2002-R-01
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RESOLUTION NO. 2002-R-Ol
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, VOL USIA COUNTY, FLORIDA;
AUTHORIZING SUBMISSION OF A VOL USIA ECHO 2002
GRANTS-IN-AID APPLICATION TO THE COUNTY OF
VOLUSIA; ASSURING DEDICATION AND AVAILABILITY
OF THE REQUIRED FIFTY PERCENT (50% ) MATCHING
FUNDS; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ENTER INTO A BINDING GRANT AWARD
AGREEMENT AND RESTRICTIVE COVENANTS;
PROVIDING FOR TRANS MITT AL OF THE ECHO GRANT
APPLICATION AND CERTIFICATION TO VOLUSIA
COUNTY; PROVIDING SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Hawks Park, a twenty-six (26) acre recreational complex, is located at 148
West Turgot Avenue.
WHEREAS, the City of Edgewater, purchased an additional seven (7) acres which will
connect to Hawks Park and provide additional benefits to area residents, businesses and tourists.
WHEREAS, the City wishes to develop the additional seven (7) acres, located at 1108 South
Ridgewood Avenue.
WHEREAS, the City Council of the City of Edgewater, Volusia County, Florida, has
authorized submission of a Volusia ECHO 2002 Grants-In-Aid application to Volusia County's
Growth and Resource Management Department.
WHEREAS, a copy of the ECHO 2002 Grants-In-Aid application is attached and
incorporated herein as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of
Edgewater, Florida
Section 1. The City Council hereby authorizes submission of the Volusia ECHO 2002 Grants-
In-Aid application to the County of Vol usia's Growth and Resource Management
Department.
Section 2. The project name for which the grant is requested will be known as Hawks Park
Project.
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Section 3. The total cost of the project is estimated to be one million forty-six thousand five
hundred seventy-four and nollOO dollars ($1,046,574.00).
Section 4. The City is requesting a grant in the amount of four hundred sixty- four thousand nine
hundred thirty-one and nolI 00 dollars ($464,931.00).
Section 5. The City has already expended four hundred eighty-seven thousand one hundred ten
and noll 00 dollars ($487,110.00) on the Project. The City hereby assures dedication
and availability of additional matching funds, in the amount of ninety- four thousand
five hundred thirty-three and noll 00 dollars ($94,533.00) within ninety (90) days of
the Grant award funding notification, which exceeds the required fifty percent (50%)
match.
Section 6. The City Council hereby authorizes the appropriate City Officials to enter into a
binding grant award agreement and restrictive covenants.
Section 7. The City is fiscally and legally responsible to satisfactorily develop, operate and
maintain the Project.
Section 8. The City Council hereby designates Jack Corder, Director of Parks and Recreation,
to transmit a copy of this resolution, the certification and the original grant
application and twenty copies to the County of Volusia's Growth and Resource
Management Department.
Section 9. An official, adopted and certified resolution of the City of Edgewater, shall be
included with the application.
Section 10. That all resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 11. This resolution shall take effect upon adoption.
2002-R-Ol 2
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After Motion by XL-- and Second by G°,._.,.. to to
on this resolution was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown _
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes �l
Councilwoman Judith Lichter
PASSED AND DULY ADOPTED this t a j!" day of January, 2002.
ATTEST:
Susan J. Wa sworth
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
Robin L. Matusick
.... Legal Assistant
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
2002-R-01 3
Approved by the City Council during the
Council meeting held on the day of
January, 2002 under Agenda Item / 4 .
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2002 VOLUSIA ECHO PROGRAM APPLICATI,ON(page 1 0(2)
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TAB 1. APPLICANT INFORMATION For ECHO UseQIilY
Application No., 02-
1. Applicant: (Legal name of organization as shown on IRS 501 (c)(3) letter
City of Edgewate~
Applicantname: continued (dba, dept.~ etc.)
Edgewater Parks & Recreation Dept.
