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05-15-2006 Voting Order Councilwoman Rogers Councilman Vincenzi Councilwoman Rhodes Councilwoman Lichter Mayor Thomas AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING May 15, 2006 7:00 PM COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES - None at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Chief Ignasiak presenting Officer Robert Hazelwood a plaque for"Officer of the Quarter." B. Elden McDirmit/Kelly Leary, McDirmit Davis Puckett, presenting the Comprehensive Annual Financial Report (CAFR) for fiscal year ended September 30, 2005. 4. CITY COUNCIL REPORTS 5. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three "3" minutes or less. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Small Scale Comprehensive Plan Amendments: A. 1St Reading, Ord. No. 2006-0-15, Tom Corbett, agent for Federal Trust Bank, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .45+ acres of land located west of US 1 and south of 1900 S. Ridgewood Avenue as Commercial. Rezonings: B. 1St Reading, Ord. No. 2006-0-16, Tom Corbett, agent for Federal Trust Bank, requesting an amendment to the Official Zoning Map to include .45+ acres of land located west of US 1 and south of 1900 S. Ridgewood Avenue as B-3 (Highway Commercial). C. 1St Reading, Ord. No. 2006-0-17, James C. and Rosemary Carder requesting an amendment to the Official Zoning Map to include .24+acres of land located along the southwest corner of Falcon Avenue and Mariners Gate Court as R-4 (Multi-Family Residential). D. 2nd Reading, Ord. No. 2006-0-01, Scott Tobin, applicant for AH Edgewater, LLC, (River Oaks) requesting an amendment to the Official Zoning Map to include 30.01+acres of land located east of US 1 and north of Jones Fish Camp Road and approval of the associated RPUD Agreement. City Council Agenda May 15, 2006 Page -2- 6. Public Hearings, Ordinances and Resolutions Cont. Resolutions: E. Res. No. 2006-R-03, Scott Tobin, applicant for AH Edgewater, LLC, requesting the abandonment/vacation of portions of Alice Street and Nellie Street which are within the River Oaks Condominium project. F. Res. No. 2006-R-05, renewing Interlocal Agreement for Fire/Rescue Service Mutual Aid within Volusia County. 7. BOARD APPOINTMENTS -None at this time. 8. CONSENT AGENDA -None at this time. 9. OTHER BUSINESS A. Agreement - staff recommending approval of a Memorandum of Agreement between the City of Edgewater and Pet Society, Inc. for volunteer assistance with the operation of the Animal Shelter, cont. from 4/17/06, item 9A. B. Agreement - approval of Agreement between the City of Edgewater and Jon Williams for Interim City Manager. C. Reclaimed Water Trunkline, Phase I - staff recommending approval of Project Close-out of the Reclaimed Water Trunkline, Phase I and Change Order 91 (Final) reducing the contract amount from $831,401.50 to $804,305.50 and authorizing the Mayor or Interim City Manager to execute the documents. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items 12. ADJOURN. Note: All items for inclusion on the June 5,2006, agenda must be received by the City Manager's office no later than 4:30 p.m Friday, May 26, 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\051506reg AGENDA REQUEST Date: April 24. 2006 PUBLI C HEARING Mav 1. 2006 RESOLUTION x ORDINANCE CONSENT OTHER BUSINESS BOARD APPOINTMENT ITEM DESCRIPTION: Resolution No.2006-R-03 Scott Tobin, requesting the abandonment/vacation of portions of Alice Street and Nellie Street. OWNER: Mid Florida Investments LLC APPLICANT/AGENT: Scott Tobin REQUESTED ACTION: AbandonmentlVacation of portions of Alice Street and Nellie Street, which are unopened and unimproved. PROPOSED USE: Multi-family residential condominiums LOCATION: East of US Highway 1 and north of Jones Fish Camp Road AREA: 30.0l:I: Acres CURRENT LAND USE: Vacant FLUM DESIGNATION: V olusia County - Urban Medium Intensity and Industrial ZONING DISTRICT: Volusia County- R-6W, R-4W, and 1-3W VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Volusia County - Industrial Volusia County - 1-3W (Waterfront Industrial) East VacantlIndian River Volusia County - Urban Volusia County - RCW (Resource Medium Intensity & Water Corridor) & R-6W (Urban Two Family Residential) South V acant/S ingle-Family Volusia County - Urban Volusia County - R-4W (Urban Residential Medium Intensity Single Family Residential) & R-6W (Urban Two Family Residential) West Vacant Volusia County - Urban Volusia County - R-4W (Urban Medium Intensity Single-Family Residential) & B-4W (General Commercial) AB-050 1 - River Oaks Background This property is located east of US Highway 1 and north of Jones Fish Camp Road. The applicant is proposing to construct residential condominiums on the property. The proposed abandonment will allow the developer full access of the site. The above-referenced right-of-ways are currently unimproved and unopened. At their regular meeting of the Planning and Zoning Board, the Board voted 6-0 to send City Council a favorable recommendation for the abandonment. Land Use Compatibility The majority of the surrounding area is vacant and residential. To the north is vacant industrial designated property. Adequate Public Facilities This site is within the City's water and sewer service area and has direct roadway access to US Highway l. The City of Edgewater has verified that potable water via a 12-inch water main is available along U.S. I 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 a six-inch (6") force main. Natural Environment An environmental impact study must be submitted and approved by City staff prior to development of this site. Comprehensive Plan Consistency The Comprehensive Plan does not specifically address this issue. Other Matters There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving Resolution No. 2006-R-03; abandoning portions of Alice Street and Nellie Street. ACTION REQUESTED Motion to approve Resolution No. 2006-R-03. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. Robin Matusick Paralegal Darren Lear Development Services Director on Williams Interim City Manager AB-050 I - River Oaks 2 GRANTINGIDENYING RESOLUTION NO. 2006-R-03 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, GRANTING OR DENYING THE ABANDONING AND V ACA TING A PORTION OF TWO (2) SIXTY (60) FOOT UNIMPROVED ROAD RIGHT-OF-WAYS KNOWN AS NELLIE STREET AND ALICE STREET WHICH ARE LOCATED WITHIN THE RIVER OAKS CONDOMINIUM PROJECT, AS FURTHER DESCRIBED IN EXHIBITS "A" AND "B"; AUTHORIZING RECORDING; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Scott R. Tobin (agent of record) for AH Edgewater, LLC on behalf of the River Oaks Subdivision, the owners/applicants, have complied with the provisions of Chapter 21 (Land Development Code), Article IX (Application Procedures), Section 21-99 (Abandonments and Vacations) regarding the provision of certain information in connection with the application; and WHEREAS, the City Council of the City of Edgewater desires to abandon and vacate a portion of two (2) sixty (60) foot unimproved road right -of-ways known as Nellie Street (60 x 400.48 feet) and Alice Street (60 x 629.28 feet), both portions of which are located within the River Oaks Condominium Project, being more particularly described in Exhibits "A" and "B"; and WHEREAS, pursuant to Section 21-99.03 (Procedures) of the Land Development Code of the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public Hearing before the City Council was provided by regular mail to owners of real property abutting the unimproved roadway and all owners of the property within three hundred (300) feet in all directions of the subject property; and 2006-R-03 1 WHEREAS, pursuant to Section 21-99.03 (Procedures) of the Land Development Code of the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public Hearing was published one (1) time in a newspaper of general circulation in the City of Edgewater by an advertisement that was published in the Observer on May 5, 2006; and WHEREAS, the City Council of the City of Edgewater finds that said application and supporting documents are in accordance with the requirements of Chapter 21 (Land Development Code), Article IX (Application Procedures), Section 21-99 (Abandonments and Vacations) and that the requested action is consistent with the City of Edgewater Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Authority. The City Council of the City of Edgewater has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, and Article IX (Application Procedures) of Chapter 21 (Land Development Code) of the City of Edgewater. Section 2. Abandonment and Vacation. The City Council of the City of Edgewater, Florida, hereby abandons, vacates and renounces any rights in and to the portions of two (2) sixty (60) foot unimproved road right-of-ways known as Nellie Street (60 x 400.48 feet) and Alice Street (60 x 629.28 feet), both portions of which are located within the River Oaks Condominium Project, being more particularly described in Exhibits "A" and "B". See Exhibits "A" and "B" for further legal description and sketch of subject property. Section 3. Recordinl:. A certified copy of this Resolution shall be filed with the Volusia County Property Appraiser and duly recorded into the Public Records of Vol usia County, 2006-R-03 2 Florida, by the V olusia County Clerk of Court. Section 4. Conflictin2 Provisions. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. Section 5. Severability and Applicability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. Section 6. adoption. After Motion by Adoption and Effective Date. This resolution shall take effect upon and Second by the vote on this resolution was as follows to grant/deny the abandoning and vacating of the subject property: AYE NAY Mayor Mike Thomas Councilman Debra 1. Rogers Councilman Dennis A. Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judith Lichter 2006-R-03 3 PASSED AND DULY ADOPTED this 15th day of May, 2006. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP 2006-R-03 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 15th day of May, 2006 under Agenda Item No.6. 4 EXHIBIT "A" Legal Description NELLIE STREET - Proposed AbandonmentNacation ofa Portion of NELLIE STREET: That portion of Nellie Street, a 60 foot right-of-way as per map or plat of Riverfront Estates, Unit No.2, recorded in Map Book 19 at page 31 of the Public Records of V olusia County, Florida, lying easterly of Lots 13 and 14 and Westerly of Lots 15 and 16 of said Riverfront Estates Unit No. 2, and being more particularly described as follows: As a point of beginning commence at the Southeasterly comer of Lot 13 of said Riverfront Estates Unit No.2, thence North 22 degrees, 44 minutes, 48 seconds, West, along the Easterly line of said Lots 13 and 14 also known as the Westerly right-of-way line of said Nellie Street a 60 foot right-of- way, 400.47 feet more or less to the northeasterly comer of said Lot 14; thence North 68 degrees, 45 minutes, 50 seconds, East, along the Easterly projection of the Northerly line of said Lot 14, also known as the Northerly line of said Riverfront Estates, Unit No.2, and the Southerly line of Lot 6 of Riverfront Estates, as per map or plat of record in Map Book 19 at Page 18 of the Public Records of V olusia County, Florida, 60.02 feet to the Northwesterly comer of said Lot 15 of said Riverfront Estates, Unit No.2; thence South 22 degrees, 44 minutes, 48 seconds, East, along the Westerly lines of said Lots 15 and 16 also known as the Easterly right-of-way line of said Nellie Street, a 60 foot right-of-way, 400.4 feet more or less to the Southwesterly comer of said Lot 16; thence South 68 degrees, 46 minutes, 22 seconds, West, along the Westerly projection of the Southerly line of said Lot 16 and the Easterly projection of the Southerly line of said Lot 13, 60.02 feet to the Point of Beginning. Said parcel contains 0.55 acres more or less. ALICE STREET - Proposed AbandonmentNacation of a Portion of ALICE STREET: That portion of Alice Street, a 60 foot right-of-way as per map or plat of Riverfront Estates, Unit No. 2, recorded in Map Book 19 at Page 31 of the Public Records of V olusia County, Florida, lying Easterly of Lots 25,26 and 27 and Wester of Lot 28 of said Riverfront Estates Unit No.2, and being more particularly described as follows: As a point of beginning commence at the Southeasterly comer of Lot 25 of said Riverfront Estates Unit No.2, thence North 22 degrees, 46 minutes, 35 seconds, West, along the Easterly lines of said Lots 25, 26 and 27, also known as the Westerly right-of-way line of said Alice Street, a 60 foot right- of-way, 628.22 feet more or less to the Northeasterly comer of said Lot 27; thence North 68 degrees, 45 minutes, 50 seconds, East, along the Easterly projection of the Northerly line of said Lot 27, also known as the Northerly line of said Riverfront Estates Unit No.2, also known as the Southerly line of Lot 6, Riverfront Estates, as per map or plat or record in Map Book 19 at Page 18 of the Public Records of Volusia County, Florida, 60.00 feet to the Northwesterly comer of Lot 28 of said 2006-R-03 5 Riverfront Estates, Unit No.2; thence South 22 degrees, 46 minutes, 23 seconds East, along the Westerly line of said Lot 28, also known as the Easterly line of said Alice Street, a 60 foot right-of- way, 629.28 feet more or less, to the Southwesterly comer of said Lot 28; thence South 69 degrees, 46 minutes, 32 seconds West, along the Westerly projection of the Southerly line of said Lot 28, also known as the Easterly projection of the Southerly line of said Lot 25, also known as the Northerly right-of-way line of Jones Fish Camp Road, a 60 foot right-of-way, formerly known as Thomas Street per map or plat of said Riverfront Estates, Unit No.2, 60.00 feet to the Point of Beginning. 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Ordinance No. 2006-0-01 Scott Tobin, requesting an amendment to the Official Zoning Map to include 30.01:1: acres ofland located east of US Highway 1 and north of Jones Fish Camp Road and approval of the associated RPUD Agreement. OWNER: Mid Florida Investments LLC APPLICANT/AGENT: Scott Tobin REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RPUD (Residential Planned Unit Development) and approve the associated RPUD Agreement. PROPOSED USE: Multi-family residential condominiums LOCATION: East of US Highway 1 and north of Jones Fish Camp Road AREA: 30.01:1: Acres CURRENT LAND USE: Vacant FLUM DESIGNATION: City - High Density Residential with Conservation Overlay. ZONING DISTRICT: Volusia County - R"6W, R-4W, and I-3W VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Desie:nation Zonine: District North Vacant Volusia County - Industrial V olusia County - 1- 3W (Waterfront Industrial) East Vacant/Indian River Volusia County - Urban V olusia County - RCW (Resource Medium Intensity & Water Corridor) & R-6W (Urban Two Familv Residential) South V acant/Single- Family V olusia County - Urban Volusia County - R-4W (Urban Residential Medium Intensity Single Family Residential) & R-6W (Urban Two Family Residential) West Vacant V olusia County - Urban Volusia County - R-4W (Urban Medium Intensity Single-Family Residential) & B-4W (General Commercial) Background This property is located east of US Highway 1 and north of Jones Fish Camp Road. The applicant is proposing to develop 308 units within two (2) condominium towers with approximately 80-percent dedicated open space on- site. A workshop was held on November 14, 2005 with the applicant, City Council and the Planning and Zoning Board RZ-051O - River Oaks(2) to discuss the proposed development. On December 14, 2005 the Planning and Zoning Board voted 5-1 to send a favorable recommendation to City Council for the proposed development. At the January 23,2006 City Council meeting, a motion to approve this request failed by a vote of 3-2. A motion to continue the first reading of Ordinance No. 2006-0-01 (River Oaks) was approved on February 22,2006 by the City Council. At the continuation offirst reading on May 1, 2006, City Council voted 4-1 to approve the request to amend the Official Zoning Map. Land Use Compatibility The majority of the surrounding area is vacant and single-family residential. The proposed condominiums are compatible with the medium and high-density residential usage currently proposed for property east of US Highway 1 within the City. 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 via a 12-inch water main 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 a six-inch (6") force main. There is currently a Level-of-Service Standard of"B" for this portion of US Highway 1. A traffic study must be submitted and approved prior to development of this site. Natural Environment An environmental impact study must be submitted and approved by City staff prior to development of this site. Comprehensive Plan Consistency The proposed density of 10 units per acre is consistent with the City's High Density Residential Future Land Use (maximum of 12 units per acre) classification. Other Matters The applicant is required to complete the site plan review process, which includes review and approval by the City's Technical Review Committee, the Planning and Zoning Board and City Council. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-01; amending the Official Zoning Map to include 30.01:1: acres of land located east of US Highway 1 and north of Jones Fish Camp Road as RPUD (Residential Planned Unit Development and the associated RPUD Agreement. ACTION REQUESTED Motion to approve Ordinance No. 2006-0-01. PREVIOUS AGENDA ITEM: YES X NO DATE: 1-23-06 2-13-06 3-20-06 5-1-06 AGENDA ITEM NO. 6F 9A 6C 6E ~rrc':rJ' lb1'r:\ Robin Matusick Paralegal on Williams Interim City Manager RZ-051O - River Oaks(2) 2 ORDINANCE NO. 2006-0-01 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-6W (URBAN TWO FAMIL Y RESIDENTIAL); R-4W (URBAN SINGLE FAMILY RESIDENTIAL) AND I-3W (WATERFRONT INDUSTRIAL) TO CITY RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) FOR PROPERTY LOCATED EAST OF U.S. HIGHWAY NO. 1 AND NORTH OF JONES FISH CAMP ROAD, EDGEWATER, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE RIVER OAKS SUBDIVISION; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGE WATER; 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. Scott Tobin, agent/applicant on behalf of AH Edgewater, LLC, owners of property located East of U. S. Highway No. 1 and North of Jones Fish Camp Road, Edgewater, Florida. Subject property contains approximately 30.01 acres more or less. 2. The owner/applicant has submitted an application for a change in zomng classification from County R-6W (Urban Two Family Residential), R-4W (Urban Single Family Residential) and I-3W (Waterfront Industrial) to City RPUD (Residential Planned Unit Development) for the property described herein. 3. On December 14,2005, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 5 - 1, the Board recommended that City Council consider approval of the request. Shtick tluotlgh passages are deleted. Underlined passages are added. 2006-0-01 1 4. On January 23, 2006, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on January 12, 2006. 5. On February 13, 2006, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on February 2, 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 ofthe Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: StnlGk tluongh passages are deleted. Underlined passages are added. 2006-0-01 2 PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County R-6W (Urban Two Family Residential), R-4W (Urban Single Family Residential) and I-3W (Waterfront Industrial) to City RPUD (Residential Planned Unit Development) pursuant to the associated Planned Unit Development (PUD) Agreement for River Oaks Subdivision (attached hereto and incorporated as Exhibit "B"). The following described real property all lying and being in the County of V olusia and State of Florida. Lot 15,16,26,27 and the Easterly 100' of Lot 25, RIVERFRONT ESTATES, Unit No.2, as recorded in Map Book 19, Page 31 of the Public Records of Volusia County, Florida. The South 100' of Lot 6, RIVERFRONT ESTATES, as recorded in Map Book 19, Page 18 of the Public Records of Volusia County, Florida. Together with any riparian rights appertaining thereto. Lots 13 and 14, RIVERFRONT ESTATES, Unit No.2, a Subdivision according to map thereof recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida. (Bearings refer to RIVER PARK MOBILE HOME COLONY SECTION 2, Map Book 32, Page 107 and based on the North line ofIndian River Drive as N 68044'20" E). Lots 28, 31, 32, 35 and 36, RIVERFRONT ESTATES, Unit No.2, as Recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida, and filled land lying East of said Lot 36, together with, any and all accretions, riparian and littoral rights appertaining thereto. EXCEPTING THEREFROM: A parcel of land in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES, Unit No.2, as recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida, described as follows: Begin at the S.W. Stlnck t1uotl!;h passages are deleted. Underlined passages are added. 2006-0-01 3 Comer of Lot 35, RIVERFRONT ESTATES, Unit No.2 as recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida; thence along the Westerly line of said Lot 35, on an assumed bearing run N 22044'32" W, 319.82 ft; thence N 69016'01" E, 633.63 ft, to a Point on the existing shoreline of the Indian River North; thence along the meanders of said shoreline the following courses and distances, S 11051 '56" E, 50.58 ft; thence S 04022'24" E, 62.38 ft; thence S 35002'40" W, 52.93 ft; thence S 02035'13" W, 88.75 ft; thence S 56049'20" E, 35.84 ft; thence S 16014'06" E, 50.88 ft; thence S 20024'24" E, 23.6 ft; to a Point on the South line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot 35, S 69046'32" W, 535.15 ft to the Point of Beginning. Together with any and all accretions, riparian and littoral rights appertaining thereto. Containing 30.01 i acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, 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 Stltlck till ongh passages are deleted. Underlined passages are added. 