shall not take or permit any action or fail to take any action which would cause the Note to be "arbitrage bonds" within the meaning of Section 148(a) of the Code. 8 *4wotCK_526989.1 Section 2.5 Security for Note. The Note shall be secured by and payable from the Pledged Funds. The City 1400� does hereby irrevocably pledge the Pledged Funds to the payment of the Note in accordance with the provisions hereof. The pledge of and lien on the Pledged Funds shall attach at the time of delivery of the Note. Section 2.6 Limited Pledge of Ad Valorem Taxes. The Note is a limited obligation of the City and the payment of and principal on the Note shall be payable from and is secured as set forth in this section. While the Note is outstanding and unpaid, the City is and shall be irrevocably and unconditionally obligated to levy and endeavor to collect ad valorem taxes in an amount not to exceed .06 mills per year on all of the taxable property within the City, sufficient in amount together with other available moneys, to pay all principal of and interest on the Note as the same shall become due at maturity. Section 2.7 Payment Covenant. The City covenants that it shall duly and punctually pay from the Pledged Funds the principal of and interest on the Note at the dates and place and in the manner provided herein and in the Note according to the true intent and meaning thereof and all other amounts due under this Agreement. ARTICLE 3 DESCRIPTION OF NOTE; PAYMENT TERMS; OPTIONAL PREPAYMENT Section 3.1 Description and Payment Terms of the Note. (a) The City shall, pursuant to authority granted under the Resolution, issue and deliver a Note to the Bank, which Note shall not exceed FIVE HUNDRED THOUSAND AND 00 /100 DOLLARS ($500,000) in principal amount. The Note shall be designated as "City of Edgewater, Florida, Limited General Obligation Note, Series 2006 ". The text of the Note shall be substantially in the form attached hereto as Exhibit B , with such omissions, insertions and variations as may be necessary and desirable to reflect the terms of the Note. The provisions of the form of the Note are hereby incorporated in this Agreement. (b) The Note shall be dated the date of its delivery, shall be in the principal amount set forth therein and payable as set forth therein and shall bear interest from its date at the rate or rates set forth therein or as the same may be adjusted pursuant to Section 3.3 hereof. The Note shall be executed in the name of the City by the manual signature of the 9 JACK_526989.1 Mayor and the official seal of the City shall be affixed thereto and attested by the manual signature of the City Clerk. In case any one or more of the officers, who shall have signed or sealed the Note, shall cease to be such officer of the City before the Note so signed and sealed shall have been actually delivered, the Note may nevertheless be delivered as herein provided and may be issued as if the person who signed or sealed the Note had not ceased to hold such office. The Note may be signed and sealed on behalf of the City by such person who at the actual time of the execution of the Note shall hold the proper office, although at the date the Note is actually delivered, such person may not have held such office or may have been so authorized. (c) Interest on the Note shall be payable semi - annually on July 1 and January 1 of each year (the "Interest Payment Date ") commencing on July 1, 2006. Principal of the Note shall be payable at the times and in the manner set forth therein. Interest on the Note shall be calculated on the basis of twelve 30 -day months over a 360 -day year. (d) In the event of a Determination of Taxability, the interest rate on the Note shall be changed to the Taxable Rate effective retroactively to the date on which such Determination of Taxability was made. Immediately upon a Determination of Taxability, the City agrees to pay to any holder of the Note the Additional Amount (as defined herein). "Additional Amount" means (i) the difference between (A) interest on the Note for the period commencing on the date on which the interest on the Note (or portion thereof) loses its tax - exempt status and ending on the earlier of the date the Note ceased to be outstanding or such adjustment is no longer applicable to the Note (the "Taxable Period ") at a rate per annum equal to the Taxable Rate as adjusted from time to time on the same dates and in the same manner as the interest rate on the Note was or would be adjusted pursuant to the provisions of the Note, and (B) the aggregate amount of interest payable on the Note for the Taxable Period under the provisions of the Note without considering the Determination of Taxability, plus (ii) any penalties and interest paid or payable by the Noteholder to the Internal Revenue Service by reason of such Determination of Taxability. (e) All payments of principal of and interest on the Note shall be payable in any coin or currency of the United States which, at the time of payment, is legal tender for the payment of public and private debts and shall be made to the Bank (i) in immediately available funds, (ii) by delivering to the Bank no later than payment date a check drawn on an account at any bank that is a member of the Federal Reserve system, or (iii) in such other manner as the City and the Bank shall agree upon in writing. (f) There will be no Bank fees to maintain the loan and the Note. The Bank shall pay for all of its costs relating to servicing the loan and the Note. The City agrees to pay the legal fees and costs of counsel to the Bank (not exceeding $2,250) and the legal fees and costs of Bond Counsel. *#4Wo_;K_526989.1 10 Section 3.2 Optional Prepayment. The City may prepay and redeem the Note as a whole or in part, at any time or from time to time, without penalty or premium, by paying to the Noteholder all or part of the principal amount of the Note to be prepaid, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Each prepayment of the Note shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the Noteholder not less than five (5) Business Days prior thereto specifying the principal amount of the Note to be prepaid and the date of such prepayment. Notice having been given as aforesaid, the principal amount of the Note stated in such notice or the whole thereof, as the case may be, shall become due and payable on the prepayment date stated in such notice, together with interest accrued and unpaid to the prepayment date on the principal amount then being paid; and the amount of principal and interest then due and payable shall be paid (a) in case the entire unpaid balance of the principal of the Note is to be prepaid, upon presentation and surrender of the Note at the office of the City on the date specified for prepayment, and (b) in case only part of the unpaid balance of principal of the Note is to be paid, upon presentation of the Note at the office of the City for notation thereon of the amount of principal and interest on the Note then paid. If on the prepayment date moneys for the payment of the principal amount to be prepaid on the Note, together with interest to the prepayment date on such principal amount, shall have been paid to the Noteholder as above provided and if notice of prepayment shall have been given to the Noteholder as above provided, then from and after the prepayment date interest on such principal amount of the Note shall cease to accrue. If said moneys shall not have been so paid on the prepayment date, such principal amount of the Note shall continue to bear interest until r. 0 payment thereof at the rate or rates provided for in this Agreement. Section 3.3 Adjustments to Interest Rates. (a) The interest rates on the Note shall be subject to adjustment as described in this Section 3.3 from the date of its issuance. The Bank shall promptly notify the City in writing of any adjustments for the Note pursuant to this Section 3.3. Such adjustments shall become effective as of the effective date of the event causing such adjustment. Adjustments pursuant to this Section 3.3 may be retroactive. The Bank shall certify to the City in writing the additional amount, if any, due to the Bank as a result of an adjustment pursuant to this Section 3.3. (b) Subject to the provisions of Section 3.3(a) above, the interest rate on the Note shall be adjusted as follows: (i) Alternative Minimum Tax Where Interest on the Note is a Direct Tax Preference Item If the Noteholder or its holding company pays an alternative minimum tax in any tax year and the interest on the Note is a direct tax preference item under Section 57(a)(5) or any successor provision of the 11 JACK_526989.1 .moo, Code then the interest rate on the Note for the period during such tax year in which interest is accruing on the Note shall be increased during such accrual *ftw period by an amount equal to (A - B) x C where: (A) A equals the interest rate on the Note expressed as a percentage; (B) B equals the Noteholder's Adjusted Cost of Funds; and (C) C equals the maximum marginal rate of the alternative minimum tax expressed as a decimal (currently .20); (ii) Alternative Minimum Tax Where Interest on the Note is an Indirect Tax Preference Item If the Noteholder or its holding company pays an alternative minimum tax in any tax year and the interest on the Note is not a direct tax preference item under Section 57(a)(5) or any successor provision of the Code, but is an indirect tax preference item because of the application of Section 56(g) or any successor provision of the Code then the interest rate on the Note for the period during such tax year in which interest is accruing on the Note shall be increased during such accrual period by an amount equal to (A - B) x C where: (A) A equals the interest rate on the Note expressed as a percentage; (B) B equals the Noteholder's Adjusted Cost of Funds; and (C) C equals 75% of the maximum marginal rate of the alternative minimum tax expressed as a decimal, or, if the Code is amended to effectively increase or decrease the percentage of interest on the Note which is subject to such indirect alternative minimum tax, then C shall equal the percentage of such interest which is effectively subject to such indirect alternative minimum tax. (iii) Loss of Federal Income Tax Deduction for State Income Taxes If the federal income tax deduction for state income taxes paid on the interest payments received under the Note during any period is reduced because of any change in the tax laws or regulations and the Noteholder is then subject to payment of state income tax on the interest on the Note then the interest rate on the Note shall be increased during such period by an amount equal to A x B x C x D where: 12 *400f;K_526989.1 (A) A equals the fraction (expressed as a decimal) of the total state income tax disallowed as a result of such tax law 46 change; (B) B equals the rate of the applicable state income tax (expressed as a decimal); (C) C equals the maximum federal corporate tax rate then in effect for the Noteholder (expressed as a decimal); and (D) D equals the interest rate on the Note (expressed as a percentage). (iv) Partial Taxability If the interest payments received under the Note during any period become partially taxable to the extent not otherwise taxable on the date of issuance thereof because of any change in the tax laws or regulations, then the interest rate on the Note shall be increased during such period by an amount equal to (A - B) x C where: (A) A equals the Taxable Rate (expressed as a percentage); (B) B equals the interest rate on the Note (expressed as a percentage); and (C) C equals the fraction of the interest rate on the Note which has become taxable as the result of such tax change (expressed as a decimal). (v) Other Changes in Tax Laws If the tax laws or regulations are amended to cause the interest on the Note to become taxable to the extent not otherwise taxable on the date of issuance thereof, to be subject to a minimum tax or an alternative minimum tax or to otherwise decrease the yield on the Note to the Noteholder (directly or indirectly, other than a change described in (i) through (iv) above or because of a Determination of Taxability), then the interest rate on the Note shall be adjusted to cause the yield on the Note to equal what the yield on the Note would have been in the absence of such change or amendment in the tax laws or regulations. If the tax laws or regulations are amended to increase the yield on the Note to the Noteholder, then the Bank shall adjust the interest rate on the Note to cause the yield on the Note to equal what the yield on the Note would have been in the absence of such change or amendment in the tax laws or regulations. 13 JACK_526989.1 14100, (c) The above adjustments shall be cumulative, but in no event shall the interest rate on the Note exceed the maximum rate permitted by law. Interest on the Note and �'° all other tax rates and interest rates are expressed as annual rates. However, proper partial adjustment shall be made if the tax law change is effective after the first day of the Noteholder's tax year or if interest on the Note does not accrue for the entire tax year of the Noteholder. Adjustments which create a circular calculation because the interest rate on the Note is affected by the calculation shall be carried out sequentially, increasing the interest rate on the Note accordingly in each successive rate on the Note, until the change in the interest rate on the Note caused by the next successive calculation of the adjustment is de minimis. If more than one of paragraphs numbered (i) through (v) in Section 3.3(b) apply, then the interest rate on the Note shall be adjusted in the order in which listed above. (d) To the extent an adjustment to the interest rate on the Note is not effected within three (3) months of the event giving rise to the adjustment, the additional interest due as a result of such adjustment shall be paid with interest thereon compounded monthly at the rate which is equal to the interest rate on the Note; provided, however, in no event shall such interest rate exceed the maximum rate permitted by law. Subject to the provisions of Section 3.3(a) hereof, all unpaid amounts determined to be owing as a result of such calculation shall be due and payable within ten (10) days after delivery of written notice of the amount of such adjustment, and shall be paid to the Noteholder of record during the period to which the adjustment relates. This obligation shall survive the payment and cancellation of the Note. '%r (e) In the event the maturity of the Note is accelerated or prepaid in accordance with the provisions hereof, then such amounts that constitute payments of interest, together with any costs or considerations which constitute interest under the laws of the State of Florida, may never exceed an amount which would result in payment of interest at a rate in excess of (i) the applicable maximum rate of interest allowed by Sections 215.84 and 159.825(4), Florida Statutes, as amended, or (ii) the nonusurious interest allowed by the laws of the State of Florida or the United States to the extent applicable, as presently in effect and to the extent an increase is allowable by such laws; and excess interest, if any, shall be cancelled automatically as of the date of such acceleration, or, if theretofore paid, shall be credited on the principal amount of the Note unpaid, but such crediting shall not cure or waive any default under this Agreement. 14 '**m/.;K_526989.1 ARTICLE 4 ISSUANCE OF NOTE Section 4.1 Issuance of Note. (a) The Bank shall not be obligated to make any loan under this Agreement unless at or prior to the date of issuance of the Note the City delivers to the Bank the following items in form and substance acceptable to the Bank: (i) A certificate of the City Manager, dated as of the date of issuance of the Note, to the effect that the representations and warranties of the City contained in Section 2.1 hereof are true and correct as of such date and that there is currently no Event of Default or event that with notice or lapse of time or both would become an Event of Default hereunder; (ii) A fully executed Tax Certificate relating to the Note; (iii) A copy of a completed and executed Form 8038 -G relating to the Note to be filed with the Internal Revenue Service; (iv) An opinion of Bond Counsel in form and substance to the effect that (A) this Agreement and the Note have been duly authorized by the City and are enforceable obligations in accordance with their terms and the Resolution has been duly adopted and is enforceable in accordance with its terms (enforceability of such instruments may be subject to standard bankruptcy exceptions and the like), (B) interest on the Note shall be excluded from gross income for federal income tax purposes and shall not be treated as a preference item for purposes of computing the alternative minimum tax imposed by Section 55 of the Code (however, the interest on the Note owned by corporations may be subject to the federal alternative minimum tax which is based in part on adjusted current earnings), (C) the Note is a "qualified tax - exempt obligation" under Section 265(b)(3)(B) of the Code and (D) the interest on the Note shall be exempt from present Florida intangible taxes; (v) A certificate of the City Manager, dated the date of issuance of the Note, to the effect that the interest rate on the Note is in compliance with the applicable maximum interest rate provisions contained in Sections 215.84 and 159.825(4), Florida Statutes, as amended; (vi) The fully executed Note; 15 JACK_526989.1 (vii) An opinion of counsel to the City regarding the due authorization, validity and enforceability of this Agreement and the Note and the due adoption of the Resolution (enforceability may be subject to standard bankruptcy exceptions and the like); and (viii) Such additional certificates, instruments and other documents as the Bank, or its counsel or Bond Counsel, or counsel to the City, may deem necessary or appropriate. (b) The City shall apply the proceeds of the Note to pay for, or reimburse itself for prior expenditures incurred for, the costs of the Project which shall include but not be limited to: (i) The costs of architectural and engineering services related to the Project, including, without limitation, the costs of preparation of studies, surveys, reports, tests, plans and specifications; (ii) The costs of legal, accounting, financial advisory, consulting, marketing and other special services related to the Project; (iii) Costs and fees incurred in connection with the issuance of the Note; (iv) Fees and charges incurred in connection with applications to vftw federal, state and local governmental agencies for any requisite approval or permits regarding the acquisition and construction of the Project; (v) Costs incurred in connection with the acquisition of the sites for the Project, including any necessary rights -of -way, easements or other interests in real or personal property; (vi) Costs incurred in connection with the acquisition, construction, improvement or extension of the buildings, structures and facilities comprising the Project; (vii) Costs incurred in connection with the acquisition and installation of any machines, equipment, fixtures, appurtenances or personal property of any kind or nature, which are to comprise a part of the Project; (viii) Interest on the Note accruing prior to the completion date of the Project; and (ix) To the extent permitted by law, other costs and expenses relating to the Project which are incurred for the purpose of providing for the Project, 16 44Mpr%K_526989.1 including the administrative and maintenance costs associated with the management of the Project, and other facilities functionally related and subordinate thereto. Section 4.2 Construction Fund. The City covenants and agrees to establish a separate fund with an Authorized Depository to be known as the "City of Edgewater, Florida, Limited General Obligation Note Construction Fund, Series 2006" which shall be used only for payment of the Cost of the Project. Moneys in the Construction Fund, until applied in payment of any item of the Cost of a Project in the manner hereinafter provided, shall be held in trust by the City and shall be subject to a lien and charge in favor of the Noteholder and for the further security of the Noteholder. There shall be paid into the Construction Fund the proceeds derived from the Note simultaneously with the delivery of the Note to the Noteholder, and there may be paid into the Construction Fund, at the option of the City, any moneys received for or in connection with the Project by the City from any other source. The City covenants that the acquisition and construction of the Project will be completed without delay and in accordance with sound practices. The City shall make disbursements or payments from the Construction Fund to pay the Cost of the Project upon the filing with the City Clerk of documents and /or certificates signed by an Authorized City Officer stating with respect to each disbursement or payment to be made: (a) the item number of the payment, (b) the name and address of the person to whom payment is due, (c) the amount to be paid, (d) the purpose, by general classification, for which payment is to be made, and (e) that (i) each obligation, item of cost or expense mentioned therein has been properly incurred, is in payment of a part of the Cost of the Project and is a proper charge against the Construction Fund and has not been the basis of any previous disbursement or payment, or (ii) each obligation, item of cost or expense mentioned therein has been paid by the City, is a reimbursement of a part of the Cost of the Project, is a proper charge against the Construction Fund, has not been theretofore reimbursed to the City or otherwise been the basis of any previous disbursement or payment and the City is entitled to reimbursement thereof. The City Clerk shall retain all such documents and /or certificates of the Authorized Issuer Officers for seven (7) years from the dates of such documents and /or certificates. The City Clerk shall make available the documents and /or certificates at all reasonable times for inspection by the Noteholder or the agent or representative of the Noteholder. The date of completion of the Project shall be determined by the Authorized City Officer who shall certify such fact in writing to the City. Promptly after the date of the completion of the