Address: (Mailing) F. O. Box 100
City';' Edgewater
State: Florida
Address: (Street) 104 N . Riverside Drive
Zip Code: 32132
City:" Edgewater
State: Floricla . . ZipCode;3~132
Telephone:(AreaiNl,lmb~r) . (386)424':'2485 "fcpc;~;(A,i~~umbeir (386)424;"2416
Email:. jcorder@c~tyofedgewater. Org
2. FEIQ #; 59~600314 ~.~esident County Council Di~trict ofPI"()ject: .2
4. Contact Person; . First: Jack
Title: Director of Parks & Recreation
Contact Person's Telephone Number: (386) 424-2485
Last: Corder
E-Mail Address: j c~:rde~@dt:y6fJdgewate:r
. . " '" .'.~org
5. Project Title:
Hawks Park Fhase II
6. Project Location: Address:
1108S. RidgewoodAvenue
City: Edgewater, FL
7. Type of Project: (See page 12)
a. Acquisition
(b) Renovation
Zip Code: 32132
Single-Phase x
Multiphase
@ New Construction
Check One:
8. ECHO Category (see definitions) Checlanark all that apply:
Ex C X Hx 0 X
9. The project facility is (cbec~ OI1~): Lowned by the applicant ~leased by the applica#t
_applicant requesting acquisition ' . . . '.
If leased or req~esting acquisition, lis,t .~~.~.l~~~~ror current owner, contact and address:
The property is currently owned by the applicant.
Length of lease: Lease date from
There is no lease involved.
to
(include the day/year)
\\VC1\SYS\GM\COMMON\HODGE\Grant app\GC Approved Application lO-18-2001.doc
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10. Type of Organization (must be either "A", or "BI and B2" to be eligible.)
a. Is the applicant a city government or county department? x Yes No
b.t. If "no" to the above, is the applicant organization incorporated or authorized
as a not-for-profit corporation, in good standing, pursuant to chapter 617, Florida
statutes? Yes No
b.2 Is the applicant organization designated as a tax-exempt corporation as defined
in Section 501(c)(3) of the Internal Revenue Code of 1954, and designated as being
in compliance with s. 170 of the Internal Revenue Code of 1954, at the time of
application? Yes x No.
Non-profit applicants must provide the IRS letter granting status
11. Mandatory Workshop attended: 11/10 & 12/5 by L}mne Plaskett & Jack Corder
12. Project funding:
Total Amount Requested from the Volusia ECHO Program
Confirmed Matching Funds for this Project:
$
$
464.931.00
585,643.00
TOTAL PROJECT COST (This application grant and match): $ 1.050.574.00
\\VCl\SYS\GM\COMMONIHODGE\Grant app\CC Approved Application lO-18-2001.doc 31
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TAB 1: FORM - CERTIFICATION OF INFORMATION AND COMPLIANCE.
We certify that all of the information contained within this application and subsequent
......... attachments is true and correct to the best of our knowledge, and that the project for which
application is made shall be. in compliance with the Americans with Disabilities Act of 1990, and
that should a grailt be awarded, theorganlzation agrees to comply withthe conditions of the
ant award a eement includin the Restrictive Covenants.
1. OFF! TH AUTHORITY TO TRACT FOR THE OWNER OF THE PROPERTY
Signatur. - . . ~
Typed Name:
Donald Schmidt
Title:
January 28, 2002
Date:
Ma or
Phone Number:
(386 424-2400
TO CONTRACT FOR THE,APPLICANT
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Typed Nam .
Kenneth Hoo er
Title:
Cit Mana er
Phone Number:
386 424-2404
Januar 28, 2002
Date:
3. CHIEF FINANCIAL OFFICER FOR THE APPLICANT
Si ature:
"
Typed Name:
Michele Goins
Title:
Finance Director
Phone Number:
386 424-2471
January 28, 2002
Date:
4. CONTACT PERSON AS LISTED ON FIRST PAGE OF APPLICATION FORM
Signature: . ~ 1. /J ~
/~:(lu:.... L' ~/'v"--------'
- / ~
Typed Name:
v
Jack Corder
Title:
January 28, 2002
Date:
Director of Parks and Recreation
Phone Number:
386 424-4285
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APPLICA TION MUST INCLUDE ONE OF THE FOLLOWING FORMS SIGNED
PROFESSIONAL CERTIFICATION
PROJECT ARCIDTECTfENGINEER
NAME AND ADDRESS OF PROJECT ARCHITECT/ENGINEER:
APPLICANT NAME AND PROJECT TITLE:
The following preparatory documents for Project Planning have been completed:
x preliminary and schematic drawings complete
x design and development documents complete
x construction documents complete (March 2002)
I certify that I have reviewed this application and that the technical project information is correct
as sited.