2006-0-01 4 circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of V olusia County, Florida. PARTF. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. First reading was held on January 23, 2006 with an additional first reading being held on May 1,2006. After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on May 1, 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 Stltlck thlMk!;h passages are deleted. Underlined passages are added. 2006-0-01 5 After Motion by and Second by the vote on the second reading/public hearing of this ordinance was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter AYE NAY PASSED AND DULY ADOPTED this 15th day of May, 2006. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP StllKk tllIOt1~I, passages are deleted. Underlined passages are added. 2006-0-01 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 15th day of May, 2006 under Agenda Item No. 6_. 6 ~ <Iz ~ J 81 . ., ~ ',1 <. 'or,; \~\ \ ~\ \~, \-~ \~. "".""'. ~\ ""."'" \"".~"". ""."".4 . I .... "". -' . "". ""."'" "". I I I I ""."'" ,,"'" I '. ,~ ~~~G ~I'~ ,.,)~ \ -11>-:.. ~~ ,~ Q~ ~~~ ~\,~",,\ \ \;o~~~ \ ~ f\~'\\ o! ~ .~ \ \ \ ~\ . \ \ "'" "".""."'" I ~. ""."'" :..,' . I ,,' . I I I I I I I I I I I I I I I I I ,~ -"".' I i "t r ! : : . . i '-- I I I I I I I . ~. .,,\', THIS INSTRUMENT PREPARED BY: Paul Rosenthal Foley & Lardner, LLP 111 N. Orange Avenue, Suite 1800 Orlando FL 32801 AFTER RECORDING RETURN TO: Robin L. Matusick, Paralegal LEGAL DEPARTMENT CITY OF EDGEW ATER P.O. Box 100 Edgewater, FL 32132-0100 For Recording Purposes Only RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) AGREEMENT River Oaks Condominium THIS AGREEMENT is made and entered into this day of 2006 by and between, the CITY OF EDGEW ATER, 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 AH Edgewater, LLC, owner, whose address is 444 Seabreeze Boulevard, Suite 900, Daytona Beach Florida 32118 (hereinafter referred to as "Developer"). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 30.01:1: acres west of the Indian River, north of Jones Fish Camp Road and east of US Highway 1 in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit" A" - Legal Description. The Record owner of the subject property is AH Edgewater LLC. 2. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. The Developer shall commence construction of River Oaks Condominium, as defined by the Master Plan, dated August 23, 2005 (Exhibit "B" included herein), within one (1) year of required permit approvals (Agreement/Zoning - River Oaks Condo) 1 for this project, or within eighteen (18) months of the effective date of this Agreement. Developer's failure to initiate construction within one (1) year may result in the City's termination of the Agreement. The City, at its sole option, may extend the duration of this Agreement. This development must be consistent with the Master Plan and must be approved by City Council prior to commencement of any authorized work. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT USES PERMITTED The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code as exists May 01, 2006. The Developer further agrees that all development will be consistent with the River Oaks Condominium Master Plan dated August 23, 2005 (Exhibit "B"). River Oaks Condominium shall be developed consistent with the City's RPUD development procedures. Final project approval may be subject to change based upon final environmental, engineering, permitting, and planning considerations. Use of the property will be as follows: A. SizelUnit Count/Lot Size River Oaks Condominium shall not exceed a total on08 condominium dwelling units. The River Oaks Condominium Development will include a clubhouse with pool, tennis courts, and horseshoe pits and a marina with boats slips in accordance with the Boat Facility Siting component of the V olusia County Manatee Protection Plan. B. Minimum Dwelling Unit Size The minimum gross dwelling unit square footage shall be at least 1,500 square feet living area under air. In addition, each dwelling unit will have a minimum of one (1) enclosed parking space. The development will have a minimum of 485 parking spaces. Maximum impervious surface ratio shall be twenty-five percent (25%). Maximum building height shall be one-hundred ninety feet (190'), inclusive of all parapets, mechanical equipment, antennae, decorative features, stairwells, as measured from the lowest parking level slab. Two (2) multi-story condominium buildings with fourteen (14) stories of condominium units over two (2) stories of parking, clubhouse with swimming pool, tennis courts, and horseshoe pits (Agreement/Zoning - River Oaks Condo) 2 and a marina with boats slips in accordance with the Boat Siting Plan.. C. Minimum Building Setbacks: West - 1,300' from US Highway I East - 265' from the Indian River South - 27' from southern property line North - 38' from northern property line Minimum 50' from the Mean High Waterline and 25' from any wetlands vegetation. Maximum Height - 190' D. Roads Improvements with public right-of-ways will be dedicated to the owner(s) of the right-of- way. On-site roads shall be maintained by the Condominium Owner's Association (COA). The developer agrees to add landscaping as approved by the City and FOOT in the median( s) on US Highway 1 fronting this site and will be maintained by the COA. E. Stormwater Management The retention pond(s) will meet the requirements for the St. Johns River Water Management District and the City of Edgewater Land Development Code. The pond(s) are approximately 2.l:l: acres subject to final engineering, and will be owned and maintained by the COA. Developer is required to provide an outfall to a publicly owned drainage conveyance system, and obtain an off- site drainage easement if necessary. Flood Plain Encroachment and Compensatory Storage Criteria. Definitions FEMA - Federal Emergency Management Agency FIS - Flood Insurance Study FIRM - Flood Insurance Rate Map USGS - United States Geological Survey (Agreement/Zoning - River Oaks Condo) 3 NGVD29 - National Geodetic Vertical Datum of 1929 NA VD88 - North American Vertical Datum of 1988 SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to which ground or surface water can be expected to rise a during a normal wet season. SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the zone of water saturated soil at the highest average depth during the wettest season of the year. 100- Y ear Flood Elevation - The flood elevation that has a one percent (I %) chance of being equaled or exceeded each year. The on-site 1 DO-year flood elevation shall be established to the satisfaction of the City Engineer. Establishing the 1 DO-year flood elevation may be based upon a combination of: FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and regional nature; and site-specific assessments signed and sealed by a professional engineer licensed to practice in the State of Florida. Projects located near the coast should evaluate any flooding effects associated with both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones A, AE, AH and AO). In the case of conflicting information, the City will rely upon the highest elevation, unless reasonable assurance can be provided that a lower elevation is justified. Under no circumstances will the City accept a 1 DO-year flood elevation determined by overlaying a FEMA Zone A delineation with any topographic contour information. (Agreement/Zoning - River Oaks Condo) 4 Construction plans and drainage basin maps shall be annotated to clearly and accurately delineate the flood plain encompassed by the applicable on-site 100-year flood elevation. Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot (i.e. I-foot topographic contour interval and IOO-year flood elevation to one decimal accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not adequate to comply with these design standards. Flood plains shall be delineated for all storage areas located within the property boundary as defined by the pre-development topography, even if these areas are not illustrated on FEMA FIRM panels. Historically, flood elevations published by FEMA and other governmental agencies have been determined using the NGVD29 datum, or for that matter any other vertical datum, a "datum shift" may be required to "adjust" the applicable on-site 1 OO-year flood elevation to a common and consistent datum. The SHGWT shall be established by drilling a sufficient number of geotechnical borings, whereas the SHWL shall be determined by an ecological assessment of hydric soils, vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be determined for all wetlands, depressions, and any other low areas within the property boundary that are capable of impounding storm water runoff on the developed property. Flood plain encroachment shall be computed for all fill placed within the flood plain below the 100-year flood elevation and above the predicted SHGWT or SHWL. Compensatory storage for all 100-year flood plain encroachments shall be provided in accordance with the following requirements. (Agreement/Zoning - River Oaks Condo) 5 Compliance will be based upon a volume for volume ("cup for cup") methodology, with the volume of compensation equal to the volume of encroachment at each and every elevation (1-foot contour interval). Providing compensating storage equal to the volume of encroachment at each elevation will provide equivalent flood plain management for all storm events of magnitude less than the 100-year storm event, and is intended to prevent cumulative water quality impacts. Storage creation must occur below the existing 100-year flood elevation and above the predicted SHGWT and/or SHWL. Compensation must occur within dedicated storage areas excavated contiguous to, but outside of, the existing 100-year flood plain. Under no circumstances will compensatory flood storage be allowed within ponds that also provide stormwater management (retention and/or detention) for the proposed development. The City may approve the creation of offsite compensatory storage areas located outside the property boundary on a case-by-case basis. The City reserves the right to enforce additional.criteria upon any project that is located within what the City considers a special flood hazard area. At the City's discretion, additional flood control measures may be required to adequately protect, upstream systems, downstream systems, and/or offsite properties. F. Signage Signage to be located in the center island at the project entrance shall be a ground mounted monument sign with a maximum copy area of thirty-two (32) square feet and shall be internally illuminated. (Agreement/Zoning - River Oaks Condo) 6 G. Trees All City and County minimum tree protection standards shall be satisfied for this development. Approximately twenty-two (22) acres shall be established as open space and shall be maintained by the COA. H. Entrance to Subdivision Entrance to be gated with one (1) entrance lane, two (2) exit lanes with a minimum stacking of five (5) vehicles at entrance gate and provisions for emergency vehicle access. I. Temporary Offices and Signs Temporary Offices - A temporary sales office will be located adjacent to US Highway 1 on the property and meet all Land Development Code standards for setback requirements. The sales office will consist of a double-wide, modular trailer with an improved parking area with handicap accessible parking. The sales office may be permitted after initial site plan approval and will be removed prior to the completion of the project. A four (4) x eight (8) project sign will be installed adjacent to the sales office. The project sign will be removed upon removal of the sales trailer. The developer will obtain separate permits as required for the sales trailer. Flags or insignias which read "model", "open", "open house" or any other phrase which identifies condominiums for sale or reservation may be displayed in the following locations and numbers. The maximum height of such flags shall be eight feet (8') with a maximum size of fifteen (15) square feet. The maximum number of flags shall not exceed two (2). J. Declaration of Covenants. Conditions and Restrictions The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and By-Laws for the Condominium Association will be recorded in the public records of Vol usia County at the time the final plat for River Oaks Condominiums is recorded. (Agreement/Zoning - River Oaks Condo) 7 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for River Oaks Condominium is High Density Residential with Conservation Overlay. The zoning designation for River Oaks Condominium shall be RPUD (Residential Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for RPUD (Residential Planned Unit Development) are applicable to he development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. 5. PUBLIC FACILITIES A. Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable water system at the nearest point of connection along US Highway 1. All water main distribution system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of issuance of a Certificate of Occupancy on the first unit for the first building. B. Developer agrees to connect to and utilize the City's wastewater transmission and collection system. All wastewater collection and transmission system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of issuance of a Certificate of Occupancy on the first unit for the first building. C. The City has determined that reclaimed water will be available in the foreseeable future. The developer shall install piping for future reclaimed water service. D. Developer agrees to provide on and off site current and future utility and drainage easements for drainage and utility service consistent with this provision. (Agreement/Zoning - River Oaks Condo) 8 E. All electrical services will be underground. F. Roadway improvements except in public right-of-ways shall remain private and be maintained by the COA. G. Off-site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, signalization, beautification of medians on US Highway I immediately north and south of intersection of US Highway I and Jones Fish Camp Road) are the developer's responsibility and shall meet all City, County and/or State requirements and approval. H. Impact fees for each dwelling unit will be paid in accordance with the following schedule: Water - Pay 100% of the applicable impact fees to the city by applicant at the time the permit application is signed by the City, thereby reserving requisite water capacity. Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time the permit application is signed by the City, thereby reserving requisite sewer capacity. Police, Fire, Recreation - Paid to City by applicant at the time of each Building Permit application. City Roads - Paid to City by applicant at the time of each Building Permit Application. Volusia County Impact Fees for Roads and Schools - Paid at City Hall by applicant prior to a Certificate of Occupancy. Contribution of $300,000.00 to Kennedy Park Capital Improvement Project. Contribution is to mitigate impacts to Indian River Lagoon. Kennedy Park Project (Agreement/Zoning - River Oaks Condo) 9 includes additional parking, boat trailer parking, stormwater enhancements, public amenities and dockage and will be paid upon issuance of the first building permit issued for a condominium. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. I. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. 1. A concurrency review shall be has been conducted to "11sm" that all and it has been determined that all required public facilities are available "OnCt11lcnt with th" impaGts of the d"vdopmwt for a one (1) year period from the date of this agreement. K. Developer agrees to reimburse the City of Edge water for direct costs associated with the legal review, engineering review, advertising costs and construction inspection related to the River Oaks Condominium development approval and the construction of required infrastructure improvements and the review and approval of the final plat. L. The developer shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Piping for future reclaimed service. 4. Stormwater collection/treatment system, including outfall system. 5. Provide all required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All signage shall comply with Florida Department Of Transportation (FDOT) standards. (Agreement/Zoning - River Oaks Condo) 10 6. Developer is responsible for costs of recording the plat upon approval by the City of Edgewater. 7. Indian River waterfront park improvements to mitigate waterway impacts ($300,000). 8. Bonds - A Performance Bond may be accepted by the City and shall be 110% of the costs of all remaining required improvements. A Maintenance Bond equal to 10% of the cost ofthe infrastructure improvements, including sidewalks, shall be provided to the City prior to the recording of the Final Plat, the issuance of a Certificate of Completion, or issuance of the first Certificate of Occupancy. The Maintenance Bond shall be in effect for a two (2) year period. 9. Sidewalks shall be constructed on both sides of the streets/roadways and have a minimum width of four feet (4') and shall be constructed prior to issuance of a Certificate of Completion. Developer shall provide a bond or surety in a form acceptable to the City in the amount of$10.00 per lineal foot for two (2) years. If sidewalks are not completed within two (2) years, the developer will install the remaining sidewalks. 10. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and maintained by the COA and be installed by the Developer at time of installation of the infrastructure or prior to the Certificate of Occupancy issuance for the first dwelling unit. (Agreement/Zoning - River Oaks Condo) 11 M. Recreational Facilities The River Oaks Condominium Development will include a clubhouse with pool, tennis courts, and horseshoe pits and a future marina with boats slips in accordance with the Boat Facility Siting component of the V olusia County Manatee Protection Plan. 6. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and Land Development Code, as of May 01, 2006, and is compliant with all concurrency requirements set forth in said documents. 7. DEDICATION OF LAND FOR PUBLIC PURPOSES The Developer shall convey to the City of Edgewater, in a form acceptable to the City, all utility and drainage easements as required for utilities serving River Oaks Condominium. The developer has designated 22::1: acres as open space, to be maintained by the Condominium Owners Association, and dedicated in a conservation easement to the City of Edgewater, V olusia County, and the St. Johns River Water Management District. 8. PERMITS REOUIRED The Developer will obtain required development permits or letters of exemption. Permits may include but not be limited to the following: 1. Florida Department of Transportation, Department of Environmental Protection, Department of Health, St. Johns River Water Management District, Army Corps of Engineers, Florida Fish and Wildlife Conservation Commission and V olusia County. 2. City of Edgewater - Rezoning, Site Plan approval, all applicable clearing, removal, construction and building permits. (Agreement/Zoning - River Oaks Condo) 12 3. This site may require a Volusia County Environmental Permit. 4. 100 year flood elevation for this site is seven (7) feet minimum finished floor elevation shall be eight (8) feet. 9. DEVELOPMENT REOUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment, or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived, or as expressly provided or in this Agreement. Developer shall establish a mandatory Condominium Owners Association (COA)for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The mandatory Association will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption and the maintenance of the storm water areas, roads and sidewalks within the River Oaks Condominiums, common area tracts as depicted on the plat,. The Association documents, including applicable articles of incorporation; covenants and restrictions; and by-laws shall be reviewed and approved by the City prior to final plat approval. 10. HEALTH SAFETY AND WELFARE REOUIREMENTS The Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 11. APPEAL (Agreement/Zoning - River Oaks Condo) 13 If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 12. PERFORMANCE GUARANTEES During the term of this Agreement regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. 13. BINDING EFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 14. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Developer. 15. PERIODIC REVIEW The City shall review the development subject to this Agreement every 12-months, commencing 12-months after the date of this Agreement to determine if there has been good faith compliance with the terms ofthis Agreement. Ifthe City finds on the basis on competent substantial (Agreement/Zoning - River Oaks Condo) 14 evidence that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. 16. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in the Agreement. 18. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made in writing by the interested party. Substantial changes, as determined by the City Manager, shall require City Council approval. 19. FURTHER DOCUMENTATION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE Both the City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. (Agreement/Zoning - River Oaks Condo) 15 21. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument 23. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 24. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. (Agreement/Zoning - River Oaks Condo) 16 ATTEST: CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Susan J. Wadsworth City Clerk Michael Thomas Mayor Robin L. Matusick Paralegal Witnessed by: Charles D. Hood, Jr. AH Edgewater, LLC Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before my on this _day of 2006, by , and who has produced as identification and who did (did not) take an oath. Notary Public Stamp/Seal (Agreement/Zoning - River Oaks Condo) 17 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. 1. Lot 15, 16,26,27 and the Easterly 100' of Lot 25, RIVERFRONT ESTATES, Unit No.2, as recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida. The South 100' of Lot 6, RIVERFRONT ESTATES, as recorded in Map Book 19, Page 18 ofthe Public Records of Vol usia County, Florida. Together with any riparian rights appertaining thereto. Lots 13 and 14, RIVERFRONT ESTATES, Unit No.2, a Subdivision according to map thereof recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida. (Bearings refer to RIVER PARK MOBILE HOME COLONY SECTION 2, Map Book 32, Page 107 and based on the North line of Indian River Drive as N 68044'20" E). Lots 28,31,32,35 and 36, RIVERFRONT ESTATES, Unit No.2, as Recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida, and filled land lying East of said Lot 36, together with, any and all accretions, riparian and littoral rights appertaining thereto. EXCEPTING THEREFROM: A parcel ofland in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES, Unit No.2, as recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida, described as follows: Begin at the S.W. Comer of Lot 35, RIVERFRONT ESTATES, Unit No.2 as recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida; thence along the Westerly line of said Lot 35, on an assumed bearingrunN 22044'32" W, 319.82 ft; thence N 690 16'01" E, 633.63 ft, to a Point on the existing shoreline of the Indian River North; thence along the meanders of said shoreline the following courses and distances, S 11 051 '56" E, 50.58 ft; thence S 04022'24" E, 62.38 ft; thence S 35002'40" W, 52.93 ft; thence S 02035'13" W, 88.75 ft; thence S 56049'20" E, 35.84 ft; thence S 16014'06" E, 50.88 ft; thence S 20024'24" E, 23.6 ft; to a Point on the South line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot 35, S 69046'32" W, 535.15 ft to the Point of Beginning. Together with any and all accretions, riparian and littoral rights appertaining thereto. Containing 30.01 ::!: acres more or less (Agreement/Zoning - River Oaks Condo) 18 (Agreement/Zoning - River Oaks Condo) EXHIBIT "B" MASTER PLAN 19 Z:\2005 AutoCAD Projects\0513 - River Oaks Condos\Edgewater 08 -11 - 05.dwg, 9/29/2005 4:28:12 PM, Acrobat PDFWriter SS/lrllfJllrfllJ/'JII 1#~'N..n' \ " . \\ - _\- --- -'- -II- ~. t.. ,~ , ~ i II ,. I I 'I , <M:a: .... ~ ~ J . I . f ~r--- \---- /1-' ..I, o ---/ t ! (~ J \ I ',I \ \. , , \ \\ I \ ~, \ \, , \ ' '-=-... I \ I ........ # I I 'fl,... I I , \ ,,- II - fl, \/' -....lL .J I .. ~--"'--...r---/ II I \\ ..- \I \\ \\ \\ \\ _\I \\ -..... "- "--..., ........- --- I im I I I I j II STAKING SITE PLAN rnJ RIVER OAKS CONDOMINIUMS PROJECT ADDRESS 1 PROJECT ADDRESS 2 EDGEWATER. FLORIDA .... f~ ~ r~' ~ ~ ~ r 0 ~ cs <.n (7E~~'::~~~:M~H.'MI~~:I~~.~~ M :i' Z [ ~ f.IJ l~~ ? ; N.rI!!!l!!~ .... % ~ ~ p :< ~ ..... &A.- RAN". . 801 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 ~AI.. 'III'\I__T........ AGENDA REQUEST Date: Mav 4.2006 PUBLI C HEARING Mav 15. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1 st Reading - Ordinance No. 2006-0-17 James C. Carder, requesting an amendment to the Official Zoning Map to include .24:J: acres of land located along the southwest corner of Falcon Avenue and Mariners Gate Court as R-4 (Multi-Family Residential). APPLICANT/AGENT: James C. Carder OWNER(S): James C. Carder REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-4 (Multi- Family Residential). PROPOSED USE: Construction of a single-family residence. LOCATION: Southwest corner of Falcon Avenue and Mariners Gate Court AREA: .24:f: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Medium Density Residential ZONING DISTRICT: B-3 (Highway Commercial) VOTING DISTRICT: 3 SURROUNDING AREA: Current Land Use FLUM Desienation Zonine District North Single- Family Medium Density Residential RPUD (Residential Residential and Planned Unit Vacant Development) and East Single-Family Low Density Residential B-3 (Highway Commercial) Residential South Pelican Cove West Commercial B-2 (Neighborhood Recreation Center Business) West Vacant Medium Density Residential R-4 (Multi-Family Residential) RZ-0519 - Carder Background This property is currently vacant and north of the Pelican Cove West Recreation Center. The applicant is proposing to construct a single-family residence on this site. At their regular meeting of April 12, 2006 the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council for the proposed amendment. Land Use Compatibility The proposed development of a single-family residence is compatible with the surrounding single-family residential uses. Adequate Public Facilities The site has access to Falcon Avenue, an improved City right-of-way. City water and sewer is available to this site. Natural Environment There are no known environmental issues associated with this property. Consistency with Comprehensive Plan The amendment to the Official Zoning Map will bring the zoning for this parcel into compliance with the Comprehensive Plan Future Land Use Map, as the current zoning classification is not compatible with the Future Land Use designation of Medium Density Residential. Other Matters A variance will be required prior to development to allow a reduction in the side-corner setback. This will be heard by the Planning and Zoning Board at a later date. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-17; an amendment to the Official Zoning Map to include .24:1:: acres ofland located along the southwest corner of Falcon Avenue and Mariners Gate Court as R-4 (Multi-Family Residential). ACTION REQUESTED Motion to approve Ordinance No. 2006-0-17. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. Resp ctfully Submitted By: Darren Lear Development Services Director c:9\0~~ ~ l-l')'1"-l\, Robin Matusick \ Paralegal L/.~ V1ion Williams Interim City Manager RZ-0519 - Carder 2 ORDINANCE NO. 2006-0-17 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CITY B-3 (HIGHWAY COMMERCIAL) TO CITY R-4 (MULTI-FAMILY RESIDENTIAL) FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF FALCON AVENUE AND MARINERS GATE COURT, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. James C. And Rosemary Carder, owners/applicants of property located at the Southwest comer ofFa1con A venue and Mariners Gate Court, Edgewater, Florida. Subject property contains approximately 0.24 acres more or less. 2. The owner/applicant has submitted an application for a change in zomng classification from City B-3 (Highway Commercial) to City R-4 (Multi-Family Residential) for the property described herein. 3. On April 12, 2006, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 7 - 0, the Board recommended that City Council consider approval of the request. 4. On May 15, 2006, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on May 5, 2006. StIUck t1uOtl2;h passages are deleted. Underlined passages are added. 2006-0-17 1 5. On June 19, 2006, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on June 8, 2006, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from City B-3 (Highway Commercial) to City R-4 (Multi-Family Residential). The following described real property all lying and being in the County of V olusia Stl tick till (,tlgh passages are deleted. Underlined passages are added. 2006-0-17 2 and State of Florida. A part of Lots 14 and 15, Highway Subdivision, U.S. Lot 5, Section 2, Township 18 South, Range 34 East, according to the plat thereof and recorded in the Public Records of V olusia County, Florida and more particularly described as follows: Commence at the Southwest comer of U.S. Lot 5, Section 2, Township 18 South, Range 34 East, said point also being the Southwest comer of Lot 15, Highway Subdivision, Map Book 8, Page 222, Public Records of V olusia County, Florida; thence N 00029'20" E, along the Westerly line of said Lots 14 and 15, Highway Subdivision a distance of 18.02 feet to the Point of Beginning; thence continue along said Westerly line a distance of 90.00 feet to the Southerly line of Mariners Gate Court, a 50 foot right of way as now laid out, as Recorded in Map Book 50, Page(s) 99 and 100, of the Public Records of Vol usia County, Florida; thence N 90000'00" E, 82.73 feet (Plat), N 89058'26" E, 82.77 feet (as measured) to a point said point being the P.e. of a curve concave to the Southwest, having a Delta angle of 109028'16" (Plat), 109030'18" (as measured), a radius of25 feet and having a chord bearing ofS 35015'52" E (Plat), S 35016'17" E (as measured); thence Southeasterly along said curve, a distance of 47.77 feet, to a point on the Westerly right-of-way of Falcon Avenue as shown on Pelican Cove West Subdivision Phase 1, Map Book 38, Page(s) 172 and 173 of the Public Records of Vol usia County, Florida, said point being the P.R.C. of a non tangent curve concave to the East, having a Delta angle of 19006'28", a radius of 125 feet and having a chord bearing of S 09059'34" W (as measured), S 09055'30" W (as calculated), thence Southerly along the Westerly right- of-way line of said Falcon Avenue and said curve a distance of a distance of 41.69 feet, to said curves Point of Tangency; thence S 00000'00" E (calculated) S 00008'38" W (as measured) along said Westerly right-of-way line of said Falcon Avenue a distance of 15.83 feet; thence leaving said Westerly right-of-way line, S 90000'00" E, a distance of99.89 feet to the Point of Beginning. Containing 0.24 :i: acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PARTB. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edge water, Florida, to reflect the change in zoning classification for the Stittd-. tIuongh passages are deleted. Underlined passages are added. 2006-0-17 3 above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PARTF. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Stltld" tIll "ugh passages are deleted. Underlined passages are added. 2006-0-17 4 PART G. ADOPTION. After Motion by and Second by the vote on the first reading of this ordinance held on May 15, 2006 is as follows: Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion by AYE and Second by NAY the vote on the second reading of this ordinance was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter Shod. t1l1ot.~h passages are deleted. Underlined passages are added. 2006-0-17 AYE 5 NAY PASSED AND DULY ADOPTED this 19th day of June, 2006. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP StItt"'.. t1u6t1gh passages are deleted. Underlined passages are added. 2006-0-17 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of June, 2006 under Agenda Item No. 6_. 6 f ~ i &: J <jz ~ j -1' ~ AGENDA REQUEST Date: Mav 4. 2006 PUBLI C HEARING Mav 15. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1st Reading - Ordinance No. 2006-0-16 Tom Corbett, requesting an amendment to the Official Zoning Map to include .45:1: acres ofland located west of US Highway 1, and south of 1900 S. Ridgewood Avenue as B-3 (Highway Commercial) . OWNER: Federal Trust Bank APPLICANT: Tom Corbett REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway Commercial). LOCATION: West of US Highway 1, south of 1900 S. Ridgewood Avenue AREA: .45:1: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Medium Density Residential ZONING DISTRICT: R-4 (Multi-Family Residential) PROPOSED USE OF PROPERTY: Retail shopping center and financial institution VOTING DISTRICT: 3 SURROUNDING AREA: Current Use Future Land Use Map Zoning District Designation Shopping North Center/Financial Commercial B-3 (Highway Commercial) Institution Vacant, Retail and Commercial B-3 (Highway Commercial) East Restaurant Commercial and Medium B-3 (Highway Commercial) South Vacant Density Residential and R-4 (Multi-Family Residential) Single- Family Low Density Residential R-2 (Single-Family West Residential Residential) RZ-0604 - Middletown Plaza Background: This property is located to the south of the Florida Shores Shopping Plaza and the Bank of America site. The applicant is proposing to develop a retail-shopping plaza, with an out-parcel designated for a financial institution. This parcel currently has a split Future Land Use and Zoning designation; the majority of the parcel has a Future Land Use of Commercial and is zoned B-3 (Highway Commercial). A small portion of the site, approximately .45 acres has a Future Land Use of Low Density Residential and is zoned R-2 (Single - Family Residential). At their regular meeting of March 8,2006 the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council for the proposed amendment. Land Use Compatibility: The proposed amendment to include this property is compatible with the surrounding commercial area along US Highway 1. Adequate Public Facilities: This site has access to US Highway 1, an arterial roadway system. City water and sewer is available to the site. Natural Environment: A Threatened and Endangered Species Assessment provided to the City on December 19, 2005 indicated the property does not provide suitable habitat for listed threatened or endangered species. Consistency with Comprehensive Plan: A small portion ofthis property has a Future Land Use designation of Medium Density Residential; the majority of the site is Commercial. Therefore, amending the residential portion of the property to Commercial provides consistency with the intent of the Future Land Use Element of the Comprehensive Plan, particularly Policy 1.6.4 which states "Land uses that may generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems." Other Matters: Since the proposed site plan exceeds 25,000 square feet, it shall be reviewed by the Planning and Zoning Board at a later date for recommendation to City Council. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-16; an amendment to the Official Zoning Map to include .45:1: acres of land located west of US Highway 1, south of 1900 S. Ridgewood Avenue as B-3 (Highway Commercial). ACTION REQUESTED Motion to approve Ordinance No. 2006-0-16. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. ~(l-y-~ l~J-C'-\ Robin Matusick . Paralegal ~on Williams Interim City Manager RZ-0604 - Middletown Plaza 2 ORDINANCE NO. 2006-0-16 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-4 (MULTI-FAMILY RESIDENTIAL) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR PROPERTY LOCATED WEST OF U.S. HIGHWAY NO. 1, SOUTH OF 1900 SOUTH RIDGEWOOD AVENUE, EDGEW ATER, 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. Tom Corbett, Florida Concepts, Inc, (agent) on behalf of Federal Trust Bank, owner/applicant of property located West ofD. S. Highway No.1, South of 1900 South Ridgewood Avenue, Edgewater, Florida. Subject property contains approximately 0.45 acres more or less. 2. The owner/applicant has submitted an application for a change in zoning classification from County R-4 (Multi-Family Residential) to City B-3 (Highway Commercial) for the property described herein. 3. On March 8, 2006, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 7 - 0, the Board recommended that City Council consider approval of the request. 4. On May 15,2006, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on May 5, 2006. Stltlck tluotlgh passages are deleted. Underlined passages are added. 2006-0-16 1 5. On June 19, 2006, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on June 8, 2006, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County R-4 (Multi-Family Residential) to City B-3 (Highway Commercial). The following described real property all lying and being in the County of V olusia StlnGk thlongh passages are deleted. Underlined passages are added. 2006-0-16 2 and State of Florida. A part of U.S. Government Lot 3, Section 2, Township 18 South, Range 34 East, Volusia County, Florida and being more particularly described as follows: Commence at the intersection of the Southerly R/W line of Indian River Boulevard, 65 foot R/W, and also known as State Road #442, as shown on map in Map Book 23, Page 57 of the Public Records of V olusia County, Florida and the Westerly R/W line of U.S. Highway No.1, a 158 foot R/W as now laid out; thence S 29000'30" E along the said Westerly R/W, a distance of 547.31 feet to the PC of a curve concave to the West; thence Southerly along said curve having a radius of 11,333.35 feet a central angle of 1039'54", an arc distance of329.34 feet for the Point of Beginning; thence continuing along said curve having a radius of 11,333.35 feet, a central angle of 0038'36", an arc distance of 127.25 feet to the PT of said curve; thence continuing along the Westerly R/W and along the tangent of the previously described curve S 26042'00" E, a distance of 407.75 feet; thence S 89035'34" W, a distance of 593.42 feet; thence N 0007'59" E, a distance of299.98 feet; thence N 62039'16" E, a distance of395.93 feet to the Point of Beginning. Containing 0.45 ! acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PARTB. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, StltlGk tluotlgh passages are deleted. Underlined passages are added. 2006-0-16 3 inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion by and Second by the vote on the first reading of this ordinance held on May 15,2006 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter StltlGk t1uOtlgh passages are deleted. Underlined passages are added. 2006-0-16 4 After Motion by and Second by the vote on the second reading of this ordinance was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter AYE NAY PASSED AND DULY ADOPTED this 19th day of June, 2006. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP StlltGk tlu otlgh passages are deleted. Underlined passages are added. 2006-0-16 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of June, 2006 under Agenda Item No. 6_. 5 ~ II> ~ l ~ <Iz ~ i o '!::: .Q ~i AGENDA REQUEST Date: Mav 4.2006 PUBLI C HEARING Mav 15. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1st Reading. Ordinance No. 2006-0-15 Tom Corbett, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .45::1:: acres of land located west of US Highway 1, and south of 1900 S. Ridgewood Avenue as Commercial. OWNER: Federal Trust Bank APPLICANT: Tom Corbett REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Commercial. LOCATION: West of US Highway 1, south of 1900 S. Ridgewood Avenue AREA: .45::1:: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Medium Density Residential ZONING DISTRICT: R-4 (Multi-Family Residential) PROPOSED USE OF PROPERTY: Retail shopping center and financial institution VOTING DISTRICT: 3 SURROUNDING AREA: Current Use Future Land Use Map Zoning District Designation Shopping North Center/Financial Commercial B-3 (Highway Commercial) Institution Vacant, Retail and Commercial B-3 (Highway Commercial) East Restaurant Commercial and Medium B-3 (Highway Commercial) South Vacant Density Residential and R-4 (Multi-Family Residential) Single- Family Low Density Residential R-2 (Single-Family West Residential Residential) CPA-0606 - Middletown Plaza Background: This property is located to the south of the Florida Shores Shopping Plaza and the Bank of America site. The applicant is proposing to develop a retail-shopping plaza, with an out-parcel designated for a financial institution. This parcel currently has a split Future Land Use and Zoning designation; the majority of the parcel has a Future Land Use of Commercial and is zoned B- 3 (Highway Commercial). A small portion of the site, approximately.45 acres has a Future Land Use of Low Density Residential and is zoned R-2 (Single - Family Residential). At their regular meeting of March 8, 2006 the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council for the proposed amendment. Land Use Compatibility: The proposed amendment to include this property is compatible with the surrounding commercial area along US Highway 1. Adequate Public Facilities: This site has access to US Highway 1, an arterial roadway system. City water and sewer is available to the site. Natural Environment: A Threatened and Endangered Species Assessment provided to the City on December 19, 2005 indicated the property does not provide suitable habitat for listed threatened or endangered species. Consistency with Comprehensive Plan: A small portion ofthis property has a Future Land Use designation of Medium Density Residential; the majority of the site is Commercial. Therefore, amending the residential portion of the property to Commercial provides consistency with the intent of the Future Land Use Element of the Comprehensive Plan, particularly Policy 1.6.4 which states "Land uses that may generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems." Other Matters: Since the proposed site plan exceeds 25,000 square feet, it shall be reviewed by the Planning and Zoning Board at a later date for recommendation to City Council. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-15; an amendment to the Comprehensive Plan Future Land Use Map to include .45:1: acres of land located west of US Highway 1, south of 1900 S. Ridgewood Avenue as Commercial. ACTION REQUESTED Motion to approve Ordinance No. 2006-0-15. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. ~~'"j~JGi"~ Robin Matusick \ Paralegal ~~.