Project, and after paying or making provisions for the payment of all unpaid items of the Cost of the Project, the City shall deposit any balance of moneys remaining in the Construction Fund in such other fund or account of the City as shall be determined by the City, 17 j JACK_526989.1 rI provided the City has received an opinion of Bond Counsel to the effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Note from gross income for federal * k'' income tax purposes. The Construction Fund shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State of Florida. Moneys on deposit in the Construction Fund may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed. Any and all income received by the City from the investment of moneys in the Construction Fund shall be retained in the Construction Fund. All investments shall be valued at cost. Nothing contained in this Agreement shall prevent any Authorized Investments acquired as investments of or security for funds in the Construction Fund from being issued or held in book -entry form on the books of the Department of the Treasury of the United States. ARTICLE 5 EVENTS OF DEFAULTS; REMEDIES Section 5.1 Events of Default. An "Event of Default" shall be deemed to have occurred under this Agreement 1 %W if: (a) The City shall fail to make payment of principal or interest then due on the Note; or (b) Failure by the City to observe and perform any covenant, condition or agreement on its part to be observed or performed by it under this Agreement or the Resolution other than as referred to in clause (a) of this Section, for a period of forty -five (45) days after written notice specifying such failure and requesting that it be remedied has been given to the City, unless the Noteholder shall determine in good faith that the delay would materially impair its likelihood of full repayment; and during such period, the City shall cure the default or provide to the Noteholder a written plan for curing such default, which may be accepted or rejected in the Noteholder's discretion; or (c) There shall occur the dissolution or liquidation of the City, or the filing by the City of a voluntary petition in bankruptcy, or the commission by the City of any act of bankruptcy, or adjudication of the City as a bankrupt, or assignment by the City for the benefit of its creditors, or appointment of a receiver for the City, or the entry by the City into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the City in any proceeding for its reorganization 18 *avrCK_526989.1 instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter amended; or (d) Any representation or warranty made by the City in connection with the transactions contemplated hereunder proves to be untrue in any material respect as of the date made or deemed made; or (e) Default shall occur in the payment of the principal of or interest on any obligation of the City for borrowed money, as and when the same shall become due, and which payment is not subsequently made within ten (10) days after the scheduled payment date, unless the City shall be contesting its liability therefor in good faith. Section 5.2 Remedies. If any such Event of Default shall have occurred, the Noteholder may seek enforcement of all remedies available to it under law. The holder of a defaulted Note may declare the Note to be immediately due and payable. Any amounts due on the Note which shall remain unpaid past the scheduled payment dates, shall bear interest at the lesser of the Taxable Rate or the maximum rate of interest permitted by law until all amounts then due under the Note are paid in full. The Bank shall be entitled to its reasonable costs and expenses (including reasonable fees and expenses of counsel) incurred in enforcing any of its rights under this Agreement after an Event of Default. ARTICLE 6 4 MISCELLANEOUS Section 6.1 Amendments, Changes or Modifications to the Agreement. This Agreement shall not be amended, changed or modified without the prior written consent of the Bank and the City. Section 6.2 Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Section 6.3 Severability. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the invalidity of such provisions or sections shall not affect any other provisions or sections hereof, and this Agreement shall be construed and enforced to the end 19 JACK_526989.1 that the transactions contemplated hereby be effected and the obligations contemplated hereby be enforced, as if such illegal or invalid clause, provision or section had not been contained , %we herein. Section 6.4 Term of Agreement. This Agreement shall be in full force and effect from the date hereof and shall continue in effect as long as the Note is outstanding. Notwithstanding the other provisions set forth herein, to the extent any law or regulation enacted subsequent to the termination of this Agreement retroactively reduces the Bank's yield on the Note, the provisions regarding adjustments to interest rates shall survive the repayment of the Note hereunder for a period not to exceed two (2) years after such repayment. Section 6.5 Assignment. The Bank acknowledges and agrees that it is treating the transactions contemplated hereunder as loan transactions and not as the sale and purchase of securities. The Bank further acknowledges and agrees that it presently intends to hold the Note through its final maturity date. The Bank may assign the Note or its obligations hereunder; provided, however, the Bank shall give the City ten (10) days prior written notice of any such assignment and, provided further, the Bank shall comply with all applicable securities laws at the time of such assignment. Section 6.6 Notice of Changes in Fact. Promptly after the City becomes aware of the same, the City will notify the Bank of (a) any change in any material fact or circumstance represented or warranted by the City in this Agreement or in connection with the issuance of the Note, and (b) any default or event which, with notice or lapse of time or both, could become a default under the Agreement, specifying in each case the nature thereof and what action the City has taken, is taking and /or proposed to take with respect thereto. Section 6.7 Notices. Any notices or other communications required or permitted hereunder shall be sufficiently given if delivered personally or sent registered or certified mail, postage prepaid, to the City, City of Edgewater, 104 North Riverside Drive, P.O. Box 100, Edgewater, Florida 32132 -0100, Attention: Mayor, and to the Bank, Bank of America, N.A., [address], Orlando, Florida [zip code], Attention: Todd Morley, or at such other address as shall be furnished in writing by any such party to the other, and shall be deemed to have been given as of the date so delivered or deposited in the United States mail. �K_526989.1 20 Section 6.8 Applicable Law. The substantive laws of the State of Florida shall govern this Agreement. .lo' 21 JACK_526989.1 rte' Section 6.9 Incorporation by Reference. "�.► All of the terms and obligations of the Resolution are hereby incorporated herein by reference as if said Resolution was fully set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first set forth herein. CITY OF EDGEWATER, FLORIDA (OFFICIAL SEAL) ATTEST: Susan J. Wadsworth, City Clerk ATTEST: Name: Title: Michael L. Thomas, Mayor BANK OF AMERICA, N.A. Name: Title: *# K_526989.1 22 Exhibit A The Project The Project consists of the acquisition, construction and installation of a new animal adoption and rescue facility in and for the City of Edgewater, Florida, all in accordance with the plans and specifications on file or to be on file with the City, as the same may be modified from time to time. JACK_526989.1 Exhibit B Form of Note �%w **,W,K_526989.1 UNITED STATES OF AMERICA STATE OF FLORIDA VJ CITY OF EDGEWATER LIMITED GENERAL OBLIGATION NOTE, SERIES 2006 Principal Sum $500,000.00 Interest Rate Date o Issuance [3.8451% March 1, 2006 CITY OF EDGEWATER, FLORIDA (the "City "), for value received, hereby promises to pay, solely from the Pledged Funds described in the within mentioned Agreement, to the order of BANK OF AMERICA, N.A., Edgewater, Florida, or its successors or assigns (the "Noteholder "), the Principal Sum specified above loaned to the City pursuant to that certain Loan Agreement by and between Bank of America, N.A., and the City, dated as of March 1, 2006 (the "Agreement "), and to pay interest on such Principal Sum from the Date of Issuance specified above or from the most recent date to which interest has been paid at the Interest Rate per annum specified above (subject to adjustment as hereinafter provided) on July 1 and January 1 of each year, commencing July 1, 2006, until such Principal Sum shall have been paid. The Principal Sum hereof shall be payable in twenty (2 1) annual installment payments on the dates and in the amounts as follows: Payment Date Principal ( July 1) Payment Amount 2006 $30,000 2007 15,000 2008 15,000 2009 15,000 2010 15,000 2011 15,000 2012 20,000 2013 20,000 2014 20,000 2015 20,000 2016 20,000 2017 25,000 2018 25,000 2019 25,000 2020 25,000 2021 30,000 2022 30,000 2023 30,000 2024 35,000 JACK_527072.1 Payment Date ( July 1) 2025 2026 Principal Payment Amount 35,000 35,000 Such Principal Sum and interest is payable in any coin or currency of the United States of America which, at the time of payment, is legal tender for the payment of public and private debts. This Note is authorized to be issued in the aggregate principal amount of $500,000 under the authority of and in full compliance with the Constitution and laws of the State of Florida, including, particularly, Chapter 166, Part II, Florida Statutes, as amended, and other applicable provisions of law, and a resolution duly adopted by the City on February 27, 2006 (the "Resolution "), as such resolution may be amended and supplemented from time to time, and is subject to all terms and conditions of the Resolution and the Agreement. Any term used in this Note and not otherwise defined shall have the meaning ascribed to such term in the Agreement. This Note is being issued to finance the acquisition, construction and installation of a new animal adoption and rescue facility in and for the City of Edgewater, Florida, as described in the Agreement and the Resolution. This Note is secured by and shall be payable from the Pledged Funds as described in and in accordance with the Agreement. ,%W The Note is a limited obligation of the City and the payment of and principal on the Note shall be payable from and is secured as set forth in this section. While the Note is outstanding and unpaid, the City is and shall be irrevocably and unconditionally obligated to levy and endeavor to collect ad valorem taxes in an amount not to exceed .06 mills per year on all of the taxable property within the City, sufficient in amount together with other available moneys, to pay all principal of and interest on the Note as the same shall become due at maturity. This Note shall bear interest from its Date of Issuance at the Interest Rate specified above on the basis of twelve 30 -day months over a 360 -day year. The Interest Rate specified above is subject to adjustment as provided in Section 3.1(d) of the Agreement in the event of a Determination of Taxability. In addition, this Note is subject to adjustment in accordance with the provisions in Section 3.3 of the Agreement. The Noteholder shall provide to the City upon request such documentation to evidence the amount of interest due on this Note. Notwithstanding any provision in this Note to the contrary, in no event shall the interest contracted for, charged or received in connection with this Note (including any other costs or considerations that constitute interest under the laws of the State of Florida which are contracted for, charged or received) exceed the maximum rate of interest allowed under the State of Florida as presently in effect. In the event the maturity of this Note is accelerated or prepaid in * 401lGK_527072.1 2 accordance with the provisions hereof or of the Agreement, then such amounts that constitute payments of interest, together with any costs or considerations which constitute interest under the laws of the State of Florida, may never exceed an amount which would result in payment of interest at a rate in excess of (a) the applicable maximum rate of interest allowed by Sections 215.84 and 159.825(4), Florida Statutes, as amended, or (b) the nonusurious interest allowed by the laws of the State of Florida or the United States, to the extent applicable, as presently in effect and to the extent an increase is allowable by such laws; and excess interest, if any, shall be cancelled automatically as of the date of such acceleration, or, if theretofore paid, shall be credited on the principal amount of this Note unpaid, but such crediting shall not cure or waive any default under this Agreement. All payments made by the City hereon shall apply first to accrued interest, and then to the principal amount then due on this Note. The City may prepay this Note as a whole or in part, at any time or from time to time, without premium, by paying to the Noteholder all or part of the Principal Sum of the Note, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Each prepayment of this Note shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the Noteholder not less than five (5) Business Days prior thereto. Notice having been given as aforesaid, the Principal Sum of this Note stated in such notice or the whole thereof, as the case may be, shall become due and payable on the prepayment date stated in such notice, together with interest accrued and unpaid to the prepayment date on the principal amount then being paid; and the amount of principal and interest then due and payable shall be paid (a) in case the entire unpaid balance of the principal of this Note is to be paid, upon presentation and surrender of this Note at the office of the City, and (b) in case only part of the unpaid balance of principal of this Note is to be paid, upon presentation of this Note at the office of the City for notation thereon of the amount of principal and interest on this Note then paid. If on the prepayment date moneys for the payment of the principal amount to be prepaid on this Note, together with interest to the prepayment date on such principal amount, shall have been paid to the Noteholder as above provided and if notice of prepayment shall have been given to the Noteholder as above provided, then from and after the prepayment date interest on such principal amount of this Note shall cease to accrue. If said moneys shall not have been so paid on the prepayment date, such principal amount of this Note shall continue to bear interest until payment thereof at the rate or rates provided for in the Agreement. This Note, when delivered by the City pursuant to the terms of the Agreement and the Resolution, shall not be or constitute an indebtedness of the City or of the State of Florida or any political subdivision or agency thereof, within the meaning of any constitutional, statutory or charter limitations of indebtedness, but shall be payable solely from the Pledged Funds, as provided in the Agreement and the Resolution. No Noteholder shall ever have the right to compel the exercise of the ad valorem taxing power of the City or the State of Florida, or taxation in any form on any property therein to pay this Note or the interest thereon. JACK_527072.1 3 Upon the occurrence of an Event of Default relating to this Note, the Principal Sum of this Note may become or be declared due and payable before the maturity date hereof in the manner, with the effect and subject to the conditions set forth in the Agreement and the Resolution. The Noteholder shall also have such other remedies as described in the Agreement. If this Note shall be declared to be immediately due and payable or any amounts due on this Note shall remain unpaid past any scheduled payment date, this Note shall bear interest at the lesser of the Taxable Rate (as defined in the Agreement) or the maximum rate permitted by law until all amounts then due under this Note are paid in full. The City hereby waives demand, protest and notice of dishonor. No obligation under the Agreement or this Note shall be or be deemed to be an obligation of any member of the City Council or any officer, employee or agent of the City in his or her individual capacity, and none of such persons executing the Agreement or this Note shall be liable personally thereon or hereon by reason thereof. It is certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in connection with the execution and delivery of the Agreement and the issuance of this Note do exist, have happened and have been performed in due time, form and manner as required by law, and that the issuance of this Note, together with all other obligations of the City under the Agreement, does not exceed or violate any constitutional or statutory limitation. IN WITNESS WHEREOF, the City of Edgewater, Florida, caused this Note to be signed by the manual signature of its Mayor and its official seal to be affixed hereto or imprinted or reproduced hereon, and attested by the manual signature of its City Clerk, and this Note to be dated the Date of Issuance set forth above. CITY OF EDGEWATER, FLORIDA (OFFICIAL SEAL) ATTEST: Michael L. Thomas, Mayor Susan J. Wadsworth, City Clerk *4W6K_527072.1 0 i r RESOLUTION NO. 2004-R-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 2, 2004 REGARDING THE LIMITED AD VALOREM REVENUE BOND ELECTION AND CAPITAL IMPROVEMENT PROJECTS AND PROPOSED CHARTER AMENDMENTS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida has made the following determinations: 1. On November 2, 2004, a General Election was held regarding the Limited Ad Valorem Revenue Bond and Capital Improvement Projects and proposed Charter Amendments. 2. All votes have been tabulated and confirmed. 3. It is necessary for the City Council to forward and declare the results of the election regarding the City of Edgewater Limited Ad Valorem Revenue Bond and Capital Improvement Projects and proposed Charter Amendments. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The results of the referendum question regarding Proposition 1: Limited Ad Valorem Revenue Bond to Finance a Capital Improvement Project - New City Hall described as follows; a) Proposition 1: Limited Ad Valorem Revenue Bond to Finance a Capital Improvement Project - New City Hall In order to finance the new City Hall, shall the City (1) issue a limited ad valorem revenue bond in a principal amount not exceeding $3,200,000, for a term of not longer than thirty (30) years from the date of issuance and bearing interest at an average net interest cost rate not exceeding 7 %, and (2) levy ad valorem taxes at a maximum millage rate of .41 mill on all taxable 2004 -R -14 1 property in the City to provide for the repayment of such bond? FOR 4087 AGAINST 5548 Section 2. The results of the referendum question regarding Proposition 2: Limited Ad Valorem Revenue Bond to Finance a Capital Improvement Project - Renovation of the Existing City Hall Site described as follows: a) Proposition 2: Limited Ad Valorem Revenue Bond to Finance a Capital Improvement Project - Renovation of the Existing City Hall Site In order to finance the renovation of the existing City Hall site, shall the City (1) issue a limited ad valorem revenue bond in a principal amount not exceeding $1,000,000, for a term of not longer than thirty (30) years from the date of issuance and bearing interest at an average net interest cost rate not exceeding 7 %, and (2) levy ad valorem taxes at a maximum millage rate of .12 mill on all taxable property in the City to provide for the repayment of such bond? FOR 3461 AGAINST 6105 Section 3. The results of the referendum question regarding Proposition 3: Limited Ad Valorem Revenue Bond to Finance a Capital Improvement Project - New Fire Station/Police and Fire Administrative Building described as follows: a) Proposition 3: Limited Ad Valorem Revenue Bond to Finance a Capital Improvement Project - New Fire Station/Pohce and Fire Administrative Building In order to finance a new Fire Station/Police and Fire Administrative Building, shall the City (1) issue a limited ad valorem revenue bond in a principal amount not exceeding $2,600,000, for a term of not longer than thirty (30) years from the date of issuance and bearing interest at an average net interest cost rate not exceeding 7 %, and (2) levy ad valorem taxes at a 2004 -R -14 2 A maximum millage rate of .29 mill on all taxable property in the City to provide for the repayment of such bond? FOR 4384 AGAINST 5260 Section 4. The results of the referendum question regarding Proposition 4: Limited Ad Valorem Revenue Bond to Finance a Capital Improvement Project - New Animal Adoption/Rescue Facility described as follows: a) Proposition 4: Limited Ad Valorem Revenue Bond to Finance a Capital Improvement Project - New Animal Adoption/Rescue Facility In order to finance a new Animal Adoption/Rescue Facility, shall the City (1) issue a limited ad valorem revenue bond in a principal amount not exceeding $500,000, for a term of not longer than thirty (30) years from the date of issuance and bearing interest at an average net interest cost rate not exceeding 7 %, and (2) levy ad valorem taxes at a maximum millage rate of .06 mill on all taxable property in the City to provide for the repayment of such bond? FOR 5570 AGAINST 4030 Section 5. The results of the referendum question regarding Proposition 5: Limited Ad Valorem Revenue Bond to Finance a Capital Improvement Project - Renovation of Kennedy Park described as follows: a) Proposition 5: Limited Ad Valorem Revenue Bond to Finance a Capital Improvement Project - Renovation of Kennedy Park In order to finance the renovation of Kennedy Park, shall the City (1) issue a limited ad valorem revenue bond in a principal amount not exceeding $1,000,000, for a term of not longer than thirty (30) years from the date of issuance and bearing interest at an average net interest cost rate not exceeding 7 %, and (2) levy ad valorem taxes at a maximum millage rate of. 12 mill on all taxable property in the City to provide for the repayment of such bond? 2004 -R -14 FOR 3338 AGAINST 6083 Section 6. The results of the referendum question regarding Proposed Charter Amendments - Ballot Question 1 described as follows: a) Ballot Question 1: Charter Amendment to Remove Term Limits for All Council Members Effective December 1, 2005. YES 2172 NO 7126 Section 7. The results ofthe referendum question regarding Proposed Charter Amendments - Ballot Question 2 described as follows: a) Ballot Question 2: Charter Amendment to Annually Rotate the Vice Mayor with the Initial Vice Mayor Being from District 1 Beginning on December 1, 2005 after the Regular City Election. YES 3640 NO 5283 Section 8. The results of the referendum question regarding Proposed Charter Amendments - Ballot Question 3described as follows: a) Ballot Question 3: Charter Amendment to Allow for Approval of Debt by a Referendum of the Voters in a General or Special Election. YES 5530 NO 3386 Section 9. The results of the referendum question regarding Proposed Charter Amendments - Ballot Question 4described as follows: 2004 -R -14 4 a) Ballot Question 4: Charter Amendment to Allow the City Council to Establish City Departments Which Shall Include One or More Departments Relating to Public Safety Services. YES 4621 NO 4475 Section 10. The results ofthe referendum question regarding Proposed Charter Amendments - Ballot Question 5 described as follows: a) Ballot Question 5: Charter Amendment to Limit the City Employees Required to Reside within the City to: City Manager, City Attorney, City Clerk, and All Department Heads in Charge of Public Safety Services. YES 5700 NO 3602 Section 11. These results ( "Election Summary Report") are affixed hereto and incorporated herein as Exhibit "A ". These results do not include provisional ballots which are referred to in the Provisions Ballot Accounting Form (Exhibit "B "). Section 12. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. Section 13. This resolution shall take effect upon adoption. 2004 -R -14 5 AfterMotionby Councilwoman Rhodes and Second by Councilman Brown the vote on this resolution was as follows: AYE Mayor Donald A. Schmidt x Councilman James P. Brown x Councilman Dennis A. Vincenzi x Councilwoman Harriet E. Rhodes x Councilwoman Judith Lichter x NAY PASSED AND DULY ADOPTED this 3rd day of November, 266' ' ?m ATTEST: Susan J. W -sworth 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 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Y' Donald A. Schmidt Mayor Rob n L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a Special Meeting held on the 3rd day of November, 2004. 2004 -R -14 6 IA ,) AGENDA REQUEST Date: February 15, 2006 PUBLIC HEARING RESOLUTION BOARD APPOINTMENT February 27, 2006 CONSENT. ITEM DESCRIPTION Planning and Zoning Board appointment. ORDINANCE OTHER BUSINESS BACKGROUND At the February 8, 2006 Planning and Zoning Board meeting, members discussed the reappointment of Edwin Vopelak. RECOMMENDATION The Board voted to recommend City Council reappoint Edwin Vopelak to a three (3) year term, expiring March 17, 2009, on the Planning and Zoning Board ACTION REQUESTED Motion to reappoint Edwin Vopelak to a three (3) term on the Planning and Zoning Board. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: DATE: Respectfully Submitted By: YES AGENDA ITEM NUMBER: 1 `F Bonnie Wenzel Planning & Zoning Board Coordinator NO X AGENDA REQUEST Date: February 15, 2006 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT February 27, 2006 CONSENT BUSINESS ITEM DESCRIPTION Planning and Zoning Board appointment. BACKGROUND At the February 8, 2006 Planning and Zoning Board meeting, members reviewed applications to fulfill the vacancy to be left by Robert Garthwaite. RECOMMENDATION Board members discussed and recommended several applicants as a potential replacement for the three (3) year term. ACTION REQUESTED Motion to appoint a new Planning and Zoning Board member to fulfill vacancy to be left by Robert Garthwaite for a three (3) year term commencing on March 18, 2006. FINANCIAL IMPACT: (FINANCE DIRECTOR) *awl PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: n Bonnie Wenzel Planning & Zoning Board Coordinator ,I �A I) ,%W' Planning and Zoning Board recommendations Board Member 1 Dan Grisell David Mark Leonard David Turner Board Member 2 William F. Miller J. David Ross David Mark Leonard Board Member 3 Gary W. Roberts Thelma Emter Elizabeth Donahue Board Member 4 David Ross Gigi Bennington Board Member 5 Michael Visconti William F. Miller lwoi THE CITPOF OED GE WATER POST OFFICE BOX 100- EDGEWATER, :FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY BOARDS OR I COMMITTEES, ADDRESS r� /l/�d �✓ S DELL HOME PHONE 7 -1 BV SS PHONE OCCUPATION //j X Are you a resident of Edgewater How long v,e- Is your principal place of 'employment in Edgewater? ES if yes how long? /Z 5 Briefly state your 'interest in serving on a City board or committee: State your experience /qualifications. C C, Are you a registered voter? Are: you employed' by the City ? hold office? - X) At./the present time, do you: serve on any other Boards or committees? If so, list each: Have you ever served on an bo ds agencies,. o committees? .. If so, list ,7 each F�ayi_�; < % 1/ ! '.�� "./", / /^ /_/ .', - --- _ (BOARD AND COMITTEE MEMBERS MAY BE REQUIRED. TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS.'9ACH YEAR) PLEASE INDICATE BOARDS OR .COMMITTEES YOU WOULD LIKE To SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER 3 GENERAL EMPLOYEES PENSION..BOARD ANIMAL CONTROL BOARD LIBI;ARY BOARD CITIZEN CODE ENFORCEMENT BOARD RECREATION.& CULTURAL SERVICES _TCONSTRV6TION REGULATION BOARD P & ZONING BOARD ECONOMIC DEVELOPMENT BOARD �POLI PENSION BOARD FIREFIGHTERS PENSION BO D VETERANS PARK ADV. COMMITTEE SIGNATURE , DATE.: `� SEE REVERSE SIDE D ITTEES LISTINGS (2- 10 -03) 11- 17 1 05P12:18 RCVD THE CITY OF EDGE WATER POST OFFICE BOX 100- EDGEWATER, "FLORIDA 32132 - 0100 .APPLICATION FOR APPOINTMENT 'TO CITY BOAtwS OR COMITTEES NAME .ADDRESS -_ /cam f'lAl ' 77AFjE HOME PHONE _ . 7 27 96 "�// BUSINESS PHONE OCCUPATION - & - F- 7- 16F-D . Are you a resident of Edgewater„ — How long R ,� 5 02�' , Is your principal place of employment in Edgewater? _ if yes how long? Bri 6fly state your interest in Serving on .a City board or committee: VE Q FAa n-) S F L,51 7�2ZL, State your ex erience/ ualifications 7 /mot /s+ni l ,Cd�Q L C4 j '�7f v � . B,eLi� v� / h c✓ i s r r - A* �� Are you a registered voter? ,o r Are: you employed by the City ? you hold,public office? A/C .At the present time., do you serve on any other Board; or committees? — If so.. list each: Have you ever served on any boards,. agencies, or committees? NO If so, list. each (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE .WITH THE STATE, FINANCIAL DISCLOSURE FORMS gACH YEAR) PLEASE INDICATE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING-TO CHOICE BY NUMBER ANIMAL CONTROL BOARD CITIZEN CODE ENFORCEMENT BOARD "CONSTRUCTION REGULATION BOARD ECONOMIC DEVELOPMENT BOARD FIREFIGHTERS PENSION BOARD GENERAL EMPLOYEES PENSION.BOARD LIBWY BOARD RECREATION.& CULTURAL SERVICES PLI�NNING & ZONING BOARD . POLICE PENSION BOARD VETERANS,PARK ADV. COMMITTEE SIGNATURE ' DATE: -_ �✓ " f .� ` CJ�cS _ SEE REVERSE FOR BOARD AND COMMITTEES LISTINGS (2- 10 -03) ,� '`► 5 a ds sxxNiu� *'`� rayx"?' THE CITY OF�`� ... �. �:.. 4` ;�Yn; r�s �3�1.•� .... POST OFFICE BOX I00 -ED GEWATER,.FLORIDA_i 32T =0100 APPLICATION FOR APPOINTMEW M. CI .: ;. , Mx= z . BOARDS, AGENCIES "OR :COI�tITTEE'S'r '" NAME 'bdx':i eV •+7;�: , Y4. r ��iai :?1�,�,`�:Q +.x °tj,�;`•:.�i.: Wit.:!'..:;T.'.. ... ADDRESS ,. . : (5taf9,Ki3X _ wjpp _ 1y diftsick.atmiber� HOME PHONE . USINESS p PHONE . .. r fit" OCCUPATION w.:.•.,.,.:.._ ss':.. :.:: : Are you a resident of EdgewaterQri 'How = q :,• :..: , .:...,.,.. ,:._ ...:' . k r Y r.� is Is your principal place of': employm•lpnigg 1.f yes hqw; . Briefly state your interest in. serving ��a,itytbQag� Gy qx Committee: Po { .N� X73 m State: �,„�'�.'', "' 7`� •, a�.•. .fir 6' if r Xr "ate: mkt `v� , � r Are ,- eeg stered 9 - S Are y u emp oyed by thityo oiu�holc ice _... rah �. 4 - .K ,� At th pres enc s, o committees If '�� n. . s d .. � .I:•.. LbHave -yo u ever rn � .If so, li .:eac t r�: €� •�' U y + (BOARD, AGENCY ANDCCd l -1 .7. lBE`R$ _ QUIRED° TQ FILES TH THE STATE, "FINANCLi "¢ u fp PLEASE, SOA$DS ai►(3EpTC,SAtF1;y�?Y� WOIILD. LI1QS TO SERVE , O AN N AND. R�C TBEMO�IN4 x;TO ;CHI 8X rNEli ' a + IMAL CONTROL tBOARD GFNERAL EN�PI�pYEESg$NSIODj $OARD oa AWAWN WA BEAUTIFICATION `4 TREE COMMITTEE Y BOARDS { _L CITI2EN CODE ENFORCEI�NT' BOARD & RECREATI01 BOARD " �CONSTRUCTION.REGULATION BOARD ,5,� wm_ 0 _ECONOMIC DEVELOPMENT BOARD RD �OLICE PENSIQN BOA ' i t r FIREFIGHTERS PENSION BOARD S rsY. T SPARK . 1. -��• .�' • J��6n- yn,�� A ..� Fx ��f,'� '43'�.'.I 4 � .Z•'� SIGNATURE ri 74z p t ** SEE REVERSE S E FOR LISTING OF :BOAMS,'�**3 .. *g -A. iD'§COt�dITTEE$ t. ' (V r10 30 11111 �� 'aFM. Jt �A1D 46 8C D City of Edgewater PO Box 100 Edgewater, Florida Application for Appointment By serving on a City Board I hope to make a difference in the future development of the City of Edgewater. The first priority and most important issue should be in the economic development of this city. As a previous owner, vice - president and secretary of DOW Realty & Construction Co. I negotiated agreements with families wanting to build a home to companies wanting to do business with us. I attended seminars given by the utilities regarding implementation of new ideas and equipment. Also kept up with changes in zoning and building codes. I was involved with the campaign for a relative who served as a representative and senator for ten years. Helping to keep a line of communication open with his voters. I was approached in my home town to run for state senator but because of family obligations and being a federal employee I declined. While employed by Employee's Group Ins. Co., I was sent to URI and received several credits in compensation law with a grade average of A -. I feel that the City of Edgewater must sell itself in order to bring industry and business to Edgewater. We must lose the image of being a city where anything goes. Residential and business areas must be kept separate where a company is willing to bring their CEO's here to live as well as to work. Elizabeth B. Donahue 3 26 Umbrella Tree Dr. Edgewater, Fl 32141 (904) 423 7500 APPLICATION FOR Appon;TMW To CITY BOARDS, AGENCIES OR CCUMITTEES 7m_6,- 1, NAIL / ADDRESS z z t 2 ROm PRONCA)_ n?-�-5 rnmas PHONE V%.;UU&WX;LUN I)r— j4z�l:.w . . LJ i, j I - 7 Are you a resident of Edgewater _How long--- MA Is your principal place Of employment in Edgewater? —4 if yes how long? Briefly state your inte. �?n a City board, agency or committee: State your expe#94. /4041ititati Have y6u. ever se��d On any . boards, e If so, 'list ''gdfi PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK TIM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD 64011. ies, or committees? —GENERAL EMPLOYEES PENSION BOARD —LIBRARY BOARD — CITIZEN CODE ENFORCEMENT BOARD —RECREATION & CULTURAL SERVICES —CONSTRUCTION REGULATION BOA-RD IL PLANNING & ZONING BOARD —ECONOMIC DEVELOPMENT BOARD —POLICE PENSION BOARD —FIREFIGHTERS PENSION BOARD —VETERANS PARK ADV. COMMITTEE SIGNATU LIS � Aor AGENCIES AND COHM1T9%ES '* (R!gV 1 - 02) SEE REVERSE SIDE FOR LIS DATE 2,1�22 A � Are you qm_ ko-yed b e CitYl&,bo y t h e y' ou hold lic offic6? Pub A At the p;e4ent tim i a, do you serve on any at'her t6grd Agencies, or committees eaft. (BOARD, AGERCY AND CQ ,NW- Tftig 1�u `iv&BE . "=(d ' - . 6. TO FILE WITH THE STATE, F:ENANC1AL'&9'1C-LQPVPX, KS CH YEAR) Are you a resident of Edgewater & r - How long_ ©G7 - 2 ,ADDRESS HOME PHONE 2 3 - /V Bus INE S S PH ONE 2 = q l �� OCCUPATION OWA/E2 - C re-V l../ n/ �/2�" ��L ✓�4! THE CITY OF EDGE WATER POST OFFICE BOX 100- EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY BOARDS OR CCMNlITTEES rn� G rl-r S 6'L- Is your principal place of employment in Edgewater? if yes how long? C-7 - 0302. Briefly state your interest in serving on a'City board or committee : 'P iy wry l,/�1 -y . GA-AP - r,4ess Are you a registered voter? S your experience/qualifications Are you employed by the City ?-16�-Do you hold public office? It At he present time do you serve on any other Boards or committees? .If so;. list each: Have you ever rved on y boards, agencies, or committees? yEs If so, list. each: byr -z tPT1941esh2� (BOARD AND COMITTEE ME1 MAY BE REQUIRED TO FILE .WITH THE STATE, FINANCIAL DISCLOSURE FORMS:EACH YEAR) PLEASE INDICATE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING -TO CHOICE BY NUMBER. GENERAL EMPLOYEES PENSION BOARD ` ANIMAL CONTROL BOARD L.IB$P,RY BOARD CITIZEN CODE ENFORCEMENT BOARD RECREATION.& CULTURAL SERVICES ��CONSTRUCTION REGULATION BOARD � pLANNTNG &.ZONING BOARD ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD FIREFIGHTERS P.EI3SION BOARD VETERANS PARK ADV. COMMITTEE SIGNATURE DATE: y SEE REVERSE SIDE FOR BOARD COMMITTEES LISTINGS (2-70 -03) S 05 - 11 -04 P12 :45 IN THE CITY OF EDGEWATER POST OFFICE BOX 100-EDGE WATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME (2A V Q �iA `Z.(� C" d /✓ A IZ D ADDRESS a 14 1� /( Distric (Staff will s upply district number) HOME PHONE y6 0 BUSINESS PHONE lV.� OCCUPATION L `f N. l� (� (� 2� /H �� # e : Are you a resident of Edgewater Y S How long "4. Is your principal place of employment in Edgewater? if yes how long? ,0 Briefly state your interest in serving on a City board, agency or committee _ L aA 6— 1,;, V �a FIB G/° i Iola/ f3 s� � n�Yl�4awL "o�N oI 6 ,��f o F 6 dF�c�mEt yirr State your experience /quall3ations 3f 6GdG � iG iV`KGrj�r/- (,, J i�s,� 7 l C�.mr ffe^i_�6 r6 / c' r Are you- a rcgi.stered votes Are you employed by the City? Dd you hold e cps 6'Tl"eced At she ".present trine, .d�'you serve oz any a�3er Bczzi, 1�sercis, or committees? N d If so, list each: 7 Have you ever served on: fly boards, age r , or cA ees? If so, list, eac ' °' oi✓ �GANNi, d g h s k (BOARD, AGENCY AND COM__ITTEE — 'XAY BE REQUIRED TO.FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR CObJMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD BEAUTIFICATION & TRER COMMITTEE LIBRARY BOARD 3 CITIZEN CODE.ENFORCEMENT BOARD PARKS & RECREATION BOARD oL CONSTRUCTION REGULATION BOARD _PLANNING & ZONING BOARD ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD FIREFIGHT PENSION BOARD. . VETERANS PARK ADV.'COMMITTEE * O,w►d DATE ** SEE REVERSE SIDE FOR. LISTING OF BOARDS, AGENCIES AND - COMMITTEES ** (REV 10- 30 -97) APPLICATION FOR APPOINTMENT TO CITt@Z 9 0 BOARDS, AGENCIES OR COMMITTEES ADDRESS , 14Q 6 S HOME PHON& 3$( � (- �� BUSINESS PHONE OCCUPATION uc'�l (dGYLitNGt Are you a resident of Edgewater�How l ng�/� Is your principal place of employment in Edgewater ? if yes how long? Briefly state your interest in serving on a City board," agency or comm ittee: State your experience /cjdal ifications /,, Vt,, ts.JH Are you a registered voter? Are you employed by the .City ?,:. 6 you hold public office? At the present time, do you serve on any other Boards, Agencies, or committees ? V-0 If so, list each ( BOARD , AGENCY AND QQM!dTTEE 2 02 ER ,S MAY,. p $E THE STATE, FINANCIAL DISGLOSUi2E FORMS EACH' TO FILE WITH PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD LIBRARY BOARD CIT3,ZEN CODE ENFORCEMENT BOARD (/� C REGULATION BOARD ECONOMIC DEVELOPMENT BOARD RECREATION & CULTURAL SERVICES _PLANNING & ZONING BOARD POLICE PENSION BOARD FIREFIGHTERS PENSION BOARD VETERANS PARK ADV. COMMITTEE SIGNATJR DATE: ** SEE k,r RSE SIDE FOR LI TING OF BOARDS, AGENCIES AND C0MMITTEES * (REV 1 -02) 1410#1 1 THE CITY OF EDGEWATEI POST OFFICE BOX 100- EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT 'TO CITY BOARDS OR COMMITTEES ADDRESS ; l 3 I HOME PHONE q :4 BUSINESS P , 4,:> m R.: t; , OCCUPATION 06 0 4°, b a Are you a resident of Edgewater u,How long Is your principal place of employment in Edgewater? if yes how long? f try Briefly state your interest in serving on a City board or �— committee: State your experience /qualifications ' � �, _ x � . , r 1)-4 VP II , n.e.o vr L35Lw w • t r.�e Are you a r.gistered voter ?�_ Are: you employed by the City? jL L Do you hold public office? .( f .At the present time, do you serve on any other Boards or committees? ®r CL If so, list each: x fd e 2. f " r) i l Have you eve list. each:` ' served on any boards, agencies, or committees? r:( If so, gtv s +`d -5S . •....K,v�awa..- . W r 1 ..n. tt11A 1,27 FINMOIAL DISCLOSURE FORMS. EAC YEAR) PLEASE INDICATE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING. TO CHOICE BY NUMBER ANIMAL CONTROL BOARD CITIZEN CODE ENFORCEMENT BOARD CONSTRUCTION REGULATION BOARD ECONOMIC DEVELOPMENT BOARD FIREFIGHTERS PENSION BOARD SIGNATURE SEE REVERSE SIDE FOR BOARD AND STATE, GENERAL EMPLOYEES PENSION. BOARD LIBRARY BOARD RECREATION.& CULTURAL SERVICES _ PLANNING & ZONING BOARD POLICE PENSION BOARD VETERANS PARK ADV. COMMITTEE A DATE: — —e)!? EES LISTINGS (2- 10 -03) APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES � 1� C Name J � � _ V Q/ C .� _ Address d� � D c' � tie g��- j Horne Phone �-C � �Business Phone � �CQ �✓� � ' 7 � l� Occupation 19 U/ C S fn C Are you a registered voter? Voting District Are you a resident of Edgewater?L--�— How long? �^ Is your principal place of employment in Edgewater? y Ifyes how long? Briefly state your interest in serving on a City board or committee: _ -� P fit✓ �� Cc� _ @ LEI ,L,�( ,QC' fiC,�� State your experience /qualifications Are you employed by the City ?-4eaDo you hold public office ? Al 0 At the present time, do you serve on any other Boards or committees? If so, list each: C k a, of � c ivy e / Have you ever served on any boards or committees? If so, list each: (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE THE BOARDS OR COMNIITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD CITIZEN CODE ENFORCEMENT BOARD _CONSTRUCTION REGULATION BOARD ,ECONOMIC DEVELOPMENT BOARD ` FIREFIGHTERS PENSION BOARD Signature (REVISE Date j - y �V 4 1/'_0 . GENERAL EMPLOYEES PENSION BOARD LIBRARY BOARD RECREATION & CULTURAL SERVICES POLICE PENSION BOARD VETERANS PARK ADV. COMMITTEE 03- 04- 05A08:49 RCVD THE CITY OF EDGEWATER , POST OFFICE BOX 100 - EDGEWATER, FL 32 -0100 APPLICATION FOR APPOINTMENT TO CITY F BOARDS, AGENCIES OR COMMITTEES NAME W . ��DgE P"T ADDRESS ZA HOME PHONE - 7�j3 15 BUSINESS PHONE OCCUPATION fF'U { L_P Are you a resident of Edgewater How lon g 17 Is your principal place of employment in Edgewater ? Briefly state your interest in serving City o committee: e, do you serve on if so, list each: "" (BOARD, AGENCY AND COMHR%t- THE STATE, FINANCIAL DISCLOSURE EACH YEAR) PLEE INDICATE BOARDS, AGENCIES OR COHMITTEES YOU WOULD LA AS CE TO SERVE ON AND RANX THEM ACCORDING TO CHOICE BY NUMUM GENERAL EMPLOYEES PENSION BOARD ANIMAL CONTROL BOARD LIBRARY BOARD CITIZEN CODE ENFORCEMENT BOARD RECREATION &.CULTURAL SERVICES CONSTP.UCTION REGULATION BOARD PLANNING & ZONING BOARD ECONOMIC DEVELOPMENT BOARD '" POLICE PENSION BOARD FIREFIGHTERS PENSION BOARD VETERANS PARR ADV. COWTTEE. SIGNATURE �_ tt SEE REVERSE S E R LISTING BOARDS, AGENCIES AND D C A �TTEE� ( R" w EV 1- 11 -00) � 0 4 - 05- 02AII:48 RCVD A S� (( I r4k' s 4r v NEW T33 � ;Ef,.,J t L,p� /h.JG� I NC . E�,1 • f= L_ . 1�1_M JAL � � .1� >^hJT' I AL. fD�V�L.�{�M VOLLJ51A COL1)-JTY HC)Ma 1? I L.Df;—';Z:5 . A;5:5c>Gj r,_'T"'tG?t�.,l C rr'Y Ga u Nc LM•a.t C ITY Ot~ r- P: a 1h1A'1 - r-- I?- '17- 9 4 9 ► M aM [ �. C> Nt� t^ "T 5,:n AAA j7 G tT�' ate. �pt.�.E - 1�t f3. A-W W UA 17y PT't 1 F�.�.h+l T' J oGL. C.� l,,� S �►�1G� FOP uo[_u►,ITr� N- or.�1r rte' f I•t �ca�, 5 OUT - NI� 5 A , 5'1"-- VoLtJ�I Vd L.0 :5 1.4 >� l� !r- �I .�.T`C= .2 �, { G�` e✓. h.,l '1� � � 1 �.lG,�. � � � � :� �--1a f�,A. ► N � {-� L hl i�.5 � f! 1:-N- i-'� � VOL.. U � Tl� �, I N � r fi.: uG-i"v� 1 t1 L C.11 I up P-.J1J IrIJ M1` I P-4 C .Post OFFICE BOX 100- EDGEWATER, FLORIDA 3213 -0100 mot i APPLICATION FOR APPOIIT '�_ 0 CITY BOMWS OR _ 01. -06 -06 A03 I N itot�� pv�* sysnr8ss PaOm _ OgCUPAT Are you- a resident of Edgewater How 'loa 1 ' Is your principal place of employment in Edgewater? yr if yes how long? L �(£AR51 Briefly state your interest in serving on a board or co ' tt c� �1 — d� G ?i v i '�N D 7 AE c- -� ; a � � 0 � • C o o - c;•w -►- :A� -+ -cl ��yF— 'L_� F��is - aF • fr ��u�s��',�- '- State your experience /qualifications � 2 F; ✓E P�, �l vfARs ; ' 7N /��` % / �IFJ:S r �/{' R'�A L f' �'� iNv' fl /v : � _ � - �' °.►�.r --; v' G. i �raJ 1 . Are- -you a registered oter? -Are you employed -by the City? LO — Do you •2 old public office? - N G) 1 t the present dime, do - you: serge on any other- Boards . or committees? /Up • If so; list each: - Have you ever served on any 'rds, agencies, . or committees? $J If so, - list- ach OR r- v ".14" �,3 Ca ��r /a Nom CC' .., tir �` E - t ti. 4,4 Ate I :1 gel (BQARD - AND =4UTTEE - MMERS MAY BE REQU IRW - To FILE - wjL TBE sum, PYNANC DISCLt SMM FORD: _EACH YEAR} 8 I1H2I Mms- M CMWTTIM YOU i4oum LIKE TQ S$IiVE ON AM PAW THEM SING• TO C"DICE ar R - GENERAL EMPLOYEES PENSION_BOARD Ai, AL - CONTROL BOARD T,IB$AR7C BOARD CITIZEN "CODE ENFORCEMENT BOARD REMPATI CULTURAL SERVICES CONSTRIICTION RE:GULATZON BOARD P s.AUU ru G & ZONING BOARD ECONO2UC DEVELOPIMT BOARD POLICE PENSION BOARD FIREFIGHTE4 ON BoARD VETERANS PARK ADV. COMMITTEE SIGNA`T`URE DATE.• REVERSE ID ARD AND COMMITTEES LISTINGS (2- 10 -03) THE CITY OF .EDGEWA TER D POST OFFICE BOX 100- EDGEyi'ATER, FLORIDA 32 32132-0100 APPLICATION FOR APPOINTMENT TO CITy1D 1PR _4 AN ADS, AGENCIES OR COMMITTEES 8 27 T'/ 7 ADDRESS - 23 j / HOME PHONE 9 "" / at y ` BUSINESS PHONE OCCUPATION Are You a resid�to Ed � gewater gow Ion Is Your Principal al d P place of employment in Edgewater? if Yes how long? Briefly state ° your interest in serving on a Cit board Committee: , , agency or 0 A/ State our p 'e;e':: _. Y ex eri gite /c4alifications Y .nre you a registered voter? Are you employed b the city _1U 2D, you hold Public office? p Committees? I do �� seeac} 6 l any other Boards, Agen o ci —�— -& -Tf s es, or Have you ever serve: o v If so, list each:..; j ti� t P " any boards • . ----- es, or committees? w . THE �' T ` E �' O ' E F� AND CObIItITEE ME M NABTCIAL DISCLOSURE �d 3Et S MAY BE!