'Pc: dS'-{6S<'1
gmeer
PROFESSIONAL CERTIFICATION
PROJECT CONTRACTOR
NAME AND ADDRESS OF PROJECT CONTRACTOR:
APPLICANT NAME AND PROJECT TITLE:
The following preparatory documents for Project Planning have been completed:
preliminary and schematic drawings complete
design and development documents complete
construction documents complete
I certify that I have reviewed this application and that the technical project information is correct
as sited.
Signature: Project Contractor
Date
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and
entered into this ~ day of Auc...,,~1" 2001 ("Effective Date") by and between
DUSTIN'S BAR-B-Q, INC. whose address is 1208 South Ridgewood Avenue, Edgewater,
Florida 32132 (hereinafter referred to as the "Seller"), and the CITY OF EDGEWATER, a
Florida municipal corporation, whose address is P.O. Box 100, Edgewater, Florida 32132-
0100 (hereinafter referred to as the "City").
WIT N E SSE T H:
WHEREAS, the Seller is the owner of fee simple title to certain real property located
in V olusia County, Florida, as more particularly described in Exhibit "A" attached hereto and
by this reference made a part hereof (the "Property"); and
WHEREAS, the City is a Florida municipal corporation which is authorized to
exercise condemnation powers pursuant to Chapter 166, Florida Statutes; and
WHEREAS, the City desires to acquire from the Seller fee simple title to the Property
for development and use as a park site (the "Project"); and
WHEREAS, the City has advised Seller that if the City and the Seller do not enter into
an agreement for the purchase and sale of the Property that the City intends to use its power of
eminent domain to condemn the Property; and
WHEREAS, Seller, under threat of condemnation, has agreed to sell the Property to
the City, and the City has agreed to purchase the Property, together with any and all
improvements, structures, fixtures and appurtenances thereto on the terms and conditions
stated below.
NOW, THEREFORE, in consideration of the promises and other good and valuable
. considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2. The Purchase - The Property. Seller, under threat of condemnation, agrees to
sell and the City agrees to purchase, for the Purchase Price (as defined below) and on the
terms and conditions herein set forth, the Property, together with all tenements, hereditaments,
improvements, structures, fixtures, trees, shrubbery, roads and easements, appertaining thereto
and all of the Seller's right, title, and interest therein. The Seller shall convey to the City
marketable, fee simple title to the Property by Special Warranty Deed free and clear of all
liens, mortgages and encumbrances, except for restrictions, reservations and easements of
record, if any. The instrument of conveyance shall transfer all of Seller's interest in and to all
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improvements, fixtures, easements, trees, shrubbery, rights-of-way, tenements and
appurtenances belonging or appertaining to the Property, including without limitation of the
foregoing, all right, title and interest of Seller in and to any land lying in the bed of any street,
alley, road or avenue (before or after vacation thereof, and whether previously abandoned or
vacated or hereafter abandoned or vacated).
3. Purchase Price.
(a) The Purchase Price for the Property shall be FOUR HUNDRED TEN
THOUSAND AND NO/I00 DOLLARS ($410,000.00) (the "Purchase Price"). The parties
hereby acknowledge and agree that the Purchase Price: (a) constitutes full compensation to the
Seller for the value of the Property and the resultant damage, if any, to the remainder of the
lands adjacent thereto owned by the Seller less any charitable contribution, if any; (b) includes
full compensation to the Seller for all trees, shrubbery and other improvements on the
Property, all of which may be removed by the City in connection with the Project; and (c)
includes compensation and reimbursement to the Seller for all costs and expenses incurred or
to be incurred incident to this Agreement and the Closing hereof, including but not limited to
attorneys' fees and appraisal fees.