~ ~Williams Interim City Manager CPA-0606 - Middletown Plaza 2 ORDINANCE NO. 2006-0-15 AN ORDINANCE OF THE CITY OF EDGEW A TER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003-0-04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY MEDIUM DENSITY RESIDENTIAL TO CITY COMMERCIAL FOR PROPERTY LOCATED WEST OF U. S. HIGHWAY NO.1, SOUTH OF 1900 SOUTH RIDGEWOOD AVENUE, EDGEW ATER, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENT AL 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: 1. Tom Corbett, Florida Concepts, Inc. (agent) on behalf of Federal Trust Bank, owner/applicant for property located West ofU. S. Highway No.1, South of 1900 South Ridgewood A venue, Edgewater, Florida. Subject property contains approximately OAS::!: acres more or less. 2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the owners/applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested Amendment would change the Future Land Use Map designation from County Medium Density Residential to City Commercial for the property described herein. 3. On March 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 2006-0-15 Stl tick thlOtlgh passages are deleted. Underlined passages are added. 1 7 to 0, recommended that the City Council approve the request. 4. In a letter dated April 28, 2006 and June 1, 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 May 15,2006, 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 June 19,2006, 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, June 8, 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 ofthe City of Edge water , Florida regulating and restricting the use oflands 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 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). PARTB. FINDINGS OF CONSISTENCY. The City Council specifically determines that the approved change in the Future Land Use 2006-0-15 Stltlck tmotlgh 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. PARTE. 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. PARTF. 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. 2006-0-15 Stttlck tmough 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 May 15,2006 is as follows: Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion by AYE and Second by NAY the vote on the second reading of this ordinance was as follows: Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 2006-0-15 StI. tick tilt otlgh passages are deleted. Underlined passages are added. AYE 4 NAY PASSED AND DULY ADOPTED this 19th day of June, 2006. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP 2006-0-15 Stltlck tlnOtlgh passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of June, 2006 under Agenda Item No. 6 5 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. A part of U.S. Government Lot 3, Section 2, Township 18 South, Range 34 East, Volusia County, Florida and being more particularly described as follows: Commence at the inter~ection of the Southerly RJW line of Indian River Boulevard, 65 foot RJW, and also known as State Road #442, as shown on map in Map Book 23, Page 57 of the Public Records of Vol usia County, Florida and the Westerly RJW line of U.S. Highway No.1, a 158 foot RJW as now laid out; thence S 29000'30" E along the said Westerly RJW, a distance of 547.31 feet to the PC of a curve concave to the West; thence Southerly along said curve having a radius of 11,333.35 feet a central angle of 1039'54", an arc distance of329.34 feet for the Point of Beginning; thence continuing along said curve having a radius of 11,333.35 feet, a central angle of 0038'36", an arc distance of 127.25 feet to the PT of said curve; thence continuing along the Westerly RJW and along the tangent of the previously described curve S 26042'00" E, a distance of 407.75 feet; thence S 89035'34" W, a distance of 593.42 feet; thence N 0007'59" E, a distance of 299.98 feet; thence N 62039'16" E, a distance of395.93 feet to the Point of Beginning. Containing 0.45 :!:: acres more or less. 2006-0-15 Stl tlGk tht otlgh passages are deleted. Underlined passages are added. 6 ,~ 0" ~ 0 ! ~ z1:> ~ l ~ ! (I) ~ ~I I 0! 11 C ~ C ;:0 m ~ ~~~'r~t~w~~~~~ t'1 ~<iq'::t' S s: ~ ii <:: ." ~ ~ '> ~ ...., ~ a~~~~~~~!~~~ ~ ~ ~??~??~~C:::iS""Ei::j<:: t""-~ Ei c:i;:, t"1 ~ i?: ~. i'i ....::: :So ~;;: ~ otl ~ -,(j.~,.....::: ;:, ..., l1> ..., Q .0 ::: .~.~ ., Cl.. ~ o - '~.~~~ """Il.:i ,~ 0 ~,~ rn OJ ~ in' ...... r:. ~~~~~.;;r l1> ~ ~Oi- ~ ~.:? ~ '" .., ~ ~ ~ ::: ~z [ ~ " {II, '.~ j Q :;! ~ ~ m ~ rr1 :::tJ ~ Z o C (f) m s: ~ AGENDA REQUEST Date: May 09,2006 PUBLIC HEARING RESOLUTION May IS, 2006 ORDINANCE BOARD APPOINTMENT OTHER CONSENT BUSINESS ITEM DESCRIPTION: Resolution # 2006-R-OS A resolution renewing the Interlocal Agreement for Fire and Rescue Service Mutual Aid within V oulsia County. BACKGROUND: The Interlocal Agreement will allow for fire/rescue mutual aid assistance between all participating agencies within the county. Assistance may be requested from participating parties during times of large-scale emergencies that task their resources or to provide back-up response in the requesting party's jurisdiction. ST AFF RECOMMENDATION: Staff recommends adoption of resolution # 2006-R-OS and authorize the Mayor to execute the Interlocal Agreement for Fire and Rescue Service Mutual Aid within V oulsia County. ACTION REQUESTED Motion to adopt resolution # 2006-R-OS and authorize the Mayor to execute the Interlocal Agreement for Fire and Rescue Service Mutual Aid within Voulsia County. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A PREVIOUS AGENDA ITEM: YES NO x DATE: N/A AGENDA ITEM NO. N/A Respectfully submit ~e . Barlow Fire~ escue Chief ~ '::r;" (~ W~ rrY1. A~"-I) Robin Matusick Paralegal ~.~~~~~~ 0 Jon\Williams Interim City Manager '\ RESOLUTION NO. 2006-R-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA, AUTHORIZING PARTICIPATION AND EXECUTION OF AN INTERLOCAL AGREEMENT WHICH PROVIDES FOR FIRE AND/OR RESCUE SERVICE MUTUAL AID WITHIN VOL USIA COUNTY, FLORIDA; AUTHORIZING THE CITY CLERK TO TRANSMIT THE AGREEMENT TO PARTICIPATING CITIES; PROVIDING FOR RECORDING INTO THE PUBLIC RECORDS OF VOLUSIA COUNTY; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND EST ABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida has made the following determinations: 1. Pursuant to the Florida Interlocal Cooperation Act of 1969, as set forth in Section 163.03, Florida Statutes (hereinafter referred to as the "Act"), agencies within Volusia County (the "Cities") are authorized to make efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage; and 2. The Act provides a means by which the Cities may exercise their respective power, privileges and authority which they may separately exercise, but which pursuant to this Interlocal Agreement and Cooperation Act may exercise collectively; and 3. In 1995, the City of Edgewater initially entered into an Interlocal Agreement with numerous Cities within V olusia County and V olusia County relating to Mutual Aid response; and 4. The City has determined that in order to provide for the most efficient health, safety and welfare of the citizens of Edgewater and Volusia County, it is in our best interest to engage in a cooperative effort in the form of the Interlocal Agreement for the purpose of providing mutual aid in a time of emergency. NOW, THEREFORE, be it resolved by the City Council ofthe City of Edge water, Florida: SECTION ONE. In an effort to further enhance our emergency services, the City of 2006-R-05 1 Edgewater, hereby authorizes participation and approval of the Interlocal Agreement for Fire and/or Rescue Service Mutual Aid Within V olusia County, Florida (attached hereto and incorporated herein as Exhibit "A"). SECTION 2. The City Council hereby authorizes the Mayor and Interim City Manager to execute the Interlocal Agreement and for the City Clerk to transmit the Agreement to participating Cities. SECTION 3. City Council further agrees for an original Interlocal Agreement to be delivered to the Clerk of Court for recording into the Public Records of V olusia County, Florida. SECTION 4. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 5. This resolution shall take effect immediately upon its adoption. After Motion by the vote on this resolution was as follows: and Second by AYE NAY Mayor Mike Thomas Councilman Debra 1. Rogers Councilman Dennis A. Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 2006-R-05 2 PASSED, APPROVED AND ADOPTED this 15thday of May, 2006. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP 2006-R-OS CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 15th day of May, 2006 under Agenda Item No. 6_. 3 INTERLOCAL AGREEMENT FOR FIRE AND/OR RESCUE SERVICE MUTUAL AID WITHIN VOLUSIA COUNTY, FLORIDA THIS AGREEMENT made and entered by and between the undersigned parties on the last date signed by a party to be effective for the term stated in Section 19: WITNESSETH: WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes, was promulgated to permit local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, and ' WHEREAS, each party to this Agreement is a Public Agency, as defined under the Florida Interlocal Cooperation Act, and WHEREAS, any Public Agency of this state may exercise jointly with any other Public Agency of this state any power, privilege, or authority which such agencies share in common and which they might exercise separately, and WHEREAS, all the parties to this Agreement have and maintain fire departments with fire, rescue, and emergency medical service personnel, and equipment: and WHEREAS, the parties to this Agreement have determined, in order to most efficiently utilize their separate powers, and at the same time provide for the health, safety, and welfare of the citizens of Vol usia County, to engage in a cooperative effort in the form of an Interlocal Agreement for the purpose of providing mutual aid in time of an emergency. NOW THEREFORE, it is agreed by and between the parties hereto that each of the parties agree to assist the others under the following stipulations, provisions and conditions. 1. Definitions a. Requesting Party - a Public Agency in whose jurisdiction a fire, rescue and/or other emergency occurs and is of such character or magnitude that it cannot be adequately handled by that Public Agency's equipment and/or personnel. b. Aiding Party - a Public Agency requested to furnish fire, rescue or other equipment, and/or personnel to a Requesting Party or another Aiding Party. c. Public Agency - a political subdivision, agency, or officer of this state or of any state of the United States, including, but not limited to, state government, county, city, school district, single and multipurpose special district, single and multipurpose public authority, metropolitan or consolidated government, an independently elected county officer, any agency of the United States Government, a federally recognized Native American tribe, and any similar entity of any other state of the United States. d. Public Safety Agency - a functional division of a public agency which provides firefighting, medical, or other emergency services. 2. Intent The intent of this Interlocal Agreement is to provide mutual assistance in case of a fire, rescue, medical, or other emergency in order to bring the emergency under control in a timely manner or to provide back-up response in the Requesting Party's jurisdiction or providing assistance in a Requesting Party's jurisdiction. 3. Official Request Assistance shall be rendered by any party to this Agreement upon request of the Fire Chief, or the duly authorized representative ofthe Requesting Party. Except as provided in paragraph 6, requests shall be initiated through the Aiding Party's dispatch center for any emergency situation. 4. Apparatus. Equipment. Personnel The number of pieces of equipment dispatched and the number and classifications of personnel to staff such equipment shall be at the discretion of the Aiding Party. 5. Justification for Mutual Aid This Agreement is not intended to represent an automatic aid agreement therefore, prior to requesting aid from another Public Agency which is a party to this Agreement, a Requesting Party must exhaust all the Requesting Party's appropriate resources within the Requesting Party's jurisdiction except that the County of Vol usia must exhaust only those appropriate resources within the region in which the emergency is occurring, as identified by color and number on Attachment - "A". 6. Prior Commitment of Equipment It is understood and agreed that the expectation for assistance is limited to the ability of the Aiding Party's Public Safety Agency to provide such assistance and to provide adequate protection to its own service area including those service areas in other jurisdictions required by other contracts/agreements. 7. Justified Failure to Respond If the Aiding Party's Public Safety Agency is involved in an emergency operation at the time of receiving a request, the Aiding Party may refuse to respond or response may be delayed until such time as the Aiding Party determines it can V olusia County Fire/Rescue lnterlocal Mutual Aid Agreement Page 2 of7 respond. The need for such delay, or inability to respond shall be communicated to the Requesting Party's Public Safety Agency. 8. Priority for Simultaneous Calls a. Preparing to Respond or Responding. If the Aiding Party's jurisdiction is stricken by an emergency situation while the Aiding Party's Public Safety Agency is preparing to respond or is responding under this Agreement, the Aiding Party's Public Safety Agency may recall its equipment and/or personnel as may be needed. The original Aiding Party must communicate the response change to the Requesting Party as set by protocols of the respective fire chiefs. b. On Scene. If the Aiding Party's jurisdiction is stricken with an emergency situation subsequent to the Aiding Party's Public Safety Agency arrival on scene of an emergency in a Requesting Party's jurisdiction and the Aiding Party's Public Safety Agency has received an assignment and/or is engaged in emergency operations the Aiding Party's Public Safety Agency shall remain on scene and continue emergency operations unless or until released by the Requesting Party's Public Safety Agency incident commander. The Aiding Party shall obtain mutual aid from other jurisdictions if needed to deal with the Aiding Party's new emergency situation. The Requesting Party will release the Aiding Party's resources as soon as it is safe to do so or when additional resources are available to assume their assignments. 9. Aidine: Party Release If an Aiding Party's Public Safety Agency is the primary responding agency to an incident, the Requesting Party's Public Safety Agency shall assume control of the incident if there is an available qualified resource to assume control. The Aiding Party's Public Safety Agency may return to its jurisdiction once the emergency has been mitigated and/or adequate/appropriate resources from the Requesting Party have arrived on-scene. 10. Emplovee Insurance and Equipment Liability Each employing Public Agency shall be responsible for the compensation, insurance benefits, including workers compensation benefits, pension benefits, collective bargaining relationship, training, discipline and any other employment status or right for its respective employees. Each employing Public Agency shall remain responsible for all duty assignments, work and vacation scheduling, discipline of employees and all other similarly related personnel matters for its respective employees. The Public Agency owning equipment lost or damaged while performing services pursuant to this Agreement shall bear the risk of loss or damage to said equipment. V olusia County Fire/Rescue lnterlocal Mutual Aid Agreement Page 3 of7 11. Jurisdictional Emoloyee Liabilitv All of the privileges and immunities from liability; exemptions from laws, ordinances and rules; and pensions and relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents or employees of any Public Agency when performing their respective functions within the jurisdictional limits of their respective public agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, or employees extraterritorially under the provisions of this Agreement. 12. Mutual Aid Review Panel/Disoute Resolution If any party to this Agreement believes that a Public Agency is providing or requesting aid that appears to be outside the intent of this Agreement, those concerns shall be addressed in the following manner: a. The concerned party shall express those issues in writing to each party the concerning party believes is operating outside the intent of this Agreement. The President of the VCFCA shall be copied. A written response shall be provided to the party that expressed concerns within fourteen (14) calendar days from receipt of the letter. The President of the VCFCA shall be copied. The respective parties shall meet and attempt to resolve the issue(s). If resolution is reached, the President of the VCFCA shall be notified. b. In the event the issue is not resolved to the satisfaction of each party through the process described in 12(a), the matter may be referred to the President of the VCFCA, in writing by the party that has an unresolved concern. That party may request that the President of the VCFCA appoint a panel of three (3) uninvolved members of the VCFCA that will meet to review the concerns. That panel shall submit their findings and recommendation(s), in writing to the President of the VCFCA who shall inform the involved parties of the findings and recommendation(s). c. In the event that any party to the dispute disagrees with the recommendation, the matter shall then be referred to the respective city and/or county managers for possible resolution. The respective managers shall ensure that any resolution is provided in writing with a copy sent to the President of the VCFCA. In the event the respective managers are unable to resolve the dispute within thirty (30) calendar days, then their respective positions/reasons shall be stated in writing and exchanged between the involved parties. A copy of each shall be provided to the President of the VCFCA. d. The President of the VCFCA shall appoint a committee to develop amended language to the Agreement that is intended to clarify and resolve any disputes of a similar nature in the future. The amended Agreement shall then be submitted to the elected body of each party to the Agreement for approval/rejection. This process will be repeated, if necessary, until a V olusia County Fire/Rescue Interlocal Mutual Aid Agreement Page 4 of7 resolution acceptable to all parties to the Agreement is obtained or until a majority of the parties to the Agreement agree that all reasonable attempts for a resolution have been exhausted. If resolution acceptable to all parties to the Agreement cannot be obtained and a majority of the parties to the Agreement agree all reasonable attempts for a resolution have been exhausted, the President of the VCFCA shall notify each party to the Agreement in writing. The party or parties that are still in dispute may elect to continue to be a party to the Agreement or exercise their rights to terminate their participation in the Agreement, as each deems appropriate or take such other action as may be available legally to that party. 13. Authoritv: General Responsibilities The Requesting Party's qualified designated employee who is in charge of the emergency situation shall adhere to the federally recognized National Incident Management System (NIMS) and shall coordinate and direct Aiding Parties until such time as the emergency is under control. 14. Authoritv Control of Fire. Rescue. Emereency or Disaster The Requesting Party shall be responsible to replace any Aiding Party's resources which request to be relieved or replaced if the incident will exceed four (4) hours in duration. 15. Back-up/Standby Dutv Plan The Volusia County Fire Chiefs' Association shall promulgate a plan acceptable to all parties for coordinating back-up or standby duty under this Agreement. 16. IndemniticationlHold Harmless Each party agrees that it will be responsible for its own acts or omissions and the results thereof as a result of the undertakings that the party has agreed to perform under this Agreement. Each party further agrees that it will indemnify and/or defend any other party, at the other party's option, for any injury to persons or damage to property resulting in any manner from a negligent act or omission of the indemnifying party which arises from the undertakings that the indemnifying party has agreed to perform under this Agreement. 17. Duration of Oblieation of Indemnitv The obligations of indemnity provided by the parties hereto under the terms of this Agreement shall commence on the effective date of this Agreement and shall terminate upon the date which is four (4) years after the earlier to occur of (a) expiration of the Agreement; or (b) for each respective party, the termination of this Agreement by that party as provided herein prior to the expiration date unless a claim is pending which has arisen under this Agreement. In the event a claim is pending, V olusia County Fire/Rescue Interlocal Mutual Aid Agreement PageS of? then such obligation to indemnify shall survive until the claim has been fully resolved and all payments have been made and releases of claim executed. 18. Soverehm Immunitv Notwithstanding anything set forth in any section of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of any party beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature and any liability of any party for damages shall not exceed the statutory limits of liability, regardless of the number or nature of any claim which may arise including but not limited to a claim sounding in tort, equity or contract. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against any party, which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 19. Effective Date and Term This Agreement shall become effective when filed with the Clerk of the Circuit Court of Vol usia County, Florida. This Agreement shall remain in effect for five (5) years from the date of such filing and may be extended for additional terms of five (5) years upon written approval of the parties. 