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12-01-2014ECiiy aF DGIET TER City of Edgewater Meeting Agenda City Council Michael Ignasiak, Mayor Christine Power, District 1 Gigi Bennington, District 2 Dan Blazi, District 3 Gary T. Conroy, District 4 104 N. Riverside Drive Edgewater, FL 32132 Monday, December 1, 2014 6:00 PM Council Chambers We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Pastor Glenn Freshour - Edgewater House of Prayer to do the invocation. 2. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2014 -R -24 Resolution No. 2014 -R -24: A Resolution accepting and adopting the November 4, 2014 General and Special Election results. Attachments: 2014 -R -24 2014 election Certification 3. OTHER BUSINESS a. AR- 2014 -432 Election of Vice -Mayor 3. ADJOURN The Honorable Judge Green to swear in the newly - elected Mayor and City Council members. 1. CALL TO ORDER, ROLL CALL 2. APPROVAL OF MINUTES a. AR- 2014 -448 Regular Meeting - November 10, 2014 Attachments: 11 -10 -2014 Minutes 3. PRESENTATIONS / PROCLAMATIONS /PLAQUES /CERTIFICATES /DONATIONS a. AR- 2014 -438 Proclamation Blue Way Community Attachments: Proclamation City of Edgewater Page 1 Printed on 1112012014 City Council Meeting Agenda December 1, 2014 4. 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. 5. APPROVAL OR CHANGES /MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2014 -0 -26 1st Reading - Ordinance No. 2014 -0 -26; an Ordinance of the City of Edgewater amending and restating Article VIII (Administration) of the Land Development Code. Attachments: 2014 -0 -26 Article VIII b. 2014 -0 -27 1st Reading - Ordinance No. 2014 -0 -27; Ronald and Tammy Hayward, applicants, requesting annexation of .40± acres of land located at 116 Godfrey Road. Attachments: 116 Godfrey subject map 2014- 0- 27 -haywa rd -a nx C. 2014 -0 -28 1 st Reading - Ordinance No. 2014 -0 -28; an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to include .40± acres of land located at 116 Godfrey Road as Medium Density Residential. Attachments: 2014 -0 -28- hayward cpa d. 2014 -0 -29 1st Reading - Ordinance No. 2014 -0 -29; Ronald and Tammy Hayward, applicants, requesting an amendment to the Official Zoning Map to include .40± acres of land located at 116 Godfrey Road as R -3 (Single - Family Residential) Attachments: 116 Godfrey subject map 2014 -0 -29 hayward rz City of Edgewater Page 2 Printed on 1112012014 City Council Meeting Agenda December 1, 2014 9. BOARD APPOINTMENTS a. AR- 2014 -447 Planning and Zoning Board - Mayor Ignasiak's appointment due to the resignation of Jean Kayat, whose term expires on May 21, 2016. Attachments: Advisory Board applications b. AR- 2014 -446 Citizen Code Enforcement Board - Councilman Conroy's appointment due to the expired term of Alice Haldeman, who is seeking reappointment. Attachments: Haldeman reappt letter C. AR- 2014 -450 Citizen Code Enforcement Board - Mayor Ignasiak's appointment due to the expired term of Nikki Hughart, who is seeking reappointment. Attachments: Hughart reappt letter 10. OTHER BUSINESS a. AR- 2014 -437 City Council interpretation of the Julington Oaks Planned Unit Development Agreement Attachments: Julington Oaks Subdivision - PUD - 01 -23 -2006 SP 842400000020 b. AR- 2014 -441 Approval to Utilize Police Impact Fees to Purchase Body Worn Cameras and Associated Software Licenses Attachments: Axon Flex Camera System Body Worn Cameras Halve Complaints Against Law Enforcement C. AR- 2014 -443 Deem a portion of vacant Lot #165, Wildwood Subdivision ( #7432 -09 -00 -1650) which is more commonly known as 25 Wildwood Drive as surplus property and approve sale. Attachments: 25 Wildwood Drive Lot Purchase d. AR- 2014 -451 Presentation of the Public Works Facility and Transfer Station Feasibility by Quentin L. Hampton Associates. e. AR- 2014 -449 Authorization to execute the Vacant Land Contract for purchase of the Morgan Property located in Parktowne Industrial Center Attachments: Morgan Pcl Dale St - Appraisal Rpt Final 8 8 2014 Morgan ST City of Edgewater f. AR- 2014 -456 Public Works Complex Land Acquisition Series 2015 - Bank Selection Attachments: TD Bank - Term Sheet - 10 -30 -2014 City of Edgewater Page 3 Printed on 1112012014 City Council Meeting Agenda December 1, 2014 g. AR- 2014 -442 Memorandum of Understanding Between Florida Paddling Trails Association and the City of Edgewater, Florida Attachments: Fla PaddlinpTrailsCity h. AR- 2014 -455 December "EdgeFest" Parking Event Agreements Attachments: EventLicenselndemnification - BAPTISTCHURCH - EdgeFest- December132014 EventLicensel ndemnification- NOW - EdgeFest- December132014 EventLicenselndemnification- METHODISTCHURCH- EdgeFest- December1320 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN 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 Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386- 424 -2400 x 1101, S days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1- 800 -955 -8771. City of Edgewater Page 4 Printed on 1112012014 City of Edgewater �v Legislation Text File #: 2014 -R -24, Version: 1 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: Resolution No. 2014 -R -24: A Resolution accepting and adopting the November 4, 2014 General and Special Election results. DEPARTMENT: City Clerk SUMMARY: On November 4, 2014 a General Election was held to fill the expired terms of Mayor, City Council District 1 and City Council District 3 as well as a Special Election to fill the remainder of the term for City Council District 4. A Referendum was also on the General Election Ballot authorizing the City the ability to grant property tax exemptions to new businesses and expansions of existing businesses that are expected to create new, full-time jobs in the municipality, The results of the election were certified by the Volusia County Supervisor of Elections on November 11, 2014 BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to adopt Resolution No. 2014 -R -24 City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarT" RESOLUTION 2014 -R- 24 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE NOVEMBER 4, 2014 GENERAL ELECTION, SPECIAL ELECTION AND REFERENDUM; PROVIDING FOR INTENT AND PURPOSE OF RESOLUTION; PROVIDING FOR SEVERABILITY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH and PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 4, 2014, a General Election was held within the City of Edgewater for determination of City Council for Mayor, District 1 and District 3 and Referendum 91 (Referendum for Economic Development Ad Valorem Tax Exemption). A Special Election was also held for determination of District 4; and WHEREAS, the City Council of the City of Edgewater, Florida, has determined that all votes have been tabulated and confirmed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, as follows: Section 1. The candidates in the November 4, 2014 general election received the number of votes as set forth below: MAYOR Gene Emter 3038 Michael Ignasiak 3913 DISTRICT 1 Chuck Martin 2764 Christine E. Power 3843 DISTRICT 3 Daniel M. Blazi 3369 Dennis Brian Dolbow 3307 REFERENDUM #1 Shall the Edgewater City Council be authorized to grant, pursuant to §3, Art. VII of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses that are expected to create new, full -time jobs in the municipality? 1 Resolution 92014 -R -24 Yes —For authority to grant exemptions 4573 No—Against authority to grant exemptions 2598 Section 2. The candidates in the November 4, 2014 Special Election received the number of votes as set forth below: DISTRICT 4 Gary Conroy 4573 Robert Wilkie, IV 2598 Section 3. The Council members for the four (4) year term of office beginning December 1, 2014, are set forth below: MAYOR Michael Ignasiak DISTRICT 1 Christine E. Power DISTRICT 3 Daniel M. Blazi Section 4. The Council member for the Special Election on the two (2) year term of office beginning December 1, 2014 is set forth below: DISTRICT 4 Gary Conroy Section 5. Acceptance and Adoption of Election Results. The results of the November 4, 2014 General and Special Elections are hereby accepted and adopted by the City Council. Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of 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 hereto. Section 7. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. 2 Resolution 92014 -R -24 Section 8. Effective Date. This Resolution shall become effective immediately upon passage and adoption. After a motion to approve by L3I 1, 2014 was as follows: Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter with Second the vote on this resolution held on December AYE NAY PASSED AND DULY ADOPTED this 1St day of December, 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel City Clerk Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 1st day of December, 2014 Aaron R. Wolfe, Esquire under Agenda Item No City Attorney Doran, Sims,Wolfe, Kundid, Ciocchetti & Wagner 3 Resolution 92014 -R -24 OC SUPERVISO+P o� 0 40RIDA'f Bonnie Wenzel, City Clerk City of Edgewater 104 N Riverside Dr. PO Box 100 Edgewater, Fl. 32132 -0100 Dear Ms. Wenzel: Ann McFaff Supervisor of Elections County of Volusia November 11, 2014 In light of most Volusia cities facing a deadline to certify the elections held on November 4, 2014 wanted to share the results of votes cast. The results of the City of Edgewater election are as follows: For Edgewater Mayor, the whole number of votes cast was 6951 of which number Gene Emter received 3038 votes Michsel Ignasiak received 3913 votes For Edgewater City Council District 1, the whole number of votes cast was 6607 of which number Chuck Martin received 2764 votes Christine E Power received 3843votes For Edgewater City Council District 3 the whole number of votes cast was 6676 of which number Daniel M Blazi received 3369 votes Dennis Brian Dolbow received 3307 votes For Edgewater City Council District 4 the whole number of votes cast was 6615 of which number Gary Conroy received 3687 votes Robert Wilkie, IV received 2928 votes For Municipal Referendum #I- Economic Development Ad Valorem Tax Exemption: YES received 4573 votes NO received 2598 votes The law changed in 2014 regarding overseas military and domestic absentee ballots. Departments of Elections statewide are now required to count all votes cast in all elections (as opposed to just federal elections). In practical terms it rarely makes a difference. Very few overseas absentees are returned after Election Day. The City of Edgewater has 10 outstanding overseas absentee ballots. These ballots will be counted by the canvassing board on Friday, November 14, 2014 beginning at 3:00 pm. I will update your report and send an official certification to you upon conclusion of the canvassing board meeting SEAL 1 Historic Courthouse • Sincerely, Ann McFall Supervisor of Elections 125 West New York Avenue, DeLand, FL 32720 -5415 (386) 736 -5930 • (386) 254 -4690 • (386) 423 -3311 • FAX (386) 822 -5715 www.volusia.org / elections If your signature has changed, please update your signature by completing a new Florida voter registration application. It is important to keep your signature updated, so that absentee ballots and /or petition signatures can be counted. Election Summary Report - First Unofficial Results Date: 11/06/14 General Election Time:1eA of 7 Pag:4 of 7 November 4, 2014 Volusia County, Florida Registered Voters 330614 - Cards Cast 178424 53.97% City of Deltona - Mayor City of Edgewater - District 3 Total Total Times Counted 24709/53971 45.8 % i Times Counted 7607/14122 53.9 % Total Votes 23125 F Total Votes 6676 Times Blank Voted 1583 Times Blank Voted 931 Times Over Voted I Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 Zenaida Denizac 11443 49.48% Daniel M. Blazi 3369 50.46% John C. Masiarczyk 11682 50.52% Dennis Brian Dolbow 3307 49.54 %'i; City of Deltona - District I City of Edgewater - District 4 Total Total Times Counted 3598/8356 43.1 % Times Counted 7607/14122 53.9 % Total Votes 3066 Total Votes 6615 Times Blank Voted 532 Times Blank Voted 992 s Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 Mitch Honaker 1625 53.00% Gary Conroy 3687 55.74% Michael W. Putkowski 1441 47.00% Robert Wilkie, IV 2928 44.26% City of Deltona - District 5 City of Holly Hill - District 1 Total Total Times Counted 4121/9098 45.3 % Times Counted 3301/6893 47.9 % Total Votes 3633 Total Votes 2859 Times Blank Voted 488 Times Blank Voted 441 I Times Over Voted 0 Times Over Voted 1 Number Of Under Votes 0 Number Of Under Votes 0 Victor M. Ramos 1661 45.72% Arthur J. Byrnes 1537 53.76% !` Brian Soukup 1972 54.28% Michael Chuven 1322 46.24 %; City of Edgewater - Mayor City of Lake Helen - Zone 2 Total Total Times Counted 7607/14122 53.9 % Times Counted 1136/1928 58.9 %1 Total Votes 6951 Total Votes 1042 Times Blank Voted 656 Times Blank Voted 94 {' Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 Gene Emter 3038 43.71% Vernon J. Burton 639 61.32 %, Michael Ignasiak 3913 56.29% Ernie DeBoliac 403 38.68 %' City of Edgewater - District I City of Lake Helen - Zone 4 Total Total Times Counted 7607/14122 53.9 % Times Counted 1136/1928 58.9 %' Total Votes 6607 Total Votes 1042 Times Blank Voted 1000 Times Blank Voted 94 Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 Chuck Martin 2764 41.83% Cameron Lane 4 7 45.78% Christine E. Power 3843 58.17% Tura Schnebly 565 54.22% City of Edgewater E'DGII�-151 Legislation Text File M AR- 2014 -432, Version: 1 104 N. Riverside Drive Edgewater, FL 32132 City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarT" City of Edgewater E'DGII�-151 Legislation Text File M AR- 2014 -448, Version: 1 104 N. Riverside Drive Edgewater, FL 32132 City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarT" Monday, November 10, 2014 6:00 P�1 Council Chambers 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Present: 5- Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, and Councilman Gene Emter Also Present: 3 - City Clerk Bonnie Wenzel, City Manager Tracey Barlow, and City Attorney Aaron Wolfe a. AR- 2014 -419 Pastor Judson Douglass, Indian River Baptist Church, to do the invocation. Not present. 2. APPROVAL OF MINUTES a. AR- 2014 -421 Regular Meeting -September 22, 2014 A motion was made by Councilwoman Bennington, second by Councilman Ignasiak, to approve the Minutes September 22, 2014. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Enter b. AR- 2014 -400 Regular Meeting - October 6, 2014 A motion was made by Councilman Ignasiak, second by Councilwoman Bennington, to approve the Minutes of October 6, 2014. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Enter 3. PRESENTATIONS /PROCLAMATIONS /PLAQUES /CERTIFICATES /DONATIONS a. AR- 2014 -405 J Carol Grigg, MD, FACEP, FAAFP, Medical Director of Workforce Wellness,Florida Health Care Plans, presentation of the Workforce Wellness program accomplishments. b. AR- 2014 -426 Presentation of awards for 2014 Trunk or Treat 4. CITIZEN COMMENTS City of Edgewater Page I Printed on 1111812014 City of Edgewater too Ater, F de e Edgewater, FL 32132 2132 �,�GEWATEI� Meeting Minutes City Council Michael Thomas, Mayor Christine Power, District 1 Gigi Bennington, District 2 Mike Ignasiak District 3 Gene Enter, District 4 Monday, November 10, 2014 6:00 P�1 Council Chambers 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Present: 5- Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, and Councilman Gene Emter Also Present: 3 - City Clerk Bonnie Wenzel, City Manager Tracey Barlow, and City Attorney Aaron Wolfe a. AR- 2014 -419 Pastor Judson Douglass, Indian River Baptist Church, to do the invocation. Not present. 2. APPROVAL OF MINUTES a. AR- 2014 -421 Regular Meeting -September 22, 2014 A motion was made by Councilwoman Bennington, second by Councilman Ignasiak, to approve the Minutes September 22, 2014. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Enter b. AR- 2014 -400 Regular Meeting - October 6, 2014 A motion was made by Councilman Ignasiak, second by Councilwoman Bennington, to approve the Minutes of October 6, 2014. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Enter 3. PRESENTATIONS /PROCLAMATIONS /PLAQUES /CERTIFICATES /DONATIONS a. AR- 2014 -405 J Carol Grigg, MD, FACEP, FAAFP, Medical Director of Workforce Wellness,Florida Health Care Plans, presentation of the Workforce Wellness program accomplishments. b. AR- 2014 -426 Presentation of awards for 2014 Trunk or Treat 4. CITIZEN COMMENTS City of Edgewater Page I Printed on 1111812014 City Council Meeting Minutes November 10, 2014 Chuck Martin, 205 Cherrywood Lane thanked the Council for the work they do; congratulated Councilwoman Power on her re- election; commented on the great teamwork between Council and residents; and congratulated everyone who ran for elected office. Michael Visconti, 316 Pine Breeze Drive provided an update on the plan for the Pearl Harbor Remembrance Day concert scheduled to be held on December 7, 2014; thanked everyone for their assistance with the event, and congratulated the Council on the resent election results. Mark Mallow, Coral Trace subdivision discussed the abuse of the community's streets by construction companies; road maintenance responsibilities; impact fees; Coral Trace resident's maintenance responsibilities; asked the City to broach the builder and request they repair the damage caused by the construction equipment; and ask a City representative to walk the neighborhood with him to assess the damage. City Manager Barlow stated that in accordance with the PUD agreement none of the streets in Coral Trace are public right of ways, all of the streets in Coral Trace are private; a few years ago, at the direction of the Council and as a courtesy the City Engineer assessed the roads in Coral Trace and provided his findings to the Home Owners Association (HOA); and stated that road maintenance is clearly a matter between the HOA and the developer. 5. APPROVAL OR CHANGES /MODIFICATIONS TO THE AGENDA - None at this time. 6. CITY COUNCIL REPORTS Councilwoman Bennington asked Mr. Dan Blazi to present the report on Edgewater's Fall Festival. Mr. Blazi stated that the Fall Festival went great and was probably the biggest one to date; the amount of food collected was approximately 500 hundred pounds or so more then what had been collected in previous years; 2, 640 pounds of food was donated and distributed to Gds of Love and the Society of Saint Vincent de Paul; and he read a thank you letter from the Society of Saint Vincent de Paul. Councilman Ignasiak reports he helped judge the Indian River Dare Red Ribbon contest; attended October Fest at Hawks Park; attended and spoke at the Dunkin Donuts grand opening, stating that the Edgewater Dunkin Donuts is one of only three (3) "green" Dunkin Donut companies in the United States; attended the Haunted Forest and worked the event as a Southeast Volusia YMCA board member raising over $600 for use with families; attended, along with Mayor Thomas, the Elks Lodge Police and Fireman appreciation dinner; attended an update on the US 1 sidewalk project; he will be attending American Legion Post 285s Veterans Day event at Sea Pines; encouraged everyone to attend a Veterans Day event to show appreciation for America's veterans; and wished the United States Marine Corps a happy birthday. Councilman Emter stated that it was his last meeting; he congratulated Councilman Ignasiak, Councilman Elect Conroy and Councilman Elect Blazi for winning their election; expressed appreciation to City Manager Barlow and City Clerk Wenzel and all of the staff he has worked with during his tenure for doing a fantastic job; stated that he will miss everyone and hopes Edgewater moves rapidly forward into the future, starting with the Community Redevelopment Area (CRA). City of Edgewater Page 2 Printed on 1111812014 City Council Meeting Minutes November 10, 2014 Mayor Thomas congratulated Councilman Elect Blazi, Councilman Elect Conroy, Councilwoman Power, and Mayor Elect Ignasiak for their election to the Edgewater Council. Councilwoman Power reports that she also judged at the Indian River Red Door ribbon contest; attended the opening of the Dunkin Donuts; the Trunk or Treat event at the Fall Festival; she enjoyed the two (2) years she has had working with Mayor Thomas and Councilman Emter and is sorry to see them go; that she and her mom thanks them both for their service to the community and City; and encouraged everyone to attend the upcoming CRA meeting on November 20, 2014 with Volusia County Council. Councilman Emter recognized Volusia County Councilwoman Deb Denys for attending the Edgewater Council meeting. 7. CONSENT AGENDA A motion was made by Councilman Ignasiak, second by Councilman Emter, to approve the Consent Agenda. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Emter a. AR- 2014 -398 Acceptance of Florida Inland Navigation District (FIND) grant and approval of the project agreement. b. AR- 2014 -433 Right of Way Maintenance (R -O -W) RFP - 14 -LS -021 C. AR- 2014 -434 Commercial Grounds Maintenance RFP - 14 -LS -022 d. AR -2014 -435 Code Enforcement Lot Clearing Request for Proposals (RFP - 14 -LS -023) 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2014 -0 -21(2) Second reading of proposed Ordinance 2014 -0 -21 - Amending Operating Rules & Procedures for the General Employees' Pension Board City Attorney Wolfe read Ordinance No. 2014 -0 -21 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve Ordinance No. 2014 -0 -21. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Emter b. 2014 -0 -24 1st Reading - Ordinance No. 2014 -0 -24; Judy Adams, applicant, requesting annexation of 10.72 f acres of land located at 4100 S. US Hwy 1. City of Edgewater Page 3 Printed on 1111812014 City Council Meeting Minutes November 10, 2014 City Attorney Wolfe read Ordinance No. 2014 -0 -24 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Ignasiak, to approve Ordinance No. 2014 -0 -24. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Emter C. 2014 -0 -22 1st Reading - Ordinance No. 2014 -0 -22; Judy Adams, applicant - requesting an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to include 10.72 f acres of land located at 4100 S. US Hwy 1 as Industrial. City Attorney Wolfe read Ordinance No. 2014 -0 -22 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Emter, second by Councilwoman Power, to approve Ordinance No. 2014 -0 -22. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Emter d. 2014 -0 -25 1st Reading - Ordinance No. 2014 -0 -25; Judy Adams, applicant, requesting an amendment to the Official Zoning Map to include 10.72 f acres of land located at 4100 S. US Hwy 1 as I -1 (Light Industrial). City Attorney Wolfe read Ordinance No. 2014 -0 -25 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Ignasiak, second by Councilwoman Power, to approve Ordinance No. 2014 -0 -25. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Emter C. 2014 -R -22 Resolution #2014 -R -22 Supporting the Volusia County Council Action Plan for Improving the Water Quality within Volusia County City Attorney Wolfe read Resolution No. 2014 -R -22 into the record City Manager Barlow made a staff presentation. City of Edgewater Page 4 Printed on 1111812014 City Council Meeting Minutes November 10, 2014 Mayor Thomas stated that he thinks Volusia County's Resolution is a very, very good idea and hopes that all cities will follow suit and support it. Councilwoman Power stated that it is a good idea but voiced concerns with making sure the recommendations in the Resolution are funded to actually make it happen, not just have a pretty Resolution saying it. Volusia County Councilwoman Deb Denys stated that she has the honor of representing Volusia County on the Indian River Lagoon County's Collaborative which has five (5) Counties involved; that 16 Counties in South Florida received Lagoon clean -up funding and Volusia County received no funding at all; the County Council is being very proactive working on a collaborative effort to see what we can do because it is a priority; discussed the County hiring a Federal lobbyist to try and help obtain available grant money both at the Federal and State levels. Chuck Martin, 205 Cherrywood Lane discussed reclaimed water and lifting the restriction on how much can be used. Public Works Director Brenda Dewees stated that the City lifted the restrictions on what days and times residents can use reclaimed water, but that there is still the restriction on not using more than 25, 000 gallons per month per property. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve Resolution No. 2014 -R -22. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Emter f. 2014 -R -23 Resolution 2014 -R -23 Approve Final Year End Budget appropriations for Fiscal Year 2013 -2014 City Attorney Wolfe read Resolution No. 2014 -R -23 into the record. Finance Director John McKinney made a staff presentation highlighting some of the major budget changes, and stated that the budget's total fund did increase by $1,613,225, with an overall City budget for Fiscal 2014 of $39,035,930. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Ignasiak, second by Councilwoman Bennington, to approve Resolution No. 2014 -R -23. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Emter 9. BOARD APPOINTMENTS None at this time. City of Edgewater Page 5 Printed on 1111812014 City Council Meeting Minutes November 10, 2014 10. OTHER BUSINESS a. AR- 2014 -371 Approval of Volusia County Law Enforcement Mutual Aid Agreement and authorization for the City Manager and Chief of Police to sign. City Manager Barlow made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve the Volusia County Law Enforcement Mutual Aid Agreement and authorization for the City Manager and Chief of Police to sign. MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Enter b. AR- 2014 -406 Ratification of the Florida State Lodge Fraternal Order of Police (FOP) Agreement City Manager Barlow made a staff presentation highlighting a couple of the amendments to the agreement. Mayor Thomas opened and closed the public hearing. A motion was made byCouncilwoman Bennington, second by Councilman Ignasiak, to approve the ratification of the Florida State Lodge Fraternal Order of Police (FOP) Agreement. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Enter C. AR- 2014 -407 City Manager and City Clerk's Compiled 2014 Performance Evaluation forms with Goals. City Manager Barlow made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilman Enter, to approve City Manager and City Clerk's Compiled 2014 Performance Evaluation forms with Goals. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilman Ignasiak and Councilman Emter 11. OFFICER REPORTS a. City Clerk City of Edgewater Page 6 Printed on 1111812014 City Council Meeting Minutes November 10, 2014 City Clerk Wenzel congratulated everyone on the election; stated that she has enjoyed working with Councilman Emter over the last two and a half years and with Mayor Thomas over the last seven years, and thanked them both for everything. b. City Attorney Nothing at this time. c. City Manager City Manager Barlow also discussed Edgewater's CRA meeting in DeLand on November 20, 2014; and the December 3, 2014 Volusia Delegation meeting starting at 10:00 a. m. Volusia County Councilwoman Deb Denys thanked City of Edgewater elected officials for their service; read and presented a County Proclamation recognizing Mayor Thomas's two (2) terms as City of Edgewater Mayor; and proclaimed November 10, 2014 as "Michael Thomas Day" in Volusia County. Council members, City Manager Barlow and staff thanked Mayor Thomas for his service to the City of Edgewater and made a PowerPoint presentation covering many of Mayor Thomas's accomplishments that have improved the quality of life for Edgewater residents, employees and businesses. Mayor Thomas recognized and gave accolades to the current City Council members for their support and teamwork. Mayor Elect Ignasiak read and presented a plaque from the governing body, staff and citizens recognizing and honoring Mayor Michael Thomas's nine (9) years of service as Mayor for the City of Edgewater. Mayor Thomas read and presented a plaque to District 4 Councilman Gene Emter from the governing body, staff and citizens recognizing and honoring his service to the City of Edgewater from Feb 28, 2012 through December 1, 2014. Mayor Thomas stated that it is bitter sweet not being Edgewater's Mayor anymore, but he really believes in term limits because it allows new blood to guide the City; he will miss the employees company and friendship; discussed his efforts to go out and personally meet each employee; and thanked City Manager Barlow for his leadership in getting things done. Councilwoman Power stated that serving with Mayor Thomas for the last seven years has been a pleasure; discussed the Council previously going through some rough times, but Mayor Thomas was always a gentleman; and stated that she will truly miss him. Councilman Ignasiak thanked Mayor Thomas for a successful run stating that Mayor Thomas always spoke form the heart and educated him on topics from a different perspective which gave him the opportunity to change his vision or vote. City of Edgewater Page 7 Printed on 1111812014 City Council Meeting Minutes November 10, 2014 Chuck Martin, 205 Cherrywood Lane stated that Veterans Day is in about four (4) hours and ask for a moment of silence to recognize and show appreciation to our veterans. Michael Visconti, 220 Oak Branch Drive thanked the Mayor for listening to him over the years and wished him all of the luck in the world. 12. CITIZEN COMMENTS - None at this time. 13. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 7: 27 p.m. Minutes submitted by: Mitch Honaker, Deputy City Clerk ATTEST.- Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor City of Edgewater Page 8 Printed on 1111812014 Proclamation 0,66 01 d& #V&1► WHEREAS, The City of Edgewater is in close proximity of Florida Salt Water Circumnavigation - al Trail, and many Blueway trails that are paddling destinations; and WHEREAS, the Florida Paddling Trails Association is the Steward of the Florida paddling trails and continues as Florida's volunteer organization for developing and maintaining paddling trails throughout the State; and WHEREAS, such paddling trails and Blueways provide a year -round source of pleasure and recreation to Florida's citizens and visitors to Florida; and WHEREAS, many of the citizens in and around the community of Edgewater and other visitors and citizens of Florida are becoming more health conscious and are turning to paddling as one of the major forms of maintaining a healthy body; and WHEREAS, the community of Edgewater is an ideal destination for many of today's visitors to the Sunshine State, and WHEREAS, Edgewater offers a variety of outdoor and cultural experiences to residents and visi- tors, and WHEREAS, available supporting services and facilities such as lodging and restaurants make Edgewater an outstanding heritage and nature-based tourism destination; and WHEREAS, casual paddlers, day paddlers, and weekend paddlers want to enjoy the paddling opportunities in the community of Edgewater can provide a gateway to their experience. NOW THEREFORE, the City of Edgewater, Florida, does hereby proclaim Edgewater a FLORIDA PADDLING TRAIL BLUEWAY COMMUNITY and commends the Florida Paddling Trail Association for its work in developing and maintaining Flor- ida's paddling trails and further encourages all residents of and visitors to Edgewater to paddle its Blueways and water trails. In Vitneoo Vbereuf /Aam. Aww4 ea xy ,ud aid caaeed el* h eat Seal Attest: City Clerk Done at the Edgewater City Hall in the County of Volusia STATE OF FLORIDA this l st day of December in the Year of our Lord two thousand and fourteen Mayor City of Edgewater �v Legislation Text File #: 2014 -0 -26, Version: 1 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: An Ordinance of the City of Edgewater amending and restating Article VIII (Administration) of the Land Development Code (LDC). DEPARTMENT: Development Services SUMMARY: This Ordinance repeals Section 21 -86 - "Code Compliance Board (CCB)" of Article VIII (Administration). At their regularly scheduled meeting on June 2, 2014, City Council adopted Ordinance No. 2014 -0 -10 which amended Chapter 10 (Health, Sanitation, Property Maintenance & Code Enforcement). As part of this amendment, the Code Enforcement process and duties of said Board were more clearly defined, thereby eliminating the need for the above - referenced Section to be included in the LDC. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2014 -0 -26 City of Edgewater Page 1 of 1 Printed on 11120/2014 powered by LegistarT" ORDINANCE NO. 2014 -0 -26 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE VIII (ADMINISTRATION) OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On July 10, 2000, City Council adopted Ordinance 92000 -0 -12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. On September 8, 2008, Council adopted Ordinances 92008 -0 -02 which amended and restated Chapter 21 (Land Development Code), Article VIII (Administration). 3. Adoption of this Ordinance will modify the above - referenced Article of Chapter 21 (Land Development Code). NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE VIII (ADMINISTRATION) OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending and restating Article VIII (Administration) as set forth in Exhibit "A" which are attached hereto and incorporated herein. 1 StPAE= passages are deleted. Underlined passages are added. #2014 -0 -26 PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplished such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 2 StPAE= passages are deleted. Underlined passages are added. #2014 -0 -26 PART F. ADOPTION. After Motion to approve by and Second by , the vote on the first reading of this ordinance held on December 1, 2014, was as follows: Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy After Motion to approve by AYE NAY and Second by , the vote on the second reading of this ordinance was as follows: Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy 3 StPAE= passages are deleted. Underlined passages are added. #2014 -0 -26 AYE NAY PASSED AND DULY ADOPTED this ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Kundid. Ciocchetti & Wagner in StPAE= passages are deleted. Underlined passages are added. #2014 -0 -26 day of , 2014. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2014 under Agenda Item No. Exhibit "A" StPAE= passages are deleted. Underlined passages are added. #2014 -0 -26 ARTICLE VIII ADMINISTRATION SECTION 21 -80 - PURPOSE ................................................... ............................... ......................... VIII -1 SECTION 21 -81 - CITY COUNCIL ........................................ ............................... ......................... VIII -1 21 -81.01 - Authority .................................................................. ............................... ......................... VIII -1 SECTION 21 -82 - CITY MANAGER ............................................................... ............................... VIII -2 SECTION 21 -83 - CITY ATTORNEY ............................................................. ............................... VIII -2 SECTION 21 -84 - TECHNICAL REVIEW COMMITTEE ( TRC) ............... ............................... VIII -2 21 -84.01 - Purpose .................................................................... ............................... .........................VIII -2 21 -84.02 - Membership ...................................................................................... ............................... VIII -2 21 -84.03 - Meetings .................................................................. ............................... .........................VIII -3 21 -84.04 - Powers & Duties ...................................................... ............................... .........................VIII -3 SECTION 21 -85 - PLANNING & ZONING BOARD (P &ZB) ...................... ............................... VIII -3 21 -85.01 - Purpose ............................................................................................. ............................... VIII -3 21 -85.02 - Membership ...................................................................................... ............................... VIII -3 21 -85.03 - Meetings ........................................................................................... ............................... VIII -4 21 -85.04 - Powers & Duties ...................................................... ............................... .........................VIII -4 SECTION 21 -8-7-86 - CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS (CAA)VIII- 6 21- 4786.01 - Purpose ................................................................ ............................... .........................VIII -6 Sections 21 -88 through 21 -89 reserved for future use. Article VIII -i- Rev. 09/08 (Land Development Code) 96.0-2 ,,. 96.03 ,,. 96.04 Powers 96.05 '- SECTION 21 -8-7-86 - CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS (CAA)VIII- 6 21- 4786.01 - Purpose ................................................................ ............................... .........................VIII -6 Sections 21 -88 through 21 -89 reserved for future use. Article VIII -i- Rev. 09/08 (Land Development Code) ARTICLE VIII ADMINISTRATION SECTION 21 -80 - PURPOSE The purpose of this Article is to identify the roles of City Council, City staff and advisory boards that are responsible for the administration and integration of this Land Development Code. SECTION 21 -81 - CITY COUNCIL 21 -81.01 —Authority The City Council's authority and duties relative to Chapter 21, the Land Development Code, are as follows: a. To initiate, review and adopt amendments to the Comprehensive Plan of the City of Edgewater. b. To initiate, review and adopt amendments and hear appeals to this Land Development Code. c. To initiate, review and adopt amendments to the Official Zoning Map. d. To review and grant /deny applications for subdivision plats. e. To hear and grant/deny appeals of a decision of the Planning and Zoning Board regarding conditional uses. f. To hear and grant/deny appeals of a decision of the Planning and Zoning Board regarding variances. g. To review and grant /deny applications for zoning and development agreements. h. To review and grant /deny applications for annexation. i. To review and grant /deny applications for right -of -way abandonment, easements, plat and street vacations. j. To review and grant /deny applications for mining permits. k. To hear and grant /deny appeals of a decision of the Construction Board of Adjustment and Appeals regarding contractor discipline. Rev. 09 /08(LandDevelopmentCode) VIII -1 1. To hear and grant /deny appeals of a decision of the Construction Board of Adjustment and Appeals regarding a decision of the Building Official or Fire Chief. m. To review and grant /deny applications for site plans for buildings of 25,000 square feet or larger. n. To review and grant /deny applications for designation of landmarks /sites and historic districts. o. To review and grant /deny applications for telecommunication towers. p. To establish by resolution a schedule of fees to cover the costs of technical and administrative activities required by this Code. SECTION 21 -82 - CITY MANAGER For the purposes of this Code, the City Manager shall direct and supervise the administration and enforcement of this Code. SECTION 21 -83 - CITY ATTORNEY For the purposes of this Code, the City Attorney's duties shall include the following: a. Provision of professional advice and support to the City Council. b. Provision of professional advice and support to the Planning and Zoning Board. c. Provision of advice to the Code Compliance Board regarding applicable law and procedures, but shall not present cases to the Code Compliance Board. The City Council may select an attorney as the Code Compliance Board attorney. SECTION 21 -84 - TECHNICAL REVIEW COMMITTEE (TRC) 21 -84.01 - Purpose There is hereby established a Technical Review Committee to provide technical review and comment regarding various permit applications described in this Land Development Code. 21 -84.02 - Membership At a minimum, the members of TRC shall include the Development Services Director, the City Engineer, the Department of Environmental Services Director, the Building Official, the Fire Chief and the City Manager's Office or their designees. The TRC may include other City staff as may be necessary for a given issue or project. Rev. 09 /08(LandDevelopmentCode) VIII -2 21 -84.03 - Meetings The TRC shall meet as necessary, provided that ample public notice is given to the members and applicants. TRC meetings are subject to Sunshine Laws. 21 -84.04 - Powers & Duties a. The TRC members shall provide written comments regarding the technical aspects of annexations, proposed plan amendments, rezonings, subdivision plats, planned unit developments, site plans, conditional use permits, mining permits, development and zoning agreements. b. The TRC shall have final authority to approve, modify and /or deny, site plans involving projects with less than 25,000 square feet of gross floor area. SECTION 21 -85 - PLANNING & ZONING BOARD (P &ZB) 21 -85.01 - Purpose The purpose of the Planning & Zoning Board is to provide review and recommendations regarding various planning matters to the City Council and to act as the City's Local Planning Agency pursuant to the requirements of Chapter 163, Part II, FS. 21 -85.02 - Membership a. The P &ZB shall consist of seven (7) members appointed by the City Council. Members shall be legal residents of the City. b. Members shall be appointed to three (3) year staggered terms. c. Members shall not appear for, nor represent, any other person than himself /herself at the P &ZB meetings for one (1) year after his/her departure. d. The P &ZB, and its members, are subject to the requirements of the Public Records Law (Ch. 119, FS) and the Sunshine Law (Ch. 286, FS). e. All members shall serve without compensation, but may receive reimbursement while on official business of the Board. f. Any member of the Board may be removed by the City Council at any time. g. No member of the Board shall vote on any matter that would inure to a special private gain; or of any principal by which the member is employed, or retained, or to the parent organization, or subsidiary of a corporate principal by which the member is retained; or that would inure to the special private gain of a relative or business associate. Rev. 09 /08(LandDevelopmentCode) VIII -3 h. One (1) non - voting member shall be appointed by the Volusia County School Board per FL. Statute Section 163.3174. This member shall serve without compensation from the City and shall be exempt from residency and attendance requirements. The school board member shall comply with all other procedural standards relating to the Planning and Zoning Board. 21 -85.03 — Meetings a. The Planning and Zoning Board shall meet once a month, if there is sufficient business to warrant a meeting. The P &ZB chairman may call other meetings as necessary, provided that no less than twenty -four (24) hours notice is given to the members and applicants. b. The P &ZB shall establish by -laws for conducting their meetings. 21 -85.04 - Powers & Duties The Planning and Zoning Board shall: a. Be the responsible agency to initiate review and /or amendments to the City's Comprehensive Plan and recommend such to the City Council. b. Review all proposed amendments to the City's Land Development Code and make recommendations to the City Council as to the consistency of the proposed amendments to the Comprehensive Plan. c. Monitor the effectiveness of the Comprehensive Plan by the formal periodic evaluation process described in Chapter 163.3191, F.S. and its implementing rules. d. Provide a coordinated planning effort between the City and the Volusia County School Board per Florida Statutes Sec. 163.31777. e. Provide recommendations to the City Council regarding applications for the following: 1. Subdivisions and plats, 2. Proposed development and zoning agreements, 3. Proposed annexations, 4. Proposed rezonings and land use amendments, 5. Proposed abandonment /vacations, 6. Provide recommendations to the City Council regarding site plans over twenty -five thousand square feet (25,000 sq. ft.) of building area. f. The Board shall have final authority to approve, modify and /or deny the following unless appealed to the City Council as provided in Article I: 1. Conditional Use Permits 2. Variance applications Rev. 09 /08(LandDevelopmentCode) VIII -4 fill! IIIIIIll 1111111 11111111 11111111 ........ • 11 86.03 Meetings i Rev.09 /08(LandDevelopmentCode) VIII -5 . ����eeeers:Ers:r_e�s��ees�i� . • • SECTION 21 -886 - CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS (CAA) 21- 8-786.01 - Purpose The purpose of the Construction Board of Adjustment and Appeals is to provide review and recommendations to the City Council on building and construction related matters pursuant to the Florida Building Code. The CAA is deemed to be competent to sit in judgement on matters concerning the interpretation of the Florida Building Codes and the Florida Fire Prevention Code and its enforcement. Sections 21 -88 through 21 -89 reserved for future use. Rev.09 /08(LandDevelopmentCode) VIII -6 City of Edgewater �v Legislation Text File M 2014 -0 -27, Version: 1 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: 1st Reading - Ordinance No. 2014 -0 -27; Ronald and Tammy Hayward, applicants, requesting annexation of .40± acres of land located at 116 Godfrey Road. DEPARTMENT: Development Services SUMMARY: Ronald and Tammy Hayward, applicants, requesting annexation of .40± acres of land located at 116 Godfrey Road. OWNER: Ronald and Tammy Hayward APPLICANT /AGENT: Ronald and Tammy Hayward REQUESTED ACTION: Annexation PROPOSED USE: Residential LOCATION: 116 Godfrey Road AREA: .40± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Medium Intensity ZONING DISTRICT: Volusia County R -4W VOTING DISTRICT: 4 SURROUNDING AREA: City of Edgewater Page 1 of 2 Printed on 11120/2014 powered by LegistarT" Current Land Use FLUMDesignation Zoning District North Vacant Low Density Residential w/ R -1 (Single - Family Residential) Conservation Overlay East Single - Family Residence Volusia County Urban Volusia County R -4W (Urban Medium Intensity Single - Family Residential) City of Edgewater Page 1 of 2 Printed on 11120/2014 powered by LegistarT" File #: 2014 -0 -27, Version: 1 South Vacant /Single - Family olusia County Urban Volusia County R -4W (Urban Residence edium Intensity Single - Family Residential) West Vacant olusia County Urban Volusia County R -4W (Urban edium Intensity Single - Family Residential) Background: The subject property contains an existing single - family residence that was built in 2014. Applicant is requesting annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this .40 f acre parcel. Land Use Compatibility: The proposed medium density single family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Godfrey Road. City water service is available. Other Matters: No other known matters. BUDGETED ITEM: ❑ Yes ❑ No ❑X Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ❑X Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2014-0 -27 City of Edgewater Page 2 of 2 Printed on 11120/2014 powered by LegistarT" cn v c C1 m TIV N \ do WOd \\ Lo � o \ \ (D �\ O � r \ \ 44. 0 \ \ \\ m O CD \\ Av Av Q W rt \ \ �s II C vv vv \\ \\ dyssv� N 7 I o W \ -0 p�N \ \\ \\ dySprJ � O N ` 1 O \ �2 \ \ \ \ -a0 Op\ ip .all P� Qii' F ip�¢I f I1. {i f 99 1 �SHi i 3,` °1i1 ivti� ORDINANCE NO. 2014 -0 -27 AN ORDINANCE ANNEXING .40t ACRES OF CERTAIN REAL PROPERTY LOCATED AT 116 GODFERY ROAD, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Ronald and Tammy Hayward have applied for annexation of property located at 116 Godfrey Road, within Volusia County, Florida. Subject property contains approximately .40 + acres. 2. The applicants have voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described 1 Stfike Offeugh passages are deleted. Underlined passages are added. #2014 -0 -27 in Exhibit "A" and depicted in the map identified as Exhibit "B ", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B ". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. 2 Stfike Offeugh passages are deleted. Underlined passages are added. #2014 -0 -27 PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by , with Second by , the vote on the first reading of this ordinance held on December 1, 2014, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy After Motion to approve by with Second by , the vote on the second reading /public hearing of this ordinance held on was as follows: Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy 9 Stfike Offeugh passages are deleted. Underlined passages are added. #2014 -0 -27 AYE NAY PASSED AND DULY ADOPTED this ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Kundid. Ciocchetti & Wagner rd Stfike Offeugh passages are deleted. Underlined passages are added. #2014 -0 -27 day of 2015. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2015 under Agenda Item No. 8 EXHIBIT "A" LEGAL DESCRIPTION Lots 30 -31, of Re- Subdivision of Waterway Park, Sec 1, as Recorded in Map Book 19, Page 269, Volusia County Records, Volusia County, Florida. Section 49, Township 18 South, Range 34 East, together with adjoining right -of -ways within Volusia County. 9 Stfike Offeugh passages are deleted. Underlined passages are added. #2014 -0 -27 EXHIBIT "B" Stfike Offough passages are deleted. Underlined passages are added. #2014 -0 -27 City of Edgewater �v Legislation Text File #: 2014 -0 -28, Version: 1 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: 1 5t Reading - Ordinance No. 2014 -0 -28; an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to include .40± acres of land located at 116 Godfrey Road as Medium Density Residential. DEPARTMENT: Development Services SUMMARY: Ronald and Tammy Hayward, applicants, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .40± acres of land located at 116 Godfrey Road as Medium Density Residential. OWNER: Ronald and Tammy Hayward APPLICANT /AGENT: Ronald and Tammy Hayward REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Medium Density Residential. PROPOSED USE: Residential LOCATION: 116 Godfrey Road AREA: .40± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Medium Intensity ZONING DISTRICT: Volusia County R -4W VOTING DISTRICT: 4 SURROUNDING AREA: City of Edgewater Page 1 of 2 Printed on 11/20/2014 powered by LegistarT" Current Land Use FLUMDesignation Zoning District North Vacant Low Density Residential w/ R -1 (Single - Family Residential) Conservation Overlay East Single - Family Residence Volusia County Urban Volusia County R -4W (Urban Medium Intensity Single - Family Residential) South Vacant /Single - Family olusia County Urban olusia County R -4W (Urban Residence Nedium Intensity Single - Family Residential) City of Edgewater Page 1 of 2 Printed on 11/20/2014 powered by LegistarT" File #: 2014 -0 -28, Version: 1 West Vacant Ivolusia County Urban olusia County R -4W (Urban Medium Intensity Single - Family Residential) Background: The subject property contains an existing single - family residence that was built in 2014. Land Use Compatibility: The proposed medium density single family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Godfrey Road. City water service is available. Comprehensive Plan Consistency: Per the Future Land Use Element of the Comprehensive Plan, the City shall "...maintain regulations for land use categories within the City and a Future Land Use Map (FLUM) to ensure the coordination of future land uses with existing and adjacent land uses." Volusia County Urban Medium Intensity (UMI) Areas that contain residential development at a range of greater than four (4) to eight (8) dwelling units per acre. The types of housing typically found in areas designated urban medium intensity include single family homes, townhouses and low -rise apartments. The UMI designation is primarily a residential designation but may allow neighborhood business areas (see Shopping Center definition in Chapter 20) and office development that meet the Comprehensive Plan's location criteria. The commercial intensity shall be no more than a fifty percent Floor Area Ration (0.50 FAR) and shall be limited in a manner to be compatible with the allowable residential density. In order to be considered compatible, the commercial development should reflect similar traffic patterns, traffic generation, building scale, landscaping and open space, and buffers. More intensive commercial use, other than neighborhood business areas, shall be reserved to areas designated for Commercial. All requests for nonresidential uses within one- quarter (1/4) mile of another jurisdiction shall require notification to that jurisdiction. City of Edgewater - Medium Density Residential This urban scale Medium Density Residential category includes duplex, villa, cluster, townhouse, mobile home, manufactured and multi - family housing at densities between four (4) and eight (8) units per acre. BUDGETED ITEM: ❑ Yes ❑ No ❑X Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ❑X Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2014-0 -28 City of Edgewater Page 2 of 2 Printed on 11120/2014 powered by LegistarT" ORDINANCE NO. 2014-0-28 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010 -0 -23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN MEDIUM INTENSITY TO CITY MEDIUM DENSITY RESIDENTIAL FOR .40t ACRES OF CERTAIN REAL PROPERTY LOCATED AT 116 GODFREY ROAD, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and /or against the proposed designation of the future land use classification was heard; and F.S. WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on 1 StPAE= passages are deleted. Underlined passages are added. #2014 -0 -28 Wednesday, November 12, 2014, on the proposed Plan Amendment; WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2011 Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. Article I, Section 21 -04 of the City of Edgewater's Land Development Code, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Medium Density Residential (.40 + acres) for property described in Exhibits "A" and "B ". PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (11), Fla. Stat. (2012). The City Council shall hold at least ONE (1) advertised Public Hearing on the proposed Comprehensive Plan Amendment. The publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. The 2 StPAE= passages are deleted. Underlined passages are added. #2014 -0 -28 advertisement shall substantially be in the following form: Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2014-0-28 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010 -0 -23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN MEDIUM INTENSITY TO CITY MEDIUM DENSITY RESIDENTIAL FOR .40 t ACRES OF CERTAIN REAL PROPERTY LOCATED AT 116 GODFREY ROAD, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be held on December 1, 2014 at 6:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. (map for insertion into the advertisement is attached hereto and incorporated herein as Exhibit "B') The advertisement shall contain a geographical - location map which clearly indicates the area covered by the proposed ordinance. The map shall also include major street names as a means of 3 StPAE= passages are deleted. Underlined passages are added. #2014 -0 -28 identification of the general area. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 2011 Comprehensive Plan, the City Council shall hold at least one advertised public hearing on the proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184 (11), Fla. Stat. (2012). The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the advertisement is published. The Adoption Hearing shall be held within 180 days of the Department of Economic Opportunity having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send ONE (1) paper copy and TWO (2) electronic copies of the proposed Plan Amendment to the Florida Department of Economic Opportunity, Division of Community Planning, and all other items specified to be transmitted in accordance with Chapter 163, Fla. Stat. (2012). The City Manager or his designee shall also, immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit of local government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendment. Within TEN (10) working days following the Adoption Hearing, the City Manager in StPAE= passages are deleted. Underlined passages are added. #2014 -0 -28 or his designee shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the Florida Department of Economic Opportunity. The City Manager or his designee shall also transmit within TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. PART E. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PART G. 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 G StPAE= passages are deleted. Underlined passages are added. #2014 -0 -28 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 F. ADOPTION. After Motion to approve by , with Second by the vote on the first reading of this ordinance held on December 1, 2014, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy After Motion to approve by with Second by , the vote on the second reading /public hearing of this ordinance held on was as follows: Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy StPAE= passages are deleted. Underlined passages are added. #2014 -0 -28 AYE NAY PASSED AND DULY ADOPTED this ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Kundid Ciocchetti & Wagner 7 StPAE= passages are deleted. Underlined passages are added. #2014 -0 -28 day of 2015. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this day of 2015 under Agenda Item No. 8 EXHIBIT "A" LEGAL DESCRIPTION Lots 30 -31, of Re- Subdivision of Waterway Park, Sec 1, as Recorded in Map Book 19, Page 269, Volusia County Records, Volusia County, Florida. Section 49, Township 18 South, Range 34 East, together with adjoining right -of -ways within Volusia County. E StPAE= passages are deleted. Underlined passages are added. #2014 -0 -28 EXHIBIT `B" StPAE= passages are deleted. Underlined passages are added. #2014 -0 -28 D; 3m `b i �v Nd0 \ i — \ 0 0 ���Nva v v i.i ift 3 W, a3 6, N � ON O O , �O \ — v� tiO <<O (Q A \ \\ �yyd0�00 v c \ \v CD CD \ \ 0 O \ �6(D �O v \ ,per r8x�gga�pa�a�� cc ^� :m i �S •40�'+i'����i'�"' . pi •p \ � � � a � � o � � � s ?± 'm '� p i � cJ0\ e�Opp�•piyp p �►i'` � •° A• *•• \ s® r e 8 a 3 a 9 s s a" ,r °- O % . •O �•p•� s� • ••p°:i�••�,}\ CD a r e a b e ° a m "�,� � DOOM a•+•p �'�"���ipp••i ~ J•�i�ip° pi,•�•�`►'.•\ - n v psp •;� • �•v Q °p • .,MAO•• •• �°r,.�'wppip +; ° ,\ amga VMS & �• •.�i *�ppp •p pp �►•�°+�•♦ .pii��,•rp♦ • ,�pitau0'�p�• • \ O �` °•1•• iii • • +' °'`�\ � v \\ V A � Nd0 \ � �• O %� \\ \\ »•0 • o P0� \ -o c/) vv — \ \ CD rn w � G' CL 3 a ,. ID (D Q � O \ \ `� w G� 'fl y Q o cD \ \ CD f iii: O. v CD O \\ \ \\ o,,A : V A Cl) c CD D' \ \ N It 00 / \ \` O \ O \ -0 cn 0) c \ \ ,) cD CD O h 00 -L p \ \` A Q- w �\ 9s \ \ DSO dLS v� ( W \ \ \ \\ 50p -o p2 \\ 2c0 \ N \\ O \ o� o`er �o 1i °'l7 1 Iij�j{� i l73�} i '•z�pip i Pi�3p! i ;f fS ! 7t 'Aii. City of Edgewater �v Legislation Text File #: 2014 -0 -29, Version: 1 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: 1st Reading - Ordinance No. 2014 -0 -29; Ronald and Tammy Hayward, applicants, requesting an amendment to the Official Zoning Map to include .40± acres of land located at 116 Godfrey Road as R -3 (Single - Family Residential). DEPARTMENT: Development Services SUMMARY: Ronald and Tammy Hayward, applicants, requesting an amendment to the Official Zoning Map to include .40± acres of land located at 116 Godfrey Road as R -3 (Single - Family Residential) OWNER: Ronald and Tammy Hayward APPLICANT /AGENT: Ronald and Tammy Hayward REQUESTED ACTION: Amendment to the Official Zoning Map to include .40± acres of land located at 116 Godfrey Road as R -3 (Single - Family Residential) PROPOSED USE: Residential LOCATION: 116 Godfrey Road AREA: .40± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Medium Intensity ZONING DISTRICT: Volusia County R -4W VOTING DISTRICT: 4 SURROUNDING AREA: City of Edgewater Page 1 of 2 Printed on 11/20/2014 powered by LegistarT" Current Land Use FLUMDesignation Zoning District North Vacant Low Density Residential w/ Conservation Overlay R -1 (Single - Family Residential) City of Edgewater Page 1 of 2 Printed on 11/20/2014 powered by LegistarT" File #: 2014 -0 -29, Version: 1 East Single - Family Residence Volusia County Urban Volusia County R -4W (Urban edium Intensity Single - Family Residential) South Vacant /Single - Family olusia County Urban Volusia County R -4W (Urban Residence edium Intensity Single - Family Residential) West acant olusia County Urban olusia County R -4W (Urban Medium Intensity Single - Family Residential) Background: The subject property contains an existing single - family residence that was built in 2014. Land Use Compatibility: The proposed medium density single family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Godfrey Road. City water service is available. Comprehensive Plan Consistency: Per Table III -1 of the Land Development Code the proposed R -3 (Single - Family Residential) zoning district is compatible with the proposed Medium Density Residential Future Land Use designation. BUDGETED ITEM: ❑ Yes ❑ No ❑X Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ❑X Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2014-0 -29 City of Edgewater Page 2 of 2 Printed on 11120/2014 powered by LegistarT" ORDINANCE NO. 2014 -0 -29 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R -4W (URBAN SINGLE - FAMILY RESIDENTIAL) TO CITY R -3 (SINGLE FAMILY RESIDENTIAL) FOR .40t ACRES OF CERTAIN REAL PROPERTY LOCATED AT 116 GODFREY ROAD, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Ronald and Tammy Hayward are the applicants for property located at 116 Godfrey Road, within Volusia County, Florida. Subject property contains approximately .40 + acres. 2. The applicant has submitted an application for a change in zoning classification from County R -4W (Urban Single - Family Residential) to City R -3 (Single - Family Residential) for the property described herein. 3. On November 12, 2014 the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern. 6. The proposed change in zoning classification will not adversely impact public facilities. 7. The proposed change in zoning classification will not have an adverse effect on 1 StPAE= passages are deleted. Underlined passages are added. #2014 -0 -29 the natural environment. 8. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County R -4W (Urban Single - Family Residential) to City R -3 (Single - Family Residential) for the property described in Exhibit M PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. 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 Volusia County, Florida. 2 StPAE= passages are deleted. Underlined passages are added. #2014 -0 -29 PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by After Motion to approve by with Second by , the vote on the first reading of this ordinance held on , 2014, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy After Motion to approve by with Second by the vote on the second reading /public hearing of this ordinance held on , 2015, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy 3 StPAE= passages are deleted. Underlined passages are added. #2014 -0 -29 PASSED AND DULY ADOPTED this ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Kundid. Ciocchetti & Wagner in StPAE= passages are deleted. Underlined passages are added. #2014 -0 -29 day of , 2015. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2015 under Agenda Item No. 8 EXHIBIT "A" LEGAL DESCRIPTION Lots 30 -31, of Re- Subdivision of Waterway Park, Sec 1, as Recorded in Map Book 19, Page 269, Volusia County Records, Volusia County, Florida. Section 49, Township 18 South, Range 34 East, together with adjoining right -of -ways within Volusia County. G StPAE= passages are deleted. Underlined passages are added. #2014 -0 -29 City of Edgewater �v Legislation Text File #: AR- 2014 -447, Version: 1 BOARD AGENDA ITEM SUBJECT: Planning and Zoning Board appointment. DEPARTMENT: Development Services 104 N. Riverside Drive Edgewater, FL 32132 SUMMARY: Jean Kayat resigned from the Planning and Zoning Board on October 8, 2014. At the November 12, 2014 meeting, the Board discussed appointing Robert Andrejkovics to fill Ms. Kayat's vacant seat. STAFF RECOMMENTATION: The Board voted 6 -0 to recommend the appointment of Robert Andrejkovics to fill the position vacated by Ms. Kayat. Ms. Kayat's term is due to expire on May 21, 2016. RECOMMENDED ACTION: Motion to appoint Robert Andrejkovics to fill the position on the Planning and Zoning Board vacated by Jean Kayat. City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarT" Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of vour preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT i/ PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name C? -e o e- '33 C� {` Cl l' t Address �%' 1 C.S J / Home Phone `I S5 - � 7�// Business /Cell Phone Occupation I \ e4iy, Ed C 1166 Are you a resident of Edgewater _L/how long Is your principal place of employment in Edgewater At the present time, do you serve on any other City Boards or Commissions /VJ if yes, please list each Have you ev�jr served on any Board , agencies or committees %S if yes, please list each E— cY Q L' 1'j a +e t` Y�Q KCOs — ALo g- &6'4h6 REFERENCES — /Please list three business and /or personal bale ahn&r S19 Sa�e_ A2rLr Name PP address and pho e t Iv n 1v'i11 r a S91Y /)r Name, address and I Name, address and phone l l' a c Gea e �J 4er FL 34 -4TF -1377 I -4e ("L 324-WiL 09p� � � � �, Q e 1�'Q�"z'r, iC� 3�'6 - `ids • `7-s= EDUCATION , f / High School .�e-' +- 6t1 -f 46x 11 r7. s. College Sccc �f UeP, � ��. -�r� ��wlrn C: e' e OqOa e- ti: y Degrees) 8 vs in.a c�i :U. — ►7: i'Si,uc31 :,.. %)Lelvelv ul"i n C� UCQ 4-ioI-) WORK EXPERIENCE �CrrtcLLt ' /AP QSide INTEREST /ACTI1VITI,ES IJ COMMUNITY INVOLVEMENT - a A x-07 b-t - 2- Yz 64,A-a WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? FI ERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYIN FOR M �t eqO u,t A resum r separate sheet with addtl' naI information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. Applicant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 -424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21PaL,c LE RECEIVED P >:DGEwATER 0 4 2014 Y CLeRK ADVISORV BOARD — VOLUNTEER APPLICATION Thank you for your interest in sensing the City of Edgewater. Your completion of this application is necessan, so that the members of the Cite Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL LIBRARY CONSTRUCTION REGULATION* ECONOMIC DEVELOPMENT FIREFIGHTERS PENSION* SCHOOL SCHOLARSHIP COMMITTEE CITIZEN CODE ENFORCEMENT* POLICE PENSION* RECREATION & CULTURAL SERVICES x PLANNING & ZONING* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name Steve Dennis Address 1520 Travelers Palm Dr., Edgewater Home Phone 386 -427 -0103 E -Mail Address stevedennis @cfl.rr.com Occupation Retired Business /Cell Phone 386- 299 -3685 Are you a resident of Edgewater? Yes how long 40+ Is your principal place of employment in Edgewater? NA Are you currently serving on a City Board'? No Have you ever sen-ed on a Cite Board'? Yes If yes, when and which Board'? Community Redevelopment Agency of New Smyrna Beach, (others upon request) REFERENCES — Please list three business and /or personal Mayor Mike Thomas, Edgewater Name, address and phone Butch McCracken. Parktowne Center, 386-423 -2223 Name, address and phone Steve Holmes, N. Ridgewood Ave.,386- 299 -3382 Name, address and phone IIPa - _ EDUCATION High School New Smyrna Beach High School, 1963 College University of South Florida, 1967 Degrees) Bachelor of Arts WORK EXPERIENCE 1972 -1991 Family Electronics Business 1991 -2010 Executive Vice President Southeast Volusia Chamber of Commerce INTEREST /ACTIVITIES Outdoor activities, reading, COMMUNITY INVOLVEMENT Kiwanis, multiple committees and chartible organizatioons. etc. WHY DO VOLT DESIRE TO SERVE ON THIS /THESE BOARD(S)? Would like to be a part of the continued growth of the City of Edgewater. EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR Experience working in and around local, state and federal governments for many years and served on numerous boards, committees and panels. I have a excellent understanding of the Sunshine Law. Have been involved in development activities in Southeast Volusia since 1985. A resume or separate sheet N ith additional information may be included N ith Four application. I understand the responsibilities associated xvith being a board member, and I have adequate time to sen e if appointed. 