(b) Seller has advised City that Seller believes the fair market value of the
Property is $425,000.00. The City has advised Seller that it is unwilling to purchase the
Property based on Seller's asking price of $425,000.00. The Seller has advised the City that it
is willing to donate to the City, as a charitable contribution, the difference between the fair
market value of the Property based on Seller's appraisal and the Purchase Price set forth in this
Agreement. Seller has advised the City that it intends to claim a charitable contributions
deduction for federal income tax purposes in connection with the sale of the Property based on
the difference between the Seller's asking price and the Purchase Price set forth herein. The
entering into this Agreement by the City, however, is not to be construed as an
acknowledgment or representation of agreement of the claim of fair market value being
$425,000.00.
(c) It is expressly agreed by Seller that the Purchase Price is an amount
negotiated by the parties under threat of condemnation and constitutes an amount which the
Seller, under threat of condemnation, is willing to accept, together with any charitable
contribution which may be claimed by Seller for federal income tax purposes, as full
compensation to it for the Purchase Price and that the Seller will execute and deliver at Closing
a Release in the form attached hereto as Exhibit "B" and by this reference made a part hereof.
4. Title.
(a) Within five (5) days after the Effective Date, the City shall cause to be
prepared an AL T A Form B Commitment showing good and marketable fee simple title to the
Property vested in Seller, in the amount of the Purchase Price for an owner's title insurance
policy (the "Title Commitment") issued by First American Title Insurance Company through
its agent Foley & Lardner (the "Title Company"). The costs of the Title Commitment, the
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owner's title insurance policy and any title searches or status of title reports/certificates and
updates associated therewith shall be paid by the City.
(b) Within ten (10) days from the Effective Date, the City shall deliverto Seller
written notice of any title matters which are not acceptable to the City (the "Title Objections").
If the City raises any Title Objections, then Seller shall, at Seller's expense, undertake
reasonable and diligent efforts to cure and remove such Title Objections within ten (10) days
after receipt of the Title Objections (the "Title Cure Period"). In the event an encumbrance or
lien appears of record which will be discharged by Seller at or prior to Closing or from the
closing proceeds, then such encumbrance or lien will not be considered to be a Title Objection.
If, after the exercise of reasonable and diligent efforts, the Seller is unable to cure the Title
Objections within the Title Cure Period (or such longer time period as the City, in its sole
discretion may elect), then the City shall have the option to (i) terminate this Agreement by
providing Seller with written notice of its intent to do so within five (5) days after the
expiration of the Title Cure Period thus rendering the Agreement of no further force and effect
except as otherwise provided herein or, (ii) waive such defect or defects and proceed to close,
accepting title as it then is and without setoff or reduction in the Purchase Price.
(c) At Closing, Seller shall provide the Title Company with such affidavit as is
necessary to delete the standard exceptions in the Title Commitment including, without
limitation, parties in possession, unfiled construction liens and unrecorded leases.
5. Survey.
(a) Within five (5) days from the Effective Date, the City, at the City's expense,
shall obtain a current boundary survey of the Property (hereinafter referred to as the "Survey")
prepared by a Registered Professional Land Surveyor reasonably acceptable to the City,
including a metes and bounds legal description of the Property and a certification of the gross
acres of land located within the boundary of the Property. The Survey shall show any
easements capable of being shown on the Survey, encroachments or overlaps on the Property.
The legal description of the Property as set forth on the Survey shall be utilized in the Title
Commitment, Title Policy, Special Warranty Deed and all other closing documents.
(b) Within ten (10) days from the Effective Date, the City shall deliver to Seller
written notice of any survey matters which are not acceptable to the City (the .. Survey
Objections"). Survey Objections shall be treated in the same manner as Title Objections. If
the City fails to give written notice of Survey Objections within the Title Examination Period,
then the Survey shall be deemed acceptable to Purchaser.
(c) The Survey shall be certified to the Seller, the City, the Title Company,
Foley & Lardner and such other entities as may be designated by the City and Seller.
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6. Feasibility Investiiation.