20. Amendments This Agreement may be amended by mutual written agreement of all of the parties. Any amendments to this Agreement shall be effective upon being filed and recorded with the Clerk of the Circuit Court of Vol usia County, Florida. 21. Termination Any party to this Agreement may terminate their participation in the Agreement by providing the other Parties with at least thirty (30) days written notice of the intent to terminate the Agreement. 22. Bindine: Ae:reement This Agreement shall inure to the benefit of and be binding upon each respective party's successor. 23. Invalid or Unenforceable Provisions If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. Volusia County Fire/Rescue Interlocal Mutual Aid Agreement Page 6 of7 24. Entire Al!reement This Agreement contains the entire agreement and understanding between the parties. There are no other understandings, terms, or conditions and no party to this Agreement has relied upon any representation, express or implied, not contained in this Agreement. All amendments to this Agreement must be in writing and executed by all parties. All prior understandings, terms or conditions are deemed to be merged in this Agreement. IN WITNESS WHEREOF, the parties cause these presents to be signed by their duly authorized officers on the above-mentioned date. Attachment "A" Fire Response Regions --- ~ V olusia County Fire/Rescue lnterlocal Mutual Aid Agreement Page 7 of7 Witnesses: CITY OF EDGEW ATER Michael Thomas Mayor Jon Williams Interim City Manager Dated: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 2006, by MICHAEL THOMAS, MAYOR and JON WILLIAMS, INTERIM CITY MANGER, who are duly authorized by the City Council to execute this InterIocal Agreement on behalf of the City. 0 They are personally known to me, 0 or have produced as identification. Notary Public, State of Florida at Large Seal/Stamp: Commission No. INTERLOCAL AGREEMENT FOR FIRE AND/OR RESCUE SERVICE MUTUAL AID QF WITHIN VOLUSIA COUNTY, FLORIDA THIS AGREEMENT made and entered into this day of ~ by and between the undersigned parties on the last date signed by a party to be effective for the term stated in Section 19: WITNESSETH: WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes, was promulgated to permit local government units to make the most efficient use of their powers by enabling them to cooperated with other localities on a basis of mutual advantage, and WHEREAS, each party to this Agreement is a local government unit, or prublic aAgency, or corporation rendering fire protection services under contract with V olusia County, and as defined under the Florida Interlocal Cooperation Act, and WHEREAS, any prublic aAgency of this state may exercise jointly with any other prublic aAgency of this state any power, privilege, or authority which such agencies share in common and which might exercise separately, and WHEREAS, all the parties of this Agreement have and maintain fire departments with fire, rescue, and emergency medical service personnel, and/or rescue equipment~ and personnel, and WHEREAS, the parties to this agreement have determined, in order to most efficiently utilize their separate powers, and at the same time provide for the health, safety, and welfare of the citizens of Vol usia County, to engage in a cooperative effort in the form of an Interlocal Agreement for the purpose of providing mutual aid in time of an emergency. NOW THEREFORE, it is agreed by and between the parties hereto that each of the parties agree to assist the others under the following stipulations, provisions and conditions. 1. Definitions a. Local Government Unit any county, municipality, to'.vn, fire district, or volunteer fire department. Requesting Party - a Public Agency in whose iurisdiction a fire, rescue and/or other emergency occurs and is of such character or magnitude that it cannot be adequately handled by that Public Agency's equipment and/or personnel. b. Public "\gency same as local government unit Aiding Party - a Public Agency requested to furnish fire, rescue or other equipment, and/or personnel to a Requesting Party or another Aiding Party. c. Requesting i\gency a local government unit in \vhose jurisdiction a fire, rescue and/or other emergency occurs and is of such character or magnitude that it cannot be adequately handled by said party's equipment and/or personnel Public Agency - a political subdivision. agency. or officer of this state or of any state of the United States. including. but not limited to. state government. county. city. school district. single and multipurpose special district. single and multipurpose public authority. metropolitan or consolidated government. an independently elected county officer. any agency of the United States Government. a federally recognized Native American tribe. and any similar entity of any other state of the United States. d. Aiding Party a local government unit requested to furnish fire, rescue or other equipment, and/or personnel to a requesting agency or another aiding party. Public Safety Agency - a functional division of a public agency which provides firefighting. medical. or other emergency services. 2. Intent The intent of this Interlocal Agreement is to provide mutual assistance in case of a fire, rescue, medical. or other emergency in order to bring saia the emergency under control in a timely manner or to provide back-up service response in the fRequesting agency's Party's jurisdiction or in an aiding providing assistance in a Requesting party's jurisdiction. 3. Official Request Assistance shall be rendered by any party to this aAgreement upon the request of the Fire eChief, or the duly authorized representative of the fRequesting agencyParty. Except as provided in paragraph 6. RIequests shall be initiated through the aAiding pE.arty's dispatch center for any emergency situation. 4. Apparatus. Equipment. Personnel The number of pieces of equipment dispatched and the number and classifications of personnel to staff such equipment shall be at the discretion of the aAiding PE.arty. 5. Justification for Mutual Aid This Agreement is not intended to represent an automatic aid agreement therefore. prior to requesting aid from another Public Agency which is a party to this Agreement. a Requesting Party must exhaust all the Requesting Party's appropriate resources within the Requesting Party's iurisdiction except that the County of V olusia must exhaust only those appropriate resources within the region in which the emergency is occurring, as identified by color and number on Attachment - "A". 6. Prior Commitment of EQuioment It is understood and agreed that the expectation for assistance is limited to the ability of the Aiding Party's Public Safety Agency to provide such assistance and to provide adequate protection to its own service area including those service areas in other jurisdictions required by other contracts/agreements. ~7 Justified Failure to Resoond If the aAiding ~arty~ Public Safety Agency is involved in an emergency operation at the time of receiving the request, the Aiding Party may refuse to respond or the response may be delayed until such time as the aAiding ~arty may safely determines it can respond. The need for such delayed,or inability to response.g shall be communicated to the fRequesting Public Safety aAgency at--the time of the initial request. ,~ Priority for Simultaneous Calls a. Preparing to Respond or Responding. If the aAiding ~arty's jurisdiction is stricken by an emergency situation while the aAiding ~arty' s Public Safety Agency is preparing to respond or is responding under this Agreement, the aAiding ~arty~ Public Safety Agency may recall sooh its equipment and/or personnel as may be needed and/or initiate the aid of another party to this "\greement to help bring such emergency situation under control. The original Aiding Party must communicate the response change to the Requesting Party as set by protocols of the respective fire chiefs. b. On Scene. If the Aiding Party's jurisdiction is stricken with an emergency situation subsequent to the Aiding Party's Public Safety Agency arrival on scene of an emergencv in a Requesting Party's jurisdiction and the Aiding Party's Public Safety Agency has received an assignment and/or is engaged in emergency operations, the Aiding Party's Public Safety Agency shall remain on scene and continue emergency operations unless or until released by the Requesting Party'S Public Safety Agency incident commander. The Aiding Party shall obtain mutual aid from other jurisdictions if needed to deal with the Aiding Party's new emergency situation. The Requesting Party will release the Aiding Party's resources as soon as it is safe to do so or when additional resources are available to assume their assignments. 9. Aidine: Party Release If an Aiding Party's Public Safety Agency is the primary responding agency to an incident, the Requesting Party's Public Safety Agency shall assume control of the incident if there is an available qualified resource to assume control. The Aiding Party's Public Safety Agency may return to its iurisdiction once the emergency has been mitigated and/or adequate/appropriate resources from the Requesting Party have arrived on-scene. 110. Emplovee Insurance and Equipment Liability Each employing ~ublic aAgency shall maintain appropriate be responsible for the compensation. insurance benefits. including workers': compensation benefits. pension benefits. collective bargaining relationship. training. discipline and any other employment status or right for its 6Wfl respective employees who may sustain injury while performing services pursuant to this Agreement. Each employing Public Agency shall remain responsible for all duty assignments. work and vacation scheduling. discipline of employees and all other similarly related personnel matters for its respective employees The ~ublic aAgency owning equipment lost or damaged while performing services pursuant to this agreement shall bear the risk of loss or damage to said equipment. 811. Jurisdictional Emplovee Liability All of the privileges and immunities from liability; exemptions from laws, ordinances and rules; and pensions and relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents or employees of any ~ublic aAgency when performing their respective functions within the jurisdictional limits of their respective public agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, or employees extraterritorially under the provisions of this Agreement, including training and service as a member of the Hazardous Materials Emergency Response Team. 9. All compensation, if applicable, for personnel shall be borne by the public agency to which said personnel is attached including compensation, if applicable, for the training required of Hazardous Materials Emergency Response Team Members in order to attain and/or maintain minimum proficiency. -14. It is mutually agreed and understood by the parties that no reimbursement for any costs incurred in the performance of this .l^...greement shall be made to an aiding agency by a requesting agency, or to a requesting agency by an aiding agency. 12. Mutual Aid Review Panel/Dispute Resolution If any party to this Agreement believes that a Public Agency is providing or requesting aid that appears to be outside the intent of this Agreement, those concerns shall be addressed in the following manner: a. The concerned party shall express those issues in writing to each party the concerning party believes is operating outside the intent of this Agreement. The President of the VCFCA shall be copied. A written response shall be provided to the party that expressed concerns within fourteen (14) calendar days from receipt of the letter. The President of the VCFCA shall be copied. The respective parties shall meet and attempt to resolve the issue(s). If resolution is reached, the President of the VCFCA shall be notified. b. In the event the issue is not resolved to the satisfaction of each party through the process described in I2(a), the matter may be referred to the President of the VCFCA, in writing by the party that has an umesolved concern. That party may request that the President of the VCFCA appoint a panel of three (3) uninvolved members of the VCFCA that will meet to review the concerns. That panel shall submit their findings and recommendation(s), in writing to the President of the VCFCA who shall inform the involved parties of the findings and recommendation(s). c. In the event that any party to the dispute disagrees with the recommendation, the matter shall then be referred to the respective city and/or county managers for possible resolution. The respective managers shall ensure that any resolution is provided in writing with a copy sent to the President of the VCFCA. In the event the respective managers are unable to resolve the dispute within thirty (30) calendar days, then their respective positions/reasons shall be stated in writing and exchanged between the involved parties. A copy of each shall be provided to the President of the VCFCA. d. The President of the VCFCA shall appoint a committee to develop amended language to the Agreement that is intended to clarify and resolve any disputes of a similar nature in the future. The amended Agreement shall then be submitted to the elected body of each party to the Agreement for approval/rejection. This process will be repeated, if necessary, until a resolution acceptable to all parties to the Agreement is obtained or until a majority of the parties to the Agreement agree that all reasonable attempts for a resolution have been exhausted. If resolution acceptable to all parties to the Agreement cannot be obtained and a majority of the parties to the Agreement agree all reasonable attempts for a resolution have been exhausted, the President of the VCFCA shall notify each party to the Agreement in writing. The party or parties that are still in dispute may elect to continue to be a party to the Agreement or exercise their rights to terminate their participation in the Agreement. as each deems appropriate or take such other action as may be available legally to that party. !-l13. Authoritv: General Responsibilities The fRequesting ggency's Party's qualified designated employee who is in charge of the emergency situation shall adhere to the federally recognized National Incident Management System (NIMS) and shall coordinate and direct aAiding ~arties until such time as the emergency is under control. In incidents involving hazardous materials, the Hazardous Materials Emergency Response Team (HMRT) shall respond, at the request of ranking authority at the scene, and shall support and assist operations under the direction and control of the requesting agency's designated employee who is in charge of the emergency situation, except those personnel assigned to the Hazardous Materials Emergency Response team who shall be directed by the Hazardous Material Emergency Response Team Commander. 14. Authoritv Control of Fire. Rescue. Emen!ency or Disaster The Requesting Party shall be responsible to replace any Aiding Party's resources who request to be relieved or replaced if the incident will exceed four (4) hours in duration. !lIS. Back-up/Standby Dutv Plan The Volusia County Fire Chiefs' Association shall promulgate a plan acceptable to all parties for coordinating back-up or standby duty within the territorial limits of any aiding party under this Agreement. 16. Indemnification/Hold Harmless Each party agrees that it will be responsible for its own acts or omissions and the results thereof as a result of the undertakings that the party has agreed to perform under this Agreement. Each party further agrees that it will indemnify and/or defend any other party, at the other party's option, for any iniury to persons or damage to property resulting in any manner from a negligent act or omission of the indemnifying party, which arises from the undertakings that the indemnifying party has agreed to perform under this Agreement. 17. Duration of Obli2ation of Indemnitv The obligations of indemnity provided by the parties hereto under the terms of this Agreement shall commence on the effective date of this Agreement and shall terminate upon the date which is four (4) years after the earlier to occur of (a) expiration of the Agreement; or (b) for each respective party. the termination of this Agreement by that party as provided herein prior to the expiration date unless a claim is pending which has arisen under this Agreement. In the event a claim is pending. then such obligation to indemnify shall survive until the claim has been fully resolved and all payments have been made and releases of claim executed. 18. Soverei!!n Immunitv Notwithstanding anything set forth in any section of this Agreement to the contrary. nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of any party beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature and any liability of any party for damages shall not exceed the statutory limits of liability. regardless of the number or nature of any claim which may arise including but not limited to a claim sounding in tort. equity or contract. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against any party. which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 19. Effective Date and Term This Agreement shall become effective when filed with the Clerk of the Circuit Court of Vol usia County. Florida. This Agreement shall remain in effect for five (5) years from the date of such filing and may be extended automatically for additional terms of five (5) years unless written notice is provided by any party at least one hundred eighty (180) days prior to the end of the original or any extended Agreement period. 20. Amendments This Agreement may be amended by mutual written agreement of all of the parties. Any amendments to this Agreement shall be effective upon being filed and recorded with the Clerk of the Circuit Court of Vol usia County. Florida. 21. Termination Any party to this Agreement may terminate their participation in the Agreement by providing the other Parties with at least one hundred eighty (180) days written notice of the intent to terminate the Agreement. 22. Hindin!! A!!reement This Agreement shall inure to the benefit of and be binding upon each respective party's successor. 23. Invalid or Unenforceable Provisions If any provision of this Agreement is invalid or unenforceable with respect to any party. the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable. will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 24. Entire A2reement This Agreement contains the entire agreement and understanding between the parties. There are no other understandings. terms. or conditions and no party to this Agreement has relied upon any representation. express or implied. not contained in this Agreement. All amendments to this Agreement must be in writing and executed by all parties. All prior understandings. terms or conditions are deemed to be merged in this Agreement. IN WITNESS WHEREOF, the parties cause there presents to be signed by their duly authorized officers on the above: mentioned date. Attachment "A" Fire Response Regions --- ~ AGENDA REQUEST CM: 2006-46 Date: May L 2006 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS May 15. 2006 ITEM DESCRIPTION: Memorandum of Agreement Between the City of Edgewater and Pet Society, Inc. The purpose of the Agreement is to define the use of a volunteer workforce to assist the City in the operation at the Animal Shelter. The Agreement also defines the role of the City and the Pet Society, Inc. BACKGROUND: The City of Edge water has operated an interim animal shelter since 2003. The Pet Society, Inc. was formed as a non-profit corporation to assist the City in operating, funding and promotion ofthe animal shelter. The Pet Society, Inc. has provided funding for all food and equipment and provided needed volunteer labor for the past three (3) years. Food, labor and funds donated to Pet Society have enabled the City to operate and fund a temporary animal shelter at a reduced cost to the tax payers. Pet Society, Inc. has placed or fostered all adoptable pets since 2003. A formal agreement is suggested as the City moves to completion of a new animal shelter. A voter referendum was approved (11/2/04) to construct a new animal shelter with a voted millage of up to 0.06 mills. The cost of the animal shelter can not exceed $0.5 million. The City has completed a financial transaction for $500,000 and has entered into a construction contract not to exceed $500,000. An agreement similar to the "YMCA Agreement" has been developed and reviewed by the Pet Society, Inc., Animal Shelter Director and City staff. As requested at the City Council meeting of March 21, 2006, a proposed FY 2006/07 budget has been completed and is attached. The annual 2006/07 budget for animal control and the animal shelter is $63,546 exclusive of personnel costs. STAFF RECOMMENDATION: Enter in to a formal agreement with the Pet Society, Inc. for volunteer assistance with the operation of the Animal Shelter. The agreement acknowledges that the Pet Society will act as a non-profit organization to assist in funding the expansion, improvement and operation of the Animal Shelter. The Pet Society will provide advice and recommendations concerning the adoption program. ACTION REOUESTED: Approval of Agreement between the City of Edgewater and Pet Society, Inc. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES X NO DATE: April 17. 