9/4/2014 Applicant Signature Date Please return this application to Bonnie Wenzel, Cite Clerk, Cite of EdgeN ater, P.O. Box 100, Edge«ater FL 32132 or drop off in the Cite Clerk's Office. 104 N. Riverside Drive, Edgex ater FL 332132. If you have any questions please call 386- 424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2 1 P _, ` CITY O DGEW R RECEI VEp EDGE MATER JUN 2 4 2014 ADVISORY 130ARU — VOLUNTEER APPLICATI CITYCLERK Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL LIBRARY CONSTRUCTION REGULATION* ECONOMIC DEVELOPMENT FIREFIGHTERS PENSION* SCHOOL SCHOLARSHIP COMMITTEE CITIZEN CODE ENFORCEMENT* POLICE PENSION* RECREATION & CULTURAL SERVICES PLANNING & ZONING* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name Oo(S JpSe�_t �t Sc(41P_C' Address-), i l ` 5 tf f � - � 1�� i �1J Cs E OTT (q 1 Home Phone Ncj- l` Business /Cell Phone E -Mail Address IN 0 KPI Occupation RED 9L _D Are you a resident of Edgewater? _ how long Is your principal place of employment in Edgewater? No Are you currently serving on a City Board? Have you ever served on a City Board? If yes, when and which Board? REFERENCES — Please list three business and /or personal P Name, address and ph n 3 Name, address and phone Name, address and phone I111age EDUCATION High School Voc -r (C H Collegeb���, Degree(s) WORK EXPERIENCE &At INTEREST /ACTIVITIES C— ki "R--1, r tjC ( =� COMMUNITY INVOLVEMENT NQI 4P `i 1=7, WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? M F D 7 00 G*j�71 tcO2EZNCOMt =jNO LIAVE to docWtME ©t4 - H HRN pS EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR ,*,pl`E �; I J�'crj- 01 t,II N 'r T°' >v!PPN, A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member. and I have adequate time to serve if appointed. Applicant Si ature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386- 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21 JIa-,, RECEIvEOVRTEF SEP 1 g 2014 GD G L I1!ATER CITY CLERK ADVISORY BOARD — VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of vour preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT !/ PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name DA v1 d L . Address /6,// c1Jrwb,r,-ZZcl ~% E /D2. Home Phone (3$C,\ 4/a $ - V 707 BtN9 teas /Cell Phone C31 ) 290 - 7<�, 7Z Occupation R>? fi Red Are you a resident of Edgewaterj�FShow long 3G yRs. Is your principal place of employment in Edgewater At the present time, do you serve on any other City Boards or Commissions Ho if'yes, please list each Have you ever served on any Boards, agencies or committees go if yes, please list each REFERENCES — Please list three business and /or personal JO�At rgpeeS /5''/0 ��r�esia�E De. HoZZy 3 ,V117 Name, address and phone C/fAR1ES C>:ciL 196y QufFN %R /.r. De. 6,1g , 3 o8 5 s) $ Name, address and phone m,jiUc 1 vnrc a /a9 - //* F 7REF 9Et��f�R, �L. 3zivi C3g�� Name, address and phone EDUCATION High School GR44,drd szew9 College CC ,Dy110AJ4 Sfaff) S/ C'olje�, CRi'& Degree(s WORK EXPERIENCE INTEREST/ACTIVITIES 2p ✓��i��isli��, Go /� COMMUNITY INVOLVEMENT Pe,- V10u.51 y WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? CJoulw ll-e `fo /NYo/yfc' IA-) Y- e ComiY C, y uM RNc( & fe� 9,eaah� � EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR k&e,FFd' / rt /02 - f yFA,�s ,q►.. i9m A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. Applicant Signaturea, Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board tf� INTEREST/ACTIVITIES 2p ✓��i��isli��, Go /� COMMUNITY INVOLVEMENT Pe,- V10u.51 y WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? CJoulw ll-e `fo /NYo/yfc' IA-) Y- e ComiY C, y uM RNc( & fe� 9,eaah� � EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR k&e,FFd' / rt /02 - f yFA,�s ,q►.. i9m A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. Applicant Signaturea, Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board tf� RECEIVED A EF �tiocEwATeR I:SEP 5 ?D�y ADVISORY BOARD - VOLUNTEER APPLICATION Cl CtERk Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* _RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT ?C PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name Address C) r I FL 32rLt/ Home Phone 3�F — Yd 2- �3�' �' Business /Cell Phone Zl /o - of Tel LES Occupation C( Are you a resident of Edgewater Y how long Si Y&zrs Is your principal place of employment in Edgewater IV4 At the present time, do you serve on any other City Boards or Commissions i if yes, please list each Have you ever served on any Boards, agencies or committees if yes, please list each REFERENCES - Please list three business and /or personal 61e,44 f �,.,�e►� st3 Pr'�5��� ls�, �e Ec ✓4 e � F� �2��� 3 6 - �1a7 -�sy6 Name,, address and phone 711 Le ?(as Cl������ �RtiP. ���,�<<��- C-z .3M-4-12t7 -/3n7 Name, address and phone r l hE /Y1Cnr� ✓i 6l0 P�s,�l�_Lie, �c%���t�'F 321 1/ -�� -`- 2'7-SK& Name, address and phone 11f'a',. EDUCATION High School aCCZ Sr. College 0wr1es CnLj,,, co / /F�e 'h; rs;><y 67C %�?czrii /ctr Degree(s) 12rnn e WORK EXPERIENCE j INTEREST /ACTIVITIES `r ,i tit r�S CLcti CGYyiiLt COMMUNITY INVOLVEMENT Lal- d WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? i etcX� ef- c� V- V /itli')1i1 Cott -e M ;i c dfle4 16MillrJ (- /�,, A C"t-Oil ws-4 0 Clu4 r�,'c! -� -5-)�e cya-" nLa--t' ,1r--, V4. l ive. EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR 64 �kpert���cC A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. Applicant Signature 91ILLI,( Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2(1 a,!e City of Edgewater �v Legislation Text File #: AR- 2014 -446, Version: 2 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: Code Enforcement reappointment - Reappointment of Alice Haldeman to the Citizen Code Enforcement Board. DEPARTMENT: Code Enforcement SUMMARY: At the November 13, 2014 Code Enforcement Board meeting the Board discussed the reappointment of Alice Haldeman whose term expires on January 8, 2015 and is seeking reappointment. A consensus among the Citizen Code Enforcement Board members to recommend the reappointment of Alice Haldeman to three -year term expiring on January 8, 2018. BUDGETED ITEM: ❑ Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ❑ Not Applicable RECOMMENDED ACTION: Motion to reappoint Mice Haldeman for the three -year term expiring January 8, 2018. City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarT" Alice Haldeman 934 Lake Ave Edgewater, FL 32132 November 10, 2014 To: Mayor and City Council of Edgewater Dear Mayor, Councilmen and Councilwomen, I am requesting reappointment to the City of Edgewater Code Enforcement Board. My current appointment expires on January 8, 2015. Having served since January, 2007, I feel the body of knowledge I have developed regarding code enforcement is an asset to the City and its citizens. Thank you for your consideration of my reappointment. Respectfully, Alice Haldeman City of Edgewater �v Legislation Text File #: AR- 2014 -450, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Citizen Code Enforcement reappointment DEPARTMENT: Code Enforcement 104 N. Riverside Drive Edgewater, FL 32132 SUMMARY: At the November 13, 2014 Citizen Code Enforcement Board meeting the Board discussed the reappointment of Nikki Hughart whose term expires on January 8, 2015 and is seeking reappointment. A consensus among the Citizen Code Enforcement Board members to recommend the reappointment of Nikki Hughart to three -year term expiring on January 8, 2018. BUDGETED ITEM: ❑ Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ❑ Not Applicable RECOMMENDED ACTION: Motion to reappoint Nikki Hughart for three year term expiring January 8, 2018. City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarT" November 6, 2014 To: Mayor and Members of the Edgewater City Council From: Nikki Hughart, Code Enforcement Board Member Subject: Re- appointment I have been a member of the board since March 2014, and have enjoyed serving the Citizens of Edgewater while being a member. I feel I have made some very positive contributions since being appointed. I would very much like to serve another term and would appreciate being reappointed when my term expires on January S, 2015. Thank you for your consideration. Sinc rely, 'Nikki Hughart City of Edgewater �v Legislation Text File M AR- 2014 -437, Version: 1 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: City Council interpretation of the Julington Oaks Planned Unit Development (PUD) Agreement DEPARTMENT: Development Services SUMMARY: The above - referenced PUD project is located west U.S. Highway 1 and north of Clinton Cemetery Road. The project was approved on January 23, 2006 and is proposed to contain a maximum of ninety (90) single - family lots with a minimum lot size of 60'x 120'. The PUD agreement state that the development shall be gated and include two (2) passive parks. A prospective purchaser of the project has requested an interpretation of the PUD Agreement as to whether modular home construction shall be permitted. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Interpretation of the Julington Oaks Planned Unit Development Agreement for authorization of modular home construction. City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarT" THIS INSTRUMENT PREPARED BY: Paul E. Rosenthal, Esquire FOLEY & LARDNER, LLP 111 North Orange Avenue, Suite # 1800 P.O. Box 2193 Orlando, FL 32862 -2193 AFTER RECORDING RETURN TO: Robin L. Matusick, Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O. Box 100 Edgewater, FL 32132 -0100 ltist rmwerft# 2006-033318 # 8 Bc-)c)k 5763 1 =� F 5 For Recording Purposes Only PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT JULINGTON OAKS SUBDIVISION �1 THIS AGREEMENT is made and entered into this -.)3day of c_ , 2006 ti by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City ") and JULINGTON OAKS INVESTMENT, L.L.C., a Florida Limited Liability Company, with P. Michael Evans as the authorized agent whose address is 1682 W. Hibiscus Boulevard, Melbourne, Florida 32901 (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 29.20± acres located west of US -1, north of Clinton Cemetery Road, within 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 JOHN M. HICKEY and PATRICIA B. HICKEY, whose (Agreement/Zoning — Julington Oaks) 1 f3c)ok a r i P6' 3 F-lage: 2535 address is 175 Clinton Cemetery Road, Edgewater, Florida 32141 (hereinafter referred to as "Hickey "), with P. Michael Evans as their authorized agent. 2. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. The Developer shall commence construction of Julington Oaks, as defined by the Master Plan, dated October, 2005 (Exhibit "B" included herein), within one (1) year of required permit approvals for this project or within eighteen (18) months of the effective date of this Agreement, whichever is greater. Developer's failure to initiate construction within the time frame identified herein 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 which must be approved by City Council prior to commencement of any authorized work. Final approval of the Subdivision Plans by City staff shall include, but not be limited to utilities, stormwater, traffic, streetlights, fire rescue, hydrants, law enforcement, sidewalks, environmental, solid waste containment, and planning elements, including landscaping, signage and pavement marking. 3. DEVELOPMENT USES PERMITTED The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code. The Developer further agrees that all development will be consistent with the Julington Oaks Master Plan dated October 2005 (Exhibit "B "). Julington Oaks shall be developed consistent with the City's development procedures. Final project approval may be subject to change based upon final environmental, permitting, and planning considerations. Use of the property will be as follows: (Agreement/Zoning — Julington Oaks) 2 A. Average Lot Size/Unit Count Julington Oaks shall not exceed a total of 90 dwelling units. Based on the Preliminary Plat approval, the total number of units may vary but the maximum residential units allowed for the Julington Oaks Subdivision shall not exceed 3.1 dwelling units per gross acreage or a maximum of 90 units. No lot will exceed a maximum building coverage of fifty percent (50 %) with a maximum impervious coverage of sixty -five percent (65 %). Lot Dimensions: Density per PUD (90 units): 60'x 120' 90 units - maximum B. Minimum Single Family House Square Footage The minimum house square footage for a maximum of 90 residential units shall consist of not less than 1,300 square feet living area. Each single - family residence will have a minimum of a two (2) car enclosed garage. No carports shall be allowed. C. Minimum Yard Size and Setbacks: 60' Lots Front— 25' Rear — 20' Side — 7.5' Side Corner — 15' Maximum Height — 35' Utility Easements — 10' front, 5' sides (Agreement/Zoning — Julington Oaks) 3 }acid; 2 E:33 a' Wetlands - 25' Swimming Pools - Rear - 7.5' to pool deck edge and enclosures Side — 7.5' (non -corner lots) to pool deck edge and enclosures 15' (side -corner lots) to pool deck edge and enclosures D. Roads There shall be one (1) access road entrance permitted from US -1 to service the gated subdivision with a minimum right -of -way width of fifty feet (50'). A south bound right turn lane and a northbound left turn lane shall be required for access from US -1 and shall meet all FDOT required specifications. All private roadways within the development shall have a minimum right -of -way width of at least fifty -feet (50'). Due to the subdivision being a gated community, all interior roads shall be maintained by the HOA. E. Stormwater Management The Retention Pond(s) will meet the requirements of the St. Johns River Water Management District and the City's Land Development Code. The pond(s) are approximately 2.54, subject to final engineering, and will be owned and maintained by the HOA. Developer is required to provide an outfall to a publicly owned or controlled drainage conveyance system, and obtain an off -site drainage easement if necessary. Flood Plain Encroachment and Compensatory Storage Criteria. (Agreement/Zoning — Julington Oaks) 4 imtrinent# 2006-0,333,18 # 12 Defmitions FEMA - Federal Emergency Management Agency FIS - Flood Insurance Study FIRM - Flood Insurance Rate Map USGS - United States Geological Survey NGVD29 - National Geodetic Vertical Datum of 1929 NAVD88 - North American Vertical Datum of 1988 SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to which ground or surface water can be expected to rise during a normal wet season. SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the zone of water saturated soil at the highest average depth during the wettest season of the year. 100 -Year Flood Elevation - The flood elevation that has a one percent (1%) chance of being equaled or exceeded each year. The on -site 100 -year flood elevation shall be established to the satisfaction of the City Engineer. Establishing the 100 -year flood elevation may be based upon a combination of- FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and regional nature; and site - specific assessments signed and sealed by a professional engineer licensed to practice in the State of Florida. (Agreement/Zoning — Julington Oaks) 5 1JISTnimerit# '?006-033378 # 11'3 F c -)(.alp _ 5 _ C-33 1= 3z-ige y 2 539 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 100 -year flood elevation determined by overlaying a FEMA Zone A delineation with any topographic contour information. Construction plans and drainage basin maps shall be annotated to clearly and accurately delineate the flood plain encompassed by the applicable on -site 100 -year flood elevation. Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot (i.e. 1 -foot topographic contour interval and 100 -year flood elevation t6 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 (Agreement/Zoning — Julington Oaks) 6 Wit)£:) - 5763 €= � 2540 "datum shift" may be required to "adjust" the applicable on -site 100 -year flood elevation to a common and consistent datum. The SHGWT shall be established by drilling a sufficient number of geotechnical borings, whereas the SHWL shall be determined by an ecological assessment of hydric soils, vegetative cover, wetland species, lichen lines, etc. The SHWL and /or SHGWT shall be determined for all wetlands, depressions, and any other low areas within the property boundary that are capable of impounding stormwater runoff on the developed property. Flood plain encroachment shall be computed for all fill placed within the flood plain below the 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. 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. (Agreement/Zoning — Julington Oaks) 7 B( -)ok : is 6'13 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. Signag_e All subdivision signage will be located within common areas along the main entrance road (not within public right -of -way) to the subdivision and must meet all requirements of the Land Development Code. A written easement or tract dedicated to the HOA must be recorded for the location of the sign. Developer shall dedicate all sign locations to the HOA. G. Trees There shall be a minimum of four (4) trees per each single - family home building lot. Trees shall be 2 '/2" in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "C" - Trees. A tree survey shall be provided prior to construction plan approval. Each lot shall have a tree survey prior to the issuance of a building permit. The purpose of the tree survey shall be to determine the number of specimen and historic trees and to determine the tree mitigation requirements. (Agreement/Zoning — Julington Oaks) 8 Instntimentl 2'.006- 033378 # 16 Book : 5-763 Flag e m 2542 Statistical tree survey information may be considered at the discretion of the Planning Director. However, such statistical surveys shall be limited to sites containing an overstory consisting predominantly of trees uniform in age, species and distribution, which do not contain specimen or historic trees. Statistical surveys must be conducted in compliance with accepted forestry practices. The development of this Subdivision shall comply with all City and County minimum environmental standards for Historic and Specimen Tree Protection requirements and Area Tree Protection requirements. H. Environmental Constraints Any development of the property shall comply with all recommendations contained in all Environmental Constraints Summary Report(s) as prepared by Biological Research Associates dated August 2004 and/or any future environmental reports as approved by federal and state agencies. I. Entrance to Subdivision There shall be one (1) entrance connected to US -1. Emergency vehicle access will be provided by the developer and approved by the City. J. Declaration of Covenants, Conditions and Restrictions The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and By -Laws for the Homeowners Association will be recorded in the public records of Volusia County at the time the final plat for Julington Oaks is recorded. K. Easements Easements for rear yard construction purposes shall be located between every other lot and shall have a width of ten (10') feet, being five (5) feet on each side of the lot lines for the (Agreement/Zoning — Julington Oaks) 9 i L rivt{ gfe t # 2006 ._T 3370' # j 1 Book: 5763 Pilcie 2543 benefit of the adjoining lots in the event that access to the rear of the lot is required and the individual lot owners side yard width is not adequate to accommodate the access. Easements for public utilities shall be dedicated to the City and any other public utility provider. L. Landscaping and irrigation plans must be submitted with final construction plans. M. Model Homes and/or Temporary Construction/Sales Offices At no time shall the number of model homes exceed a maximum of five (5) single - family dwellings. Temporary construction/sales offices will not exceed a maximum of one per builder. 1. Model homes are permitted upon compliance of the following requirements /conditions : (a) A building permit shall be approved and issued by the City Building Department; (b) Adequate parking shall be provided; (c) No permanent utility connections shall be allowed until said utilities are completed and approved by all applicable regulatory agencies; (d) A certificate of occupancy shall not be issued until final approval of said utilities and permanent utility connections are complete; (e) Adequate fire protection shall be provided; (f) Adequate access to any model home must be provided prior to the issuance of a building permit; and (g) Model homes may serve as a sales office until the final certificate of occupancy is issued on the last available lot. 2. Temporary Construction/Sales Offices are permitted upon compliance of the following requirements /conditions: (a) Building permits are approved and issued by the City Building Department; (Agreement/Zoning — Julington Oaks) 10 Instrmeritl 2006--'333t Boc)k -5763 Paf e M 2544 (b) Temporary offices shall be removed within thirty (30) days after completion of the first model home per builder; and (c) Access to the temporary office, location and parking must be approved by City staff prior to the issuance of a building permit. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Julington Oaks is Low Density Residential with Conservation Overlay. The zoning designation for Julington Oaks shall be RPUD (Residential Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for RPUD are applicable to the development of the property and consistent with the adopted Land Development Code and City's Comprehensive Plan. 