(a) The City shall have fifteen (15) days from the Effective Date (the
"Inspection Period") within which to investigate the physical and economic feasibility of
developing ~he Property for the City's intended purposes including, without limitation,
investigation of all drainage conditions, soils, other environmental factors, sewer and water
utility capacity and availability factors, market demand, and any other factors whatsoever
considered appropriate by the City, in its sole and absolute discretion, to determine the overall
feasibility of the Project. For the purposes of conducting this investigation, the City shall have
the right, both during the Inspection Period and prior to Closing, to personally or through
agents, employees, and independent contractors, to enter upon the Property for the purposes of
inspecting the Property, making additional surveys, soil tests, test borings, topographical
studies and conducting such other investigations of the Property and/or engineering work
which the City deems appropriate.
(b) To the extent permitted by law, the City shall assume all risks involved in
entering upon the Property for the performance of such activities and to the extent permitted by
law, shall indemnify and hold Seller harmless from and against all loss, liability, costs, claims,
demands, damages, actions, causes of action, suits and expenses arising out of, related to or
caused by the City in the exercise of any of the City's rights under this Section. In the event
this Agreement fails to close, upon request of Seller, the City shall, at its sole cost and
expense, restore the Property to its condition as of the Effective Date and provide Seller a
general release of all liens for any and all work or services provided on behalf of the City on
the Property after the Effective Date.
(c) In the event the City determines, in its sole discretion that it is not desirable
or feasible to develop the Property for the City's intended purposes or that it is not satisfied as
to any other matters set forth in this Section, or any other matters which the City deems
relevant, then in such event the City may, in .the City's sole discretion, elect to terminate this
Agreement by furnishing written notice thereof to Seller prior to the expiration of the
Inspection Period and the parties hereto shall thereafter be relieved of all rights and obligations
hereunder except for those rights and obligations which expressly survive the termination of
this Agreement.
7. Closini Costs: Tax Proration. The City shall pay all closing costs associated with
this Agreement, including all recording fees and documentary stamp taxes relating to or
resulting from the transfer of title to the City of the Property. Real property taxes in
connection with the conveyance of the Property shall be paid prorated as of the day of the
acceptance of the conveyance by the City and the prorated amount shall be paid by the Seller
and shall be escrowed in accordance with the provisions of Section 196.295, Florida Statutes.
Notwithstanding the foregoing, if the Closing for the Property occurs between November I and
December 31, then Seller shall pay all real property taxes for the entire year.
8. Adjacent Property. City acknowledges that Seller is the owner of adjacent lands to
the south of the Property as of the Effective Date which is currently being utilized as a
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restaurant known as Dustin's (the" Adjacent Property"). The City hereby acknowledges that
the City will take no action concerning the zoning or existence of the Adjacent Property in
connection with this Agreement or the development of the Property as a park site.
9. Closin2. Closing for the Property shall take place at the offices of the City
Attorney at the City of Edgewater, 104 N. Riverside Drive, Edgewater, Florida 32132-0100 at
10:00 a.m. on September 17, 2001 (the "Closing"). The City's legal counsel shall be
responsible for the preparation of all closing documents, at the City's expense.
10. Seller's Representation and Warranties. Seller represents and warrants to the
City that the following statements are true and correct, and the City's obligation to close shall
be conditioned on the same being true and correct as of the Closing:
(a) Seller has full power and authority to enter into and perform this Agreement
in accordance with its terms and has taken all necessary action or equivalent to authorize the
execution, delivery and performance of the terms and conditions of this Agreement.
(b) Seller owns marketable fee title to the Property and Seller's execution,
delivery and/or performance of this Agreement is not prohibited and will not cause a default
under any agreement, covenant, document or instrument.
(c) Seller has not received any notice (i) that the continued ownership,
operation, use and occupancy of the Property violates any zoning, building, health, flood
control, fire or other law, ordinance, order or regulation or any recorded document affecting
the Property or (ii) of the existence of any dangerous or illegal condition with respect to the
Property requiring corrective action. Seller has no actual knowledge of violations of federal,
state, county or municipal law , ordinance, order, regulation or requirement affecting all or any
portion of the Property and the Seller has received no written notice of any such violation
issued by any governmental authority. Seller has no actual knowledge of any dangerous or
illegal condition with respect to the Property or affecting the Property which requires
corrective action.