2006 AGENDA ITEM NO. 9A I: \liz _docs \agendarequests \petsocietyagreement2 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF EDGEWATER and PET SOCIETY, INC. This Memorandum of Agreement between Pet Society, Inc., (hereinafter known as "Pet Society"), and the City of Edgewater (hereinafter known as "City"). Whereas, the voters of Edge water approved a referendum to authorize the funding ($500,000 with a pledge up to .06 mills of ad valorem tax receipts) for anew Animal Control Shelter (11-2-04). Whereas, the City has planned and designed the Animal Shelter to be constructed on a portion of the 17.34 acres purchased from V olusia County. The property is located west of US 1 and south of Voleo Road. The property is a shared use with potable water storage/pumping and reclaimed water storage/pumping. Whereas, the City plans to initiate construction of the Animal Shelter by May 2006 and plans to complete the project by January 2007. Whereas, the City shall be responsible for the construction, operation and maintenance of the Animal Shelter. Whereas, the Pet Society has indicated a desire to provide financial assistance, a voluntary work force and procedural recommendations for the operation of the Animal Shelter. Therefore, the Edgewater City Council and Pet Society mutually agree that for the benefit of all parties the following agreements and understanding which are set forth: SECTION 1 Major Responsibilities of the Pet Society The Pet Society shall assist the City in the operation and maintenance of the Animal Shelter by providing the following services: 1. Assist with the administration (telephones, clerical, adoptions, exercising of animals and other administrative functions) of the Animal Shelter; 2. Provide volunteers to assist in cleaning, staffing and promotion of the Animal Shelter; 1 Agreement - Pet Society Inc. 2006 3. Reviews and makes recommendations concerning adoption regulations; 4. Fund raising concerning Animal Shelter capital projects, expansion and supplies; 5. Continue to operate as a traditional non-profit membership-based organization; 6. Report quarterly to the City concerning the fund balance, reserves and donations; 7. The Pet Society shall not have the power, right or authority (expressed or implied) to act or perform in such a way as to commit, obligate or bind the City in any manner other than provided in this Agreement. SECTION 2 Major Responsibilities of the City 1. The City shall be the sole owner of the property, Animal Shelter facility and all contents of the Animal Shelter. 2. Notwithstanding, anything contained in the Agreement to the contrary, nothing contained herein is intended to restrict or impair any and all rights possessed by the City as owner and operator of the Animal Shelter. 3. The City shall provide workman's compensation insurance for Pet Society volunteers in the performance of their duties at the Animal Shelter. (FY 2006/07 estimated cost of$3,666.) 4. The City shall annually budget and appropriate the funds necessary for the operation ofthe Animal Control function and the Animal Shelter. (FY 2006/07 proposed Operation and Maintenance budget of $63,546.) 5. The City shall maintain the Animal Shelter in a safe, attractive condition and shall provide ongoing security. 6. The City shall assist the Pet Society with fund raising for the Animal Shelter by newsletters, promotions and active participation by the Animal Shelter Director. 7. The Animal Shelter Director shall be responsible for the daily operation, maintenance and function of the Animal Shelter. SECTION 3 Annual Review Annually, the Pet Society and City staff shall meet to discuss the Animal Shelter program needs, fund raising, policies and procedures and other possible improvements. 2 Agreement - Pet Society Inc. 2006 SECTION 4 Term of the Aereement The term of this Agreement shall be five (5) years with an annual contract review. SECTION 5 Termination of the Agreement The Agreement can be terminated by either party with thirty (30) days written notice. SECTION 6 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and shall be determined by a court of competent jurisdiction in the State of Florida. SECTION 7 Entire Aereement This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties hereto. SECTION 8 Severability The inapplicability or unenforceability of any provision of any provision of the Agreement shall not limit or impair the operation or continued validity of any other prOVISIOn. SECTION 9 Assignability The Pet Society shall not assign this Agreement, or any interest it may have hereunder, without the prior written consent of the City. SECTION 10 Notices All notices, requests and demands to be made or given to the parties hereto shall be in writing and shall be in writing and shall be delivered in reasonable time to the addresses listed below. Such notices, requests and demands, if sent by mail, shall be deemed delivered three (3) days after deposit in the mail, or if delivered by hand or courier, at the time delivered. 3 Agreement - Pet Society Inc. 2006 If to City: City Manager P.O. Box 100 104 N. Riverside Drive Edgewater, FL 32132-0100 With Copy to: Legal Department P.O. Box 100 104 N. Riverside Drive Edgewater, Fl32132-0100 If to Pet Society: Donna M. Wagner 2922 Unity Tree Drive Edgewater, FL 32141 IN WITNESS THERE OF, the PET SOCIETY, INC. and the CITY OF EDGEW A TER, have executed this Agreement on the day of , 2006. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Susan J. Wadsworth City Clerk Michael L. Thomas Mayor Dated: Robin L. Matusick Paralegal WITNESSES: PET SOCIETY, INC.: Donna M. Wagner Board MemberIPresident Dated: Approved by the City Council of the City of Edgewater at a meeting held on this_ day of , 2006, under Agenda Item No. 4 Agreement - Pet Society Inc. 2006 erne CityojP.diJewater llnima{ Services Jlppfication to %{unteer Date Application Received: For office purposes Last Name: First Name: Middle Initial: Zip: Physical Address: City / State: Home Phone:( Work/Cell Phone: :( E-Mail: Emergency Contact Name/Phone:( Driver's License Number/State: Have you been convicted of a felony? If yes, please explain: Have you ever been employed with us before? If yes give date: Education: Are you currently enrolled in high school or college? Circle last year completed High School 1 2 3 4 College 1 2 3 4 Graduate 1 2 3 4 Describe any specialized training or skills: Employment: Are you currently employed? May we contact you at work? May we contact your employer? Current or most recent employer: Briefly describe the work you do: References: Name: Name: Phone: ( Phone:( Phone:( Years Known: Years Known: Years Known: Name: List professional trade, business or civic activities or offices held: Describe any volunteer work that you have done: Please note any physical conditions, including allergies that might affect your volunteer work: Do you have any experience working with animals? Do you have pets? Please tell us about your pets - what type of pets, are they spayed or neutered, are they current on vaccines and licensed? Our volunteers must set a positive example. Please check the volunteer opportunities, which interest you and those in which you have experience: Experience Foster Parenting Front Office/Customer Care Fundraising/ Special Events Education/PublicSpeWring Laundry /Food Prep Livestock Handling Maint. (building/ appliances) Photography Reptile Handling Yard Work Errands Experience Adoption Booths Adoption Counseling Adoption Follow-up Animal Health Tech Bathing/ Grooming Bird Care Cat Care Computer Entry Dog Care Exotic Animal Handling Pocket Pet Care (hamsters, guinea pigs, etc) Interest Interest Many of these jobs are done on a daily basis and others are sporadic. Please indicate the hours that you are available to work and whether or not you could commit to a regular schedule. If you were a part of a fundraising event would you be able to commit a large amount of time? If you offered to run errands would you require much advance notice? Mon. Tues. Wed. Thurs. Fri. Sat. How did you learn about us? Is there someone we may thank for sending you to us? I certify that the information contained on this application is true and complete to the best of my knowledge. I hereby give the City of Edgewater authority to conduct an investigation into my background. I agree to a physical examination if requested, including testing for illegal drugs, controlled substances or alcohol, at any time prior to or during my time as a volunteer. This would be done based on reasonable suspicion and/ or Federal and State regulations. Applicant Signature: Date: If applicant is a minor Guardian Signature: Relationship: 2007 Fire Rescue Department (DRAFT 1) I ------- I I , , No. ._1___._ Animal Services No. I 001-2240-522. '1 ! 31-10 Professional Services TOTALS $0 34-10 10the;rM~:C~~:~~~:~r~~~ITf:s I - _-1- r_--o~_ -= :5_,0_:$0: S helt~~ol'l!~C3c:..t/Ag rel?.rTl_e~t Alarm System Monit~rll'l9..._________ t- ~ $1,200 TOTALS u_ ___________ _ j _ I _ ~_ + $6,200 ---1-----+-- t---- 34-11 Volunteer Services ____.________ _____________..._n ,Animal Workers Compo TOTALS ,- ! 35-10 Investigations --tfOT:~LE Background ghecks =4~=10 lTrav~1 and Per Dier1'1___ . I Misc Education Travel TOTALS i ___l.___---+---_____+_ .' -- $23.50/mth ' . 13 . $3,666 --- t I wn -.-.....-...-.-..i...-. -.-...-.. t---.-... + F" $.-3'6.6..6 ii, -=--=1--$20Tl. b - ----=-$$-i~~ __________________ L __ _____L--+__ .. ----- I I I 41-10~riegh.!~~rvi~~~___w. ._ ________________ Cellular Phone Services t . Ieleph()n_l? Services I I Internet Connections andWebho.sting TOTALS $400 I $400 1......---.-.-., +---t=...-.-. -- I I-L - +--------,---- .... .. - I I . t--- .$..6.6tt..5-+-31. -... $2,160.... I !! $1,600 $100 '1----,1---- '$1)00 $4,960 43-10 Utility Services ~_I Utility~l!I~ I TOTALS 44~lojReni ----~ I ' I TOTALS I 44-20 .1 Operating LeasE!~_ ~TOTALS - ------------+--- ------ , I 1- ~-l -T-=t- ! I I +--- 1+--_________ _ --u-l--~- , 1 ----- i u_.!_1}~ 000 L----.!13,0!)O -+-- -~------~---1 _______n_ $0 - 1-~i=Tj~~_ -~--=-=~~f- _-[f-~- --~t-- $4~~~~ --.-.--==~_ . - ~~ .r--S800 I $85 j 1 .I_~ $1]0 ~____ I"_~_ u $5,970_ I 1----.-.. 46-10 Equipment _ Misc. Radio RePCiirs ~_B.eprogramming I Misc. Repairs to Animal Holding Facility _----+--- ' _________n_n __._ "'__'___' I ! General Repairs __ _________+--__.---+ - . _._n.'_______ L8QQ.rTlhz Radio Batteries I TOTALS -1 T-- 1 4/25/2006 Animal Services No.1 No. ~0~1-2240-522. -- -----L-_________ , $2,500 _ 1~ $2,500 I~- ____________ __ 46-20 Vehicles - . --troTl~~neral ~ehiCleRepairS____--:-___-----':'~~- -----t--- -_.~. . u.._ __..._ . __ _...___n_ __n_ ______ _______ ! 46-~uilding ___=----=-__-=--__=_ ___ ! TOTALS _~=-=n-----,---- - 47-i!Wnting and Blndillg._____________~- ___ ___~~~ines.sCard~ _~.____ - ___ 1__lVIiscPrintinL___ -L ~itation Book~_ ____ TOTALS --e- ---r .-- -- -- --- ------ - -----t-----L-________ 48-~ro~otional Activities/Public Educati~.!!.... _____L-_ __ _ _ _____ __ --+rO_TAL~_______ _ ---.J---~----_________"______._________ 48-11 . Promotional Activities/CPR - .-I- ---, -=-==-=~-==- --=...-- ! TOTALS +- -f----. .-- $75 , --~ ----$75 $75 $225 $0 $0 48-12 '!promotional Activities/c:1iy Safety Program - - ~- r-- ------- ------------- --_=-tTOT~_LS ..====-===.--=- I : ____1__1____.____ - .----.---.. ---- 49-10 . Other Charg~~/Obligations_____ i Misc. Other Charges ---t;-.. ---------- -------- J!r1.noculations__ ________ _TOTALS___ ____ _ --L--- - -- ---,-- 51-10_~ffice SUj)plies - --I----=-__~~-~~---------- 1roTALS -c-+-c-. -----,----- ---...--______ 52-10 Operating Sup.plies_______ ___ ___ _ __ ,__~Station/office Janitor~Supplie~____ J6,QOO J _,-_ _~4,50_0 ~rlimaIFood__ -----__L $1,000 L-_l, 11_+-,.__$_1,000 __ IAC9 Flat Leashes(Box100)___ L_ F5. _ ..! $75 --+ _--.l.A.CO Collar.and Leas~~_______$60+-__ _ _ ,1--+-_ $60 --- L_ i~~t1i~~~eeze Cage -- --- -- L--$~~%L-I-1~ f ~~~~~ ----r~_--i.A.to_ Dog Run Cable_~-__~__---=__ --- $561--- '-T+- $50 Jf_ornpu!ers _. _ _____ ____ _ __ $9~9 2 1 $999 Animal Medication . $5,000! 1 $5,000 -1 ~:~Z~~ls:::,~:s s;PPlies - -<- ~J- $j~~~ I ~I- 61-~:~:~~ == -]!Qt A~~=_-='--=---=----__=__________---~---_____ $16,000 -- l_J___ ________ 52-20j Gas, Oil._lf&_ Diesel Expense_ _____ __ _L_ !Ve~icleFueIG~ ____ ____ TOTALS $0 $500 -1'-- $900 ~---$1 ,050 -S---'- 1,950 --T- -r-....--- ~----r-- $0 1--- $2..200 I $2,200 2 4/25/2006 52-30 Clottling.. n .. _ --- .... :-=1 ~~f~~~e~~~~~~~n~e and Repairs .- 1__ ----- ----_._ iTOT~LS _ 5~!lf roo~A~Ab;"{~b~~~i~ Memberships , -INAcA membership -..- !TOTALS ------ ------ -----=_~..n----==__ 54-20 I Educational Development -" !AnimalControl Level II ~Animal Cont'".ol Lev~11 TOTALS i Animal I Services No. No. I 001-2240-522. . _______..___1 1..______ r--$300-3+..f==J90o 1 $300 __1___ i--____~ _ _ _ __..__..$~,200 , I ,-- ... --,.._------ i _ $75+-_L.l..~___$225 -~::f-$5I-~j__J~~~ 1 r . J----..- r---=-r--"+---..l------..- , $500 ' i 2 i $1 ,000 $106 . i 11--..-....--$100 $1,100 61-10 land I I -. -- - -r---i-------------- --I rOTfL~-~ . ...~. _ - i~+ -=1 -=-t___-=--so ~- ..- I -----i----r- 62c!OiBUil~ingS ..-. .._'_ i .t---, ---- I TOTklS __un i $0 ---- I -..---- ----- ..(. OPERATIONAL SUB-TOTALS $60,046 , -....--- ..-- __.._+--____1 64-10 . Machinery & Equipment 'i _l"QT:~rhZ Radio for Animal ~_elter -.. -I _$~-i-=+H--1~:~~ 'TOff~- --=-=t--+t=E= . $0 'OPERATIONAL TOTALS . -- i ; n__ r-"--I $63,546 3 4/25/2006 AGENDA REQUEST Date: May 15,2006 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD APPOINTMENT OTHER BUSINESS ,/ CONSENT ITEM DESCRIPTION: Agreement for Interim City Manager BACKGROUND: Per City Council instructions May 1, 2006, the attached Agreement for Interim City Manager has been prepared. STAFF RECOMMENDATION: It is the recommendation of staff that the City Council enter into this agreement with Jon Williams. ACTION REQUESTED: Motion to authorize the Mayor to execute this Agreement between the City of Edgewater and Jon Williams for Interim City Manager. FINANCIAL IMPACT (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: 77lCk/ 9',-_Jt'(7~ (/' Respectfully submitted, . ~/buu/~.~ . 7/U Deborah Sigler, Personnel Director YES NO X_ AGENDA ITEM NO. CITY OF EDGEWATER AGREEMENT FOR INTERIM CITY MANAGER THIS AGREEMENT made and entered into this _ day of May, 2006, by and between the CITY OF EDGEW A TER, FLORIDA, a municipal corporation of the State of Florida (hereinafter "City"), and JON WILLIAMS, (hereafter "Interim City Manager"). WITNESSETH: WHEREAS, Jon Williams has demonstrated through his professional and educational experience and performance the level of professional and administrative competency desired by the City in its City Manager; and WHEREAS, as provided by the City Charter, the City Council has the authority to employ the City Manager; and WHEREAS, the City IS desirous of employing Jon Williams as its Interim City Manager; and WHEREAS, Jon Williams has indicated willingness to accept the responsibilities and render specific performance to the City as Interim City Manager; and WHEREAS, both parties feel it would be mutually beneficial to have a contract of employment between the City and the Interim City Manager setting forth agreements and understandings which (1) provide inducement for Jon Williams to accept the job of Interim City Manager, (2) make possible full work productivity by assuring Jon Williams' morale and peace of mind with respect to future security, and (3) provide a just means for modifying Jon Williams' services at such time as the City may desire. NOW, THEREFORE, in consideration of the mutual covenants and promises which the parties set forth below, the City and the Interim City Manager agree as follows: 1. EMPLOYMENT OF INTERIM CITY MANAGER: The City hereby employs Jon Williams as Interim City Manager and Jon Williams hereby accepts such employment upon terms and conditions hereinafter set forth. 2. TERM: The term of this Agreement shall commence on May 2, 2006 and shall continue until such time the City Councilor Jon Williams desire to modify this Agreement. 3. DUTIES: The Interim City Manager shall perform those duties specified in Section 4.02 of the City Charter, City of Edgewater, Florida, as it may from time to time be amended, and all other applicable laws and regulations, and such other legally permissible and proper duties as he may be directed to perform by the City Council. Section 4.02 is attached hereto and incorporated by reference as Exhibit "A". 4. PERFORMANCE EVALUATION: A. Annually, the City Council and Interim City Manager shall define such goals and performance objectives for the Interim City Manager which they determine necessary for the proper operation of the City and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced in writing. These goals and objectives shall generally be attainable within the time limitations as 2 specified and the annual operating and capital budgets and appropriations provided. B. The City Council will evaluate the performance of the Interim City Manager on or before October 1, 2006, and each year thereafter on or before October 1st. As a result of City Council's evaluation of Interim City Manager, the salary of the Interim City Manager may be increased, but not decreased from the prior year's salary levels, by the City Council. Any performance based increase shall become effective upon approval by the City Council. 5. COMPENSA TION Effective May 2, 2006, the Interim City Manager shall receive initial annual compensation of Ninety Five Thousand and no/lOO Dollars ($95,000.00) payable as employee checks are issued by the City. Interim City Manager may designate amounts out of his annual compensation to be paid by the City as deferred compensation, and such payments shall be deposited into the deferred compensation plan selected by the Interim City Manager and deducted accordingly from the annual compensation payments. 6. BENEFITS: A. Except as hereinafter provided, the Interim City Manager shall retain his current employment, benefits, including but not limited to: paid vacation leave, sick leave, personal days, worker's compensation, retirement (current defined benefit plan), life insurance, health insurance and dental insurance. If different types of employee benefits 3 are provided by the City, the Interim City Manager will be entitled to the highest standard of benefits provided by the City to its management employees. B. The City agrees to pay 10% of Jon Williams' salary into the International City/County Management Association for investment into a Defined Contribution Plan and/or a Roth IRA account. C. The City agrees to pay dues for the Interim City Manager's membership in the International City/County Management Association, Florida City and County Management Association and other organizations approved by the City Council where such memberships would be beneficial to the City. The City agrees to pay the cost associated with travel and attendance at the annual conferences of the organizations referred above as approved in the budget by City Council. D. The City recognizes that the Interim City Manager must devote a great deal of time outside the normal office hours to the business of the City, and to that end the Interim City Manager will be allowed to take compensatory time off as he shall deem appropriate during normal office hours. E. The City shall defend, save harmless, and indemnify the Interim City Manager against any tort, ethics complaint, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance 4 of the Interim City Manager's duties except where the Interim City Manager exceeds the scope of his authority or in the case of a conviction for any crime involving moral turpitude or relating to official duties. The City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Said indemnification shall extend beyond termination of employment and the expiration of this Agreement whether the notice or filing of a lawsuit for such tort, claim, demand or other legal action occurs during or following the Interim City Manager's employment with the City. F. The City shall provide the Interim City Manager with a Five Hundred and 00/100 Dollars ($500.00) monthly car allowance payable on the first payroll period of the month for the month in advance. Said allowance shall be intended to reimburse the Interim City Manager for the use of his personal vehicle for local travel, defined as that travel not exceeding fifty (50) miles round trip. All other travel shall be reimbursed to the Interim City Manager at a cents per mile equal to the IRS allowable rate then in effect. 7. MODIFICA TION OF AGREEMENT This agreement may be modified by the City Council with or without cause at any time during the term of this Agreement. This Agreement may be modified by Jon Williams upon thirty (30) days notification to the City Council. Upon modification of this Agreement by Jon Williams or by the City Council, Jon 5 Williams' employment with the City will continue as defined in the Employment Agreement for Finance Director executed April 4, 2006. Said Agreement is attached hereto and incorporated by reference as Exhibit "B". 8. OUTSIDE EMPLOYMENT: Jon Williams recognizes and understands that the position of Interim City Manager shall require his full time attention and accordingly agrees to devote all time necessary to fully discharge his duties. Jon Williams shall refrain from accepting any engagement which would interfere in any way with the faithful performance of his services. However, nothing in this Agreement will be construed so as to prevent the Interim City Manager from accepting honoraria or consulting fees from educational institutions, units of local government or state agencies for lectures, articles, instructional material, consultation in the area of local government law which shall not be in conflict with the Interim City Manager's responsibilities to the City. 9. SEVERABILITY: All agreements and covenants herein are severable, and in the event that a competent court shall hold any of them invalid, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. 10. COMPLETE AGREEMENT IN WRITTEN DOCUMENT: This written Agreement embodies the whole Agreement between the parties and there are no inducements, promises, terms, conditions or obligations made or entered into by either the City or the Interim City Manager other than contained herein. This Agreement shall insure to the benefit of Jon Williams and his heirs. 