�`kEQU: , 'MS EACH YEAR) TO FILE PITH PLr WOVLD L TO E S INDI AT BOARDS, AGXUCIES OR CM441TTEES YOII RANK THEM ACCORDING TO CHOICE BY NDMF,R ---_.ANIMAL CO NTROL BOARD GENERAL EMPLOYEES PENSION'BOARD _ CITIZEN CODE ENFORCEMENT BOARD LIBRARY BOARD -CONSTRUCTION - 2 -RECR EATION & CULTURAL SERVICES REGULATION BOARD ECONOMIC DEVELOPMENT G 6 ZONING BOARD I,OPMENT BOARD -4-FIREFIGHTE SION BOARD -POLICE PENSION BOARD SIGNATURE - — VETE RANS PARK ADV. COMMITTEE ++ SEE REVERSE SIDE FOR LISTING OF DATE: 5� 7 BOARDS, AGENCIES AND C0 t* 4 ITTEES ** (REV 1-11 -00) 04- 05- 02A11:47 RCVD I Q-C4- P\ t.3 s0- j F ' - 07 18- 05P02:50 RCVD' THE CITY OF EDGE WATER POST OFFICE BOX 100- EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY II BOARDS, AGENCIES OR COMMITTEES NAME MI � R eel C I V 1 S C D N% I ADDRESS SJ 6 P/ /V % Pjt CC— L & J� R. HOME PHONE 42-7 - BUSINESS PHONE OCCUPATION F- / / 1` / Are you a resident of Edgewater 4FS How long 6 S Is your principal place of employment in Edgewater? if yes how long? Briefly state your interest in serving on a City board, agency or committee: 60 o u L Z i k P S.c O u ), C - r , z I�a c✓ - r3tT. l"7S i 13�re /l/�w Co uS'T r�_ �; C�7 "e „c/ L A r..t S' C,C/� <`y !� -�sv Are you a registered Do you,. hold public of ice? 01 Are you employed by the'City? At the present time do you serve on any other Boards Agencies, or committees list each: / f_ %i/: eea, /e w U AJ Q FE t` L F S[ Have you e..ver.served on any boards, agencies or comniitte.es? If / so, list each: Q� -:. C /a4inz /rte �/1!4 T'; AT E► oy 13 o,a� � /t�6s�o slfi a /4/ OF r"% :!•f ADD p 7`h`Fl✓ S (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED'TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR`) PLEASE INDICATE $OARD�S, AGENCIES OA CPMMITTEES YOU WOULD LIKE TO SERVE on AND RANKTHEM ACC,ORDTkd TO CHOICE BY NUMBER ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD BEAUTIFICATION & TREE COMMITTEE _k LAND DEVELOPMENT & REG. AGENCY CITIZEN CODE ENFORCEMENT BOARD LIBRARY BOARD CONSTRUCTION REGULATION BOARD PARKS & RECREATION BOARD ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD FIREFIGHTERS PENSION BOARD VETERANS PARK ADV. COMMITTEE SIGNATURE 7/ /7 / / Z &5 — ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** vftw. THE CITY OF EDGEWATER POSE' OFFICE BOX 100- EDGEWATER, :FLORIDA 32132 -0100 APPLICATION FoR APPOINTMENT TO CITY BOARDS OR C0141ITTEES ADDRES3 HOME pH0 51 '_ SUS INE S S PHONE OCCUPATION Are you a reside t of Edgewater yam` How long / Is your princi al -� p place of employment in Edgewater? if yes how long? Br,efly state your interest in serving on.a City board or committee:/� / a ' did ► 46' e 57,z , State your experience /qualifib ions y Are you a registered voter? Are: y ©u employed by the City ?A� you bold public office? At the present time, do.you serve on any other Boards or committees ?. If so; list each: Have you ever served on any boards, a es,.or committees? /� ist If so, . each:: �O>i�!'C �i �Z2f �a y'.2> . (89 AND COMMITTEE - MEMBERS MAY BE REQU RED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS:9ACH YEAR) PLEASE INDICATE BOARDS. OR COMMITTEES YOU WOULD LIRE TO SERVE ON AND RANK THEM ACCORDING. TO CHOICE BY NUMBER. CD X ANIMAL CONTROL BOARD CITIZEN CODE ENFORCEMENT BOARD �- CONSTRUCTION REGULATION BOARD ECONOMIC DEVELOPMENT BOARD FIREFIGHTERS PENSION BOARD SIGNATURE SEE REVERSE SI E FOR OARD AND COMM: ,_,GENERAL EMPLOYEE$ PENSION. BOARD LIBRARY BOARD W RECREATION.& CULTURAL SERVICES ff POLICE PENSION BOARD VETERANS PARK ADV. COMMITTEE DATES S LISTINGS (2- 10 -0.3) J. 12 0.5- 05P12:59 FILE 4* AGENDA REQUEST Date: February 7, 2006 PUBLIC HEARING CONSENT RESOLUTION ORDINANCE OTHER BUSINESS X CORRESPONDENCE ITEM DESCRIPTION: Water /Wastewater Purchase Agreement for Chlorine Cylinders (SICOP), BI06 -2139, Recommendation for Bid Award on Chlorine Cylinders BACKGROUND: The City of Edgewater being an entity represented under the Shared Interest Cooperative Purchasing (SICOP) group; participated in the November 2005 competitive bid for chlorine cylinders. The lowest bidder for the cylinders was DPC Enterprises, L. P., with a bid amount of $467.80 per one -ton cylinder. STAFF RECOMMENDATION: Staff recommends accepting the bid price of the one -ton chlorine cylinder at $467.80 per cylinder, with an estimated annual expenditure amount of $30,000.00 ACTION REOUESTED: %W Motion to accept the bid for chlorine cylinders from DPC Enterprises, L. P. at $467.80 per cylinder and for the City Manager to execute the agreement with DPC Enterprises, L. P. FINANCIAL IMPACT: (FINANCE DIRECTO (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: N/A Respectfully submitted, Terry Wadsworth Environmental Services Director ``r YES NO it AGENDA ITEM NO. Concurrence: Robin Matusick Legal Assistan Kenneth R. Hooper City Manager `l . �A Page 1,of 1 •M Williams From: Karen.Elzy @ci.orlando.fl.us Sent: Friday, December 30, 2005 10:16 AM To: Paul. Deuel @ci.orlando.fl.us; Charles .Thompson @ci.orlando.fl.us; tthorne @itsmymaitland.com; Judi Mazur; btaylor @cityofoviedo.net; dtaylor @winterspringsfl.org; ksmith @melbourneflorida.org; hrowan @cocoafl.org; dluke @kissimmee.org; jkinzler @clermontfl.org; purchcss @covb.org; M Williams; rjohnson @co.lake.fl.us Subject: Annual Purchase Agreement for Chlorine Cylinders (SICOP), 8106 -2139 The City of Orlando received bids on 11/30/05 for the subject solicitation. DPC Enterprises, L.P. is the low bidder. Please find attached a copy of the bid tabulation for your information. The City of Orlando Office of Purchasing is requesting City Council approval on 1/9/06 to award to DPC Enterprises, L.P. Upori approval, we will complete the Agreement and expect to begin services :)n 2/1/06. 1 will forward a .pdf of the Agreement upon completion. Please advise if you have any questions or require additional nformation. Regards, Caren L. 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U ter+ yEao . wcUOrno W C U m (� (c� C z0 0 0 c C o C o d wo7 c Rrncc <aLo) ~c a o o. o H o y m ca xC`al dY O~c C> LO m `: cO vZ f w W? n O .0 = +• • L c m C Q L) m m rn c U) m L 2 7 d Q) > L Q) O O U N (� Z a) Z O a 0Q:� C) -a M p g�Co A Co M j Q r p (n Oa ~ NN U) LL cl L O0 -CY)-a O W m a) > U U O C) ' Z t U L O c a) E a) N Q a) m L L 7 a M c c Q c a) m Q C N NW L c � m aY F o ° CL 0 c a) E a O L a) 9 a) E c m a) m 'a rn c N CL O O m a) N L C N E m U Q) N L O _ T ai C O a) � L O U c .(D a) a a) = a) L O m c c a) m > w- N •- L c '- O O N O t 0 1. 7 - 4 s, AGENDA REQUEST Date: 2/21/06 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS XX ITEM DESCRIPTION Stormwater Management Cost - Sharing Agreement Between the St. Johns River Water Management District ( SJRWMD) and the City of Edgewater Eastern Shores Stormwater Improvement Project Contract #SJ442AA BACKGROUND The City of Edgewater has applied to the SJRWMD Stormwater Management Projects Cooperative Cost Share Program for the Eastern Shores Stormwater Improvement Project. The purpose of the project is to provide stormwater quality improvements for the Eastern Shores drainage basin, which discharges into the E I Canal in Edgewater. The E 1 Canal drains directly to the Mosquito Lagoon. The Eastern Shores basin consists of 46.72 acres of commercial, residential, industrial, and mobile home park land uses, which has no storrawater treatment facilities, including 250 foot of road runoff from Highway US 1. A combination of swales, exfiltration trenches, and nutrient separating baffles boxes will be constructed to provide water quality and flood relief improvements for the basin, resulting in improved water quality for the discharges to the E I Canal. Brenda Johnson, Deputy Director of Environmental Services and Calvin Ayers, Stormwater Superintendent for the City of Edgewater, put the project together and were assisted in applying for this funding by Amy Adams of Canaveral Scientific. The SJRWMD has chosen this project to participate in funding and is pledging a not to exceed amount of $80,000 to the City through Contract #SJ442AA. Nancy Christman of the St. Johns River Water Management District will be attending the Council Meeting of February 27, 2006 to present the ceremonial check to the City of Edgewater. STAFF RECOMMENDATION Staff recommends entering into Contract #SJ442AA with the St. Johns River Water Management District for the Eastern Shores Stormwater Improvement Project. ACTION REOUESTED A motion to enter into Contract #SJ442AA with the St. Johns River Water Management District for the Eastern Shores Stormwater Improvement Project, and to authorize the City Manager to execute the agreement on behalf of the City. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: Respectfully submitted, YES NO AGENDA ITEM NO. SM. I MM7�51� C:1 AlyDociments lTeM%Files44gendaRequest Robin Matusick, Paralegal ��1 G� ` Kenneth R. Hooper City Manager Contract #SJ442AA STORMWATER MANAGEMENT COST - SHARING AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF EDGEWATER THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ( "the District "), whose address is 4049 Reid Street, Palatka, Florida 32177, and CITY OF EDGEWATER ( "City "), whose address is Post Office Box 100, Edgewater, Florida 32132 -0100. WITNESSETH THAT: WHEREAS, the waters of the State of Florida are among its basic resources and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water; and WHEREAS, pursuant to Chapter 373, Florida Statutes, the District is responsible for the management of water resources within its geographical area, and proper management of stormwater is necessary to protect the public health, safety and welfare and extend the life of surface and ground water resources; and WHEREAS, the District's Governing Board has established the Stormwater Management Projects Cooperative Cost -Share Program ( "the Program") to support stormwater management efforts that contribute toward the improvement of water quality by achieving pollutant load reduction goals (PLRGs) or total maximum daily load (TMDL) allocations for identified priority pollutants. The District may also consider projects that protect or preserve water quality in designated Surface Water Improvement and Management (SWIM) water bodies; and WHEREAS, City has applied for and is qualified to participate in the Program, and the parties have agreed to jointly fund the stormwater management project ( "the Project "), which is described as follows: The purpose of the project is to provide stormwater quality improvements for the Eastern Shores drainage basin, which discharges into the E1 Canal in Edgewater. The E1 Canal drains directly to the Mosquito Lagoon. The Eastern Shores basin consists of 46.72 acres of commercial, residential, industrial, and mobile home park land uses, which has no stormwater treatment facilities, including 250 foot of road runoff from Highway US LA combination of swales, exfiltration trenches, and nutrient separating baffle boxes will be constructed to provide water quality and flood relief improvements for the basin, resulting in water quality for the discharges to the E1 Canal. NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby made a part of this Agreement, and the payments herein specified, which the District agrees to make, City agrees to furnish and deliver all materials, to do and perform all work and labor required to be furnished and delivered, done and performed for the Eastern Shores Stormwater Improvement Project, Contract #SJ442AA ( "the Work"). City agrees to complete the Work in conformity with this Agreement. This Agreement consists of the following documents, including all modifications incorporated therein before their execution: Agreement; Exhibit "A" — Program Application; and Exhibit `B" — Comptroller's Memorandum Page 1 Contract #SJ442AA ARTICLE I - TERM, SCHEDULE AND TIME OF PERFORMANCE A. Term The term of this Agreement shall be from the Effective Date to the Completion Date. 1. Effective Date The Effective Date of this Agreement shall be the date upon which the District has dated and executed the same. 2. Completion Date The Completion Date of this Agreement shall be upon satisfactory completion of the stormwater management project and subsequent cost reimbursement to City; or twenty -four (24) months from the Effective Date, whichever comes first, unless extended by mutual written agreement of the parties. All Work under this Agreement shall be completed for use no later than the Completion Date. 3. Time is of the Essence The Commencement Date and Completion Date are essential conditions hereof. In addition, time is of the essence in execution of this Agreement by City. If City fails to execute this Agreement within sixty (60) days of receipt, the Project shall be removed from the District's list of approved cost -share projects and the District shall seek to provide funding to other stormwater management projects that have been approved by the Governing Board. ARTICLE II - STATEMENT OF WORK AND DELIVERABLES A. Deliverables City shall fully implement the Project, as described in City's Program Application, attached as Exhibit "A." City is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, City shall provide and pay for all materials, labor, and other facilities and equipment as are necessary for the completion of the Project. The District shall provide the professional and technical support necessary to properly address all aspects of the Agreement. The District's project manager shall make a final acceptance inspection of the Project when completed. The parties may at any time agree in the form of a written amendment to make changes to the Project within the general scope of this Agreement. B. Progress Reports When requested, City shall submit progress reports to the District's project manager in a form approved by the project manager. The progress report shall provide an updated progress schedule with each payment request, taking into account all delays, changes in the nature of the Work, etc. In addition to hard copies, all written deliverables (reports, papers, analyses, etc.) shall be submitted in machine- readable form in formats consistent with the District's standard software products. The District's standard office automation products include the Microsoft® Office Suite (Word, Excel, Access, and PowerPoint). Other formats may be accepted if mutually agreed upon by the District's Project Manager and chief information officer. Timely submittal of progress reports shall be a condition precedent to payment of invoices. ARTICLE III - COMPENSATION AND COST -SHARE A. District Funding For satisfactory completion of the Project, the District agrees to reimburse City a sum in the amount not to exceed $80,000 (the "Total Compensation "). Work eligible for reimbursement must have started after execution of this Agreement. If, at the completion of the Project, City's actual expenditure is less than the amount stated in the Project Budget, the District's obligation shall be reduced proportionately. Reimbursement shall be made no later than 30 days after receipt of an invoice, as provided below. If City fails to satisfactorily implement the `J Project, City shall not be eligible for any reimbursement. Page 2 Contract #SJ442AA B. City Funding City shall obligate sufficient monies to fund the Project. City shall be responsible for any funding in excess of the anticipated total project cost of $802,350. C. Invoicing Procedure An invoice shall be submitted to the St. Johns River Water Management District, Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177. City shall submit one invoice, upon completion of the Project, based upon the actual portion of the Work performed and shall bill as per the Project Budget included in Exhibit "A" — Statement of Work, attached hereto and by reference made a part hereof. Each invoice shall be submitted in detail sufficient for a proper pre -audit and post -audit review and shall comply with the document requirements described in Comptroller Memorandum, dated October 7, 1997, attached hereto and made a part hereof as Exhibit `B" to this Agreement. All payment requests submitted by the City shall include the following information: 1. Contract number 2. City's name and address (include remit address if necessary) 3. Name of District's Project Manager 4. Name of City's Project Manager 5. Cost data (utilize the appropriate method for payment request per the contract) (a) Supporting documentation and copies of invoices if cost reimbursable (b) Project completion documentation 6. Progress Report (as per contract requirements) 7. Diversity Report (The report shall include company names for all W/MBEs and amounts spent with each at all levels. The report will also denote if there were no W/MBE expenditures.) The above information and reports shall be submitted by the City and approved by the District as a condition precedent to payment. Payment requests that do not correspond to the Project Budget or other requirements of this paragraph will be returned to the City without action within twenty (20) business days of receipt and shall state the basis for rejection of the invoice. Payments for construction (design- build) contracts shall be made within twenty -five (25) business days of receipt of an invoice that conforms to this Article. Payments for all other contracts shall be made within forty -five (45) days of receipt of an invoice that conforms to this Article. D. Forfeiture of Final Payment City shall submit the final invoice to the District not later than 90 days after the Completion Date. CITY'S FAILURE TO SUBMIT THE FINAL INVOICE TO THE DISTRICT WITHIN THE TIME FRAME ESTABLISHED HEREIN SHALL BE A FORFEITURE OF ANY REMAINING AMOUNT DUE UNDER THE AGREEMENT. E. Release Upon the satisfactory completion of the Work, the District will provide a written statement to City accepting all deliverables. Acceptance of the final payment shall be considered as a release in full of all claims against the District pursuant to this Agreement. ARTICLE IV - LIABILITY AND INSURANCE A. Each party to the Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof. In addition, each party is subject to the provisions of Section 768.28, Fla. Stat., as amended. Nothing in this Agreement shall be construed as a waiver of sovereign immunity by any party hereto. Page 3 Version 0 1100v , Contract #SJ442AA B. Each party shall also acquire and maintain throughout the term of this Agreement such general liability, automobile insurance, and workers' compensation insurance as required by their current rules and regulations. ARTICLE V - FUNDING CONTINGENCY A. This Agreement is at all times contingent upon availability of funding in future years, which may include a single source or multiple sources. Agreements extending for more than one fiscal year are subject to annual appropriation of funds, in the sole discretion and judgment of the parties for each succeeding year. Should the Project not be approved for funding in succeeding years, the party. not approving the Project shall so notify the other party, and this Agreement shall be deemed terminated for convenience five days after receipt of such notice, or within such additional time as the notifying party may allow. B. In the event the District is notified at any time that funds from an external funding source will not be available, or are no longer available, in whole or in part, the District shall so notify City and this Agreement, upon the election of the District, shall be deemed terminated for convenience five days after receipt of such notice or within such additional time as the District may allow. ARTICLE VI - PROJECT MANAGEMENT A. Proiect Managers The project managers shall be responsible for overall coordination, oversight, and management of the Work. The parties agree to the following persons being designated as project manager: DISTRICT CITY David Watt, Project Manager Ken Cooper, Project Manager St. Johns River Water Management District City of Edgewater 4049 Reid Street Post Office Box 100 Palatka, Florida 32177 Edgewater, Florida 32132 -0100 (386) 329 -4355 (386) 424 -2404 E -mail: dwatt @sjrwmd.com E -mail: khooper @cityofedgewater.org B. District Proiect Manager The District's Project Manager shall have sole and complete responsibility to transmit instructions, receive information, and communicate District policies and decisions regarding all matters pertinent to performance of the Project. The District's project manager shall have the authority to approve minor deviations in the Project that do not affect the Total Compensation or the Completion Date. The District's Project Manager and, as appropriate, other District employees, shall meet with City when necessary in the District's judgment to provide decisions regarding performance of the Work, as well as to review and comment on reports. C. Change in Proiect Manager Either party to this Agreement may change its project manager by providing not less than three working days prior written notice of the change to the other party. D. Supervision City shall provide efficient supervision of the Project, using its best skill and attention. E. Notices All notices to each party shall be in writing and shall be either hand - delivered or sent j via U.S. certified mail to the respective party's project manager at the names and addresses specified above. All notices shall be considered delivered upon receipt. Should either party Page 4 � ertic =n i11 ; titit; Contract #SJ442AA change its address, written notice of the new address shall be sent to the other parties within five business days. Except as otherwise provided herein, notices may be sent via e-mail or fax, which shall be deemed delivered on the date transmitted and received. ARTICLE VII - MISCELLANEOUS PROVISIONS A. Termination Either party may terminate this Agreement at any time by giving the other party 30 days written notice prior to the date of termination. Upon termination by the District, the District shall reimburse City for all allowable costs incurred prior to the date of termination. B. Interest of City. City certifies that no officer, agent, or employee of the District has any material interest, as defined in Chapter 112, Fla. Stat., either directly or indirectly, in the business of City to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. C. Independent Contractor City is an independent contractor. Neither City nor City's employees are employees of the District. City shall have-the to control and direct the means and methods by which the Work is accomplished. City may perform services for others, which solely utilize its facilities and do not violate any confidentiality requirements of this Agreement. City is solely responsible for compliance with all labor and tax laws pertaining to it, its officers, agents, and employees, and shall indemnify and hold the District harmless from any failure to comply with such laws. City's duties with respect to itself, its officers, agents, and employees, shall include, but not be limited to: (1) providing Workers' Compensation coverage for employees as required by law; (2) hiring of any employees, assistants, or subcontractors necessary for performance of the Work; (3) providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and disability insurance; (4) payment of all federal, state and local taxes income or employment taxes, and, if City is not a corporation, self - employment (Social Security) taxes; (5) compliance with the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq., including payment of overtime in accordance with the requirements of said Act; (6) providing employee training for all functions necessary for performance of the Work; (7) providing equipment and materials necessary to the performance of the Work; and (8) providing office or other facilities for the performance of the Work. In the event the District provides training, equipment, materials, or facilities to meet specific District needs or otherwise facilitate performance of the Work, this shall not affect any of City's duties hereunder or alter City's status as an independent contractor. D. Non Lobbying. Pursuant to Section 216.347, Fla. Stat., as amended, the City hereby agrees that monies received from the District pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other state agency. E. Civil Rights Pursuant to Chapter 760, Fla. Stat., City shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. F. Audit: Access to Records City agrees that the District or its duly authorized representatives shall, until the expiration of three years after expenditure of funds hereunder, have access to examine any of City's books, documents, papers, and other records involving transactions related to this Agreement. City shall preserve all such records for a period of not less than three years. Payment(s) made hereunder shall be reduced for amounts charged that are found on the basis of audit examination not to constitute allowable costs. City shall refund any such reduction of payments. All required records shall be maintained until an audit has been completed and all Page 5 vls,Iskm 01 1001 1 Contract #SJ442AA questions arising from it are resolved. City will provide proper facilities for access to and inspection of all required records. G. Release of Information Records of City that are made or received in the course of performance of the Work may be public records that are subject to the requirements of Chapter 119, Fla. Stat. In the event City receives a request for any such records, City shall notify the District's project manager within three workdays of receipt of such request and prior to the release of any information. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of Chapter 119, Fla. Stat., as amended. H. Royalties and Patents Unless expressly provided otherwise herein, City shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss on account thereof, provided, however, that the District shall be responsible for all such loss when the utilization of a particular process or the product of a particular manufacturer is specified by the District.; If City at any time has information that the process or article so specified is an infringement of a patent, it shall be responsible for such loss unless it promptly provides such information to the District. City hereby certifies to the District that the Work to be performed pursuant to this Agreement does not and. will not infringe on any patent rights. I. Diversity. The District is committed to the opportunity for diversity in the performance of all procurements, and encourages its prime vendors (contractors and suppliers) to make good faith efforts to ensure that women and minority -owned business enterprises (W/MBE) are given the opportunity for maximum participation, as the second- and lower -tier participants. The District will assist its vendors (contractors and suppliers) by sharing information on W/MBEs to encourage their participation. J. Governing Law This Agreement shall be construed and interpreted according to the laws of the state of Florida. K. Venue In the event of any legal proceedings arising from or related to this Agreement, venue for such proceedings, if in state court, shall be in Duval County, Florida, and if in federal court, shall be in the Middle District of Florida, Jacksonville Division. L. Attorney's Fees In the event of any legal or administrative proceedings arising from or related to this Agreement, including appeals, each party shall bear its own attorney's fees. M. Waiver of Right to Jury Trial In the event of any civil proceedings arising from or related to this Agreement, City hereby consents to trial by the court and waives its right to seek a jury trial in such proceedings, provided, however, that the parties may mutually agree to a jury trial. N. Construction of Agreement. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties, have contributed substantially and materially to the preparation hereof. O. Entire Agreement This Agreement, upon execution by City and the District, constitutes the entire agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. City agrees that no representations have been made by the District to induce City to enter into this Agreement other Page 6 "veasion 01 3( i Contract #SJ442AA than as expressly stated herein. This Agreement cannot be changed orally or by any means other than written amendments referencing this Agreement and signed by all parties. P. Separate Counterparts This Agreement may be executed in separate counterparts, which shall not affect its validity. IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its executive director, and City has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT By: Kir y B. Green III, xecutiv irector Date: Date: CITY OF EDGEWATER APPROVED THE OFFICE OF ENERAL CQUN! Typed Name and Title Attest: '* Tr V/S!*fl y J. Niego, Sr. Assistant General Counsel Typed Name and Title Attachment: Exhibit "A" — City's Program Application Exhibit `B" — Comptroller's Memorandum Page 7 ': ;,rsion 0 1100 Contract #SJ442AA Exhibit "A" City of Edgewater Eastern Shores Stormwater Improvement Project Application 1,0) APPNUM 06 SJRWMD office use ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 1 %01 STORMWATER MANAGEMENT PROJECTS COST - SHARING PROGRAM APPLICATION FORM Fiscal Year 2005 -2006 Submission deadline. Applications must be received by the St. Johns River Water Management District ( SJRWMD) or dated by the U.S. Postal Service or a commercial carrier no later than Friday, August 12, 2005 Submit three copies of this form and all supporting materials to Denis W. Frazel, c/o David Watt, St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177. For application assistance, contact Denis Frazel at (386) 329 -4616 or dfrazel@sjrwmd.com. Applications that are substantially incomplete or are not completed according to instructions will be disqualified. Excess materials will not be considered. Read and follow instructions. Selected evaluation criteria accompany questions pertaining to them in the application. Complete evaluation criteria are provided in the separate instruction document. Type or print clearly the requested information in the spaces provided. Title of project EASTERN SHORES STORMWATER IMPROVEMENT PROJECT A. APPLICANT INFORMATION A -1. Name of applicant City of Edgewater v (may be utility, local government, agency, company, individual, or other) A -2. Name, address, e-mail address, and phone /fax numbers of project manager or contact person. SJRWMD will send correspondence concerning this application ONLY to this person. Name Ken Hooper, City Manager E -mail address KhooperPcityofedgewater.org Mailing address P.O. Box 100, 104 N. Riverside Drive City and zip code Edgewater FL 32132 -0100 Phone 386 424 -2404 Fax (386) 424 -2409 A -3. Name, address, and phone /fax numbers of person with authority to enter into a contractual agreement, if other than project manager or contact person. If same as 2 above, check box. ❑ Name Ken Hooper, City Manager Email address Khooperna cityofedgewater.org Mailing address P.O_ Box 100 104 N. Riverside Drive City and zip code Edgewater FL 32132 -0100 A -1 SJRWMD Stormwater Management Projects Cost - Sharing Application Form 2005 -2006 Phone 386 424 -2404 Fax 386 424 -2409 Enter text on each line; do not allow text to wrap from line to line. Use the "tab" key (NOT the "return" key) between lines to maintain the correct formatting. A -4. Project location (address or description) The site is located within Section 1, Township 195, Range 34E in Volusia County, within the City limits of Edgewater. The drainage basin is bounded by 16th Street on the south, FEC Railroad on the west, Marion Ave. on the north and US 1 on the east The 46.72 -acre watershed has a mixture of residential, mobile home park and commercial industrial properties. None of the watershed has stormwater treatment systems. Latitude at the project site is 28 ° 21'33 ", longitude is 80 °36'16 ". A -5. Disclosure. Does any SJRWIvID employee, Governing Board member, contractor, or other affiliate of the applicant have a financial interest in this project, the property associated with this project, or with any party that may profit financially from this project? Yes ❑ No If yes, identify all such parties and describe their interests. A -6. Project History. Has the project been previously submitted for funding? Yes❑ No® Is the current application part of a phased multiyear project previously funded under this program? Yes[:] No® If yes, was the previous phase indicated to be a part of a multiyear project at the time of application? Yes[:] No® Is the proposed project part of a master stormwater plan or stormwater utility project? Yes® No❑ If yes, identify the relevant page(s) of the plan below. City of Edgewater Master Plan (EEC, Inc. 2005). pgs unknown as the plan will be completed in November and included in the Capital Improvements Plan chapter. J A -2 SJRWMD Stormwater Management Projects Cost - Sharing Application Form 2005 -2006 A -3 SJRVVMD Stormwater Management Projects Cost - Sharing Application Form 2005 -2006 B. PROJECT INFORMATION B -1. Purpose. Explain the purpose(s) of the project. (Do not refer to attachments.) The purpose of this project is to provide stormwater quality improvements for the Eastern Shores drainage basin, which discharges into the E1 Canal in Edgewater. The E1 Canal drains directly to the Mosquito Lagoon. The Eastern Shores basin consists of 46.72 acres of commercial residential industrial and mobile home nark land uses which has no stormwater treatment facilities including_ 250 foot of road runoff from Highway US 1.A combination of swales exfiltration trenches and nutrient separating baffle boxes will be constructed to provide water quality and flood relief improvements for the basin, resulting in water quality for the discharges to the El canal Estimated pollutant removal for TSS is 99% or a load reduction of 8562.8 kg/yr. For TP it is 88% or a load reduction of 48.2 kg/yr and for TN it is 53% or a load reduction of 163.8 kgbT (based on Harvey HgMer's Simple Model polluant load calcultations). Monitoring and education will be performed B -2. Brief description of treatment/attenuation technology. (Do not refer to attachments.) The goals of this project include: (1) Assist in restoration of Mosquito Lagoon in the Indian River Lagoon system through treatment of basin inflow sources via BMPs in a treatment train. (2) Reduce nutrients and coliform loadings to o help meet 303(d) parameters and future TMDLs This project will construct treatment trains linking swales with Nutrient Separating baffle boxes with exfiltration pipe prior to discharge to the Mosquito Lagoon a FDEP Class H priority SWIM waterbody and "Estuary of National Sigificance." The project will decrease TSS TN and TP significantly will implementing an education campaign entitled "Scoop the Poop" campaign that will directly address EPA's 1998 303(4) parameters. Please see B -6 for greater description EVALUATION FACTORS related to questions B -1 and B -2: Will the project implement proven technology, or is it a new or innovative procedure? 1 -5 points. Project scoring is based on rater's assessment of the project being proposed and its relation to SIRWMD's mission. Projects utilizing proven technology receive more points, speculative technology, B -3. Cost - sharing request. (SJRWMD's share cannot exceed 50% of total project cost.) a. Total project cost ........................................................ ............................... $ $802,350.00 i A-4 SJRWMD Stormwater Management Projects Cost - Sharing Application Form 2005 -2006 b. Amount of cost -share requested ................................. ............................... $ 80,000.00 ALUATION FACTOR related to question B -3: What is the extent of project cost - matching? 0-10 points. District share <10% =10, 11 -25% = 5, 25- 50% =1, >50% = 0. (Documented rural areas =10). A -5 SJRWMD Stormwater Management Projects Cost - Sharing Application Form 2005 -2006 B4. Projected schedule Projected starting date: month 12 year 2005 completion date: month 1 year 2007 (Funds received through this program may be used only for projects constructed after a cost - sharing contract has been executed and may not be used to reimburse the cost of existing structures or structures already under construction. Cost - sharing contracts probably will be executed by November 12, 2005 Projects must be completed within 18 -24 months of Governing Board approval.) EVALUATION FACTOR related to question B -4: Is the project planned and ready to begin? 0, 5, or 10 points. Project plan to initiate within 6 months = -10; project plan to initiate within 7 -12 months = S; project plan to initiate later than 12 months = 0. B -5. Is the project being undertaken to meet a total maximum daily load (TMDL) allocation, a pollutant load reduction goal (PLRG), or other water quality target set by a local, state, or federal agency? Yes® Non If yes, identify the agency and the water quality target. It is anticipated that by 2006, TMDLS and PLRGs will be established for the Indian River Lagoon system (including the Mosquito Lagoon) and utilized by the City for planning reference. Though TMDL's have not yet been established, this project directly addresses the listed 1998 EPA 303(d) parameters (coliform and nutrients) for the Mosquito Lagoon Unfortunately, these 303(d) parameters are not updated and do not take into account the fact that the City has converted 85% of all residential and commercial septic tanks over to sewer lines eliminating the use of septic tanks (a major cause of coliform ) in the City. This project supports the primaryproject objective in the City's Stormwater Management Plan (PEC, 2005), which identifies several possible alternatives for external nutrient and coliform removal strategies: 1) Septic Tank Conversion; 2) Wet Detention; and 3) Treatment train devices utilizing exfiltration trenches, vortex collection devices or nutrient separating baffle box and swales. This project is listed in the Indian River Lagoon SWIM Plan Update (2002), which discussed the need to reduce TSS and nutrients in Chapter 5, page 133 The project is described in the IRL Comprehensive Conservation and Management Plan (November 1996) under the Water and Sediment Quality Improvements section Recommendations for large drainage systems, such as the E -1 Canal, are found in Action FSD -12, Freshwater and Stormwater Discharges Action Plan. The project, will be listed in the City's CIP and Stormwater Utility Budget as a line item, is also referenced to gain A -6 SJRWMD Stormwater Management Projects Cost - Sharing Application Form 2005 -2006 �1 A -7 funding from USEPA /FDEP 319(N Program ($474,360). EVALUATION FACTOR related to question B -5: Is the project being undertaken to meet a PLRG, a TMDL, or other water quality target by a local, state, or federal agency? 0, 10, or 20 points. Implements an established PLRG or TMDL = 20; achieves water quality targets consistent with SWIMPlan or other plan recommendations = 10; does not meet specific targets = 0. �1 A -7 SJRWMD Stormwater Management Projects Cost - Sharing Application Form 2005 -2006 B -6. Provide a detailed project description. Identify the type and amount of pollutant load reduction that will be achieved by the project (e.g., tons /year). What is the cost per unit of pollutant removed? Include approximate dimensions and capacities, if applicable. (Show how estimates are derived.) Currently stormwater runs off from this 46.72 -acre built out basin enters the E 1 canal and flows a few hundred feet into the Mosquito Lagoon with no treatment. The basin consists of commercial properties along US 1 and the FEC Railroad, a highly pervious mobile home park single family homes, industrial land, and a borrow pit. The water from the mobile home park sheet flows west and southward to the E1 canal. The pollution reduction strategy utilizes several components to form a treatment train. The first component is to capture all runoff from the commercial property and the mobile home park in 2900 feet of swales and channel it through Nutrient Separating baffle boxes to provide initial treatment and remove gross solids from the runoff. From the baffle boxes the water will flow into an exfiltration trench, which encircles the mobile home park on 3 sides. There will be 2900 feet of exfiltration trench to provide 0.11 inches of runoff storage before overflowing to an outfall pipe on Dayton Street. This outfall ipe will be upgraded to a 36" pipe to accommodate to provide for flood protection in the area. Another Nutrient Separating baffle box will be installed on Dayton Street to treat water flowing from residential and industrial properties south and east of the mobile home park. The outfall pipe on Dayton Street also receives groundwater from a borrow pit that does not belong to the City. At the outfall into the El canal another Nutrient Separating baffle box will be installed to provide sediment and nutrient treatment for the borrow pit and additional residential properties. The Nutrient Separating baffle box provides high levels of sediment and gross solid treatment in underground vaults. It also treats nutrients by trapping floating organic debris Finally it, serves as an excellent pretreatment for the exfiltration trenches, removing debris that would clog up the trenches, thereby increasing the life of the exfiltration trenches. Because exfiltration trenches trap flows and percolate all water and associated pollutants into the ground for the numerous small storms in Florida, thev are also effective BMPs. All water from the sheetflows and coliforms from then Eastern Shores drainage basin will be treated. The combination of these BMPs will provide a high level of removal of TSS phosphorus nitrogen and coliforms from the Eastern Shores drainage basin. In addition, the City of Edgewater is proposing a campaign to engage the public in protecting water quality while helping to meet stormwater pollution load reductions by implementing the "Scoop the Poop" public outreach campaign. v SJRWMD Stormwater Management Projects Cost - Sharing Application Form 2005 -2006 EVALUATION FACTORS related to question B -6: 'Detail project methodologies. Identify the type and amount of pollutants that will be removed by the project (e.g., tons /year). Will the project be cost - effective? 0-20 points. Scoring is based on rater's assessment of the effectiveness of the project at achieving the stated pollutant load reductions. B -7. Land acquisition information. List all properties required to construct the proposed project and provide the status of efforts to acquire each property. Acquisition Status Property Address/Location Owner Completed Not Started City's 100 -foot ROW in place City of Edgewater ® ❑ City's 50 -foot ROW in place Citv of Edgewater ® ❑ ❑ ❑ ❑ ❑ EVALUATION FACTOR related to question B -7: Is land acquisition required? What is the status of the acquisition process? 0 or 10 points. Property a cquisition completed or not required =10, acquisition not started or condemnation required = 0. B -8. Permit information. List all types of permits required to construct the proposed project and provide the status of efforts to obtain each permit. Type of Permit Issuing Agency Have Permit Applied Not Applied Stormwater ERP permit SJRWMD ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ EVALUATION FACTOR related to question B -8: What permits are required, if any? What is the status of permit applications? 0, 3, or 5 points. All permits issue, or not required = S; preliminary permit application pending = 3; permit process not initiated = 0. B -9. Is the project a cooperative effort with one or more other organizations or agencies? Are other cooperative funds being contributed? Yes® No[:] If yes, list other participants, what funds are being contributed to the project, and whether they are encumbered, are budgeted, or have been awarded. (1) A USEPA/FDEP 319(h) application has been submitted and a preliminary screening with Eric Livingston and John Abendroth revealed that the project would likely be funded (pers comm. OR SJRWMD Stormwater Management Projects Cost - Sharing Application Form 2005 -2006 July 2005). The 319(h) grant was submitted for $474,360. (2 ) The City has also been encouraged to apply for a small grant for the County's contributions to the Snook license plate program administered through the Indian River Lagoon Program at SJRWMD. The City has never gained a grant from this program and after a review of this grant submittal suggested the City apply to the IRL Program for $50,000 in funding to this project since it addresses the goals of that grant program EVALUATION FACTOR related to question B -9: Is the project a cooperative effort with one or more other organizations or agencies? Are other cooperative funds being contributed? What funds are being contributed to the project, and are they encumbered, are they budgeted, or have they been awarded? 0 or 5 points. Funds encumbered/listed in a budget or grant awarded = 5 points, funds asked for /grant requested = 0. B -10. Does the project provide other water resource benefits in addition to water quality, such as improving or protecting groundwater, increasing recharge, conserving water, or providing flood protection? Yes® No[:] If yes, then describe benefits. Groundwater /Saltwater Intrusion Protection - constructed in the sandy well - draining soils along sand ridge just east of FEC Railroad and soils along the US I corridor. This area is significantly high above the groundwater table and so infiltration rates for runoff are high. This project will help recharge the shallow aquifer with freshwater thereby protecting_ this zone against saltwater intrusion and recharing the aquifer through the use of exfiltration and swales. Flood Protection - this project's reduction of runoff volume reduces the peak discharge rate and volume that compromise the capacity of this highly impervious area's system, elevating canal levels that outfall to Mosquito Lagoon. EVALUATION FACTOR related to question B -10: Does the project provide other water resource benefits in addition to water quality, such as improving or protecting groundwater, increasing recharge, conserving water, or providing flood protection? 