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 system at the nearest point of connection, the nearest entrance of the subdivision. In the event the City requires the installation of oversized lines or facilities designed to provide service for other properties, then the City shall pay for the cost of such oversizing by means of a direct cash payment by the City to the developer or a credit against water capital charges otherwise to be paid by the developer. All water main distribution system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting or in accordance with the requirements contained in the Land Development Code as it relates to performance bonds. 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 (Agreement/Zoning — Julington Oaks) 11 tristnimen"I 2006-033; 78 # 19 Bcsc)k 5763 installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting or in accordance with the requirements contained in the Land Development Code as it relates to performance bonds. Developer may desire to enter into an infrastructure agreement to facilitate the installation of off- site wastewater collection/transmission system improvements. C. The City has determined that reclaimed water is available at this time. Therefore, the developer shall install piping for reclaimed service. D. Developer agrees to provide, at no cost to the City, all required stormwater and utility easements (on and off site) for drainage and utility service consistent with this provision. E. All utility services will be underground. F. Off -site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, signalization) required by Department of Transportation (US -1) and the City to enable project approval based on transportation requirements are the developer's responsibility and shall meet all City, County and/or State requirements and approvals. As depicted on the Construction Plans. G. Development/hnpact fees for each dwelling unit will be paid in accordance with the following schedule: Water — 100% - Paid to City by applicant at the time the permit application is signed by the City, thereby reserving requisite water capacity. Sewer — 100% - The applicable impact fees due to the City for sewer shall be paid by applicant at the time the permit application is signed by the City, thereby reserving requisite water capacity. (Agreement/Zoning — Julington Oaks) 12 Police, Fire, Parks and Recreation — Paid to City by applicant at the time of Building Permit application. City Road Impact Fee - Paid to City by applicant at the time of Building Permit Application. Volusia County Impact fees for Roads and Schools — Paid at City Hall by applicant to include, but not be limited to, County road and school impact fee, prior to a Building Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. H. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. I. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. J. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review and construction inspection related to the Julington Oaks development approval and the construction of required infrastructure improvements and the review and approval of the final plat. K. The developer shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system. 4. Piping for future reclaimed service. (Agreement/Zoning — Julington Oaks) 13 _ cj c-1 A 5 7qq'D qq3 Police, Fire, Parks and Recreation — Paid to City by applicant at the time of Building Permit application. City Road Impact Fee - Paid to City by applicant at the time of Building Permit Application. Volusia County Impact fees for Roads and Schools — Paid at City Hall by applicant to include, but not be limited to, County road and school impact fee, prior to a Building Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. H. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. I. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. J. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review and construction inspection related to the Julington Oaks development approval and the construction of required infrastructure improvements and the review and approval of the final plat. K. The developer shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system. 4. Piping for future reclaimed service. (Agreement/Zoning — Julington Oaks) 13 ,, o ? v # L I o a :i Tien # 200- 03,it Pa —.,Ie M 25 -f 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. 6. Developer is responsible for the costs of recording the plat upon approval by the City of Edgewater. 7. Bonds - A Performance Bond, Tri-Party Agreement or Letter of Credit, shall be 110% of the costs of all requirement remaining improvements at the time of the recording of the Final Plat. A Maintenance Bond equal to 10% of the cost of the water and sewer improvements shall be provided to the City at the time issuance of a Certificate of Completion. The Maintenance Bond shall be in effect for a two (2) year period or as currently required in the Land Development Code. 8. Sidewalks shall be constructed on both sides of the streets /roadways and have a minimum width of five feet (5') and shall be constructed prior to issuance of a Certificate of Occupancy on each building lot. Developer shall provide a bond or surety in a form acceptable to the City in the amount of $10.00 per lineal foot for two (2) years. Or, upon review and approval and at the City's sole discretion, City may allow the developer to extend the sidewalk bond for an additional two (2) year term. If sidewalks are not completed within four (4) years, the developer will install the remaining sidewalks. 9. Streetlights shall be maintained by the HOA and Developer agrees to request installation of the street lights from Florida Power & Light within (Agreement/Zoning — Julington Oaks) 14 _CStr_jieii 2006-W)"33318 . ce 22 Bc)c)k 5763 Paq(3 m thirty (30) days of Construction Plan approval and will forward proof of same to the City. L. Recreational Facilities and Open Space The developer agrees to provide two (2) passive neighborhood parks pursuant to the Master Plan (Exhibit "B "). There shall be a minimum of twenty -one percent (21%) open space for the project. Location of the park with dimensions will be determined during the preliminary plat phase. Open space shall be defined as any area not occupied by any structure, impervious surface or more than fifty - percent (50 %) of the stormwater management area. 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. 7. DEDICATION OF LAND FOR PUBLIC PURPOSES The Developer shall convey to the City of Edgewater, by warranty deed or plat dedications all public utility easements as required, free and clear of all liens and encumbrances; and provide a title opinion to evidence compliance with same. Due to the subdivision being a gated community, all roadways are private and therefore, will not be deeded to the City. Julington Oaks has designated 6.23 acres (plus or minus) or twenty one an thirty five /one hundredths percent (21.35 %) of the project, as open space, conservation, etc., to be maintained by the HOA or other approved entity. Open space is determined as any parcel or area of land or water set aside, reserved or dedicated for the use and enjoyment of all owners and occupants of the project. Usable common space shall include area(s) readily accessible and generally acceptable for active or passive (Agreement/Zoning — Julington Oaks) 15 recreational use. Open space shall not include required setback areas or contain structures or right -of -ways other than those intended for landscape or recreational purposes. A fifty -foot (50') right -of -way shall be dedicated to the City for all canals and shall be maintained by the HOA. 8. PERMITS REQUIRED The Developer will obtain the 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 and Rehabilitative Services, St. Johns River Water Management District, Army Corps of Engineers, Florida Fish and Wildlife Conservation Commission, and Volusia County. 2. City of Edgewater — Rezoning, Subdivision Plat approval, Subdivision Construction Plan approval, all applicable clearing, removal, construction and building permits. 3. This site may require a Volusia County Environmental Permit. 4. 100 year flood elevation for this site is to be determined by engineer, minimum finished floor elevation shall be twelve inches (12 ") above the 100 -year flood elevation. 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived (Agreement/Zoning — Julington Oaks) 16 Book 5763 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 is responsible for engineering review, survey review, legal review and advertising fees. Development standards shall be those of the City as set forth in the Land Development Code, except as otherwise set forth in this Agreement or as designated on the construction plans approved by the City. Developer shall establish a mandatory HOA for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The mandatory HOA will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption and the maintenance of the stormwater areas, retention areas, all common areas and any designated easement areas within the Julington Oaks Subdivision, common area tracts as depicted on the plat, and private streets within the gated community. The HOA documents, including applicable articles of incorporation; covenants and restrictions; and by -laws shall be reviewed and approved by the City prior to final plat approval. 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. (Agreement/Zoning — Julington Oaks) 17 Bc)ok 5 7 6 3 11. APPEAL If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement, subject, however, to the parties' rights to invoke the remedies provided below. 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. (Agreement/Zoning — Julington Oaks) 18 Y j.str �� ii merit# 21006-01,331378 # 26 15. PERIODIC REVIEW The City shall review the development subject to this Agreement every 12- months, commencing 12- months after the date of this Agreement to determine if there has been good faith compliance with the terms of this Agreement. If the City finds on the basis of competent substantial evidence that there has been a material failure to comply with the terms of this Agreement, subject to Developer's right to cure provided below, the Agreement may be revoked or modified by the City. Notwithstanding any other provision of this Agreement, if City at any time concludes Developer is in default of a covenant or obligation of this Agreement, City shall notify Developer in writing of the claimed default, and Developer shall have the right to cure the default within thirty (30) days after receipt of City's notice. Developer shall not be deemed in default hereof, and City shall invoke no remedies, if Developer cures the claimed default within those thirty (30) days. Further, if the default is of such a nature that it cannot be cured through the exercise of reasonable diligence within thirty (30) days, then Developer shall not be deemed in default hereof, and City shall invoke no remedies, if Developer commences in good faith to cure the default within thirty (30) days after receipt of City's notice, and thereafter cures the default within ninety (90) days. 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. (Agreement/Zoning — Julington Oaks) 19 l_n.st rumen L # 2006- FJ33 ?L # 27 Page: 2553 18. AGREEMENT /AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, will require City Council approval. 19. FURTHER DOCUMENTATION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and /or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE Both the City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Further, Developer shall have the right to challenge City actions and decisions in accordance with Chapter 163, Florida Statutes and the Florida Rules of Appellate Procedure. 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 (Agreement/Zoning — Julington Oaks) 20 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 — Julington Oaks) 21 CITY COUNCIL OF THE CITY OF EDGEW ( DA i By *ichael Thomas Mayor Ro in L. M tusick Legal Assistant/Paralegal Witnessed by: COUNTY OF V0990MM VPt -- Page-- 2b55 JULINGTON OAKS INVESTMENT, L.L.C. a Florida Limited Liability Company by Julington Oaks Investments Inc, Manager Cecile Evans Rid6r,Nice President The foregoing instrument was acknowledged before my on this � ay of 2006, by CECILE EVANS RIDER, who has authority o execute this d ment on be a of JULINGTON OAKS INVESTMENT, INC., and who is personally known or ❑ has p duced as identification and who ❑ didxdid not take an oath. Notary Kiblic, S ate of Florida My Commission xpires: Marsha Ishom MY COMMISSION # DD247393 EXPIRES November 30, 2007 BONDED THRU TROY FAIN INSURANCE, INC (Agreement/Zoning — Julington Oaks) 22 STATE OF FLORIDA COUNTY OF VOLUSIA rt ;i niment ir'P�� . John #j 00 33, -18 # 3f] tF 1'LiCt�}. --3,. ¢,.r�4; # i} ,,iii w C-6:-Llk, vl'c��z v Patricia Hickey The foregoing instrument was acknowledged before my on this of % day of q--LnucLv, 2006, by JOHN HICKEY and PATRICIA HICKEY and who ❑ is ersonally known or has produced ��pR as identification and who ❑ did ❑ did not take an oath. Not Public, State of Flo ' a My Commission Expires: Bonnie Wenzel Commission # DD341714 Expires September 13, 2008 , ,� ,sona.eT#oyFd^ MewIrm.IN BOND -109 (Agreement/Zoning — Julington Oaks) 23 inst ni116ent# 2006 -0`i': l i Bc)c -)k : 5 7 6,'1 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. A parcel of land being a portion of U. S. Government Lots 1 and 2 and a part of the Northwest 1/4 of Section 24, Township 18 South, Range 34 East, Volusia County, Florida and being more particularly described as follows: Commence at the northwest corner of said Section 24, thence S 00 °E34'36" E, along the west line of the Northwest 1/4 of said Section 24, a distance of 1400.00 feet; thence N 86 °18'56" E, a distance of 2556.75 feet to the Point -of- Beginning of this description to wit; thence continue N 86 °E18'56" E, a distance of 1852.35 feet to a point on the monumented and occupied westerly right -of -way line of U.S. Highway No. 1 (a 158.00 foot wide right -of -way) as described in O.R. Book 4708, Page 4301 of the Public Records of Volusia County, Florida; thence S 22 °E55'51" E, along said westerly right -of -way line, a distance of 210.25 feet; thence S 87 °E52'59" W, a distance of 318.24 feet; thence S 22 °E55'52" E, a distance of 688.36 feet to a point on the centerline of a 60.00 foot wide easement as described in O.R. Book 2067, Page 1758 of the Public Records of Volusia County, Florida (known as Clinton Cemetery Road); thence S 87 °E53'15" W, along said centerline, a distance of 189.25 feet to a point on the easterly line of lands as described in O.R. Book 5489, Page 3080; thence N 22 °E55'51" W, along said east line, a distance of 310.00 feet to the northeast corner of said lands; thence S 87'E53'15" W, along the north line of said lands as described in O.R. Book 5489, Page 3080, a distance of 221.88 feet; thence S 22 °E38'21" E, a distance of 19.51 feet; thence S 67 °E04'09" W, a distance of 120.00 feet; thence S 22 °E38'21" E, a distance of 244.36 feet to a point on the aforesaid centerline of a 60 foot wide easement; thence S 87 °E53'15" W, along said centerline, a distance of 481.75 feet; thence S 67 °E43'02" W, along said centerline, a distance of 501.80 feet; thence departing said centerline N 22 °E35'l7" W, a distance of 1027.10 feet to the point -of- beginning. Containing 29.20 acres more or less. Being subject to a 60.00 foot wide easement for road and utility purposes as described in O.R. Book 2067, Page 1758; and FP &L easement as recorded in O.R. Book 4102, Page 1578; and a 17.0 foot F.D.O.T. easement as recorded in Deed Book 285, Page 125 -126 and O.R. Book 128, Page 278; all as recorded in the Public Records of Volusia County, Florida, and any other easements and/or rights -of -ways of record. (Agreement/Zoning — Julington Oaks) 24 A A M E 0 z 4 > 71 Z InstRiment# 2006-033378 # 32 Book: 5763 Page: 2558 EXHIBIT "B" -MASTER PLAN 0a z 0 > kil (Agreement/Zoning - Julington Oaks) 25 instrument# 2006 -0333178 - 03337 8 # 33 Diane M. Matousek Volusia County, Clerk of Court EXHIBIT "C" TREES COMMON NAME BOTANICAL NAME Elm Ulmus spp. Hickory Carya spp. Loblolly Bay Gordonia lasianthus Magnolia Magnolia grandiflora Red Maple Acer rubrum Other Oak Species Quercus spp. Red Bay Persea borbonia Red Cedar Juniperus silicicola Swamp Bay Persea palustris Sweet Bay Magnolia virginiana Sweet Gum Liquidambar styraciflua Sycamore Platanus occidentalis Turkey Oak Quercus laevis (Agreement/Zoning — Julington Oaks) 26 02/08/2006 02:02 PM Instrument# 2006 - 033378 # 1 Book: 5763 Page: 2527 ORDINANCE NO. 2005-0-50 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY A -3 (TRANSITIONAL AGRICULTURE) TO CITY RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) FOR PROPERTY LOCATED WEST OF U.S. HIGHWAY NO.1 AND NORTH OF CLINTON CEMETERY ROAD, EDGEWATER, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE JULINGTON OAKS SUBDIVISION; 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. Glenn D. Storch, P.A., (agent) on behalf of John Michael and Patricia B. Hickey 10 (owners) and Julington Oaks Investment, Inc., the owner /applicant for property located West of U. S. Highway No. l and North of Clinton Cemetery Road, Edgewater, Florida. Subject property contains approximately 29.20 acres more or less. 2. The owner /applicant has submitted an application for a change in zoning classification from County A -3 (Transitional Agriculture) to City RPUD (Residential Planned Unit Development) for the property described herein. 3. On September 14, 2005, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 4 - 2, the Board recommended that City Council consider approval of the request. 4. On November 7, 2005, the City Council considered on first reading /public hearing strnelrtitron+ passages are deleted. Underlined passages are added. 2005 -0 -50 1 Instrument# 2006 - 033378 # 2 Book: 5768 Page: 2528 the proposed change in the zoning classification after publication of such hearing in the Observer on October 27, 2005. 5. On December 5, 2005, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on November 25, 2005, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County Straek1hraugh passages are deleted. Underlined passages are added. 2005 -0 -50 2 Instrument# 2006- 033378 # 3 6ocak s 5763 Rage: 2529 A -3 (Transitional Agriculture) to City RPUD (Residential Planned Unit Development) pursuant to the associated Planned Unit Development (PUD) Agreement for Julington Oaks Subdivision (attached hereto and incorporated as Exhibit "B ") The following described real property all lying and being in the County of Volusia and State of Florida. Parcel Annexed pursuant to Ordinance #2004 -0 -42: A parcel of land being a portion of US Government Lots 1 and 2 and a part of the Northwest 1/4 of Section 24, Township 18 South, Range 34 East, Volusia County, Florida and being more particularly described as follows: Commence at the northwest corner of said Section 24, thence S 00 °34'36" E, along the west line of the Northwest 1/4 of said Section 24, a distance of 1400.00 feet; thence N 86'18'56" E, a distance of 2556.75 feet to the Point of Beginning of this description to wit; thence continue N 86'l 8'56", a distance of 1852.35 feet to a point on the monumented and occupied westerly right -of -way line of U.S. Highway No. 1 (a 158.00 foot wide right -of -way) as described in O.R. Book 4708, Page 4301 of the Public Records of Volusia County, Florida; thence S 22 °55'51" E, along said westerly right -of -way line, a distance of 210.25 feet; thence S 87 °52'59" W, a distance of 318.24 feet; thence S 22 °55'51" E, a distance of 688.36 feet to a point on the centerline of a 60.00 foot wide easement as described in O.R. Book 2067, Page 1758 of the Public Records of Volusia County, Florida (known as Clinton Cemetery Road); thence S 87 °53'15" W, along said centerline, a distance of 189.25 feet to a point on the easterly line of lands as described in O.R. Book 5489, Page 3080; thence N 22 °55'51 " W, along said east line, a distance of 310.00 feet to the northeast corner of said lands; thence S 87 °53'15" W, along the north line of said lands as described in O.R. Book 5489, Page 3080, a distance of 221.88 feet; thence S 22 °38' 21" E, a distance of 19.51 feet; thence S 67 °04'09" W, a distance of 120.00 feet; thence S 22°38'21" E, a distance of 244.36 feet to a point on the aforesaid centerline of a 60 foot wide easement; thence S 87'53'15" W, along said centerline, a distance of 481.75 feet; thence S 67 °43'02" W, along said centerline, a distance of 501.80 feet; thence departing said centerline N 22 °35'17" W, a distance of 1027.10 feet to the point -of- beginning. Being subject to a 60.00 foot wide easement for road and utility purposes as described in O.R. Book 2067, Page 1758; and FP &L easement as recorded in O.R. Book 4102, Page 1578; and a 17.0 foot F.D.O.T. easement as recorded in Deed Book St. tick passages are deleted. Underlined passages are added. 2005 -0 -50 3 Instrument# 2006- 033378 # 4 Book: 5763 Page: 2530 285, Page 125 -126 and O.R. Book 128, Page 278; all as recorded in the Public Records of Volusia County, Florida, and any other easements and /or rights -of -ways of record. Containing 29.20 + acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. 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 Volusia County, Florida. S h tick through passages are deleted. Underlined passages are added. 2005 -0 -50 4 Instrument# 2006 - 033378 # 5 Book: 5763 Page: 2531 PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on the first reading of this ordinance held on November 7, 2005, was as follows: AYE NAY Mayor Donald A. Schmidt X Councilman James P. Brown X Councilman Dennis Vincenzi X Councilwoman Harriet E. Rhodes X Councilwoman Judy Lichter X During the second reading /public hearing held on December 5, 2005, the City Council voted to continue this hearing until January 9, 2006. During the City Council meeting on December 19, 2005, Council announced a further continuation until January 23, 2006 due to the January 9, 2006 meeting being canceled. Straekt passages are deleted. Underlined passages are added. 2005 -0 -50 5 Instrument# 2006 - 033378 # 6 Book: 5763 Rage: 2532 After Motion by Councilwoman Lich and Second byCounci 1 woman Rbnd the vote on the second reading of this ordinance was as follows: AYE Mayor Mike Thomas x Councilwoman Debra J. Rogers x Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x PASSED AND DULY ADOPTED this 23rd day of January, 2006. 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 Sh tick hough passages are deleted. Underlined passages are added. Zoos -o -so 6 CITY COUNCIL OF THE NAY CITY OF EDGEWAT R, F DA r B . Mike T omas Mayor Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 23rd day of January, 2006 under Agenda Item No. 6 D . o Qz � a y Instrument# 2006 - 033378 # 7 Book: 5763 Page: 2533 D �p( MYRTLE ST V�`,nNG do to to do do do OVO do � 00 � 1 ell, do to do do do do i td 1 1 00 do do 1 �4 �1 00 1 V� 1 00 Y 1 1 1 1 t 1 t CLINTON CEMETERY RD `V \ A Y� iis�i 1 \ p Fl reui Op0 \ � / I / I I .