6 11. NOTICES: All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to Interim City Manager: Jon Williams 414 Central Mariners Gate Drive Edgewater, Florida 32141 If to City: Mayor Post Office Box 100 Edgewater, Florida 32132-0100 With copy to: Legal Department Personnel Department City of Edge water Post Office Box 100 Edgewater, Florida 32132-0100 Except as otherwise provided herein, this Agreement may not be modified or waived unless in writing and duly executed by all parties to this Agreement. IN WITNESS WHEREOF, the parties have made and entered into this Agreement on the dates listed below: ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Susan J. Wadsworth, City Clerk Michael L. Thomas, Mayor Dated: WITNESSES: INTERIM CITY MANAGER Jon Williams Dated: 7 CHARTER ~ 4.02 (2) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be consid- ered repealed upon certification of the election results. (Ord. No. 99-0-20, Pt. G, 9-13-99) ARTICLE IV. ADMINISTRATION Sec. 4.01. Appointment and qualifications of the city man- ager. The city council shall by a majority vote of its total membership appoint a city manager and establish the terms of employment and fix the level of compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. Sec. 4.02. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city and shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge under this charter. The city manager shall: (1) Appoint, and when necessary, suspend or remove, all officers and employees of the city except as otherwise provided by law, this charter, or personnel rules adopted pursuant to this charter. The city manager may authorize any officer subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department or agency; (2) Direct and supervise the administration of all depart- ments, offices, and agencies of the city except as other- wise provided by this charter or by law. (3) Attend all city council meetings. The city manager shall have the right to take part in the discussion but shall not vote. (4) See that all laws, provisions of this charter and acts of the city council, subject to enforcement by the city manager or by officers subject to the manager's direction and super- vision, are faithfully executed; Supp. No. 57 13 . ~ (( i:J- " k)<- h i tJ; f II ~ 4.02 EDGEWATER CODE (5) Prepare and submit the annual budget and capital pro- gram to the city council; (6) Submit to the city council a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, agencies; (8) Keep the city council advised as to the financial condition and future needs of the city; (9) Make recommendations to the city council concerning the affairs of the city; (10) Provide staff support services for the city council; (11) Sign contracts, agreements, or leases on behalf of city to the extent authorized by ordinance; and (12) Perform such other duties as are specified in this charter or may be required by the city council. Sec. 4.03. Acting city manager. By memorandum submitted to the city council, the city man- ager shall designate a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. The council may revoke such designation at any time and appoint another administrative officer of the city to serve until the city manager returns. Sec. 4.04. Creation of departments. The city council may establish city departments, which shall include one or more departments relating to public safety services (Police DepartmentJFire-Rescue Services Department), offices, or agencies in addition to those created by the charter and may prescribe the functions of all departments, offices and agencies, Supp. No. 57 14 .. ... CHARTER ~ 4.07 except that no function assigned by this charter to a particular department, office or agency may be discontinued or, unless this charter specifically provides, assigned to any other. (Ord. No. 2004-0-25, ~ 5(Exh. D-1), 8-2-04) Sec. 4.05. City attorney. The city council shall appoint a city attorney and establish the terms of employment and fix the level of compensation. The city attorney must be admitted to the practice of law in the State of Florida. The city attorney shall be the chief legal advisor to, and attorney for, the city council, city manager, city clerk and all city departments, offices, and agencies and shall perform any other duties prescribed by this charter or as may be required by the city council. The city attorney shall report directly to the city council and shall not be under the supervision and direction of the city manager. Sec. 4.06. City clerk. The city council shall appoint a city clerk and establish the terms of employment and fix the level of compensation. The city clerk shall keep the journal of city council proceedings and be the official custodian of public records. The city clerk shall serve as the elections clerk and shall perform any other duties prescribed by general law, this charter, or as may be required by the city council. The city clerk shall report directly to the city council and shall not be under the supervision and direction of the city manager. Sec. 4.07. Personnel system. (a) All appointments and promotions of city officers and em- ployees shall be made solely on the basis of merit, fitness, and demonstrated ability. (b) Consistent with all applicable federal and state laws, the city council shall provide for the establishment, regulation, and maintenance of a personnel system. (Ord. No. 99-0-20, Pt. K, 9-13-99) Supp. No. 57 15 . ... / ~ 4.08 EDGEWATER CODE Sec. 4.08. Financial and purchasing procedures and reg- ulations. Consistent with all applicable federal and state laws, the city council shall establish procedures and regulations governing the financial management of the city and the city's purchasing system. Sec. 4.09. Administrative code. The city council shall adopt an administrative code setting forth the administrative procedures of each department and the relationship between the city council and the city officers. Sec. 4.10. Code of ethics. Members of the city council, all appointed officers, and all city employees shall be bound by the requirements of the Code of Ethics for Public Officers and Employees, Part III, Chapter 112, Florida Statutes which includes, but is not limited to: standards of conduct for public officers and employees; restriction on the employment of relatives; regulation of voting conflicts; require- ments for disclosure of financial interests and clients represented before agencies; requirements regarding the reporting and pro- hibited receipt of gifts; regulations regarding the solicitation and disclosure of honoraria; and the provision of penalties. Sec. 4.11. Residency requirements for certain city employ- ees. The city manager, city attorney, city clerk, and all department heads in charge of public safety services (Police ChieflFire Chief) shall reside within the corporate limits of the city within six (6) months after the completion of the probationary period unless the requirement is waived by the city council. Except as to the city manager, police chief and fire chief, the city council may waive the residency requirement if the waiver is deemed to be in the best interests of procuring the services of the most qualified profes- sional applicant. Council shall only grant waivers under extraor- dinary circumstances(s) and may impose reasonable conditions, Supp. No. 57 16 ~ .. CHARTER ~ 5.01 such as, for example; limits on the time of the waiver. This section shall not apply to any department head or city employee hired prior to the effective date of this section. (Ord. No. 92-0-6, Pt. B, 4-20-92; Ord. No. 99-0-20, Pt. H, 9-13-99; Ord. No. 2004-0-25, ~ 6(Exh. E-1), 8-2-04) ARTICLE V. ELECTIONS Sec. 5.01. Electors. Any person who is a resident of the city, who has qualified as an elector of this state, and who registers in the manner prescribed by general law and ordinance of the city, shall be an elector of the city. Supp. No. 57 16.1 . ~ CITY OF EDGEW ATER AGREEMENT FOR FINANCE DIRECTOR THIS AGREEMENT was made and entered into on the 24th day of May, 2004 and is amended this 4th day of April, 2006, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation of the State of Florida (hereinafter "City"), and JON C. WILLIAMS (hereinafter" Jon Williams"). WITNESSETH: WHEREAS, Jon Williams has demonstrated through his professional and educational experience that he i~ capable of serving at the highest level of professional and administrative competency and is qualified to serve as Finance Director of the City of Edgewater; and WHEREAS, as provided by the City Charter and the City's Personnel Policy and Procedures for Management Personnel, the City Manager has the authority to employ the Finance Director; and WHEREAS, the City Manager desires to retain the employment of Jon Williams as Finance Director; and WHEREAS, Jon Williams desires to accept the responsibilities and render specific performance to the City as Finance Director; and WHEREAS, both parties feel it would be mutually beneficial to have a contract of employment between the City and the Finance Director setting forth agreements and understandings which, (1) Provide inducement for Jon Williams to accept the position of Finance Director; and (2) Make possible full work productivity by assuring Jon Williams morale and peace of mind with respect to future employment security; and 1 Ethrbi + <'8 Ii (3) Provide a just means for terminating Jon William's services at such time as he or the City Manager may desire to terminate his employ. NOW, THEREFORE, in consideration of the mutual covenants and promises, which the parties set forth below, the City and Jon Williams agree as follows: 1. EMPLOYMENT OF FINANCE DIRECTOR The City Manager hereby agrees to retain the employment of Jon Williams as Finance Director and Jon Williams hereby accepts such employment, all subject to the terms and conditions set forth in this Agreement. The City, Jon Williams and the City Manager acknowledge that the position of Finance Director serves "at-will" of the City Manager. Jon Williams shall devote his full time to act as Finance Director for the City of Edgewater and carry out to the best of his ability all the duties imposed upon him by the City Manager and such other duties as the City, City Council or Florida Law from time to time may direct or require of him. The terms and conditions of employment are hereinafter set forth. 2. TERMS AND CONDITIONS This amended Agreement shall be for a term commencing on April 2, 2006 and shall continue until such time the City Manager or Jon Williams desire to terminate this Agreement. 2 3. DUTIES A. Jon Williams shall have all powers, duties and responsibilities as Finance Director of the City, as provided in the Charter of the City of Edgewater, the Code of Ordinances of the City of Edgewater and the laws of the State of Florida and the United States of America. Jon Williams shall work under the direction and supervision of the City Manager, unless otherwise provided by the City Charter, or the laws of the State of Florida. B. Jon Williams shall maintain and keep current all requirements contained in the job description for Finance Director; to work with local community and social agencies in pursuit of common goals, and create and maintain an effective and motivated Finance Department while promoting professional ethics and values and foster public support. C. Jon Williams shall comply with all applicable laws, rules, and policies contained in the Charter of the City of Edgewater, the Code of Ordinances of the City of Edgewater, the Personnel Policy and Procedures for the City of Edgewater, the laws of the State of Florida, and the United States of America. 4. PERFORMANCE EVALUATION A. Annually, the City Manager, and Jon Williams shall define goals and performance objectives for which they determine necessary for the proper operation of the Finance Department and in the attainment of the department's policies and objectives, and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. These goals and objectives shall generally be attainable with the time limitations 3 as specified and the annual operating and capital budgets and appropriations provided. B. The City Manager will evaluate the performance of Jon Williams in accordance with the City's Personnel Policy and Procedures for Management Personnel. 5. COMPENSATION Jon Williams shall receIve initial annual compensation of Seventy-Five Thousand ($75,000) dollars, which shall be payable in equal installments at the time and manner all other employees of the City are paid. On an annual basis Jon Williams shall receive pay increases at the time and manner all other employees of the City receive pay increases. 6. BENEFITS A. Jon Williams hereby acknowledges that he will continue to participate in the General Employees Defined Benefit Pension Plan and accrue benefits in the same manner as outlined in the plan document. B. Except as otherwise provided herein, Jon Williams shall continue to receive the same benefits as all other City employees stipulated in the City's Personnel Policy and Procedures for Management Personnel, including b~t not limited to: paid vacation leave, sick leave, personal days, worker's compensation, disability, retirement, life insurance, health insurance and dental insurance. If differing types of employee benefits are provided by the City, Jon Williams will be entitled to the highest standard of benefits provided by the City to its management employees. 4 C. Jon Williams is entitled to employee benefits as stipulated In the City's Personnel Policy and Procedures for Management Personnel. D. Jon Williams will continue to accrue vacation, sick and personal leave in a manner consistent with years of service as outlined in the City's Personnel Policy and Procedures for Management Personnel. E. In the event of litigation arising during the term of this Agreement wherein (i) Jon Williams is named as a defendant in his capacity as Finance Director and the City is not named as a defendant in that same lawsuit, or (ii) if both Jon Williams and the City are named as defendants in the same lawsuit and the litigation presents a possible conflict of interest between the City and Jon Williams, said conflict being determined by the City in its sole discretion, then, to the extent permitted by law, the City agrees to pay for the reasonable attorney fees and costs associated with the representation or defense of Jon Williams. 7. PROFESSIONAL ASSOCIATIONS The City agrees to pay membership dues for Jon Williams to participate in various job related associations and/or organizations that are determined by the City Manager to have a public purpose and may be a potential benefit to the City or its residents. The City agrees to pay the cost associated with travel to and attendance at annual conferences of organizations as approved in the budget by the City Manager and City Council. 8. OUTSIDE EMPLOYMENT Jon Williams recognizes and understands that the position of Finance Director shall require his full time attention and accordingly agrees to devote all time necessary to fully 5 discharge his duties. Jon Williams shall refrain from accepting any engagement, which would interfere in any way with the faithful performance of his services. However, nothing in the agreement will be construed so as to prevent Jon Williams from accepting honoraria or consulting requests from educational institutions, units of local government or state agencies for lectures, articles or instructional material, which shall not be in conflict with his duties as Finance Director. All outside employment that is allowed under this Agreement must be approved in advance and in writing by the City Manager prior to any such performance. 9. TERMINATION OF EMPLOYMENT A. This Agreement may be terminated by the City Manager, and Jon Williams removed as Finance Director, with or without cause, at any time during the term of this Agreement. This Agreement may be terminated by Jon Williams upon thirty (30) day notification to the City Manager. Upon termination of this Agreement without cause by the City Manager, Jon Williams shall receive thirty (30) day notification as well as payment equal to the following: 1. The total balance of accrued sick, vacation and personal leave; and 2. Compensation as follows: One hundred eighty-three (183) days for less than ten (10) years tenure with the City; or Two hundred seventy (270) days for tenure of ten (10) years or more with the City; or 6 Jon Williams may elect family health and dental insurance coverage for a period equivalent to the value of said termination paYment. The choice shall be made by Jon Williams at the time of termination notice. B. The City shall be exempt from paYment of said compensation or said insurance coverage if any of the following conditions occur: 1. Conviction of a Felony -In the event Jon Williams' emploYment with the City is terminated due to a conviction of any criminal act that could result in a jail sentence of one (1) year and (1) day or more. 2. Removal from Office by the Governor -In the event Jon Williams is removed from office by the Governor of the State of Florida, pursuant to Section 112.52, Florida Statutes (2000) or is otherwise lawfully removed from office by either the state or federal governments. 3. Termination for cause as defined in the City's Policy and Procedures for Management Personnel as amended from time to time. 10. SEVERABILITY All agreements and covenants herein are severable, and in the event that a competent court shall hold any of them invalid, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. 7 11. COMPLETE AGREEMENT IN WRITTEN DOCUMENT This written Agreement embodies the whole agreement between the parties and there are no inducements, promises, terms, conditions or obligations made or entered into by either the City Manager or the Finance Director other than contained herein. This Agreement shall inure to the benefit of Jon Williams and his heirs. 12. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to City: City Manager City of Edgewater P.O. Box 100 104 N. Riverside Drive Edgewater,FL 32132 (386) 424-2404 With copy to: Legal Department City of Edgewater P. O. Box 100 104 N. Riverside Drive Edgewater, FL 32132 (386) 424-2403 If to Jon C. Williams: Jon Williams 414 Central Mariners Gate Dr Edgewater, FL 32141 13. ASSIGNABILITY Jon Williams' rights and obligations under this Agreement are personal and not assignable. Except as otherwise provided herein, this Agreement may not be modified or waived unless in writing and duly executed by all parties to this Agreement. 8 IN WITNESS WHEREOF, the parties have made and entered into this Agreement on the dates listed below. WITNESSESS: /-~. "-.....~. '.-' ..' , ('-1 ~~f!1Jk WITNESSES: ~",lA ,'Y) do~ ~~~;-1 For the use and reliance only by the City of Edgewater, Florida. Approved as to form And Legality: David V. Kornreich Akerman Senterfitt Attorneys at Law CITY OF EDGEW ATER, FLORIDA ~~ City Manager Dated: ~n '/ ~ ~ D 06 ~~ ~. f/ /<.. .// ,.",., ..pu /:1. . ~ ~n C. Williams Finance Director Dated: ~/';'/ t J,(/?/lG 9 AGENDA REQUEST Date: 5/8/06 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS xx ITEM DESCRIPTION: Reclaimed Water Trunkline, Phase I Bid No. 05-WW-Ol Project Close-out with Change Order No. 1 (Final) BACKGROUND: This Project involved construction of 7000' of 16" reclaimed water main in Florida Shores to boost pressure in the reclaimed water system during high demand periods. All the work has been satisfactorily completed per contract requirements on the City of Edgewater Reclaimed Water Trunkline, Phase I Project. Wiring Technologies, Inc. Change Order No.1 is the Final for Bid No. 05-WW-01 and results in a deduction to the original contract amount as illustrated here: Original Contract Amount Net Deduction by Change Order No. 1 (Final) Contract Amount after Change Order No. 1 (Final) $831,401.50 (27,096.00) $804,305.50 The City's Consulting Engineers for the Project, Quentin L. Hampton Associates, Inc., were able to complete their work for $10,402.97 under budget, resulting in a total savings to the City of $37,198.97 when combined with the construction savings. STAFF RECOMMENDATION: Staff recommends approval of the Project Close"out of the Reclaimed Water Trunkline, Phase I, Bid No. 05- WW-01 and Change Order No.1 (Final), reducing the Contract Amount from $831,401.50 to $804,305.50. ACTION REQUESTED: A motion to accept the Project Close-out of the Reclaimed Water Trunkline, Phase 1, Bid No. 05-WW-01 including Change Order No. 1 (Final), reducing the Contract Amount from $831,401.50 to $804,305.50, and authorizing the Mayor or City Manager to execute the necessary contract documents on behalf of the City. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO DATE: Respectfully submitted, ~~l,0~~ Departmenf. irector C:\'\1y Dociments \ TerrysFiles \AgendaRequest AGENDA ITEM NO. RICHARD W. FERNANDEZ, PE. MARK A. HAMPTON, P.E. BRAD T. BLAIS, P.E. DAVID A. KING, P.E. ANDREW M. GIANNINI, P.E. Quentin L. Hampton Associates, Inc. Consulting Engineers P.O. DRAWER 290247 PORT ORANGE, FLORIDA 32129-0247 TELEPHONE 386/761-6810 FAX # 386/761-3977 Email: qlha@qlha.com May 1, 2006 Terry Wadsworth City of Edgewater P.O. Box 100 Edgewater, FL 32132 RECLAIMED WA TER TRUNK LINE Dear Terry, Enclosed are the Contractor's final pay request, closing paperwork, and the final change order for the project which reduces the contract amount by $27,096.000 for a final contract amount of $804,305.50. Also enclosed is our final invoice in the amount of $18,995.50, which leaves a balance of $10,402.97 on our purchase order for the project. With this submission, no other pay requests or invoices will be forthcoming on this project. Contact our office if you have any questions. DAK:mt Enclosure EW37 Final Docs.doc CONTRACT MODIFICATIONS CHANGE ORDER NO.1 (Final) Date: April 20, 2006 Project: Reclaimed Water Trunkline, Phase 1 Bid No. 05-WW-01 City of Edgewater Contractor: Wiring Technologies, Inc. 871 Sunshine Lane, Suite 105 Altamonte Springs, FL 32714 Reasons for Change: Adjust quantities to agree with those installed in the field SCHEDULE OF ADJUSTED CONTRACT COSTS Original Contract Amount Net Deletion by Change Order NO.1 Final Contract Amount after Change Order No.1 Final $ $ $ 831,401.50 (27,096.00) 804,305.50 Enqineer's Certification The change in price and/or delivery date described, is considered to be fair and reasonable and has been mutually agreed upon in full agreement and final settlement of all claims arising out of the modification incuding all claims for delays and disruptions resulting from, caused by, or incident to such modifications and change orders. The change is acceptable. Wirin Title: Thomas A. Oden ~,c Sf 1'2 r"--- /--- j.lhO~b By: Title: Date: Project Manager 4!ZA,/OV? , f THIS CHANGE IS ACCEPTED BY CITY OF EDGEWATER, FLORIDA Date: ATTEST: By: Kenneth Hooper, City Manager By: Michael L. Thomas Date: Title: Mayor Date: EW37 CO 1 Final.xls CONTRACT MODIFICATIONS CHANGE ORDER NO.1 (Final) Date: April 20, 2006 Project: Reclaimed Water Trunkline, Phase 1 Bid No. 05-WW-01 City of Edgewater Contractor: Wiring Technologies, Inc. 871 Sunshine Lane, Suite 105 Altamonte Springs, FL 32714 Reasons for Change: Adjust quantities to agree with those installed in the field SCHEDULE OF ADJUSTED CONTRACT COSTS Original Contract Amount Net Deletion by Change Order No. 1 Final Contract Amount after Change Order No.1 Final $ $ $ 831,401.50 (27,096.00) 804,305.50 Enaineer's Certification The change in price and/or delivery date described, is considered to be fair and reasonable and has been mutually agreed upon in full agreement and final settlement of all claims arising out of the modification incuding all claims for delays and disruptions resulting from, caused by, or incident to such modifications and change orders. The change is acceptable. ~c. By: ;c~ Thomas A. Oden ~ :uentin L. Hz:7JZat~s David A. King, P.E. Title: ~d )yhf)~~ I Title: Project Manager Date: 4:( 2-~(O It THIS CHANGE IS ACCEPTED BY CITY OF EDGEWATER, FLORIDA Date: ATTEST: By: Kenneth Hooper, City Manager By: Michael L. Thomas Date: Title: Mayor Date: EW37 CO 1 Final.xls CONTRACT MODIFICATIONS CHANGE ORDER NO.1 (Final) Date: April 20, 2006 Project: Reclaimed Water Trunkline, Phase 1 Bid No. 05-WW-01 City of Edgewater Contractor: Wiring Technologies, Inc. 871 Sunshine Lane, Suite 105 Altamonte Springs, FL 32714 Reasons for Change: Adjust quantities to agree with those installed in the field SCHEDULE OF ADJUSTED CONTRACT COSTS Original Contract Amount Net Deletion by Change Order No. 1 Final Contract Amount after Change Order No.1 Final $ $ $ 831,401.50 (27,096.00) 804,305.50 Enaineer's Certification The change in price and/or delivery date described, is considered to be fair and reasonable and has been mutually agreed upon in full agreement and final settlement of all claims arising out of the modification incuding all claims for delays and disruptions resulting from, caused by, or incident to such modifications and change orders. The change is acceptable. Wiring Technologies, Inc. BY:~ Title: ~;.:~ "Lv ~6 I Title: Date: Date: Project Manager t I ? lP I 0\.0 , , ATTEST: THIS CHANGE IS ACCEPTED BY CITY OF EDGEWATER, FLORIDA By: Kenneth Hooper, City Manager By: Michael L. Thomas Date: Title: Mayor Date: EW37 CO 1 Final.xls CONTRACT MODIFICATIONS CHANGE ORDER NO.1 (Final) Date: April 20, 2006 Project: Reclaimed Water Trunkline, Phase 1 Bid No. 05-WW-01 City of Edgewater Contractor: Wiring Technologies, Inc. 871 Sunshine Lane, Suite 105 Altamonte Springs, FL 32714 Reasons for Change: Adjust quantities to agree with those installed in the field SCHEDULE OF ADJUSTED CONTRACT COSTS Original Contract Amount Net Deletion by Change Order No. 1 Final Contract Amount after Change Order No.1 Final $ $ $ 831,401.50 (27,096.00) 804,305.50 Enaineer's Certification The change in price and/or delivery date described, is considered to be fair and reasonable and has been mutually agreed upon in full agreement and final settlement of all claims arising out of the modification incuding all claims for delays and disruptions resulting from, caused by, or incident to such modifications and change orders. Title: The change is acceptable. __,~~o~~es, Inc. By: f~ ~ Thomas A. Oden :;:i 6 Quentin L. H B: Title: Date: Date: Project Manager 4/~lP/o~ I I ATTEST: THIS CHANGE IS ACCEPTED BY CITY OF EDGEWATER, FLORIDA By: Kenneth Hooper, City Manager By: Michael L. Thomas Date: Title: Mayor Date: EW37 CO 1 Final.xls SECTION 00844 APPLICATION AND CERTIFICATION FOR PAYMENT FORM Application No. THREE (3) Progress Final xxxxx i::ngineer's Project No.: 05-WW-01 CITY OF EDGEWA TER RECLAIMED WA TER TRUNKLlNE, PHASE I BID No. 05-WW-01 Contractor: WIRING TECHNOLOGIES, INC. 871 Sunshine Lane Suite 105 Altamonte Springs, Florida 32714 Contract Date: March 31, 2005 Contract for: Reclaimed Water Trunkline Phase I March 24, 2006 For Period Ending: 3/24/06 \pplication Date: IChange Order Summary 'Change Orders approved in t. ADDITIONS DEDUCTIONS (Jrevious months by OWNER lA.pproved this month TOTAL ;-.Jumber Date approved I " I I TOTALS Net Changes by Change Orders L..", 1 ORIGINAL CONTRACT SUM $ v" 831,401.50 2 Net Changes by Change Order Subtract $ vi 27,096.00 3 CONTRACT SUM TO DATE (Line 1 and 2 ) $ ..,. 804,305.50 4 TOTAL COMPLETED AND STORED TO DATE $ V' 804,305.50 5 RETAINAGE (Column 1& N, Forms 00845 and 00846) .k a. 10 % of Completed Work $ 0.00 " b. 10 % of Stored Materials $ 0.00 I Total Retainage (Line 5a and 5b ) $ 0.00 6 TOTAL EARNED LESS RETRAINAGE $ t/ 804,305.50 ~ ( Line 4 less Line 5 Total) ,.. 7 LESS PREVIOUS CERTIFICATES FOR PAYMENT $ V' 512,929.28 ; !.: ( Line 6 from prior Certificate) 8 AMOUNT DUE THIS APPLICATION $ v 291,376.22 9 BALANCE TO FINISH, PLUS RETAINAGE $ 0.00 ( Line 3 minue Line 6 ) ~~A~ Contractors Certification ,rhe undersigned Contractor hereby swears under pentalty of perjury that (1) all previous progress '.Jayments received from the Owner on account of work performed under the contract referred to '_above have been paid by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment numbered 1 through . 2. inclusive; and (2) all materails and equipment incorporated in said Project or otherwise listed iand encumbrances; (3) all Work covered by this Application for Payment is in accordance with the :Contract Documents and not defective as that term is defined in the Contract Documents. Dated: March 24 ,2006 WIRING TECHNOLOGIES, INC. By: _;-:;:,;!'1.~__~~~~::.:Y: (,/ Thomas A. Oden .---".". ::----......- President COUNTY OF SEMINOLE ,STATE OF FLORIDA Before me on this Vf'117 day of A P,2 I L , 2006, personally appeared Thomas A Oden ,known to me, who being duly sworn, deposes and says that (s)he is ;he President of the Contractor above mentioned; that(s)he execuated the above Application for Payment and statement behalf of said Contractor; and that all of the statements contained therin are true, correct and complete. S2L;> GJ.dLo a.- N tary Public My Commission Expires J /1- 7 fL.-Cl/O NOTARY PUBUC-STATE OF FLORIDA I I ~JOhn E. Gidusko, Jr. Commission # D0498096 . Engineer's Recommendation Expires: JAN. 27, 2010 Bonded Thru Atlantic Bonding Co., Inc. Payment of the above AMOUNT DUE THIS APPLICATION is recommended. L Quentin L. Hampton Associates, Inc. . / By: II /& ,.z~ -~ , 4/2,"/0 ~ J Date: Owner's Approval By: (Title) ''.\cct. 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W 0... 0... 1-1- U><CI-><><~><<CO:::<c<c<C<C _ _ <.9_ _ _ _ _ 1-0:::1-1-<.9<.9 ~~OJ~~~~~<O<(OJOJ<O~ o U <c<cco<cwwwwcow<C<CUO .....NNC")C")C")C")C")C")NI'-I'-NN o o o o o o N ~ <0 "<t <0. N 0> Z o I- U W (J) LL o o Z w ..... I <0 "<t 00 o o N ~ <0 "<t <0 N 0> SECTION 00680 RECEIPT AND RELEASE KNOW ALL MEN BY THESE PRESENTS: That the undersigned Thomas A. Oden of Wiring Technologies, Inc. was heretofore, on March 31 st, 2005, award a Contract by The City of Edgewater for the Contract Price of $831 AO 1.50 to furnish all the materials and labor in the construction of a project entitled: Water Trunkline, Phase1, Bid No. 05-WW-01, in accordance with the plans and specifications therefore, as prepared by Quentin L. Hampton Associates, Inc., Engineers, and the undersigned has completed said work and fully complied with said Contract and has heretofore received the sum of $804,305.50 as payment thereon. That the undersigned has this date received from The City of Edgewater the sum of$804,305.50, representing the full balance due Wiring Technologies, Inc. as Contractor, under the terms of said Contract, and certified that said Contract has been fully performed in accordance with the terms thereof, and that Wiring Technologies, Inc. has paid in full all persons furnishing labor and/or materials in connection therewith, including all subcontractors and suppliers, and that there are no unpaid bills for labor performed or materials furnished in connection with said work or improvements. That the undersigned, for value received, does hereby forever release and discharge the said The City of Edgewater as described in the said Contract, from any and all liens, claims or demands whatsoever that Wiring Technologies, Inc. has or may have for work performed or materials furnished thereon by any subcontractor or supplier and that Wiring Technologies, Inc. will hold harmless the The City of Edgewater from any and all loss and liability arising or to arise by reason of any unpaid bills for labor performed or materials furnished on said project in connection with said work or improvements. IN WITNESS WHEREOF, the undersigned has hereto set His hand and seal this 24th day of April, A.D., 2006. ~~ ----" Wiring Technologies, Inc. CON~~G-'~/ /' By( Witnessed by: Title Thomas A. Oden - President State of: Florida County of: Seminole Before me, the undersigned authority, personally appeared Thomas A. Oden, to me well known and known to me to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 24th day of April A.D., 2006. I /) / VA;> r;;~/ba--/ My Commission Expires: 1-27-2010 ohn E. Gidusko, Jr. NOTARY PUElle-STATE OF FLORIDA Notary Public, State of Florida WJOhn E. Gidusko, Jr. Commission # DD498096 Expires: JAN. 27, 2010 1Il)!\"p.a Thrn Atlantic Bonding Co., Inc. WAIVER AND RELEASE OF LIEN FINAL PA YMENT 4EC 12038876 The undersigned lien or, in consideration of the final payment in the amount of the $10.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to WIRING TECHNOLlGES for the following property: 2323 WILLOW OAK DRIVE EDGEWA TER VOLUSIA COUNTY, FLORIDA Dated on MARCH 28, 2006 Rinker Materials Corporation 3365 East Industry Road Cocoa, FL 32926 321-633-0699 By .AL~ LOtA SUNDSTROM Credit Representative ubscribed before me this 28TH day of MARCH, 2006 My Commission expires: /" i~'t#oY ~ Notary Public State of Florida . . Judy Strader ~ '/ My Commission DD4046a2 0,,, Expires 03108/2009 NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lien or to furnish a waiver or release of lien that is different from the statutory form. THIS RELEASE IS CONTINGENT UPON RECEIPT OF THE FUNDS STA TED HEREIN, AND CLEARANCE OF THE FUNDS BY THE DRAWEE BANK AND SHALL NOT BE EFFECTIVE UNTIL SUCH CONTINGENCY OCCURS. WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to WIRING TECHNOLOGIES. INe. on the job of CITY OF EDGEW A TER to the following described property: CITY OF EDGEWATER RECLAIMED WATER TRUNKLlNE PHASE I 7 TH STREET & WILLOW OAK DRIVE EDGEWATER, FL CITY OF EDGEWATER RECLAIMED WATER TRUNKLlNE PHASE I...AS DIRECTED PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA Dated on MARCH 28. 2006 County of Polk State of Florida Utility Pipe Sales, LLC 6651 State Road 544 Winter Haven, FL 33881 By: /rfct f (] )) {tAl j 17, ,be / ' LOUAN CRUMBLY G Acknowledged before me this ~ 9-Mday of fvlAiLC.-iJ .2006. ~'Kow/-ey Notary Public My Commission Expires: ()c.lvbcr / to , 20 [; '7. .....,.......,..-.........-.---'.-.-'.- ,"".,''''~ 'ROBIN Rr::FO! .6,~.!'1iZ'~.. n 'rj ! ."""W)'~ NO. Ian,' P IJbli~. S.. . ",o.rl R '. :41': ~.' " ,.1 "": ' ; ;'(1"7 ioi: .: Mil comm, expl'r . ,".d. ~ ~, J' . ,...~"'m N" . ~!;",:,~,-;< 1 'O,fjf'xs' ,..",.,., . ,... ] WAIVER OF LIEN Page 1 of2 This Instrument Prepared By: FERGUSON WATERWORKS (126) 7816 PROFESSIONAL PLACE TAMPA FL 33637 29890 FINAL WAIVER OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of $1 0.00 to the undersigned in hand this day paid by WIRING TECHNOLOGIES INC, on the job of CITY OF EDGEW A TER (owner), the receipt of which is hereby acknowledged, the undersigned hereby does waive, release, remise and relinquish any and all right to claim any lien or liens for work done or materials furnished, or any kind of class of lien whatsoever on the following-described property: (legal description of property) CITY OF EDGEWATERRECLAIMED WATER TRUNK LINE PHASE 1, 104 N RIVERSIDE DR CITY OF EDGEW A TER VOLUSIA COUNTY FLORIDA (BOND NO:SLC 42404) The undersigned certifies that all labor, services and/or materials described herein have been provided prior to the execution and delivery of this document. Witness my hand and seal this )c:;s day of J t\ n h. ,2006 . Witnesses: Signature FERGUSON WATERWORKS (126) (Nee ofLieno~ By: ~v\rl,tJJ it. t.;;?/ DANIEL RAY Printed Name Signature Lienor's Address: 7816 PROFESSIONAL PLACE TAMPA, FL 33637 Printed Name STATE OF FLORIDA, SWORN TO AND SUBSCRIBED before me by DANIEL RAY who is pp,r~onally known to me or produced as identification, and who did _ take an oath, this ~ day of /~(qv('''' 20~. Signature of Notary l ) ~\I--"')~ Printed Name of Notary Commission No. Commission Expiration SEAL: ") )1-<) Wi-'f https://www.nacmflorida.org/weborllwwiz.asp 3/2812006 .. , MAINTENANCE BOND Bond No.: FLC42402MTC KNOW ALL MEN BY THESE PRESENTS that we, Wiring Technologies, Inc., hereinafter referred to as "Principal" and Merchants Bonding Company, hereinafter referred to as "Surety", are held and firmly bound unto City of Edgewater, Florida, hereinafter referred to as the "Obligee", in the sum of TWO HUNDRED SEVEN THOUSAND EIGHT HUNDRED FIFTY AND NO/lOOTHS ($207,850.00) Dollars, for the payment of which we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is required to guarantee the CertainTeed Ceerta-Lock pipe at Reclaimed Water Trunkline, Phase I, Bid No. 05-WW-Ol against defects in materials or workmanship which may develop during a period of 2 Y ear( s) from 04/03/2006 to 04/03/2008 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good, at its own expense, any and all defects in materials or workmanship, in said work, which may develop during the period, or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. SIGNED, SEALED AND DATED this 29th day of March, 2006. Wiring Technologies, Inc. 871 Sunshine Ln. AltamQnte Sprines. FL 32714 (Principal) (Seal) (Seal) B~ -1f(;.., tJ S ;J. 0 Ok ,../ PAtS. pril L. Lively, Attorney in Fact & Florida Licensed Resident Agent Inquiries: (407) 834-0022 .. ", Merchants Bonding Company (Mutual) POWER OF ATTORN EY Bond No. FLC42402MTC Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint April L. Lively, M. Gary Francis, Jack W. Guignard, Paul 1. Ciambriello, Bryce R. Guignard, Deidre A. Sullivan, Jennifer L. McCarta, Katie N. Bird, Margie L. Morris and/or Brett A. Ragland of Longwood and State of Florida its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January, 2003. ...- -.. .. \~G CO.. .. ~~..,.... ..I1t,lO... "<Q~"~ \\PO ""..f':?~.. : "':'~ ~':;..to ~ :~:- -0- o:_e .4:. 1933 :~: . L.. . c:::-. .'~"'. .. ~. . "~. 'Joe::;.. ... ~iV'''''' ..~--:.. .. 1::! . ....... STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) ~~7~ President On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. Ij) MARILYN BOYD . "commission Number 10012 o . My Commission Expires ... November 4, 2004 STATE OF IOWA COUNTY OF POLK ss. ~~ Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 29 day of March ,2009 MSC 0814 (2/03) .ee.,.,. ... \~G Co ~.. . ~~.........I1t,lO. ..~... ~ \\ PO..,.:.;, ,-9';.. · . ~ ." ..... '. ;..to . :~:~ -0- (1\~_: .Z: 0;3:. · 4 '. 1933 :. . L.. . c:::-. .-~'. .. ~~ '. ~" ...Joe::;.. ..~iV'...... \0--:.. .. ~ . ....... p'~~~~, Secretary " .,. SectIon 00690 CONSENT OF SURETY For Final Payment Project Name: Reclaimed Water Trunkline. Phase 1 BOND NO. FLC42402 Location: On 1 th Street and Willow Oak Street. Edqe Water. FI Bid No. 05-WW-Ol Contract No. Reclaimed Water Trunkline. Phase 1 - Bid No. 05-WW-01 Type of Contract CONSTRUCTION Amount of Contract $831.401.50 In accordance with the provisions of the above-named contract between the Owner and the Contractor, the following named surety: MERCHANTS BONDING COMPANY, 2100 FLEUR DRIVE, DES MOINES, IA 50321 on the Payment Bond of the following named Contractor: Wiring Technologies, Inc. 871 SUNSHINE LANE, ALTAMONTE SPRINGS, FL 32714 Hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety Company named herein of any of its obligations to the following named Owner: as set forth in said Surety company's bond: CITY OF EDGEWATER, FLORIDA, P.O. BOX 100, EDGEWATER, FL 32132-0100 IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this 29TH day of MARCH 20~ (Affix Corporate Seal) TITLE APRIL L. LIVELY, ATTORNEY-IN-FACT & FLORIDA LICENSED RESIDENT AGENT INQUIRIES: (407) 834-0022 " SECTION 00849 CONTRACTOR'S FINAL RELEASE OF LIEN BOND NO. FLC42402 Before me the undersigned authority in said County and State, appeared Thomas A. Oden, who, being first duly sworn, deposes and says that he is President of Wiring Technologies. Inc., a company and/or corporation authorized to do business under the laws of Florida, which is the Contractor on the Contract described as: Reclaimed Water Trunkline Phase 1 - Bid No. 05-WW-Ol dated the 31st day of March. 2005, that the said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said Contract has been complied with in every particular by said Contractor and that all parts of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said Contract and work, and that there are no suits pending against the undersigned as Contractor or anyone in connection with the work done and materials furnished or otherwise under said Contract. Deponent further says that the final estimate which has been submitted to the owner simultaneously with the making of the affidavit constitutes all claims and demands against the Owner on account of said Contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as full and final release and discharge of the Owner from any further claims, demands or compensation by Contractor under the above Contract. Deponent further agrees that all guarantees under this Contract shall be in full force from the date of this release as spelled out in the Contract Documents. Dated April 3rd, 2006 </ Thomas A. Oden - President Sworn to a d subscribed to before.J+le this 28th day of March. 2006. 7 G~/~ John E. Gidusko. Jr. Notary Public NOTARY PUBUe-STATE OF FLORIDA WJOhn E. Gidusko, Jr. Commission # DD498096 Expires: JAN. 27, 2010 Bonded 1"1;,,' :\,12ntic Bonding Co., Inc. My Commission Expires 1-27-2006 MERCHANTS BONDING We, the COMPANY having heretofore executed a Performance Bond for the above mentioned Contractor covered Project and Section as described above in the sum of *SEE BELOW dollars ($ 831,401.50 ), hereby .agree that the Owner may make full payment of the final estimate, including the retained percentage, to said Contractor. It is fully understood that the granting of the right to the Owner to make payment of the final estimate to said Contractor and/or his assigns, shall in no way relieve the surety company of its obligations under its bond, as set forth in the Specifications, Contract and Bond pertaining to the above Project. *EIGHT HUNDRED THIRTY ONE THOUSAND FOUR HUNDRED ONE & 50/100THS DOLLARS .. IN WITNESS WHEREOF, the MERCHANTS BONDING COMPANY has caused this instrument to be executed on its behalf by its FLORIDA LICENSED RESIDENT AGENT and/or its duly authorized attorney in fact, and it 6tporate seal to be hereunto affixed, all of this 29TH day of MARCH , AD., 20~. Attorney must be attached if executed by Attorney in Fact) STATE OF FLORIDA COUNTY OF SEMINOLE Before me the undersigned authority, personally appeared to me well known as the person described in and who executed the foregoing instrument in the name of and/or authority to execute the same on behalf of said MERCHANTS BONDING COMPANY , a corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official-seal at LONGWOOD, FLORIDA this 29TH day of MARCH, 2006 /K /? /l." ~ _ )~..--J CA..... ~!;'___ KATHLEEN A. CLAWSON Notary Public, State of Florida My comm. expo Aug. 30, 2008 Comm. No. DO 351092 .' " Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. FLC42402 Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint April L. Lively, M. Gary Francis, Jack W. Guignard, Paul 1. Ciambriello, Bryce R. Guignard, Deidre A. Sullivan, Jennifer L. McCarta, Katie N. Bird, Margie L. Morris and/or Brett A. Ragland of Longwood and State of Florida its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January, 2003. ........ ..,\\G CO... .. ~~,""""~,.o.. ..~~..~\\PO-9..;..~ .. ..~ """'.".L. · c.,:~ (1'\'. : ~:- -0- 0:-- .4:. 1933 .:3:: .",_. ,c::::-. .-~'. .. '::Y. .. If.'. ,..~c:::-. ..~Jit....." \0... .. 1X . ....... MERCHANTS BONDING COMPANY (MUTUAL) STATE OF IOWA COUNTY OF POLK ss. ~ ~ 7.,L- President On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. -- ~~ Notary Public, Polk County, Iowa ~ MARILYN BOYD . " Commission Number 10012 o ~ My Commission Expires w November 4, 2004 STATE OF IOWA COUNTY OF POLK ss. I, William Wamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 29TH day of MARCH 2006 MSC 0814 (2/03) ....... .. \\G CO. . .. ~~\....... '4t,.o0. ...~~..~ \\PO-9;;' .f;-. . "':'~ ~~.".L: "......- -0- 0.--'- :~:. '933 ;3:: . ",-'. I :c::::-. .-~. . '::Y. . ~. .:...c:::-. .'. ~iV"'"'' 'i;,,--:,.. .. -tl . ...~... .v~~~~, Secretary