0-5 points. Scoring is based on rater's assessment of the extent and significance of additional benefits. C. OTHER EVALUATION FACTORS C -1. Rater's evaluation. 0-10 points. Rater's overall assessment and other relevant factors not specifically addressed elsewhere. A -10 SJRWMD Stormwater Management Projects Cost - Sharing Application Form 2005 -2006 D. SUPPORTING MATERIALS Attach the following items to this application form and check the appropriate boxes. (Additional information may be requested if needed.) D -1. Project budget summary. Provide a one -page project budget summary listing project F1 expenses by major categories. Clearly document deliverable products. D -2. General specifications and plans. Submit a one -page generalized sketch with enough detail that the evaluating committee will understand what is to be constructed. If possible, include sizes and capacities of the project and major components. Fit all drawings on 8 %2" by 11" paper. Detailed engineering plans may be requested later if needed for further project evaluation. Do not send color graphics unless they will reproduce satisfactorily in black and white. D -3. Location map. Clearly indicate the location and extent of the project and whether it crosses water management district jurisdictions. Use an 8 %Z" by 11" format. Show highway intersections or other recognizable landmarks for orientation. The map maybe a photocopy of part of a county road map or a U.S. Geological Survey topographic map. Do not send color graphics unless they will reproduce satisfactorily in black and white. D -4. Budget documentation. Provide a copy of the relevant page from your draft fiscal year 2005 -2006 budget submittal to the state that identifies the proposed project and the share of your cost of the project. signature of person with authority to enter into a contractual agreement. I certify that all information on this form and the attached documents is true and correct. Name Title City Manager Date 08/01/05 C A -12 SJRWMD Stormwater Management Projects Cost - Sharing Program FY 2005 -06 Eastern Shores Stormwater Improvement Project (City of Edgewater) Project Budget Summary Project Funding Activity Task SJRWMD Amount Matching Contribution Match Source Surveying $20,000.00 EWSU En ineerin ermits _ $77,000.00 EWSU Prepare/Award Construct Bid $3,000.00 EWSU in -kind BMP Construction $80,000.00 $352,610.00 $97,990.00 $50,000.00 319(h) FDEP EWSU in -kind IRL Program Water Quality - Monitorin g $50,000.00 319(h) FDEP Education - $61,750.00 319(h ) FDEP Post -award Grant Administration $10,000.00 319(h) FDEP TOTAL $80,000.00 $722,350.00 Total Pro'ect Cost $.00 Percents a Match 0.11 0.89 J • ix�� AL -4i JI 10 Mal 7N - fa ♦ 1 KA I- �W, jL Z. i4 SJRWMD Stormwater Management Projects Cost - Sharing Program FY 2005 -06 SUPPORTING MATERIALS D -3 Location map Eastern Shores Stormwater Improvement Project (City of Edgewater) '``... SJRWMD Stormwater Management Projects Cost - Sharing Program FY 2005 -06 SUPPORTING MATERIALS D -4 Budget documentation (City of Edgewater, Summary of Expenditures FY 2006) (Budget Spreadsheet Documentation) Eastern Shores Stormwater Improvement Project (City of Edgewater) • 4 H w c� a a 0 ° o lololoo 0 w Ln o I o I o I o o o a rn I In I in I In w N w r I 1 I I o o l o l o l o 0 olaloloo rnD o 000 o�oioioo o 000 o b N F - 000 o £rrn o a I ° ri N h W D H I a I I I a r ° olololoo wx a 0 cn o � w of O w o w Na O N F ax ' Fez N U u) 0 O [y I I I to I E- o H I 1 o U Na I I I � I i I 1 ; 1 1 I as m a w W Cq H m a F rn H En o H w E O y w U W N z zv v F> w m F HX H x a 02 ` ° w zr-raw ' w >arn a o A a ° �a Korn a `t aco .Fain W Q x a mo E- IHHm a E ° a x o� awaw w a .. a w o 0 O U rn aaO j y vF i w - w a a Z ~ cn an. W o # as m i + J 0 Contract #SJ442AA EXHIBIT `B" — COMPTROLLER'S MEMORANDUM Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. Page 8 v eSS Sion W! M, AGENDA REQUEST Date: February 13, 2006 PUBLIC HEARING CONSENT RESOLUTION ORDINANCE OTHER BUSINESS X CORRESPONDENCE ITEM DESCRIPTION: Request to award Bank Loan (RFP #06- FIN -01) to Bank of America to Fund General Obligation Bonds, Series 2006 to finance a new Animal Adoption/Rescue Facility at a 20 year fixed rate of 3.845 %. BACKGROUND: In November of 2004, the Voters of the City of Edgewater approved Proposition 4: Limited Ad Valorem Revenue Bond to Finance a Capital Improvement Project New Animal Adoption/Rescue Facility. In light of the aforementioned actions, the Finance Department was instructed to prepare a Request for Proposal for Bank Loan to fund the General Obligation Bonds Series 2006 to finance a new Animal Adoption/Rescue Facility. Four Financial Institutions responded to the RFP. (Opened 2 -10 -2006) Selection and ranking of the successful bidder is as follows: Bank of America 20 year fixed rate at 3.845 %, Hancock Bank 20 year fixed rate at 4.2200 %, Wachovia Bank 20 year fixed rate at 4.35% and All Points Capital 20 year fixed rate at 4.73 %. (See Attached) STAFF RECOMMENDATION: Staff recommends awarding Bank Loan (RFP #06- FIN-01) to Bank America to Fund General Obligation Bonds Series 2006 to finance a new Animal Adoption/Rescue Facility. ACTION REQUESTED: A motion to award RFP #06 -FIN-01 to Bank of America and authorize the Mayor to execute the loan and associated documents upon issuance of the Opinion of Counsel. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: Respectfully submitted, on C. Williams Finance Director YES NO AGENDA ITEM NO. Concurrence: Robin Matusick Paraleaal.. City Manager Sankof America -0 ft February 9, 2006 Jon Williams Finance Director City of Edgewater 104 N. Riverside Drive Edgewater, Florida 32132 Mark P. Gavin Financial Advisor First Southwest Company 20 N Orange Ave, Ste. 1209 Orlando, Florida 32801 Re: Bank Loan to Fund the General Obligation Bonds, Serioes 2006 RFP #06- FIN -01 Dear Mr. Williams and Mr. Gavin: Bank of America, N.A. (the 'Bank ") is pleased to provide this Commitment for a $500,000 Limited General Obligatoin Series 2006 Note (the "2006 Note ") to the City of Edgewater (the "City" or the 'Borrower "). The 2006 Note shall be drawn in full at closing. The Note will provide financing for a new Animal Adoption / Rescue Facility. The City shall pledge up to 0.06 mills of advalorem tax receipts toward the repayment of the Note. Bank of America appreciates the opportunity to provide the City of Edgewater with the above referenced credit facility. We trust that you will find our aggressive commitment as further indication of our interest to work with the City on future credit facilities and other bank related opportunities. Our commitment offers the City a very attractive Bank Loan facility with the following features: ➢ Low Bank Qualified Tax - exempt Fixed Rate of 3.845% ➢ Flexible Repayment Options ➢ No Prepayment Penalty ➢ Experienced municipal lenders who understand tax - exempt bank financing Commitment Letter to City of Edgewater February 9, 2006 Palre 2 of 6 The proposed credit facility shall be subject to the following terms and conditions: BORROWER BANK CONTACTS LOAN AMOUNT USE OF PROCEEDS The City of Edgewater Todd Morley, CFA Senior Vice President / Sr Phone: 407 - 420 -2772 Fax: 407 - 420 -2819 Jerry Stanforth Senior Vice President / Sr Phone: 407 - 420 -2813 Fax: 407 - 420 -2819 Credit Products Officer Client Manager Up to a $500,000.00 ( "Term Loan") To finance a new Animal Adoption/Rescue Facility LOAN TYPE /TERMS Fixed Rate Term Loan: A fully amortizing term loan with a final maturity of July 1, 2026. Principal would be paid annually on July 1" based on the amortization schedule presented below: Maturity (July 1) Principal 2006 S30,000 2007 '1 5,000 2008 - 15.060 200 '1 5,000 201 i; '15.000 201 15.000 201'2 M000 201:3 20,000 2014 20.000 20 1 20 Or i 2� i 1 C 20 OriCi 2017 25.000 2013 2 51. 00:1 2011.- 25.000 2021D 25.000 202 ! 30.000 2022 30.000 2023 30.000 2024 35.01';Ci 202H 35.000 Interest would be paid semi - annually each July 1, and January 1, beginning July 1, 2006. The Term Loan shall be structured as a bank qualified, tax - exempt facility. INTEREST RATE (1) Fixed Rate *: BANK LOAN COMMITMENT LETTER TO THE CITY OF EDGEWATER Commitment Letter to City of Edgewater February 9, 2006 Paize 3 of 6 The Bank hereby quotes a bank qualified tax - exempt fixed rate of interest to be set within 48 hours of closing based on the following formula: 67% of { 10 -Year US Treasury} +.81 % If the Loan rate was set today the rate of interest would be 3.845 %. (2) Fixed Rate *: The Bank hereby quotes a bank qualified tax - exempt fixed rate of interest of 4.045 %, this rate will be held until the anticipated closing date of March 1, 2006 as long as the Bank is notified by 3:OOPM on February 13 that the City wants to lock in the interest rate. *If tax - exempt status of the Borrower or loan is revoked, the loan will become immediately due and payable unless the Bank exercises its option to hold the commitment at the taxable rate. The interest rate shall be adjusted for any negative tax consequences in the manner set forth in the Bank's "standard gross" up provision. SECURITY: First lien on ad valorem taxes generated from the City's .06 mill levy on all taxable assessed property within the City AUTO DEBIT: All loan and interest rate hedging payments will be made via automatic deduction from a checking account. REPRESENTATIONS AND WARRANTIES Customary, including confirmation of tax status and authority; execution, delivery and performance of loan documents do not violate law or existing agreements; no litigation except as disclosed to Bank; ownership of property; payment of taxes; no material adverse change in financial condition or operations since September 30, 2005 principal place of business; compliance with environmental laws and continuation of representations and warranties. REPORTING 1. Annually, within two hundred seventy (270) days following the end of the Borrower's fiscal year, financial statements including a balance sheet and income statement prepared on a an audited basis by an independent certified public accountant, including statements of financial condition, cash flows and changes in equity. 2. Annually, by November 15th of each year, a copy of the Annual budget for the upcoming year for the Borrower. AFFIRMATIVE COVENANTS Customary, including delivery of financial statements, reports and other information requested by Bank; maintenance of insurance; continuation of business and maintenance of existence; compliance with laws; payment of taxes; maintenance of property and notice of environmental claims. DOCUMENTS BANK LOAN COMMITMENT LETTER TO THE CITY OF EDGEWATER Commitment Letter to City of Edgewater February 9, 2006 Page 4 of 6 The obligation of the Borrower hereunder shall be evidenced by a Promissory Note, Security Agreement, Loan Agreement and such other documents and assurances as the Bank may request from Borrower and its officers in order to make the Loan in a form satisfactory to the Bank and its counsel. EXPENSES Borrower's counsel shall provide a customary borrower counsel opinion that addresses, among other things, Borrower's status as to legal entity, pending litigation, consents and approval, authority to execute documents and enforceability of documents. Bank attorney fees for the review of the documents shall be capped at $2,250. THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS WILL APPLY TO THE LOAN: 1. All documentation relating to the Loan shall be prepared by a reputable bond counsel and reviewed by the Bank's counsel and shall contain such representations, warranties, covenants, conditions, events of default, rights, remedies and other terms in addition to those specifically set forth herein as the Bank deems necessary or appropriate and shall otherwise be satisfactory in all respects to the Bank and its counsel. 2. The Loan will be: (a) under authority of the Borrower specified in the applicable Florida Statutes and within the limitations specified in such statutes; and (b) for the purposes specified herein and in any request for proposals relating to the Loan. 3. The Loan and all obligations under the applicable loan documents will be secured by and payable from a covenant of the Borrower to budget and appropriate from non ad valorem revenues received by the Borrower each year. 4. Loan documents will contain standard "gross -up" language acceptable to the Bank regarding the impact of tax law or other changes on the interest rate applicable to the Loan. The loan documents will contain covenants requiring the Borrower to comply with all laws necessary to preserve the tax - exempt status of the Loan. 5. The Borrower shall provide an opinion of counsel acceptable to the Bank regarding the due organization and authority of the Borrower, the enforceability of the loan documents, the exemption from federal taxation of the interest paid thereunder, and such other matters as the Bank shall reasonably require, all in form and substance acceptable to the Bank. 6. The Bank may, at its option, terminate its obligations hereunder by written notice to the Borrower at the address set forth above upon the occurrence of any of the following events: (a) The commencement by or against the Borrower of any bankruptcy, insolvency or similar proceedings. (b) If any statement or representation made by the Borrower in this letter or in support of the Loan shall prove untrue in any material respect. (c) Default by the Borrower in the performance of any other material covenant, condition or agreement set forth in this letter. BANK LOAN COMMITMENT LETTER TO THE CITY OF EDGEWATER Commitment Letter to City of Edgewater February 9, 2006 Paae 5 of 6 Any termination shall not affect the Bank's rights to enforce the provisions of this letter regarding costs, expenses and arbitration. All such rights shall survive any such termination. 7. This letter is issued solely for the benefit of the Borrower. No other person or party shall be a beneficiary hereof or have any rights hereunder, and no rights are conferred by this letter upon any other person or party. The Bank shall not be deemed to be a partner or joint venturer with the Borrower. This letter and the loan documents to be delivered pursuant hereto shall be governed by the laws of Florida without reference to the choice of law rules or conflict of law rules of that state. If any portion of this letter or the loan documents is declared void by any court as illegal or against public policy, the remainder of the letter or loan documents in question shall continue in full effect. This letter may not be modified or amended in any manner except by a written instrument executed by the Bank and the Borrower. Time is of the essence of this letter. 8. If the terms and conditions of this letter meet with your approval, please so indicate by executing this letter in the space provided below. The Bank may, at its option, terminate its obligations under this letter notice of acceptance hereof is not received on or before April 15, 2006, or if the Loan is not closed on or before March 31, 2006 unless otherwise extended by the Bank in writing. Bank of America - Local Government Experience. Bank of America's Government Banking Group has extensive experience in providing tax - exempt financing to local governments and has built a strong reputation with municipalities and their consultants of completing transactions of the proposed nature without complications. Bank of America is the leading provider of credit enhancement to municipalities in the Southeast United States. Recent transactions awarded to our Government Banking Group include a $13,200,000 facility for New Port Richey, a $12,500,000 facility for Flagler County, and a $1,900,000 facility for Putnam County. After you have had a chance to review the attached proposal, please contact Todd Morley at (407) 420 -2772 with any questions. Bank of America greatly appreciates the opportunity to provide this financing commitment to the City of Edgewater, and eagerly awaits your response. Sincerely, BANK OF AMERICA, N.A. A� 4 . Todd Morley, CFA Senior Vice President Credit Products Officer Government Banking Group cc: Jerry Stanforth, Client Manager BANK LOAN COMMITMENT LETTER TO THE CITY OF EDGEWATER Commitment Letter to City of Edgewater February 9, 2006 Page 6 of 6 AGREED TO AND ACCEPTED this day of , 2006. City of Edgewater, FLORIDA BANK LOAN COMMITMENT LETTER TO THE CITY OF EDGEWATER W�o Hancock Bank PUBLIC FINANCE DEPARTMENT February 10, 2006 Honorable Mayor and City Council City of Edgewater, Florida Re: $500,000 Bank Loan (the "Note ") of the City of Edgewater, Florida Please accept this letter as a commitment of the undersigned to purchase the above - captioned Note under the terms and conditions outlined below: Reference is made to the City of Edgewater's Request for Proposal (RFP #06- FIN -01) as amended, dated January 22, 2006, which terms and conditions are hereby incorporated into this financing proposal. Issuer: City of Edgewater, Florida. 2. Amount: $500,000 in aggregate principal amount in the form of a "bank loan" or Note (the "Note ") of the Issuer. 3. Purpose of Issue: Proceeds of the Note will be used to finance a new Animal Adoption /Rescue Facility (the "Project "). 4. Special Conditions or Exceptions to the City's RFP #06- FIN -01 as amended None. The terms of our offering are in agreement with the City's RFP as amended. 5. Authority for Issue: Provisions of the Florida Constitution, Chapter 166, Part II of the Florida Statutes, as amended, and any other valid constitutional and statutory authority. The authority used for the issuance of the Note would need to be acceptable to the Issuer, Bond Counsel, and the Bank's Counsel. 6. Dated Date of Bonds - Date of Delivery or such other date as determined by Bond Counsel. 7. Settlement/Closing Date March 1, 2006 as outlined in the City's RFP. 8. Form of Note: The Note will be issued as a single typewritten or printed certificate, in fully registered form. 1706 W. Tennessee Strget /Tallahassee. FL 32304 850 -425 -3310 / Fax 850-6811074 / Toll Free (888) 516 -7373 City of Edgewater - $500,000 Bank Loan, Series 2006 Page 2 9. Interest Rates & Maturities: The Note will be fully amortized over a twenty (20) year period of time as outlined in the City's RFP with the first principal payment be made on July 1, 2006. Interest will be paid semi - annually on July 1 and January 1 of each year, commencing July 1, 2006. $600,000 principal amount * Payment Term Annual Annual Debt — Fully Amortized * Interest Rate # Service (P & 1) 20 -year term 4.2200% attached amortization * Principal reductions as outlined in the City's RFP as amended, dated January 22, 2006 # This rate of interest will be held firm for forty -five (45) days from the date of this proposal as requested by the City. 10. Required Funds /Accounts and Revenue Restrictions: No accounts or funds (e.g. reserve fund, etc.) would be required to facilitate this loan. The Bank requires no additional restrictions or covenants pertaining to the ad valorem millage that will be pledged toward the repayment of the Note. 11. Prepayment Provisions: The principal may be prepaid in whole or part on any principal or interest payment date without prepayment penalty. 12. Credit Approval Already approved by the Bank. 13. Security: As outlined in the City's RFP #06- FIN -01 as amended, which terms are hereby incorporated into this financing proposal. 14. Documentation: All documentation will need to be acceptable to the Bank and the Bank's Counsel. All documentation would be drafted by Foley & Lardner (Bond Counsel), which would include but not be limited to, a legal and tax opinion acceptable to the Bank and the Bank's Counsel. All fees related to Bond Counsel will be paid for by the Issuer. 2 City of Edgewater - $500,000 Bank Loan, Series 2006 Page 3 15. Closing Costs You have asked us to quote "closing costs ". The Bank would assess no closing costs for its own benefit. However, we would require that the cost for the Bank's Legal Counsel be paid by the Issuer. The cost for the Bank's Legal Counsel will not exceed $1,000.00. 16. Bank Eligibility: For the Issuer to obtain the offered interest rate, the Note would need to be designated as a "qualified tax - exempt obligation" under Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. 17. Delivery: (Anticipated March 1, 2006) As soon as possible after all approvals, but in any event the Note would be funded no later than 60 days from the date of this proposal. Yours very truly, HANCOCK BANK By: Steven E. Cole Senior Vice President Public Finance Department (Tallahassee Office) Enclosures V 02 -08 -2006 11:42 AM DEL DATE: 3/ 1/2006 MATURITY AMOUNT 7/ 1/ 6 30 7/ 1/ 7 15 7/ 1/ 8 15 7/ 1/ 9 15 7/ 1 /10 15 7/ 1/11 15 7/ 1/12 20 7/ 1/13 20 7/ 1/14 20 7/ 1/15 20 7/ 1/16 20 7/ 1/17 25 7/ 1/18 25 7/ 1/19 25 7/ 1/20 25 7/ 1/21 30 7/ 1/22 30 7/ 1/23 30 7/ 1/24- 35 7/ 1/25 35 City of Edgewater Florida Bank Loan 2006 INT FROM: 3/ 1/2006 FIRST COUP: 7/ 1/2006 4.220 4.220 100.000 500 1ST CALL DT CALL BOND YRS COUPON YIELD PRICE PTC? OR PTC DATE PRICE 10,000 4.220 4.220 100.000 20,000 4.220 4.220 100.000 35,000 4.220 4.220 100.000 50,000 4.220 4.220 100.000 65,000 4.220 4.220 100.000 80,000 4.220 4.220 100.000 126,667 4.220 4.220 100.000 146,667 4.220 4.220 100.000 166,667 4.220 4.220 100.000 186,667 4.220 4.220 100.000 206,667 4.220 4.220 100.000 283,333 4.220 4.220 100.000 308,333 4.220 4.220 100.000 333,333 4.220 4.220 100.000 358,333 4.220 4.220 100.000 460,000 4.220 4.220 100.000 490,000 4.220 4.220 100.000 520,000 4.220 4.220 100.000 641,667 4.220 4.220 100.000 676,667 4.220 4.220 100.000 7/ 1/26 35 - - - - - -- ------- 711,667 - 4.220 4.220 100.000 500 - - - -- 5,876,667 - - - - -- 4.220 - - - - - -- 4.220 TOTAL PER $1000 PAR AMOUNT = $ 500,000.00 GROSS PROD = $ 500,000.00 1,000.0000 BID = $ 500,000.00 1,00.0.0000 SPREAD = $ 0.00 0.0000 ACCRUED INT= $ 0.00 0.0000 ACC INT /DAY= $ 0.00 0.0000 VALUE .05. = $ 2,151.85 4.3037 AVG LIFE = 11 YEARS PER $100 100.00000 100.00000 0.00000 0.00000 0.00000 0.43037 9 MONTHS 1 DAYS OR 11.7533 YEARS * NIC * CALCULATION --------------- - - -- TOTAL BOND YEARS: 5,876.67 GROSS INTEREST COST: $ 247,995.33 LESS PREMIUM: $ 0.00 OR PLUS DISCOUNT: $ 0.00 *NIC.