�zi` li 11 I I I I I I 1 it 1 I cr I I I 1 I i I i I i O I O I I I ui cr I I 1 I 1 I i II i I I / ' 1 \ I I \\ I \ \ I I I O 'C \` N \\ I O �, O >L \ 1 O J�,F O°' 1 II O a) r� i Q 4 U _ � d co = - %' 2 I cC Cy /- cn a c,4 / I ' I I I � I I 1 I II i ' II I I 1 I I I a 0 a < u U u a � � 4 � � m : &< � _\ ■ � j ' §/ \ � _ � � �. -- - • /�� � ,- , _ ez2 � �\ , FRI!, � � | 2 . � - at, ) � ' _ � ■ | _ . � 'i r .�� i' Modular Homes Defined: This is a home constructed in a factory, away from your property, in a controlled environment and then delivered to your job site. "Modular home" is the most common term used, but they are also known as - systems -built homes, factory -built and off -site construction. Modular homes are built to the same local and state codes as 100% site - built homes and are considered "real property." Modu/aris no longer a dirty word. These homes are stylish, forward- thinking -- and green. What is" Building Green ": Green Building is a design and construction process that saves energy and natural resources while protecting the environment. A green built modular home uses less energy, water and natural resources, creates less waste and promotes the health and well- being of the home owners and their families. Modular Homes can participate in the Energy Star and LEED programs that encourage the growth of green building. Custom -built prefabricated homes encourage the green value that houses should be nothing more or less than their inhabitants need. By using less space and materials, prefab homes preserve natural resources, while leaving the smallest of footprints. They are usually manufactured in a way that leaves a smaller ecological footprint than conventional on -site construction. Green Building is the practice of using sustainable materials and design in new construction. Yes modular homes are by their own nature, green. Assembly in an enclosed indoor environment contributes to reduced waste of material at the factory and the job site, lessens the environmental impact on the land and the community where the house is being delivered, and allows for a tighter built structure to maximize energy efficiency — all of which are key components to green building standards. THE ADVANTAGES OF BUILDING GREEN x _N �l Modular manufacturing by its very nature is Green by recycling materials, reducing material waste and a having a low environmental impact on the job site.. Building this way reduces the chance of weather related damage or costly delays in completion of the home. Building in an environmentally controlled environment also eliminates the possibility of lumber becoming wet and incurring mold damage. Modular homes come out of the factory pre - sealed, airtight and insulated about as well as a home can be. Factory conditions allow for workers to insulate in even the tightest areas. Precision factory tools allow for each section of every home to be sealed tighter than it ever could be if it was built on site. Combine a modular home with energy efficient electronics and appliances and you've got one earth friendly and wallet friendly home. ** Compare Modular Built to Site -Built Homes ** 100% Site -Built Homes Defined Homes that are 100% built onsite - also known as "stick built" or "site built" - is just that, all the materials are delivered to the jobsite and constructed using various subcontractors and 3rd party vendors. You probably have seen bundles of lumber, sheathing and roof trusses on a property. This is the most common building method in America today. However, it typically takes a bit longer to build a home and there are factors that you should consider: • Weather delays • High moisture content in the lumber, which can cause mold and mildew • Material theft from jobsite • Logistic problems due to multiple venders • Inspection delays or rework due to failed inspections This maybe the most common building method today, but modular construction is rapidly becoming a popular alternative due to all the benefits - see Modular Home Facts below. ** Modular Home Facts ** Modular homes do appraise the same as 100% site -built homes. Modular homes do not depreciate in value.( Manufactured homes do). Modular homes can be customized. Most modular home companies have their own in -house engineering department. Modular home designs can be various styles: ranch, cape cod, two- story, multiple stories, apartments, condos, townhomes and additions. Modular construction is also used for commercial applications such as offices. Modular homes are permanent structures - "real property." Modular homes can be built on the following foundation types: crawlspace, basement, piers and coming soon - engineered slab system. Modular homes are considered a form of "Green Building." Modular homes are inspected during each phase of construction at the plant by independent 3rd party inspectors. Modular homes are faster to build than a 100% site -built home saving you extra construction interest payments. This is where the savings begins. Home loans for modular are the same as if buying a 100% site -built home. Insuring your modular home is the same as a 100% site -built home. Taxes on a modular home are the same as 100% site -built home. FEMA: While no manufacturer would ever be so bold as to say that their homes are hurricane - proof, it has been proved time and again that modular homes stand up to extreme conditions much better than their site -built counterparts. When Hurricane Sandy hit the northeast and homeowners went to tally up the damage, modular homes fared significantly better. FEMA has continually praised modular construction for sound workmanship dating all the way back to a report they issued back in 1993 about Hurricane Andrew hitting Florida. Are Modwar And Manufactured Homes he Same? No. No. And NO. Modular homes are constructed to the same state, county and specific local building codes as site built homes and should not be restricted by building or zoning regulations. Keep in mind that your new modular home is inspected at the factory during each phase of construction and an independent third party inspection agency approves each home before it is delivered to the home site. Manufactured homes, sometimes referred to as mobile homes, are constructed to the Housing and Urban Development (HUD) Code. City of Edgewater E'DGII�-151 Legislation Text File M AR- 2014 -441, Version: 1 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: Approval to Utilize Police Impact Fees to Purchase Body Worn Cameras and Associated Software Licenses DEPARTMENT: Police SUMMARY: Approval to utilize police impact fees to purchase 25 Axon Flex Camera System and associated hardware and the first year of associated storage software licenses. The purposes and benefits of deploying body worn cameras on patrol officers are: documenting evidence, officer training, strengthening transparency, and increased accountability. The 25 camera systems would fully outfit the patrol division at a cost not to exceed $22,000. The first year of storage software licenses cost would not exceed $6,500. The storage software licenses would be an annually reoccurring cost. The acquisition of the camera system and associated storage solution chosen would be purchased in compliance with our Purchasing Policy. Requesting to utilize up to $28,500. Currently there is $73,107 available in the Police Impact Fees. BUDGETED ITEM: ❑ Yes ® No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ® Yes ❑ No ❑ Not Applicable RECOMMENDED ACTION: Recommend approval to utilize police impact fees to purchase 25 body worn camera systems and the first year of associated storage software licenses. City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarTM TASER International Protect Truth 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978 -2737 Fax: (888) 708 -8634 Joseph Mahoney (386) 424 -2400 (904) 424 -6122 jmahoney @cityofedgewater.org Bill To: Edgewater Police Dept. -FL 104 N Riverside Dr. Edgewater, FL 32132 us Ship To: Joseph Mahoney Edgewater Police Dept. -FL 135 E. Park Ave. Edgewater, FL 32132 us 0.. "Yjoakkis 0 Fq Quotation Quote: Q- 16151 -1 Date: 11/19/2014 12:22 PM Quote Expiration: 12/31/2014 Contract Start Date *: 12/31/2014 Contract Term: 1 year SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Kelsey Denzer (480) 905 -2074 kdenzer @taser.com Fedex - Ground Net 30 *Note this will vary based on the shipment date of the product. Hardware QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC ($) NET TOTAL 25 73030 CAMERA SYSTEM, AXON FLEX 599.00 USD 14,975.00 USD 0.00 USD 14,975.00 25 73034 OAKLEY FLAK JACKETS KIT, FLEX 149.95 USD 3,748.75 USD 0.00 USD 3,748.75 25 73009 COLLAR/VERSATILE /CAP MOUNT, FLEX USD 0.00 USD 0.00 USD 0.00 25 73036 CONTROLLER, HOLSTER, BELT CLIPS, FLEX USD 0.00 USD 0.00 USD 0.00 2 70026 EVIDENCE.COM DOCK, AXON SIX BAY 1495.00 USD 2,990.00 USD 0.00 USD 2,990.00 Hardware Total: Hardware Net Price: USD 21,713.75 USD 21,713.75 Enterprise Software QTY ITEM # DESCRIPTION UNIT Total Before DISC ($) NET TOTAL PRICE Discount 22 87001 BASIC EVIDENCE.COM LICENSE: 1 YEAR 180.00 USD 3,960.00 USD 0.00 USD 3,960.00 110 85101 INCLUDED STORAGE, 5 GBS PER BASIC USD 0.00 USD 0.00 USD 0.00 LICENSE 3 89001 PROFESSIONAL EVIDENCE.COM 468.00 USD 1,404.00 USD 0.00 USD 1,404.00 LICENSE: 1 YEAR 45 85301 INCLUDED STORAGE, 15 GBS PER PRO USD 0.00 USD 0.00 USD 0.00 LICENSE Page 1 of 3 QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC ($) NET TOTAL 500 85035 EVIDENCE.COM STORAGE 1.50 USD 750.00 USD 0.00 USD 750.00 Enterprise Software Total: Enterprise Software Net Price: USD 6,114.00 USD 6,114.00 Subtotal USD 27,827.75 Estimated Shipping & Handling Cost USD 282.28 Grand Total USD 28,110.03 Page 2 of 3 Complimentary Evidence.com Tier Upgrade Through 12/31/2014 This quote contains a purchase of either the Basic or Standard Evidence.com license. You will temporarily receive the features available with the Professional license for the Basic and Standard licenses purchased until December 31, 2014. This is a free upgrade to your account so you can enjoy all the benefits of our most feature rich license tier. In January 2015 you will be prompted to select which users you would like to go in which tiers. This will have no impact on uploaded data. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers or, in the alternative, TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with TASER. If your purchase includes the TASER Assurance Plan (TAP), then you are also agreeing to TASER's current Sales Terms and Conditions for the AXON F1eXTM and AXON BodyTM Cameras TASER Assurance Plan (U.S. Only) and/or Sales Terms and Conditions for the X2 /X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to your product purchase. All of the sales terms and conditions, as well as, the TAP terms and conditions are posted at http: / /www.taser.com/sales- terms- and - conditions. If your purchase includes AXON hardware and/or EVIDENCE.com services you are also agreeing to the terms in the EVIDENCE.com Master Service Agreement posted at httn:// www .taser.com/serviceagreementl4. If your purchase includes Professional Services, you are also agreeing to the terms in the Professional Service Agreement posted at h tp: / /www.taser.com/ima eg s /support/downloads /downloads / evidence_ materials / Professional_ Services_Agreement.pd£ If your purchase includes Integration Services, you are also agreeing to the terms in the SOW posted at hitp://www.taser.com/integrationstatementofworkl4. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to TASER that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Signature: Date: Name (Print): PO# (if needed): Title: Please sign and email to Kelsey Denzer at kdenzer @taser.com or fax to (888) 708 -8634 111 /:11104IC0Y11111I ffl: Body -worn Cameras Halve Complaints Against Law Enforcement By: Kylie Bull, Managing Editor 11/14/2014 ( 9:OOam) SHARE °' Beginning in January 2015, the Buncombe County Sheriff's Office in Asheville, North Carolina will be equipping all of its patrol and Sheriff's Community Enforcement Team deputies with VIEVU LE3 body - worn cameras from Motorola Solutions, Inc. This small, lightweight, self- contained video recorder is designed to help reduce the incidence of complaint - generating events and improve relations between the police force and the public. A study sponsored by the International Association of Chiefs of Police indicate 50 percent of complaints were immediately withdrawn when video evidence was used and 94 percent of citizens supported use of video. The VIEVU LE3 wearable video camera eliminates the need for separate recorders, batteries or cables and can be worn on an officer's uniform. It contains just one moving part, the on /off switch that was designed to be easily activated in stressful situations. High- definition video evidence is managed by the VERIPATROL software and utilizes VidLock security. The camera has no removable media and several layers of security prevent unauthorized access or manipulation of video files. "The Buncombe County Sheriff's Office is very connected to the community we serve and we strive to maintain a relationship of advocacy with our citizens," said Sheriff Van Duncan. "The adoption and use of the VIEVU body -worn camera - because of the transparency and accountability it brings to our agency and the public - will further build that relationship. Using drug seizure forfeiture money to purchase our body cameras will enhance officer and public safety without adding any taxpayer cost." Meanwhile, the Valdosta, Georgia, police department recently reported benefits using the VIEVU camera. "These new wearable cameras have been well received, and almost immediately, they helped clear an officer during a complaint of excessive force. In light of recent complaints against law enforcement, they are invaluable to law enforcement and the public," said Valdosta Chief of Police Brian Childress in a statement. 104 N. Riverside Drive is City of Edgewater Edgewater, FL 32132 R Legislation Text File #: AR- 2014 -443, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Deem a portion of vacant Lot #165, Wildwood Subdivision ( #7432 -09 -00 -1650) which is more commonly known as 25 Wildwood Drive as surplus property and approve sale. DEPARTMENT: City Manager SUMMARY: In 1986 the City of Edgewater obtained the vacant lot from Frank and Margaret Hall with the intended use as an emergency ingress /egress from Wildwood Subdivision if needed. This lot is a wedge shape with approximately 61 feet along Wildwood Drive and approximately 114.84 along the rear. Since the lot is owned by the City, there is no tax revenue. Both the Environmental Services Department and Fire - Rescue Services have determined that the entire lot is not necessary for the emergency ingress /egress and gave a recommendation of keeping approximately 20 feet of the lot. Abutting property owners (Charles D. & Carol S. Card at 23 Wildwood Drive) submitted a request (copy attached) to the City for consideration of their offer of $2,150.00 to purchase a portion (survey attached) of the lot with the purchasers to pay all closing costs. Abutting property owners (David & Carla Houser at 27 Wildwood Drive) have submitted a letter (copy attached) to the City declining the opportunity to purchase any portion of the lot at this time. Based on the above information, Staff is requesting Council consider deeming a portion of the lot as surplus property. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to deem a portion of Lot #165 Wildwood Drive (Parcel #7432 -09 -00 -1650) as surplus property; approve the sale in the amount of $2,150.00 with the purchaser to pay all closing costs and authorize the Mayor to execute the associated closing documents. 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Hampton Associates to perform a feasibility study to evaluate the property needed to relocate the City's public works complex in order to make room for expansion of the City's Wastewater Treatment Plant. QLH determined a minimum of 25 acres would need to be secured for the 20 -30 year future. During the course of the study, property became available in the Parktowne Industrial Center. The property is contiguous to the existing Industrial complex and can be accessed via Dale Street and Pullman Road. The property is 70 + acres. After further research it has been determined this would be a suitable piece of property for the public works complex while allowing additional land for future and for potential sales to other industrial users. An appraisal was performed showing the property is worth $1,200,000 and Dr. and Mrs. Morgan have agreed to sell at the appraised price. The City is working on an Environmental Protection Agency (EPA) Phase II Assessment and the contract allows for 35 days from time of execution for us to receive the results on this assessment. The City currently has $600,000 available to purchase this property and is seeking financing approval of $600,000 to cover the remaining cost. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ® Yes ❑ No ❑ Not Applicable RECOMMENDED ACTION: Authorization for the Mayor to execute the Vacant Land Contract with Dr. and Mrs. Morgan in the amount of $1,200,000. City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarT" City of Edgewater �v Legislation Text File M AR- 2014 -451, Version: 1 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: Presentation of the Public Works Facility and Transfer Station Feasibility by Quentin L. Hampton Associates. DEPARTMENT: Environmental Services SUMMARY: At the August 19, 2013, City Council Meeting Quentin L. Hampton Associates was authorized to perform a Public Works Facility and Transfer Station Feasibility Study. This study was to provide engineering and planning services necessary to evaluate the feasibility of developing a new public works facility and solid waste transfer station to accommodate future growth. This study entailed determining site area and vicinity requirements, building sizes and space utilization, transfer station design and construction requirements, identification of equipment requirements and operational considerations. Also included in this study was the analysis of adding a CNG fueling station within this complex. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Informational /Discussion City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarT" Vacant Land Contract Avoko 14, Florida Realtorsi 1, 1. Sale and Purchase: Leslie A Morgan, Trustee & Reta S Morgan, Trustee ( "Seller ") 2. and City of Edgewater a Florida municipal corporation ( "Buyer") 3 (the "parties ") agree to sell and buy on the terms and conditions specified below the property ( "Property ") 4 described as: 5. Address: 6- Legal Description: Tract -1 Par owne Industrial Center, recoraed In Plat Book age 23, PuBlic Records of 7 Volusia County, Florl a. 9 10 11. SEC _ITWP _ /RNG _ of County;. Florida. Real Property ID No.: 7452- 22- 00 -OOA1 12. including all improvements existing on the Property and the following additional property: none - vacant land 1' 3 14. 2. Purchase Price: (U.S. currency) 5 1,200,000.00 15 All deposits will be made payable to "Escrow Agent'' named below and held in escrow by: 16. Escrow Agent's Name: Professional Title Agency 17- Escrow Agent's Contact Person: Judith. Carter 1& Escrow Agent's Address: 400 Canal St., New Smyrna Beach. FL 19, Escrow Agent's Phone: 386 - 424 -9994 20. Escrow Agent's Email: 21 (a) Initial deposit (50 if left blank) (Check if applicable) 22. ❑ accompanies offer 23x 0 will be delivered to Escrow Agent within 3 days (3 days if left blank) 24. after Effective Date .............................. ......................... ............... . ... 5 5,000.00 25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable) 26. ❑ within days (10 days if left blank) after Effective Date 27. ❑ within days (3 days if left blank) after expiration of Feasibility Study Period ....... 5 28. (c) Total Financing (see Paragraph 5) (express as a dollar amount or percentage) .................. 5 600,000.00 29• (d) Other: 30 (e) Balance to close (not including Buyer's closing costs: prepaid items, and prorations) 31 k to be paid at closing by wire transfer or other Collected funds ................ 5 595,000.00 32. (f) ❑ (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price.) The 33. unit used to determine the purchase price is ❑ lot ❑ acre ❑ square foot ❑ other (specify): 34. prorating areas of less than a full unit. The purchase price will be $ per unit based on a 35 calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in 36 accordance with Paragraph 7(c). The following rights of way and other areas will be excluded from the 37- calculation: 38 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 39- delivered to all parties on or before December 3. 2014 , this offer will be withdrawn and Buyer's deposit. if 40 any, will be returned. The time for acceptance of any counter offer will be 3 days after the date the counter offer is 41 delivered, The "Effective Date" of this contract is the date on which the last one of the Seller and Buyer 42 has signed or initialed and delivered this offer or the final counter offer. 43. 4. Closing Date: This transaction will close on or before 1116115 ( "Closing Date"), unless specifically 44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including, 45 but not limited to, Financing and Feasibility Study periods. However, if the Closing Date occurs on a Saturday, 46 Sunday: or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 47 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property 48 insurance; Buyer may postpone closing for up to 5 days after the insurance underwriting suspension is lifted. If 49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 50 other items. Buyer ( ) ( ) and Seller [ } [ } acknowledge receipt of a copy of this page, which is 1 of 7 pages. VAG -10 Rev 8.14 �i Florida Assooiation of Rcaltors` 8a al# 658136. 800141. 6425001 51 5. Financing: (Check as applicable) 52: (a) ❑ Buyer will pay cash for the Property with no financing contingency. 53. (b) 0 This contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s) 54. specified below ( "Financing ") within days after Effective Date (Closing Date or 30 days after Effective 55. Date, whichever occurs first, if left blank) ( "Financing Period "). Buyer will apply for Financing within 55 days after Effective Date (5 days if left blank) and will timely provide any and all credit, employment; financial, 57 and other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the 58 Financing within the Financing Period, either party may terminate this contract and Buyer's deposit(s) will be 59 returned. 