(d) There is no pending litigation or dispute involving or concerning the location
of the boundaries of the Property or in any way affecting the title to or ownership of the
Property .
(e) Except for this Agreement or as evidence by instruments recorded in the
Public Records of V olusia County, Florida, Seller has not entered into any leases, licenses,
contracts or other agreements relating to any portion of the Property which will survive the
Closing.
(f) Seller represents that there are no mechanics liens or other claims against the
Property and that the Seller has no unpaid bills for labor or services performed on, or for
material supplied to the Property, except for those unpaid bills which will be paid prior to the
Closing or paid by Seller with funds escrowed from the Closing proceeds.
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(g) No member of the City Council of the City of Edgewater, no agent or
employee of the City of Edge water, and no person related by blood or marriage to any of the
aforesaid has or will benefit in anyway, either directly or indirectly, from, or receive any
portion of the payments to be made to Seller under the provisions of this Agreement.
(h) There are no persons or entities in possession of all of any portion of the
Property, as the case may be, as lessee's, tenants at sufferance, licensees or trespassers. At the
time of Closing, no person or entity shall be entitled to or be in possession of any portion of
the Property.
(i) Seller is not a "foreign person" as such term is defined in Section 1445(t) of
the Internal Revenue Code.
(j) There are no assessment liens pending or proposed, certified, confirmed,
ratified, special or otherwise affecting the Property.
(k) There is continuous ingress and egress to the Property by means of a
dedicate public road.
(I) Seller shall refrain from taking, between the Effective Date and Closing, that
which would cause, or threaten to cause, any representation of Seller's, as contained in this
Agreement, to become materially incorrect or untrue during such period.
(m)Seller shall take, or cause to be taken, all actions necessary to cause the
representations of the Seller as contained in this Agreement to remain materially true and
correct in all respects from the Effective Date through Closing as to the Property.
11. Broker.
(a) Seller represents and warrants to the City that it is not aware of any person
or entity which would be entitled to a commission, compensation or brokerage fee for the
bringing about of this transaction or the consummation hereof. Seller agrees to indemnify and
to hold the City harmless from any such commission, fees, or compensation which may be
claimed to be due thrpugh the Seller or pursuant to the acts of Seller or Seller's
representatives. Seller further covenants and agrees to indemnify the City for damages, court
costs and reasonable attorneys' fees and paralegals fees, at both a trial and appellate levels,
incurred as a result of any such claim.
(b) The City represents and warrants to Seller that is not aware of any person or
entity which would be entitled to a commission, compensation or brokerage fee for the
bringing about of this transaction or the consummation hereof. To the extent permitted by law,
the City agrees to indemnify and to hold Seller harmless from any such commission, fees or
compensation which may be claimed to be due through the City or pursuant to the acts of City
or City's representative. To the extent permitted by law, the City further covenants and agrees
to indemnify Seller for damages, court costs and reasonable attorneys' fees and paralegal's
fees, at both the trial and appellate levels, incurred as a result of any such claim.
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(c) The provisions of this Section shall survive the termination of this
Agreement.
12. ^dditional Documentation. In connection with the conveyance of the Property.
the Seller shall execute such closing documents as may reasonably be required by the City.
including but not limited to a standard form no-lien affidavit, a non-foreign certification, a.nd a
closing statement.
13. Further Documentation. The parties agree that at anytime following a request
therefor 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 and the consummation of the transactions
contemplated hereby. The provisions of this paragraph shall survive the Closing.
14. Specific Performance. Both the City and the Seller shall have the right to enforce
the terms and conditions of this Agreement by an action for specific performance.
15. Time of Essence. Time is of the essence for this Agreement and in the
performance of all conditions, covenants, requirements, obligations and warranties to be
performed or satisfied by the parties hereto.
16. A2reement: 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.
17. Applicable Law. This Agreement shall be construed and interpreted in accordance
with the laws of the State of Florida.
18. Disclosure of Beneficial Interest. Contemporaneous with the execution of this
Agreement, Seller shall deliver to the City a public disclosure of its beneficial ownership which
shall comply with the requirements set forth in Section 286.23, Florida Statutes. This
Agreement constitutes a written notice from the City to Seller requesting the foregoing
disclosure and informing Seller that such disclosure must be made under oath, subject to the
penalties prescribed for perjury .