* NET INTEREST COST: $ 247,995.33 4.220000. $1 OF SPREAD = 0.0085 TO NIC .01 OF NIC = 1.1753 TO SPREAD (PER 1000) SCHEDULE OF DEBT SERVICE *TIC.* 4.220556% 02 -08 -2006 City of Edgewater Florida 11 :42 AM Bank Loan 2006 PAR AMOUNT: 500,000 DATED DATE: 3/ 1/2006 FIRST COUPON: 7/ 1/2006 PRINCIPAL SEMI- ANNUAL YEARLY -- BREAKDOWN- - DATE BALANCE PAYMENT TOTAL INTEREST PRINCIPAL 7/06 500,000 37,033.33 37,033.33 7,033.33 30,000 1/07 470,000 9,917.00 9,917.00 7/07 470,000 24,917.00 34,834.00 9,917.00 15,000 1/08 455,000 9,600.50 9,600.50 7/08 455,000 24,600.50 34,201.00 9,600.50 15,000 1/09 440,000 9,284.00 9,284.00 7/09 440,000 24,284.00 33,568.00 9,284.00 15,000 1 /10 425,000 8,967.50 8,967.50 7/10 425,000 23,967.50 32,935.00 8,967.50 15,000 1 /11 410,000 8,651.00 8,651.00 7/11 410,000 23,651.00 32,302.00 8,651.00 15,000 1/12 395,000 8,334.50 8,334.50 7/12 395,000 28,334.50 36,669.00 8,334.50 20,000 1/13 375,000 7,912.50 7,912.50 7/13 375,000 27,912.50 35,825.00 7,912.50 20,000 1/14 355,000 7,490.50 7,490.50 7/14 355,000 27,490.50 34,981.00 7,490.50 20,000 1/15 335,000 7,068.50 7,068.50 7/15 335,000 27,068.50 34,137.00 7,068.50 20,000 1/16 315,000 6,646.50 6,646.50 7/16 315,000 26,646.50 33,293.00 6,646.50 20,000 1/17 295,000 6,224.50 6,224.50 7/17 295,000 31,224.50 37,449.00 6,224.50 25,000 1/18 270,000 5,697.00 5,697.00 7/18 270,000 30,697.00 36,394.00 5,697.00 25,000 1/19 245,000 5,169.50 5,169.50 7/19 245,000 30,169.50 35,339.00 5,169.50 25,000 1/20 220,000 4,642.00 4,642.00 7/20 1/21 220,000 195,000 29,642.00 34,284.00 4,642.00 25,000 4,114.50 4,114.50 7/21 195,000 34,114.50 38,229.00 4,114.50 30,000 1/22 165,000 3,481.50 3,481.50 7/22 1/23 165,000 135,000 33,481.50 36,963.00 3,481.50 30,000 7/23 135,000 2,848.50 2,848.50 1/24 105,000 32,848.50 35,697.00 2,848.50 30,000 2,215.50 2,215.50 7/24 1/25 105,000 70,000 37,215.50 39,431.00 2,215.50 35,000 7/25 70,000 1,477.00 1,477.00 1/26 35,000 36,477.00 37,954.00 1,477.00 35,000 7/26 35,000 738.50 738.50 35,738.50 -------- - - - - -- 36,477.00 738.50 35,000 TOTALS 747,995.33 -------------- ----- 247,995.33 - - - - -- 500,000 6 10 Hancock Bank PUBLIC FINANCE DEPARTMENT PRIOR EXPERIENCE IN LENDING TO LOCAL GOVERNMENTS Hancock Bank is a long established company with banking activities dating back to 1899. During our 106+ year history, we have made hundreds of millions of dollars of "loans" (bonds, notes, leases, COPs, certificates of indebtedness, lease purchases, etc.) to state and local governments in the communities in which we have served. Hancock Bank expanded into the State of Florida in March 2004. While we are still relatively new to the State of Florida, Hancock Bank has been lending to local governments in Louisiana and Mississippi for many years. Below you will find a listing of governmental loans we've made in our short time in Florida, as well as a sampling (see attached) of some of the governmental loans that we have made in Louisiana and Mississippi. The following is a list of the loans that we have made thus to local governments in Florida: Name Amount Type of Debt Sumter School Board $3,000,000 Tax Anticipation Note Series 2005 Gulf County $ 249,000 Revenue Note, Series 2005 City of Wewahitchka $ 350,000 Water & Sewer Revenue Note, Series 2005 Pasco County Schools $ 785,612 QZAB COP, Series 2005 As the listings attest, we are actively involved in offering various types of financing solutions to many different types of local governmental entities. We are very excited to now be offering the same great financing solutions to local governments in Florida that we have been offering to other governmental customers for over a century! 1706W. Tennessee Street/ Tallahassee. FL 32304 850425 -3310 / Fax 850 - 681 -1074 / Toll Free (888) 516 -7373 W U Z Z U_ J m M a Y Z m Y V O U Z Q L. 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U .fl Cn U) 0 �' Cn 0 C . U y N U) O O O O O •_ _ 3 C _ o a a c_ 0 c 0 0 E U U o li O c m m c c �j L a _n c c 0 N) m `= L m m J C 0 0 0 —� C O cl C C m m • U) y — 0 0 J 3 3 3 U '"7 _m J m m U 3 y O O a Q. L L N C 0 0 >, m N Y Y U a C V U O 0 m 0) O 6 c Y Y U U > 3 (6 m m r- m 0 a) N .� = J 0 0 .Q L U m 0 0 y y a O -- U cn U m j J J a •0 U m m U s L N Cn (/) • c a) U U) N a N L cn a o c 2 a Hancock Holding Company For Immediate Release July 7, 2005 For More Information Carl J. Chaney, EVP & Chief Financial Officer Paul D. Guichet, VP, Investor Relations 800.522.6542 or 228.214.5242 Hancock Holding Company, Hancock Bank earn Moody's upgrades GULFPORT, MS (July 7, 2005) — Moody's Investors Service — one of the world's most respected and widely used independent credit rating, research, and risk analysis resources — has upgraded the issuer rating for Gulfport based Hancock Holding Company to A3 and, at the same time, increased ratings for bank subsidiaries Hancock Bank (Mississippi) and Hancock Bank of Louisiana to A2 for long -term deposits. Additionally, the rating agency affirmed the banks' short-term deposit ratings at Prime 1, Moody's highest ranking. Independent credit ratings and research help investors evaluate a company's stability based on vulnerability to credit risks. According to this week's announcement from Moody's, Hancock's upgraded ratings stem from a review of Hancock's ongoing ability to generate healthy financial results while expanding its banking presence in Mississippi, Louisiana, and Florida. Hancock'5 performance in areas of profitability, asset quality, and capital is superior to the respective peer medians for similarly rated banks; and the company's liquidity remains sound, supported by its stable core deposit base. "We are very pleased with these upgraded ratings and attribute our success to the expertise and commitment of the members of our Hancock team who have helped preserve and grow the strength, stability, integrity, and service that have distinguished the Hancock organization since 1899," said George A. Schloegel, Hancock president and chief executive officer. Moody's acknowledged Hancock's ability to minimize the 106- year -old company's sensitivity to interest rate changes tied to a comparatively high level of fixed -rate loans — roughly 60 percent of the loan portfolio — by maintaining a stable base of core deposits that inelastically re -price and by implementing an asset/liability model that enables Hancock to monitor and manage interest rate risk sensitivity more effectively. Moody's also explored Hancock's proprietary annuity business and gained comfort that the associated risks of the business are at a manageable level. Hancock Holding Company — the parent company of Hancock Bank (Mississippi), Hancock Bank of Louisiana, Hancock Bank of Florida, and Magna Insurance Company — has assets of $4.8 billion. Hancock Bank operates 103 offices and more than 130 automated teller machines in South Mississippi, Louisiana, and the Florida Panhandle as well as subsidiaries Hancock Investment Services, Inc., Hancock Insurance Agency, and Harrison Finance Company. Hancock also has corporate trust offices in Gulfport, Jackson, MS, Baton Rouge, LA, and downtown New Orleans, LA, and a business financial center in Alabama's port city of Mobile. Additional corporate information and online banking and bill-pay services are available at www.hancockbank.com 11a11t+V1Jri 1 rclJio llad 111Jutalluc rage i of i Priyacy I Cgntact_Us I Locate,U reg s 1 Cars I Einandal,Tarm,s. O HancockBank, r-- a rra�ill � �"`hlon -Profi Personal 'Cornmereial M i �r�sirras$ �" institutional About Us Contact Us Locate Us I Online Banking Sign On Bank News I Investor Relations Careers • Careers •Company Information • Benefits • Career Options •Search and Apply M din Hang Home Eqt Auto More... Hand Buying a Paying fot More... Hancock Holding Company is an excellent place to deposit your talents, invest your time and illuminate your path to a successful career. We are a strong company focused on steady growth and increased shareholder returns. We value our associates and reward individual strengths while providing challenges to help our associates learn and grow. We proudly offer opportunities to build a career and be rewarded for hard work and dedication. Our commitment to providing top - quality customer service in a community conscious and family - oriented environment make Hancock an excellent place to work and to grow. Follow the light to your b future. Search our job listings to see what bright opportunities await you. To be considered for a position with us, please search our job listings and appdy online. Hancock Bank is an Equal Opportunity Employer and Drug -Free Workplace. Follow the Light. Financial gull ancefo l cavet� 1 00 }peal -s Leg 02005-20( All Rig http:// www. hancockbank .com/home/hr/hr_index.asp 2/6/2006 Policy: Equal Employment Opportunity No.: 202 Revised: 12/03 Page: Purpose To establish that Hancock Holding Company (HHC) is an Equal Opportunity Employer. Policy Definition It is the policy of HHC to provide equal opportunity in employment to all employees and applicants for employment. No one will be discriminated against in employment because of the following: • Race • Religion • Color • Sex • Age • National origin • Disability Procedures HHC assures equal opportunity to all employees and applicants in the employment process. This policy applies to all terms, conditions, and privileges of employment including: • Hiring • Probation • Training • Placement • Employee development • Promotion • Transfer • Compensation • Benefits • Educational assistance • Layoff and recall • Social and recreation programs • Employee facilities • Termination • Retirement • HHC, if required by law, will establish a written affirmative action program to achieve prompt and full utilization at all levels and in all segments of the workforce of the categories of people below. The results of the program are reviewed annually, and the program is modified as necessary to achieve stated objectives. • Minorities • Disabled individuals ➢ Warrants ➢ Refunding notes and bonds ➢ Special assessment debt ➢ Tax, grant, or revenue anticipation notes Some of the benefits of doing business with Hancock Bank are: ➢ Competitive interest rates ➢ Flexible terms Creative structuring ➢ Oftentimes, no prepayment penalties ➢ Professional service For more information, please contact: Steve Cole, Senior Vice President Hancock Bank Public Finance Department 1706 W. Tennessee Street Tallahassee, FL 32304 1- 888 -516 -7373 (toll free) steve_cole @hancockbank.com �i Hancock Bank. www.hancockbank.com ADDENDUM NO.1 TO: ALL RESPONDENTS RE: CITY OF EDGEWATER — BANK LOAN TO FUND THE GENEARL OBLIGATION BONDS, SERIES 2006 RFP # 06- FIN -01 ADDENDUM NO. 1 OPENING DATE: FEBRUARY 10, 2006, FRIDAY, DUE @ 2:00 P.M. This Addendum sets forth changes and/or additional information as referenced and is hereby made a part of, and should be attached to subject Contract Documents. CLARIFICATIONS The following clarification is hereby made to the request for proposal documents prepared by First Southwest Company, dated January 2006: 1. General Obligation or Limited ad valorem issue: The loan is not a general obligation issue. In this case however a limited general obligation issue or a limited ad valorem revenue issue should mean the same thing. That the City will levy a stand alone ad valorem tax not to exceed .06 mills on all taxable assessed property within the City for up to 30 years to pay the debt service on the loan for a period. 2. First Lien on the tax: The loan will have a first lien on only this ad valorem's revenues. No other revenues are available to pay this loan. 3. Parity Debt: The referendum only allows for the issuance of up to $500,000.00. The City expects to issue the full- authorized $500,000.00 amount. The City cannot be any parity debt. However, the City can refinance the debt. 4. Historical Revenues: This is the first year of the tax. The City just put it on the tax rolls this year (November 1, 2005) so there is no history. However, to get a history of the tax collection rate the overall tax collection rate of the City would be the most telling indicator of how taxes are paid. The City's audit will show you the collection rate. You can also look at the historical ad valorem assessment rates to give you an idea of growth with in the City as it relates to property values. 5. Ability to Prepay without penalty: Since the tax revenues are a dedicated revenue source that can only be used to pay for the project or the debt service related to it, the City may want to use any excess tax receipts to call debt service early or have the ability to payoff the loan or to refinance it. 6. Long Term Loan: This is not " a bond anticipation note" it should be for a period of 20 years. 7. Tax Opinion: Foley and Lardner will prepare the loan documents and will provide a tax opinion. 8. Final taxable assessed values: The final current year gross taxable assessed values are as follows: 2006 (2005 assessment roll) - $814,298,473.00 2005 (2004 assessment roll) - $664,137,932.00 February 7, 2006 END OF ADDENDUM NO.1 THE CITY OF EDGE ATER, FLORIDA REQUEST FOR PROPOSALS FOR A BANK LOAN TO FUND THE GENERAL OBLIGATION BONDS, SERIES 2006 RFP #06 -FIN -01 Issue Date: January 22, 2006 Due Date: February 10, 2006 at 2:00 pm EST Prepared by: First Southwest Company ✓ Investment Bankers Since 1946 TABLE OF CONTENTS PAGE I . ADVERTISEMENT .......................................... ............................... 1 II. INTRODUCTION A . Objective ............................................... ............................... 2 B . The Financing Plan ................................ ............................... 2 C. Proposal Instructions ............................. ............................... 2 1. Sealed Proposal ................................. ..............................2 2 . Proposal ............................................. ..............................3 3. Questions, Additional Information ...... ............................... 3 D. Security for the Loan ............................. ............................... 3 E. Structure of the Financing ..................... ............................... 4 F. Provisions ............................................... ..............................5 III. EVALUATION OF PROPOSALS .................... ............................... 5 IV. INSTRUCTIONS TO RESPONDENTS ............ ............................... 6 V. TENTATIVE SCHEDULE ................................. ............................... 7 VI. OTHER INFORMATION .................................. ............................... 7 ATTACHMENTS Comprehensive Annual Financial Reports 2003 — 2005 Authorizing Resolution I. ADVERTISEMENT REQUEST FOR PROPOSAL BANK LOAN TO FUND THE GENERAL OBLIGATION BONDS, SERIES 2006 RFP #06 -FIN -01 CITY OF EDGEWATER, FLORIDA Notice is hereby given that the City of Edgewater ( "City ") is requesting proposals for BANK LOAN TO FUND THE GENERAL OBLIGATION BONDS, SERIES 2006, RFP #06- FIN -01. Proposals will be received in the Finance Director's Office, located at Edgewater City Hall, 104 N. Riverside Drive, P.O. Box 100, Edgewater, Florida 32132 until 2:00 P.M. EST on Friday, February 10, 2006, at which time they will be publicly opened. Requirements for the proposal are available and may be obtained from Malecia Williams, Accounting Technician, City of Edgewater, 104 N. Riverside Drive, Edgewater, FL, 32132 -0100; (386) 424 -2471. Questions related to the proposal may be faxed to (386) 424 -2409 or emailed to mwilliams @cityofedgewater.org. No proposals received after the time and date specified for the opening will be considered. The City reserves the right to reject any and all proposals, to waive any and all no- substantial irregularities in proposals received whenever such rejection or waiver is in the best interest of the City. In the event that any or all proposals are rejected or waived, the City reserves the right to solicit and re- advertise for other proposals. CITY OF EDGEWATER VOLUSIA COUNTY, FLORIDA s /Susan Wadsworth, CIVIC City Clerk REQUEST FOR PROPOSALS BANK LOAN TO FUND THE GENERAL OBLIGATION BONDS, SERIES 2006 RFP #06- FIN -01 CITY OF EDGEWATER, FLORIDA II. INTRODUCTION A. Objective The objective of this Request for Proposals (the "RFP ") is to identify the institution that can provide the City of Edgewater, Florida (the "City ") with a "Bank Qualified" bank loan in a principal amount not exceeding $500,000 (the "Loan ") at the lowest overall borrowing cost, pursuant to certain conditions. The proceeds of the Loan will be used to finance a new Animal Adoption /Rescue Facility. The Loan will be a limited general obligation of the City. The voters, on November 2, 2004 approved to levy ad valorem taxes at a maximum millage rate of .06 mill on all taxable property in the City. B. The Financing Plan The City proposes to finance a new Animal Adoption /Rescue Facility by issuing a limited ad valorem revenue bond in a principal amount not to exceed $500,000, for a period not to exceed 20 years. C. Proposal Instructions 1. Sealed Proposals One (1) original and four (4) copies of the response to this RFP should be submitted no later than 2:00 P.M. EST, February 10, 2006 to the following: Jon Williams Finance Director City of Edgewater 104 N. Riverside Drive Edgewater, Florida 32132 Phone: (386) 424 -2471 One additional copy sent to: Mark P. Galvin Financial Advisor First Southwest Company 20 N. Orange Ave., Suite 1209 Orlando, Florida 32801 Phone: (407) 426 -9611 2 The name of the Respondent shall appear in the upper left -hand corner of the envelope and the following notation shall appear in the lower left -hand corner: "PROPOSAL ENCLOSED BANK LOAN TO FUND THE GENERAL OBLIGATION BONDS, SERIES 2006 RFP #06- FIN -01" If the proposal is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "REQUEST FOR PROPOSAL ENCLOSED: BANK LOAN TO FUND THE GENERAL OBLIGATION BONDS, SERIES 2006, RFP #06- FIN -01" on the outside of the envelope. The City reserves the right to reject any and all proposals, to waive any informalities or irregularities not involving price in any proposals received, to readvertise for proposals, or take any other such actions that may be deemed to be in the best interest of the City. 2. Proposal Response Each proposal should address all pertinent areas and be specific. Any conditions should be clearly stated. The failure to disclose substantive terms, conditions, and covenants may be considered cause for the respondent's proposal to be rejected by the City. 3. Questions, Additional Information Respondents, their agents and /or associates shall refrain from contacting or soliciting any member of the Edgewater City Council regarding the RFP during the selection process. Failure to comply with this provision may result in disqualification of the Respondent. All requests for clarifications or additional information should be submitted in writing to: Jon Williams Finance Director City of Edgewater 104 N. Riverside Drive Edgewater, Florida 32132 Phone: (386) 424 -2471 Email: iwilliamsa-cityofedgewater.org D. Security for the Loan The Loan will be a general obligation of the City secured by the full faith and credit and taxing power of the City. E. Structure of the Financing The proposal should be based on the following parameters: 1. Amount: Principal amount not to exceed $500,000. 2. Rate: Respondents should respond with terms under a fixed rate for the entire term of the loan. 3. Early Redemption: The City reserves the right, however, to repay principal and interest at any time, without penalty or premium. 4. Settlement/Closing Date: March 1, 2006. 5. Interest Payment Dates: Semi - annual on July 1, and January 1, beginning July 1, 2006. 6. Principal Amortization: July 1, as follows: Maturity (July 1) Principal 2006 $30,000 2007 15,000 2008 15,000 2009 15,000 2010 15,000 2011 15,000 2012 20,000 2013 20,000 2014 20,000 2015 20,000 2016 20,000 2017 25,000 2018 25,000 2019 25,000 2020 25,000 2021 30,000 2022 30,000 2023 30,000 2024 35,000 2025 35,000 2026 35,000 Total T $500.000 7. Adjustment of Principal Amounts: If, after final computation of the proposals and award to the winning respondent the City determines in its sole discretion that the funding requirements for the Loan are less than the proceeds of the sale of the Loan, the City reserves the right to adjust each maturity amount of the Loan and to correspondingly adjust the Loan issue size, with all calculations rounded to the nearest $5,000. Furthermore, the City reserves the right to adjust maturity amounts (including mandatory sinking fund installments) to achieve the desired debt service structure, without substantially changing the Loan size. Please Note: The City reserves the right to increase or decrease the proposed issue size and annual amortization in order to maximize debt service savings and to facilitate the refinancing. F. Provisions The City will not accept proposals with reserve requirements or other restrictions to revenues or requirements to maintain minimum balances in any bank account as a condition for the Loan. The City will not accept proposals that require the respondent's approval before additional debt may be issued. The City will not accept proposals which include a pre - payment penalty or which does not allow pre - payment of the loan at anytime. The City will agree to take such actions as may be required by U.S. Treasury regulations in order to maintain the stature of the loan as a tax - exempt obligation. The City will furnish, without charge to the successful respondent, the opinion of Foley & Lardner, Jacksonville, Bond Counsel, approving the legality of the Loan together with the closing certificates and documents related to the transaction. The respondent may transfer the Loan or enter into participation agreements or securitization transactions with respect to the Loan provided; however, the Loan must be in minimum denominations of $100,000 upon any such transaction. III. EVALUATION OF PROPOSALS A. Proposal Format Proposals will be evaluated on the basis of cost and compliance with the proposed structure and terms of the loan as outlined in this RFP. In order to assist the City and First Southwest Company in reviewing the proposals, each proposal should include the following information: 1. Legal name of the bank and primary bank contact person (with address, telephone and facsimile numbers). 