60. (1) D New Financing: Buyer will secure a commitment for new third party financing for $600,000.00 51 „ or % of the purchase price at (Check one) ❑ a fixed rate not exceeding % Elan 62, adjustable interest rate not exceeding % at origination (a fixed rate at the prevailing interest rate 63 based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully 64 informed of the loan application status and progress and authorizes the lender or mortgage broker to 65 disclose all such information to Seller and Broker. 65 • (2) ❑ Seller Financing: Buyer will execute a ❑ first ❑ second purchase money note and mortgage to 57. Seller in the amount of S bearing annual interest at % and payable as 63. follows: 69 The mortgage, note, and any security agreement will be in a farm acceptable to Seller and will follow 70 forms generally accepted in the county where the Property is located; will provide for a late payment fee 71 and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without 72 penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on 73 conveyance or sale. will provide for release of contiguous parcels, if applicable. and will require Buyer to 74 keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller 75 to obtain credit; employment, and other necessary information to determine creditworthiness for the 75 financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not 77 Seller will make the loan. 78. (3) ❑ Mortgage Assumption; Buyer will take title subject to and assume and pay existing first mortgage to 79 . 80. LN# in the approximate amount of $ currently payable at 81 . S per month, including principal, interest, ❑ taxes and insurance, and having a 82. ❑ fixed ❑ other (describe) 83 • interest rate of % which ❑ will ❑ will not escalate upon assumption. Any variance in the 84 mortgage will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will 85- purchase Seller's escrow account dollar for dollar. If the interest rate upon transfer exceeds % or 8s • the assumption /transfer fee exceeds $ . either party may elect to pay the excess, 87 failing which this contract will terminate; and Buyer's deposits) will be returned. If the lender disapproves 88 Buyer, this contract will terminate; and Buyer's deposit(s) will be returned. 89 n 6. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this 90• contract, ❑ may assign but not be released from liability under this contract, or 0 may not assign this contract. 91 . 7. Title: Seller has the legal capacity to and will convey marketable title to the Property by X statutory warranty 92. deed ❑special warranty deed ❑ other (specify) free of liens, easements; 93 and encumbrances of record or known to Seller; but subject to property taxes for the year of closing; covenants, 94 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any 95: other matters to which title will be subject) 96 provided there exists at closing no violation of the foregoing. 97 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and 98 pay for the title search; including tax and lien search if performed, and all other fees charged by closing agent. 99 Seller will deliver to Buyer, at 100. (Check one) ❑ Seller's 0 Buyer's expense and 101. (Check one) ❑ within days after Effective Date 0 at least 5 days before Closing Date, 102 (Check one) 103• (1} X a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 104 discharged by Seller at or before closing and, upon Buyer recording the deed, an owner's policy in the 105 amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is 105 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to 107 Buyer within 15 days after Effective Date. Buyer ( ) ( ) and Seller [ } [ } acknowledge receipt of a copy of this page, which is 2 of 7 pages. VAG -10 Rev 8.14 �i Florida Assooiation of Rcaltors` 8a al# 058136. 800141. 6425001 108. (2) ❑ an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 149 existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy 110 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy 111 will include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 112 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents 113 recited in the prior policy and in the update. If such an abstract or prior policy is not available to Seller; 114 then (1) above will be the title evidence. 115. (b) Title Examination: After receipt of the title evidence, Buyer will, within days 0 0 days if left blank) 115 but no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable 117 to Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and 118. Seller cures the defects within days (30 days if left blank) ( "Cure Period ") after receipt of the notice. If 11.9 the defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer of notice 120 of such cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured 121 within the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after 122 receipt of notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept 123 title subject to existing defects and close the transaction without reduction in purchase price. 124 (c) Survey: Buyer may: at Buyer's expense; have the Property surveyed and must deliver written notice to 125 Seller; within 5 days after receiving survey but not later than 5 days before Closing Date, of any 126 encroachments on the Property, encroachments by the Property's improvements on other lands; or deed 127 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 128 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 7(b). 129 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 130 8. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as is" condition; with 131 conditions resulting from Buyer's Inspections and casualty damage, if any; excepted. Seller will not engage in or 132 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. 133 (a) Inspections: (Check (1) or (2)) 134. (1) O Feasibility Study: Buyer will, at Buyer's expense and within 35 days (30 days if left blank) 135 ( "Feasibility Study Period ") after Effective Date and in Buyer's sole and absolute discretion, determine 135 whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer 137 may conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and 138 investigations ( "Inspections ") that Buyer deems necessary to determine to Buyer's satisfaction the 139 Property's engineering, architectural. and environmental properties; zoning and zoning restrictions; 140 subdivision statutes: soil and grade; availability of access to public roads, water. and other utilities. 141 consistency with local, state, and regional growth management plans. availability of permits, government 142 approvals, and licenses. and other inspections that Buyer deems appropriate. If the Property must be 143 rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all 144 documents Buyer is required to file in connection with development or rezoning approvals. Seller gives 145 Buyer, its agents; contractors; and assigns, the right to enter the Property at anytime during the 146 Feasibility Study Period for the purpose of conducting Inspections; provided, however, that Buyer; its 147 agents; contractors, and assigns enter the Property and conduct Inspections at their own risk. Buyer will 148 indemnify and hold Seller harmless from losses, damages, costs; claims, and expenses of any nature; 149 including attorneys' fees; expenses, and liability incurred in application for rezoning or related 150 proceedings; and from liability to any person; arising from the conduct of any and all Inspections or any 151 work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien 152 being filed against the Property without Seller's prior written consent. If this transaction does not close, 153 Buyer will; at Buyer's expense; (i) repair all damages to the Property resulting from the Inspections and 154 return the Property to the condition it was in before conducting the Inspections and (ii) release to Seller 155 all reports and other work generated as a result of the Inspections. 156 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seller of Buyer's 157 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice 158 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" 159 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 160 Seller, this contract will be deemed terminated, and Buyer's deposit(s) will be returned. 161 _ (2) ❑ No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes: including 152 being satisfied that either public sewerage and water are available to the Property or the Property will be 153 approved for the installation of a well and/or private sewerage disposal system and that existing zoning Buyer ( ) ( ) and Seller [ } [ } acknowledge receipt of a copy of this page, which is 3 of 7 pages. VAG -10 Re: 8.14 �i FloridaflssooiationofRualtors` 8a al# 058136. 800141. 6425001 151 and other pertinent regulations and restrictions; such as subdivision or deed restrictions, concurrency, 155 growth management, and environmental conditions, are acceptable to Buyer. This contract is not 166 contingent on Buyer conducting any further investigations. 167 (b) Government Regulations: Changes in government regulations and levels of service which affect Buyer's 158 intended use of the Property will not be grounds for terminating this contract if the Feasibility Study Period has 169 expired or if Paragraph 8(a)(2) is selected. 170 (c) Flood Zone: Buyer is advised to verify by survey, with the lender. and with appropriate government 171 agencies which flood zone the Property is in, whether flood insurance is required. and what restrictions apply 172 to improving the Property and rebuilding in the event of casualty. 173 (d) Coastal Construction Control Line ( "CCCL "): If any part of the Property lies seaward of the CCCL as 174 defined in Section 161 .053, Florida Statutes; Seller will provide Buyer with an affidavit or survey as required 175 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The 176 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that 177 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach 178 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 179 Department of Environmental Protection, including whether there are significant erosion conditions associated 180 with the shore line of the Property being purchased.. 181 . O Buyer waives the right to receive a CCCL affidavit or survey. 182 9. Closing Procedure; Costs: Closing will take place in the county where the Property is located and may be 183 conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title 184 binder effective date and recording of Buyer's deed; closing agent will disburse at closing the net sale proceeds 185 to Seller (in local cashier's check if Seller requests in writing at least 5 days before closing) and brokerage fees to 185 Broker as per Paragraph 19. In addition to other expenses provided in this contract, Seller and Buyer will pay the 187 costs Indicated below. 188 (a) Seller Costs: 189 Taxes on deed 190 Recording fees for documents needed to cure title 191 Title evidence (if applicable under Paragraph 7) 192. Other: 193 (b) Buyer Costs: 194 Taxes and recording fees on notes and mortgages 195 Recording fees on the deed and financing statements 196 Loan expenses 197 Title evidence (if applicable under Paragraph 7) 198 Lender's title policy at the simultaneous issue rate 199 Inspections 200 Survey 201 Insurance 202• Other: 203 (c) Prorations: The following items will be made current and prorated as of the day before Closing Date: real 204 estate taxes (including special benefit tax liens imposed by a CDD), interest; bonds, assessments, leases; 205 and other Property expenses and revenues. If taxes and assessments for the current year cannot be 206 determined; the previous year's rates will be used with adjustment for any exemptions. 207 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body; Seller 208 will pay (i) the full amount of liens that are certified, confirmed, and ratified before closing and (ii) the amount 209 of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but 210 has not resulted in a lien before closing; and Buyer will pay all other amounts. If special assessments may be 211. paid in installments. [] Seller d Buyer (Buyer if left blank) will pay installments due after closing. If Seller is 212 checked, Seller will pay the assessment in full before or at the time of closing. Public body does not include a 213 Homeowners' or Condominium Association. 214 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 215 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 216 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 217 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN 218 HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT 219 THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION_ Buyer ( ) ( ) and Seller [ } [ } acknowledge receipt of a copy of this page, which is A of 7 pages. VAG -10 Rev 8.14 �i Florida Assooiation of Rcaltors` 8a al# 658136. 800141. 6425001 220 (f) Foreign Investment in Real Property Tax Act ( "FIRPTA "): If Seller is a "foreign person" as defined by 221 FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at 222 closing, 223 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 224 closing or after) under Section 1031 of the Internal Revenue Code ( "Exchange ") , the other party will 225 cooperate in all reasonable respects to effectuate the Exchange including executing documents; provided, 225 however, that the cooperating party will incur no liability or cost related to the Exchange and that the closing 227 will not be contingent upon, extended, or delayed by the Exchange. 223 10. Computation of Time: Calendar days will be used when computing time periods; except time periods of 5 days 229 or less. Time periods of 5 days or less will be computed without including Saturday; Sunday, or national legal 230 holidays specified in 5 U.S.C. 5103(a). Any time period ending on a Saturday; Sunday, or national legal holiday 231 will extend until 5:00 p.m. (where the Property is located) of the next business day. Time is of the essence in 232 this contract. 233 11. Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing 234 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain 235 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may 236 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification; 237 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this contract and 238 receive all payments made by the governmental authority or insurance company, if any. 239 12. Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to 240 each other for damages so long as the performance or non - performance of the obligation is delayed, caused, or 241 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 242 earthquakes. floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably 243 within the control of Seller or Buyer and which by the exercise of due diligence the non- performing party is 244 unable in whole or in part to prevent or overcome. All time periods, including Closing Cate, will be extended for 245 the period that the act of God or force majeure is in place. However. in the event that such act of God or force 246 majeure event continues beyond 30 days, either party may terminate this contract by delivering written notice to 247 the other; and Buyer's deposit(s) will be returned. 248 13. Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 249 electronic means. Buyer's failure to timely deliver written notice to Seller, when such notice is required by 250 this contract, regarding any contingency will render that contingency null and void, and this contract will 251 be construed as if the contingency did not exist. Any notice, document, or item delivered to or received 252 by an attorney or licensee (including a transactions broker) representing a party will be as effective as if 253 delivered to or received by that party. 254 14. Complete Agreement; Persons Bound: This contract is the entire agreement between Seller and Buyer, 255 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker 256 unless incorporated into this contract. Modifications of this contract will not be binding unless in writing; signed 257 or initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 258 contract, signatures, initials; documents referenced in this contract, counterparts; and written modifications 259 communicated electronically or on paper will be acceptable for all purposes; Including delivery, and will be 260 binding. Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms. If 261 any provision of this contract is or becomes invalid or unenforceable. all remaining provisions will continue to be 262 fully effective. Seller and Buyer will use diligence and good faith in performing all obligations under this contract, 263 This contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular 254 or plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if 255 permitted, of Seller, Buyer, and Broker, 266 15. Default and Dispute Resolution: This contract will be construed under Florida law, This Paragraph will survive 267 closing or termination of this contract, 268 (a) Seller Default: If Seller fails, neglects, or refuses to perform. Seller's obligations under this contract, Buyer 269 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting. 270 from Seller's breach and may seek to recover such damages or seek specific performance_ Seller will also 271 be liable for the full amount of the brokerage fee. Buyer ( ) { } and Seller [ } [ } acknowledge receipt of a copy of this page, which is 5 of 7 pages. VAG -10 Re: 8.14 �i FloridaAssooiationofRcaltors` 8a al# 658136. 800141. 6425001 272 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract. 273 including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the 274 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, 275 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer 276 will be relieved from all further obligations under this contract or Seller, at Seller's option, may proceed in 277 equity to enforce Seller's rights under this contract. 278 16. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 279 "Agent ") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 280 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 281 brokerage fees. "Collection" or "Collected " means any checks tendered or received have become actually and 282 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any 283 person for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful 284 breach of this contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay 285 the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the gas escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 287 17. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 288 that are important to them and to consult an appropriate professional for legal advice (for example; interpreting 289 this contract; determining the effect of laws on the Property and this transaction; status of title, foreign investor 290 reporting requirements; the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 291 property condition. environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 292 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller 293 representations or public records, Buyer agrees to rely solely on Seller, professional inspectors, and 294 government agencies for verification of the Property condition and facts that materially affect Property 295 value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all 296 levels, incurred by Broker and Broker's officers. directors, agents, and employees in connection with or arising 297 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 298 harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or 299 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or 300 display of listing data by third parties, including, but not limited to, photographs, images, graphics. video 301 recordings, virtual tours. drawings, written descriptions. and remarks related to the Property, (iii) Broker's 302 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475. 303 Florida Statutes, as amended, including. Broker's referral, recommendation; or retention of any vendor; (iv) 304 products or services provided by any vendor, and (v) expenses incurred by any vendor. Seller and Buyer each 305 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 306 Broker of statutory obligations. For purposes of this Paragraph; Broker will be treated as a party to this contract. 307 This Paragraph will survive closing. 308 18. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by 309 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales 310 Commission Lien Act provides that when a broker has earned a commission by performing licensed services 311 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the 312 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. 313 19. Brokers: The brokers named below are collectively referred to as "Broker." Instruction to closing agent: 314 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in 315 separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the 316 extent Broker has retained such fees from the escrowed funds. This Paragraph will not be used to modify any 317 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker. 318. (a) Massey Properties (Seller's Broker) 319. will be compensated by C Seller El Buyer ❑ both parties pursuant to ❑ a listing agreement ❑ other 320K (specify): 321„ (b) Massey Properties (Buyer's Broker) 322. will be compensated by D Seller ❑ Buyer ❑ both parties ❑Seller's Broker pursuant to ❑ a ML.S offer of 323. compensation ❑ other (specify): Buyer ( ) ( ) and Seller [ } [ } acknowledge receipt of a copy of this page, which is 6 of 7 pages. VAG -10 Rev 8.14 �i Florida Assooiation of Rcaltors` Eder al# 658136. 800141. 6425001 324. 20. Additional Terms: 1) This contract is contingent upon approval of the Edgewater City Council at the meeting to 325 be held on December 1. 2014. The Effective Date shall be the date of approval by the Edgewater ity ouncil. 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before 342 signing. 