2. A summary listing of all Florida governmental financing transactions completed since January 1, 2003. Please indicate the bank's role in each of the financings. 3. Please provide a "bank- qualified fixed interest rate" for the full term of the loan. The rate should be stated as a fixed interest rate that will be held for a maximum of forty-five (45) days. In the event that the loan does not close within forty-five (45) days, the interest rate should be stated as a function of the yield of the U.S. Treasury obligation having maturity closest to the weighted average maturity of the Loan (i.e., percentage ( %) of the U.S. Treasury plus basis points equals ) . 4. Fees and Expenses - Describe in detail all fees and expenses which the City will be responsible to pay to the bank and /or its legal counsel. The amounts stated in the proposal shall represent the maximum amounts payable to the bank by the City. 5. Conditions - Provide a listing of all conditions, covenants, terms or restrictions, other than those specified in this RFP, which would be included in your commitment to provide the Loan. IV. INSTRUCTIONS TO RESPONDENTS A. Respondent shall thoroughly examine and be familiar with the proposal specifications. Failure of any respondent to receive or examine this document shall in no way relieve any respondent of obligations pertaining to this proposal or the subsequent contract. B. Any modifications from the service requirements can result in the rejection of the proposal as not being responsible to this RFP. C. The responsibility for delivering the proposal to the City on or before the specified date and time will be solely and strictly the responsibility of the respondent. The City will not be responsible for delays caused by the United States Postal Office or a delay caused by any other occurrence. Offers by telephone or fax will not be accepted. D. The response deadline shall be strictly observed. Under no circumstance will a proposal delivered after the time specified be considered. Such RFPs will be returned to the respondent unopened. E. Respondents will not be allowed to withdraw or modify their proposals for a period of forty -five (45) days after the opening time and date. F. The City reserves the right to reject the proposal of any respondent who has previously failed in the proper performance of a contract or to deliver on time other contracts similar in nature, or who in the opinion of the City, is not in the position to perform properly under this contract. G. The City reserves the right to inspect all facilities of the respondent in order to make a determination as to their capabilities. H. All federal, state, county and local laws, ordinances, rules and regulations apply to all items addressed in this proposal. Lack of knowledge by the respondent will not be a cause for relief from responsibility. I. Respondents may not assign any portion of the contractual agreement between the parties without prior written authorization by the City. J. Changes to the RFP will be made by and at the sole discretion of the City. K. Warranties - The respondent, in submission of its proposal, warrants the City that it will comply with all applicable federal, state and local laws, regulations and orders in providing the services under the proposed documents. L. Equal Opportunity Employer - Each respondent shall provide a statement that the respondent is an Equal Opportunity Employer. V. TENTATIVE SCHEDULE January 22, 2006 February 10, 2006 February 13, 2006 February 27, 2006 February 28, 2006 March 1, 2006 Request for proposal issued Written responses due no later than 2:00 P.M. EST Selection of successful respondent Approval by the City Council Pre - closing Closing PLEASE NOTE: The successful respondent and bank counsel should be prepared to respond with comments on legal documents within 48 hours as scheduled above. VI. OTHER INFORMATION A. The City reserves the right to accept or reject any proposals, to waive any irregularities or informalities in any proposals or in the manner of its submittal, and to accept or reject any items or combination of items. The award will be to the institution whose response complies with all of the requirements set forth in this RFP and whose proposal, in the sole opinion of the City, is best, taking into consideration all aspects of the respondent's submittal. B. In the event that the successful respondent does not execute a contract within a time frame acceptable to the City, the City may give notice of intent to award the proposal to the next most qualified respondent or to call for new proposals and may proceed to act accordingly. :i , �• WACHOVIA February 10, 2006 Mr. Jon Williams Finance Director City of Edgewater 104 N. Riverside Drive Edgewater, FL 32132 Dear Mr. Williams: Wachovia Bank, National Association (the 'Bank ") is pleased to submit the Commitment described below to the City of Edgewater (the "City ") subject to the following terms and conditions. Borrower: City of Edgewater, Florida (the "City') Amount: $500,000.00 Facility: Term Loan Purpose: To provide funds for a new Animal Adoption /Rescue Facility. Term: Maturity date of 7/1/2026. Principal will be due and payable annually commencing 7/1/2006. Interest will be due and payable semi - annually commencing 7/112006. Interest on the outstanding balance of the loan will be calculated on a 30 /360 -day basis_ Security: The loan will be secured by a Pledge of Ad Valorem taxes from a .06 mil levy on all taxable property within the City approved by referendum on November 2, 2004. Interest Rate: Bank Qualified Fixed Rate: 4.35% • The above fixed rate will be held for a period of forty -five (45) days. After that time, the interest rate will be 96.67% of the yield of the U.S. Treasury obligation having the maturity closest to the weighted average maturity of the Loan. xPrlgaaratPr limitp.d on Pre - Payment: This loan may be prepaid at any time without penalty. Conditions 1. The City, by official action, shall approve entering into this commitment and the loan facility described herein; and shall cause any borrowing under this facility to be designated as a "Qualified Tax - Exempt Obligation" pursuant to Section 265(b)(3)(B) Internal Revenue Code of 1986, as amended. Should subsequent but currently unforeseen events cause any borrowing under this facility to be determined to be a "non- qualified" obligation pursuant to Section 265(b)(3)(B), Internal Revenue Code of 1986, as amended, the Bank shall adjust the interest rate on any outstandings hereunder so that it shall receive the same after tax yield equivalent contemplated as of the time of this commitment. 2. In the event that the interest on any drawing under this Commitment is ever determined to be taxable for purposes of federal or state income taxation, or in the event that any or all of the interest on any drawing under this Commitment is deemed to be included in the gross income of the Bank for federal or state income taxation, or in the event the Bank is unable to deduct any other amounts as a result of purchasing or carrying any borrowings resultant from the Commitment, or in the event of a change in the marginal tax rate applicable to corporations or the alternative minimum tax rate or in the method prescribed by federal income tax laws for calculating the alternative minimum tax to which the Bank may be subject, or in the event of any action which would otherwise decrease the after tax or taxable equivalent yield to the Bank, the interest on this Commitment shall be subject to a full gross up modification, as determined by the Bank and its counsel. In no event, however, shall the interest rate on this Commitment exceed the maximum rate permitted by law. 3. Loan documents relating to this facility shall be prepared by bond counsel listed in The Bond Buyer's Municipal Marketplace (the "Red Book ") and acceptable to the Bank. The Bank will receive a standard opinion of bond counsel as to the due authorization and enforceability of the documents and as to tax - exemption under state and federal law, and an opinion of the issuer's attorney as to litigation and other matters. The loan documents and such opinions shall be in form and content acceptable to the Bank_ Documents must be available for review at least 5 business days prior to closing. The Bank will retain counsel to review the documents on its behalf; Bank counsel will charge a fee of $1,000. All costs relating to the preparation of documents and to otherwise complete this transaction, including the Bank counsel fee, will be paid by the City (whether or not the transaction closes). 4. On an ongoing basis, the City agrees that it shall deliver to the Bank printed copies of, when available, or within 180 days of each fiscal year end, whichever is sooner, a Comprehensive Annual Financial Report, a Current Year Operating Budget as soon as it is completed and a Capital Improvement Plan and any other such xPrJoe -,eater limiters vn 2 information as reasonably requested by Bank. 5. This Commitment shall remain in full force and effect through 3:00 p.m., local time, February 27, 2006, at which time, if not accepted by execution of the acceptance clause below and mailed to the Bank at its 1791 State Road 44, New Smyrna Beach, Florida 32168, office to my attention, this Commitment shall expire and shall not be enforceable by either the Bank or the City unless extended by the Bank in writing. Unless extended by the Bank in writing, this facility must close on or prior to March 1, 2006 after which this commitment shall expire. 6. If the Bank chooses to waive any covenant, paragraph, or provision of this Commitment, or if any covenant, paragraph, or provision of this Commitment is construed by a court of competent jurisdiction to be invalid, it shall not affect the applicability, validity or enforceability of the remaining covenants, paragraphs or provisions. 7. The preceding terms and conditions are not exhaustive. Any final commitment may include other covenants, terms and closing conditions as are customarily required by the Bank for similar transactions including but not limited to a Cross Default with other debt, Default Rate, Events of Default, Acceleration upon Default and waiver of jury trial. This Commitment Letter shall not survive closing. 8. The City represents and agrees that all information provided to the Bank is correct and complete. No material adverse change may occur in, nor may any adverse circumstance be discovered as to, the financial condition of the City prior to closing. The Bank's obligations under this Commitment are conditioned on the fulfillment to the Bank's sole satisfaction of each term and condition referenced by this Commitment. 9. This Commitment supersedes all prior Commitments and proposals with respect to this transaction, whether written or oral, including any previous loan proposals made by the Bank or anyone acting within its authorization. No modification shall be valid unless in writing and signed by an authorized Officer of the Bank. This Commitment is not assignable and no entity other than the City shall be entitled to rely on this Commitment. 10. The Bank will make the loan for its own account and not with the intent to distribute the loan or interests therein. However, the Bank may in the future enter into participation agreements or securitization transactions with respect to the loan. No transfer restrictions will apply to the loan. If requested, the Bank will deliver an appropriate investor letter at closing. Wachovia Bank, National Association appreciates the opportunity to submit this Commitment to you and looks forward to your favorable response. Should you have any questions, please do not hesitate to contact me at (386) 423 -5600. Best Regards, YptioPwntar limitPri gn 3 ; WA VIA ATIONAL ASSOCIATION ne Bowma Vice President ACCEPTANCE The above Commitment is hereby accepted on the terms and conditions outlined therein by authority of the Governing Board of the City: Closing Date: By: Date: Its: XPd4Pw.gtPr limited on Wachovia Deal Summary South Indian River Water Control $2.6MM Term Loan City of Deltona $2.5MM Letter of Credit Florida Gulf Coast University $62MM Letter of Credit City of Stuart $700M Term Loan Palm Beach School Board $150MM Letter of Credit FMPA Key West $1.2MM Letter of Credit Palm Beach $10.5MM Term Loan Town of Highland Beach $3.8MM Term Loan City of Plantation $1.3MM Term Loan Village Center Community $4.OMM Term Loan City of Belle Glade $9.6MM Term Loan City of Vero Beach $5MM Term Loan Town of Sewall's Point $1.75MM Term Loan City of Deland $2.5MM Term Loan X11.1. POIN A ITAI" Kevin C. King 480 Olde Worthington Road, Suite 150 A suasmcARY OF NORTH FORK BANK Director of Business Development Westerville, Ohio 43082 February 9, 2006 Mr. Jon Williams, Finance Director City of Edgewater 104 N. Riverside Drive Edgewater, Florida 32132 Subject: Bank Loan to Fund the General Obligation Bonds, Series 2006 RFP #06 -FIN-01 Dear Mr. Williams: All Points Public Funding, LLC is pleased to submit the following proposal for the purchase of the general obligation bonds being offered by the City of Edgewater: Type of Financing: Tax - exempt, Bank Loan to fund the General Obligation Bonds, Series 2006 ( "Loan") Borrower: The City of Edgewater, Florida ( "City") Lender: All Points Public Funding, LLC ("All Points ") All Points is the tax- exempt lending unit of North Fork Bank (NYSE: NFB), the 16klargest commercial bank in the U.S. with approximately $60 billion in assets. Lender Qualifications: All Points is a direct funding source for municipal borrowers. Since January 2004, All Points has provided over $300 million in tax- exempt financing to qualified issuers for capital equipment and projects. It is our intent to hold the entire Loan in our own portfolio. Amount: $500,000.00 Use of Proceeds: The proceeds of the Loan will be used to finance a new Animal Adoption/Rescue Facility. Security: The Loan will be a general obligation of the City secured by its full faith and credit and taxing power. Term: Twenty (20) Years Interest Rate: 4.73% Settlement/Closing Date: March 1, 2006 Interest Payment Dates: Semi- annual on July 1 and January 1, beginning July 1, 2006. Principal Amortization: Annual, beginning on July 1, 2006. City of Edgewater, Florida February 9, 2006 Proposal — Bank Loan to Fund the G.O. Bonds, Series 2006 Page 2 RFP #06 -FIN-01 Rate Lock/Index: The above - quoted Interest Rate shall be fixed for the entire term of the Loan and is valid provided that the Loan closes no later than March 27, 2006. Should the Loan close after this date, the Interest Rate may require an adjustment if the then current 10 year U.S. Treasury Note yield exceeds 4.75 %. Early Redemption: The City shall have the right to repay the Loan at any time, without penalty or premium. Documentation: The City will furnish the opinion of Foley & Lardner, Jacksonville, Bond Counsel, approving the legality of the Loan together with the closing certificates and documents related to the transaction. These documents will be subject to the approval of All Points, in its sole discretion. Fees of All Points: Other Conditions: Primary Point of Contact: None. None. Kevin C. King, Director of Business Development All Points Public Funding, LLC 480 Olde Worthington Road, Suite 150 Westerville, Ohio 43082 Toll Free Phone: (866) 617 -2337 E -Fax: (631) 576 -8923 E -mail: kkinggall oiup itscapital.com Florida Reference: Ms. Doreen Lam, Directory of Treasury Services (954) 932 -2121 City of Hollywood 2600 Hollywood Boulevard Hollywood, FL 33022 • $1,800,000.00 Lease - Purchase Agreement to equipment (May 2005) finance vehicles and Proposal Expiration: This proposal shall expire on April 10, 2006 unless extended, in writing, by All Points at its sole discretion. Thank you for the opportunity to offer this proposal. We appreciate your consideration and look forward to your favorable response. Should you have any questions regarding All Points or this proposal, please do not hesitate to contact me toll -free at 866 -617 -2337. Sincerely, All Points Public Funding, LLC Kevin C. King Director of Business Development cc: Mark P. Galvin First Southwest Company City of Edgewater, Florida February 9, 2006 Proposal — Bank Loan to Fund the G.O. Bonds, Series 2006 Page 3 RFP #06 -FIN-01 City of Edgewater, Florida Bank.Loan to Fund the General Obligation Bonds, Series 2006 AMORTIZATION SCHEDULE 4,73% Date Payment Interest Principal Balance Loan 03/01/2006 500,000.00 1 07/01/2006 38,014.72 8,014.72 30,000.00 470,000.00 2 01/01/2007 11,115.50 11,115.50 0.00 470,000.00 3 07/01/2007 26,115.50 11,115.50 15,000.00 455,000.00 4 01/01/2008 10,760.75 10,760.75 0.00 455,000.00 5 07/01/2008 25,760.75 10,760.75 15,000.00 440,000.00 6 01/01/2009 10,406.00. 10,406.00 0.00 440,000.00 7 07/01/2009 25,406.00 10,406.00 15,000.00 425,000.00 8 01/01/2010 10,051.25 10,051.25 0.00 425,000.00 9 07/01/2010 25,051.25 10,051.25 15,000.00 410,000.00 10 01/01/2011 9,696.50 9,696.50 0.00 410,000.00 11 07/01/2011 24,696.50 9,696.50 15,000.00 395,000.00 12 01/01/2012 9,341.75 9,341.75 0.00 395,000.00 13 07/01/2012 29,341.75 9,341.75 20,000.00 375,000.00 14 01/01/2013 8,868.75 8,868.75 0.00 375,000.00 15 07/01/2013 28,868.75 8,868.75 20,000.00 355,000.00 16 01/01/2014 8,395.75 8,395.75 0.00 355,000.00 17 07/01/2014 28,395.75 8,395.75 20,000.00 335,000.00 18 01101/2015 7,922.75 7,922.75 0.00 335,000.00 19 07/01/2015 27,922.75 7,922.75 20,000.00 315,000.00 20 01/01/2016 7,449.75 7,449.75 0.00 315,000.00 21 07/01/2016 27,449.75 7,449.75 20,000.00 295,000.00 22 01/01/2017 6,976.75 6,976.75 0.00 295,000.00 23 07/01/2017 31,976.75 6,976.75 25,000.00 270,000.00 24 01/01/2018 6,385.50 6,385.50 0.00 270,000.00 25 07/01/2018 31,385.50 6,385.50 25,000.00 245,000.00 26 01/01/2019 5,794.25 5,794.25 0.00 245,000.00 27 07/01/2019 30,794.25 5,794.25 25,000.00 220,000.00 28 01/01/2020 5,203.00 5,203.00 0.00 220,000.00 29 07/01/2020 30,203.00 5,203.00 25,000.00 195,000.00 30 01/01/2021 4,611.75 4,611.75 0.00 195,000.00 31 07/01/2021 34,611.75 4,611.75 30,000.00 165,000.00 32 01/01/2022 3,902.25 3,902.25 0.00 165,000.00 33 07/01/2022 33,902.25 3,902.25 30,000.00 135,000.00 34 01/01/2023 3,192.75 3,192.75 0.00 135,000.00 35 07/01/2023 33,192.75 3,192.75 30,000.00 105,000.00 36 01/01/2024 2,483.25 2,483.25 0.00 105,000.00 37 07/01/2024 37,483.25 2,483.25 35,000.00 70,000.00 38 01/01/2025 1,655.50 1,655.50 0.00 70,000.00 39 07/01/2025 36,655.50 1,655.50 35,000.00 35,000.00 40 01/01/2026 827.75 827.75 0.00 35,000.00 41 07/01/2026 35,827.75 827.75 35,000.00 0.00 Grand Totals 778,097.72 278,097.72 500,000.00 TENTATIVE AGENDA ITEMS MAR 6 1) 2" Reading, Ord #2006 -0 -04, Barry (CPA -0514) small scale comp 2) 2nd Reading, Ord #2006 -0 -05, annexation, Carder 28.56 acres (AN -0516) 3) 1St Reading, Ord #2006 -0 -, annex, Lancellotta (AN -0514) .9± acres at 2923 Oak Trail 4) 1 st Reading, Rehearing of River Oaks Condo rezoning/RPUD application 5) Res #2006 -R -0, modification (indexing) of administrative /user fees 6) Preliminary plat approval for 15 -lots (30 units), Alison Estates (formerly Nocatee) 7) Foreclosure on 2811 Royal Palm, James & Celina Mitchell MAR 13 - 6:00 pm - Workshop 1) Reflections - Mercedes Homes (RZ -0513) - RPUD 833 acres 2) Washington Park - Pawlak (RZ- ) - rezoning & assessment MAR 20 1) 2nd Reading, Ord #2006 -0 -, annex, Lancellotta (AN -0514) .9± acres at 2923 Oak Trail 2) 1 St Reading, Ord #2006 -0 -, comp plan, Lancellotta (CPA -012) as Low Density Transition. 3) 1St Reading, Ord #2006 -0 -, rezoning, Lancellotta (RZ -0520) as RT (Rural Transitional) 4) 1 st Reading, Ord #2006 -0 -, Washington Park, rezoning & assessment 5) 2" Reading, River Oaks rezoning /RPUD 6) Res. No. 2006 -R -0, Scott Tobin abandonment (AB -0501) APRIL 3 1) 2" Reading, Ord #2006 -0 -, comp plan, Lancellotta (CPA -012) as Low Density Transition. 2) 2nd Reading, Ord #2006 -0 -, rezoning, Lancellotta (RZ -0520) as RT (Rural Transitional) 3) 2nd Reading, Ord #2006 -0 -, Washington Park, rezoning & assessment 4) 1S Reading, Ord #2006 -0 -, SR- 442 rezoning APRIL 17 1) 2 Reading, Ord #2006 -0 -, SR -442 rezoning 2) ls Reading, Tim Howard lg scale comp plan amend (CPA -0501) was Targator & rezoning (RZ -0501) 3) 1 Reading, Carder lg scale comp plan amend (CPA- 0503) {includes AN -0516 28.56 acres & AN -0504 24.26 acres} 4) 1" Reading, Sfera lg scale comp plan amend (CPA -0602) 10 acres to Commercial with Conservation Overlay 5) 1S Reading, COE lg scale comp plan text amendments (CPA -0604) 6) 1' Reading, COE lg scale comp plan amend 17.63+ acres, animal shelter (CPA -0605) UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPARTMENT APPLICATIONS RECEIVED - 1) Massey - annexation (AN -__j 2) Massey - lg scale comp plan amend & rezoning 3) Villas @ Massey Ranch Site Plan 4) Water/Reclaimed Site - lg scale comp plan amend & rezoning 5) Middletown Plaza, site plan 6) Carder - rezoning - (RZ -0504) total 52.82 acres {includes AN -0516 & AN -0504) 7) Seagate - Edgewater Lakes Phase II PUD Agreement 8) Seagate - Riverclub (CPA -___) lg scale comp plan amend 9) Snowden/442 DRI -- approx 5,000 acres 10) Elegant Manor - rezoning (RZ -0521) south of Airpark west of Silver Palm Rev. 2/21/06 I: \liz docs \outlines \aitems030606 11) Seagate - Edgewater Lakes, Phase IB & IC - amendment to PUD 12) Woodbridge Lakes rezoning (RZ -0407) - 13) Woodbridge Lakes Plat 14) Washington Park - Pawlak Plat 15) Coastal Oaks - Haynes sm scale comp plan amend 16) Julington Oaks - preliminary plat 17) Worthington Oaks - preliminary plat 18) Rezoning, Jones/Putnam - 1 acre @ 1155 Old Mission Road (RZ -0515) 19) Rezoning, Jones /ASD Properties - 110.66 acres - PUD (RZ -0508) 20) Reflections (RZ -0513) 21) Carder (RZ -0519) .24f acres s/w corner of Falcon Avenue & Mariners Gate Court as R -4 (Multi - Family Residential) 22) Hickey Residential (RZ -0505) 23) Annex, Gardiner (AN -0515 ) 82.33± acres south of Taylor Road 24) Peterson lg scale comp plan amend (CPA -0601) 80+ acres to Low Density Residential with Conservation Overlay DEVELOPMENT SERVICES (PLANNING) DEPARTMENT PROJECTS 1) Subdivision Architectural Design Standards 2) US #1 Corridor Guidelines 3) Capital Improvement Element 4) Conservation Element 5) Coastal Element 6) Density (gross /net) 7) Recreation/Open Space Element 8) Future Land Use Element 9) Capital Improvement Plan 10) LDC - Article 5 11) LDC - Article 16 Rev. 2/21/06 1:Viz docs \outlines \aitems030606