343• Buyer: Date: 344= Print name: 345. Buyer: Date: 346• Print name: 347 Buyer's address for purpose of notice: 348- Address: 349• Phone: Fax: Email: 350= Seller: Date: 351• Print name: Reta 5 Morgan, Trustee 352• Seller: Date: 353= Print name: Leslie A Morgan, Trustee 354 Seller's address for purpose of notice: 355- Address: 570 Via Lugano, Winter Park. FL 32789 356• Phone: Fax: Email: 357• 358 Effective Date: (The date on which the last party signed or initialed and delivered the final offer or counter offer.) Florida Association of REALTORS and local Board /Association of REALTORS "' make no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR". REALTORI is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS" and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms. Buyer (_) ( —) and Seller { ) { ) acknowledge receipt of a copy of this page, which is 7 of 7 pages. VAC -10 Rev 8/14 ® Florida Association of Realtore Sepalk 868138.888141.8425881 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 EDGE4VATER Legislation Text File #: AR- 2014 -456, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Public Works Complex Land Acquisition Series 2015 - Bank Selection DEPARTMENT: Finance SUMMARY: The City per the Purchasing Policy issued a Request for Rates to identify an institution that could provide the City of Edgewater, Florida (the "City ") with a short term fixed rate Bank Qualified bank loan (the "Loan "), in an amount not to exceed $600,000 and five year term. The amount of this loan is less than $750,000 and our Financial Advisor was not utilized for this issuance due to the size. This debt issuance will finance property contiguous to the existing Industrial complex and can be accessed via Dale Street and Pullman Road. The property is 70 + acres. Research determined this would be a suitable piece of property for the public works complex while allowing additional land for future and for potential sales to other industrial users. An appraisal was performed showing the property is worth $1,200,000. The Series 2015 will be secured by a covenant to budget and appropriate from Non -Ad valorem revenues in the General, Water & Sewer, Refuse and Stormwater Funds. The City Received the following rate quotes. TD Bank, N.A. 1.90% Wells Fargo Bank, N.A. 2.25% SunTrust Bank, N.A. 2.50% Friends Bank 2.55% Dr. Morgan 5.00% The Bank Qualified Tax Exempt Fixed Rate as of October 29, 2014 is 1.73 %. This is an indicative rate and is subject to change until the rate lock is secured. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ® Yes ❑ No ❑ Not Applicable RECOMMENDED ACTION: Motion to approve TD Bank, N.A. for the Public Works Complex Land Acquisition Debt Issuance Series 2015 and authorize our Attorney to prepare all necessary loan documents for the Public Works Complex Land Acquisition Debt Issuance Series 2015 for approval at the January 5, 2015 Council meeting. City of Edgewater Page 1 of 2 Printed on 11/20/2014 powered by LegistarTM Im Bank America's Most Convenient eankr` October 30, 2014 City of Edgewater Jonathan McKinney, Director of Finance 104 North Riverside Drive Edgewater Florida 32132 1x11_lIZIN 1A TD Bank, N.A, 1060 West International Speedway Blvd. Daytona Beach, FL 32114 Tel: 386- 253 -2991 Fax: 386- 254 -7614 jim.weite @td.com RE: Purchase approximately 70 acres for municipal services complex. Dear Mr. McKinney: You have provided us with certain information and have discussed with us the current and future needs for the financing of the City of Edgewater, Florida (the "Company "). In connection therewith, we are pleased to submit our proposal to provide the credit accommodations (the "Credit Accommodations ") described on the attached preliminary term sheet for your consideration. The structure of the proposed Credit Accommodation(s) is outlined in the attached term sheet (Exhibit A) which provides a statement of suggested terms, but under no circumstance shall such statement be construed as a complete summarization of terms necessary for consummation of the proposed Credit Accommodation. PLEASE NOTE THIS PROPOSAL IS SUBJECT TO FORMAL CREDIT REVIEW AND UNDERWRITING IN ACCORDANCE WITH THE BANK'S INTERNAL POLICY AND NOTHING HEREIN SHALL CONSTITUTE A BINDING COMMITMENT TO LEND. Further, we expressly advise you that TD Bank, N.A. (the "Bank ") has not approved the Credit Accommodations. The Bank shall not be liable to the Company or any other person for any losses, damages or consequential damages which may result from the Company's reliance upon this proposal letter or the proposed Credit Accommodations, the proposed term sheet(s) or any transaction contemplated hereby. This letter, along with the proposed terms and conditions, are delivered to the Company for its confidential use and evaluation, and shall not be disclosed by the Company except (i) as may be required to be disclosed in any legal proceeding or as may otherwise be required by law and (ii) on a confidential and "need to know" basis, to your directors, officers, employees, advisors and agents. If this proposal meets your approval and you would like the Bank to proceed with its formal credit investigation, underwriting and approval process, please return a copy of this letter countersigned by you. We appreciate the opportunity to provide this proposal and look forward to working with you on successfully completing this transaction. Sincerely, TD BANK, N.A. C Ja es E. Weite Regional Vice President ACCEPTED on this day of City of Edgewater, Florida Name and Title 2014: EXHIBIT A TD Ba TERMS AND CONDITIONS OF CREDIT ACCOMMODATION DATEI, OCTOBER 30,2014 ("LOANYY) THIS IS A STATEMENT OF TERMS AND CONDITIONS AND NOT A COMMITMENT TO LEND. ALL CREDIT ACCOMMODATIONS ARE SUBJECT TO FORMAL CREDIT UNDERWRITING AND APPROVAL. 1. Loan. (a) Borrower(s): (b) Facility: (c) Purpose: (d) Amount: (e) Maturity: (f) Repayment Terms: (g) Interest Rate: City of Edgewater, Florida Bank Qualified Tax Exempt Term Loan The proceeds will be used to finance the purchase of approximately 70 acres for a future Public Works Complex. Up To $600,000.00 November 1, 2019 Annual Principal payments commencing November 1, 2015. Interest shall be payable semi - annual commencing six (6) months after funding, using a 30 /360 -day count. Bank Qualified Tax Exempt Fixed Rate as of October 29, 2014: The bank qualified tax exempt loan interest rate will be fixed at closing with an indicative rate of 1.73% as of Oct 29, 2014. A premium of 9 basis points will be added to the quoted rate in order to hold the stated rate through the expected closing date of January 15, 2015 executed via Rate Lock Agreement. (h) Default Rate of Interest: The "default rate of interest" shall be six (6) percentage points in excess of the rate of interest charged prior to the occurrence of the event of default. Late Charges: If any payment due the Bank is more than fifteen (15) days overdue, a late charge of six percent (6 %) of the overdue payment shall be assessed. (j) Prepayment Privilege: Option A The Borrower can elect to have a "no prepayment" provision associated with this Term Loan if loan is being refinanced with other funds by adding a premium of 10 bps to the proposed fixed rate. Option B At the time of any full or partial prepayment, a fee equal to the greater of (i) 1.00% of the principal balance being prepaid multiplied by the "Remaining Term," as hereinafter defined, in years or (ii) a "Yield Maintenance Fee" in an amount computed as follows: The current cost of funds, specifically the bond equivalent yield for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent yield) with a maturity date closest to the "Remaining Term ", shall be subtracted from the Note rate, or default rate if applicable. If the result is zero or a negative number, there shall be no Yield Maintenance Fee due and payable. If the result is a positive number, then the resulting percentage shall be multiplied by the scheduled outstanding principal balance for each remaining monthly period of the "Remaining Term." Each resulting amount shall be divided by 360 and multiplied by the number of days in the monthly period. Said amounts shall be reduced to present values calculated by using the above reference current costs of funds divided by 12. The resulting sum of present values shall be the yield maintenance fee due to the Bank upon prepayment of the principal of the loan plus any accrued interest due as of the prepayment date. "Remaining Term" as used herein shall mean the shorter of (i) the remaining term of this Note, or (ii) the remaining term of the then current fixed interest rate period. 2. Fees and Expenses: No Bank Fee - Waived. The Borrower is responsible for Bank Counsel Fees for the review of the loan documentation which will be prepared by the Borrower's Counsel. Bank Counsel Fees shall not to exceed $2,500. Security: Pursuant to the Loan Agreement for this facility, the City shall covenant and agree to budget and appropriate in its annual budget, an amount from legally available non -ad valorem revenues of the City to pay the principal of and interest on the Loan after the payment of essential services of the City. "Non Ad Valorem Revenues" shall be defined in the Loan Agreement to mean all legally available revenues and taxes of the City derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available for Loan Payments. 4. Financial Reporting: Borrower(s) shall furnish the following financial reports: Type of Report(s) Frequency Due Date Audited Financial Statements Annually Within 270 days after the end of the City's fiscal year Approved Budget Annually Within 60 days after adoption The Bank reserves the right to request additional financial information to supplement or verify certain financial assumptions of the Borrower. 5. Other: Prior to closing, there shall be delivered to the Bank an opinion of Bond Counsel acceptable to the Bank covering matters customary for a transaction of this type and nature and which shall, without limitation, opine that: (1) the Borrower is duly formed; (2) all loan documents have been validly authorized and executed by and on behalf of the Borrower, if any; (3) all loan documents are valid, binding, enforceable in accordance with their terms and do not violate any legal requirements, including without limitation, organizational documents, laws and material agreements; and (4) Facility is Bank Qualified and Tax Exempt. 6. Financial Covenants: Additional Bonds Test: The City shall not issue additional Non -Ad valorem revenue obligations unless the City's Legally Available Non Ad- Valorem revenues in the General Fund, less the product of essential service expenditures times (non -ad valorem revenues divided by total General Fund revenues), is at least 1.50 times the maximum annual debt service on debt secured by or payable from non -ad valorem revenues, including the proposed debt to be issued. Essential service expenditures shall be defined as general government and public safety expenditures. 7. Other Conditions: a) The Loan will be issued on parity and cross defaulted as applicable with the other similarly pledged revenue b) Standard gross up language with respect to changes in Corporate Tax Rate or Tax Status of the loan. c) No Material Adverse Change to the Borrower d) Periodic loan payments shall be settled via auto debit. e) The implementation of certain terms, conditions, covenants or other non - material changes to the proposed Credit Accommodation required as part of the Bank's formal credit approval shall be deemed an approval in substantially the form outlined in this proposed Credit Accommodation.. f) All legal matters and documentation to be executed in connection with the contemplated proposed Credit Accommodation shall be satisfactory in form and substance to the Bank and counsel to the Bank. g) The Bank shall not be required to enter into the proposed Credit Accommodation until the completion of all due diligence inquiries, receipt of approvals from all requisite parties and the execution and receipt of all necessary documentation reasonably acceptable to the Bank and its counsel. The Bank complies with the US Patriot Act of 2001 (the "Act "), including, but not limited to; those sections relating to customer identification, monitoring and reporting of suspicious activities, and the prevention of money laundering. This Act mandates that we verify certain information about the borrower and any guarantor while processing the Credit Accommodation request. Furthermore, certain assumptions are made for this proposal which, if altered, could affect the overall credit approval and or the terms of the proposed Credit Accommodation h) All Standard terms and conditions for a loan of this type including but not limited to acceleration as a remedy for an event of default. THIS PROPOSAL IS NOT AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY THE BANK OR ANY AFFILIATE TO ENTER INTO ANY CREDIT ACCOMMODATION. Im Bank America's Most Convenient Bank" Federal Identification Number: 01- 0137770 1) Contact Info: James E. Weite Regional Vice President TD Bank, America's Most Convenient Bank 1060 West International Speedway Blvd. Daytona Beach, FL 32114 (386) 253 -2991 2) Lender's Counsel: Irvin M. Weinstein, Esquire Rogers Towers, P.A. 1301 Riverplace Blvd., Suite 1500 Jacksonville, FL 32207 (904) 346 -5523 TD Bank, N.A, 1060 West International Speedway Blvd. Daytona Beach, FI 32114 Tel: 386- 248 -3031 Fax: 386- 254 -7614 jim.weite @td.com City of Edgewater �v Legislation Text File #: AR- 2014 -442, Version: 1 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: Memorandum of Understanding Between Florida Paddling Trails Association and the City of Edgewater, Florida DEPARTMENT: Finance SUMMARY: This Memorandum of Understanding (MOU) is entered into by and between Florida Paddling Trails Association, a 501(c)(3) non - profit Florida organization, located at PO BOX 152 Homeland, FL 33847, hereinafter referred to as FPTA, and the City of Edgewater, Florida, hereinafter referred to as Blueway Community. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ® No ❑ Not Applicable RECOMMENDED ACTION: Approval of the Memorandum of Understanding and authorization for City Manager to sign. City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarT" Memorandum of Understanding Between Florida Paddling Trails Association and the City of Edgewater, Florida This Memorandum of Understanding (MOU) is entered into by and between Florida Paddling Trails Association, a 501(c)(3) non - profit Florida organization, located at PO BOX 152 Homeland, FL 33847, hereinafter referred to as FPTA, and the City of Edgewater, Florida, hereinafter referred to as Blueway Community. Purpose: The purpose of this MOU is to promote natural Florida as a destination for visitors to the state who increasingly ask for outdoor experiences and places to paddle. Statement of Mutual Interests and Benefits: FPTA is dedicated to developing, promoting, and protecting blueways and paddling trails throughout the state of Florida, providing a variety of outdoor experiences throughout Florida to connect visitors to the wonders of nature. The Blueway Community has several paddling trails /Blueways and offers basic tourism amenities and can be marketed as a nature -based tourism destination, resulting in local economic stimulus and increased public awareness of natural Florida. This MOU is established between FPTA and the Blueway Community to help each other accomplish mutually beneficial objectives: A. Educate local businesses of the value of the Blueway as an economic resource. B. Enable both parties to apply for targeted grants to assist in the community's efforts towards nature -based tourism development, economic development, and trail- related infrastructure development through the development of promotional products, educational resources or signature events. C. Increased usage and awareness of the Blueway attracting more eco- tourists to local communities. D. Promote responsible tourism development within the community and support of the Blueway. In consideration of the above premises, the parties agree as follows: FPTA shall: 1. Promote the Blueway Community as a destination through its website and other media. 2. Offer outreach materials to the community such as brochures, newsletters, posters, displays, etc. 3. Provide detailed information on paddling opportunities near the community that can be reproduced and distributed to visitors to Blueway Community. 4. Provide periodic guided paddles that depart from or end at the Blueway Community. 1 (Agre ement/F laPaddlingTrails & City) 5. Provide support at local festivals or other community events to encourage interest in the Blueway, when possible. 6. Make available 36" x 36" metal signs with the Florida Paddling Trail Blueway Community logo for posting in the Blueway Community. The FPTA solicits local sponsorship to defray the cost of signage and Blueway promotional materials. Blueway Community shall: I . Include the Blueway and the FPTA in their promotional materials. 2. Make Blueway information available to the public at the local visitor centers and /or Chamber of Commerce and provide space for a FPTA display or wall mounted poster. 3. Work with the local FPTA contact to promote periodic guided paddles or events. 4. Assist in promoting special events that promote paddling in Edgewater. 5. Monitor the number of visitors who are seeking the Blueway Community as a destination for paddling. 6. Attract businesses that support nature -based tourism such as outfitters, hotels, and shuttling services and assure that FPTA maps and guides will be available from a business in town for visitors to purchase. 7. Encourage local businesses to provide discounts on accommodations or special weekend packages for visitors who show their FPTA membership card. 8. Install Florida Paddling Trails Blueway Community signs at various paddling destinations after the issuance of the Proclamation. We, the undersigned, have agreed on the contents of this MOU. Any changes must be agreed to by both parties. Blueway Community —(City of Edgewater) Signed Tracey T. Barlow City Manager Florida Paddling Trails Association Signed Title 2 (Agre ement/F laPaddlingTrails & City) Date Date City of Edgewater �v Legislation Text File #: AR- 2014 -455, Version: 1 COUNCIL AGENDA ITEM SUBJECT: December "EdgeFest" Parking Event Agreements DEPARTMENT: Finance SUMMARY: 104 N. Riverside Drive Edgewater, FL 32132 Edgewater's monthly event series "EdgeFest" will be held this month at the City Hall complex on Saturday December 13 th . In preparation for the potential crowds we need to secure the appropriate parking arrangements that we do similar with our annual July 4t' event. Parking to be provided at: First Baptist Church of Edgewater United Methodist Church of Edgewater Now, Inc BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Authorize the Mayor to execute the Event License agreements with First Baptist Church of Edgewater, United Methodist Church of Edgewater and Now, Inc. City of Edgewater Page 1 of 1 Printed on 11/20/2014 powered by LegistarT" CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING — EDGEFEST — DECEMBER 13, 2014) THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement ") is made and entered into this day of , 2014, by and between the CITY OF EDGEWATER ( "City ") and FIRST BAPTIST CHURCH OF EDGEWATER, INC., whose address is 130 East Park Avenue, Edgewater, Florida 32132 ( "Owner "). WITNESSETH: WHEREAS, the City is sponsoring an EdgeFest Event, which will be held on December 13, 2014, within the City of Edgewater (the "Event "); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater on East Park Avenue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on December 13, 2014. 4. Insurance: Indemnification. In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, 1 ( Agreement/ EventLicenselndemnification- BAPTISTCHURCH- EdgeFest - December 132014) the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 5. Maintenance: Clean -up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: OWNER: FIRST BAPTIST CHURCH OF EDGEWATER, INC. Calvin Patrick Trustee Dated: ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Ignasiak City Clerk Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Kundid, Ciocchetti & Wagner Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this day of December, 2014 under Agenda Item No. 2 ( Agreement/ EventLicenselndemnification- BAPTISTCHURCH- EdgeFest- December 132014) CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING — EDGEFEST — DECEMBER 13, 2014) THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement ") is made and entered into this day of , 2014, by and between the CITY OF EDGEWATER ( "City ") and NOW, INC., whose address is 115 North Ridgewood Avenue, Edgewater, Florida 32132 ( "Owner "). WITNESSETH: WHEREAS, the City is sponsoring an EdgeFest Event, which will be held on December 13, 2014, within the City of Edgewater (the "Event "); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater at the corner of Lamont and North Ridgewood Avenue (the "Property "); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on December 13, 2014. 4. Insurance: Indemnification. In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, 1 (A greement /EventLicenselndemnification- NOW - EdgeFest- December 132014) the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 5. Maintenance: Clean -up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Kundid, Ciocchetti & Wagner OWNER: NOW, INC. Mohammed M. Azam Owner /President Dated: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Ignasiak Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this day of December, 2014 under Agenda Item No. 2 (A greement /EventLicenselndemnification- NOW- EdgeFe st- December 132014) CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING — EDGEFEST — DECEMBER 13, 2014) THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement ") is made and entered into this day of , 2014, by and between the CITY OF EDGEWATER ( "City ") and UNITED METHODIST CHURCH, whose address is 211 N. Ridgewood Avenue, Edgewater, Florida 32132 ( "Owner "). WITNESSETH: WHEREAS, the City is sponsoring an EdgeFest Event, which will be held on December 13, 2014, within the City of Edgewater (the "Event "); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater at the intersection of Lamont and North Ridgewood Avenue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on December 13, 2014. 4. Insurance: Indemnification. In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, 1 ( Agreement/ EventLicenselndemnification- METHODI S TCHURCH- EdgeFest- December 132014) the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 5. Maintenance: Clean -up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: OWNER: EDGEWATER METHODIST CHURCH Reverend Gary Tarleton Dated: ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Kundid, Ciocchetti & Wagner CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Ignasiak Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this day of December, 2014 under Agenda Item No. 2 ( Agreement/ EventLicenselndemnification- METHODI S TCHURCH -EdgeF e st- December 132014)