19. Successors and Assi2US. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their respective legal representatives, successors, heirs and
assigns.
20. Ne20tiated Price to be Without Prejudice. The Purchase Price specified herein
was negotiated by the parties on the basis of a total price for the Property, with consideration
of any applicable donation by Seller to City, and shall be without prejudice to any party, and
inadmissible in any condemnation proceedings which might hereinafter be brought if this
transaction is not closed for any reason whatsoever.
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21. Tax Deferred Exchange. The City agrees to cooperate with the Seller to
effectuate a tax deferred exchange, if necessary, under the provisions of Section 1031 of the
Internal Revenue Code of 1986, as amended, provided, however, that (i) the date of Closing
hereunder shall not thereby be delayed, (ii) such exchange is without cost or expense to the
City, and (iii) Seller indemnifies and holds the City harmless from and against any cost or
expense or other liability, tax or action which may be incurred solely as a result of such
exchange.
22. Effective Date. The Effective Date of this Purchase and Sale Agreement shall be
the date that it is executed by the City and such date shall be inserted on the front page of this
Agreement.
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CITY OF EDGEWATER
904 424 2409
09/06 '01 08:43 NO.199 02/03
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IN WITNESS WHEREOF, the parties hereto have duly executed this A greemc:nt , to
become effective as of the date and year first above written.
SELLER:
Signed and delivered
in the presence of:
DUSTIN'S BAR-B-Q, INC.
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Prior ame: L ,;;.eP." --;-0""'-. H'~OI'\.
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006.217374.4
CITY OF EDGEWATER
904 424 2409
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Signed, sealed and delivered
in the presence of:
A T'l'RST:
For the use and reliance only by the City
of Edgcwatcr, Florida. ~roYed as to
form and legality this ~ day of
/fwCr "'YT 200 1.
BY~
N~e:
RNEY
Foley & Lardner
006.217374.4
09/06 '01 08:43 NO.199 03/03
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CITY:
CITY OF EDGEW A TER, a Florida '
municipal corporation
Byg~4J?1Q2 ,~~g
DONALD A. SCHMIDT,
Mayor
Executed on: 8131 , 200 1
APPROVED BY TIlE CITY COUNCn..
OF THE CITY OF EDGEW A TER AT A
MEETING HELD ON THIS , , DAY
OF ~ ,2001 UNDER
AG A ITEM NO. FA
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COUNTY OF VOLUSIA
ECHO GRANTS-IN-AID
AGREEMENT
WHEREAS, the voters of Volusia County overwhelmingly approved the Volusia
ECHO ballot initiative, as outlined in Resolution 2000-156, and affirmed their desire to
have a long-term development program that funds projects that enhance the quality of
life in Volusia County by ensuring the availability of environmental, cultural, historical,
and outdoor recreational opportunities, and
WHEREAS, Resolution 2000-156 sets forth objectives, criteria and procedures
for implementation of the Volusia ECHO Program, and
WHEREAS, the County of Volusia Department of Growth and Resource
Management has budgeted funds for eligible ECHO projects, and
WHEREAS, the County of Volusia has determined that Project No. <number> a
project of <oraanization>, is eligible for Volusia ECHO funding.
AGREEMENT
The County of Vol usia, 123 W. Indiana Avenue, Deland, Florida (hereinafter
referred to as the "County"), and <insert oraanization name and address>, a <insert
name of organization, 501 (c)(3) Not-for-Profit or a Florida Municipal Corporation>
(hereinafter referred to as "Grantee"), agree as follows:
1. Within the 2002 - 2003 grant cycle, the County of Vol usia shall designate funds not
to exceed <dollar amount>. to be held for the Grantee, for the performance of items
approved for funding which are described and attached hereto as "Exhibit A" (the
application and any added Council approved requirement) and made a part of this
agreement.
2. The funds will be made available to the Grantee on a 1:1 match basis as detailed in
"Exhibit A" and expenditures reimbursed on a quarterly basis unless otherwise
agreed upon by the County and if the Grantee has maintained all grant requirements
and as the Grantee provides:
a. Documentation, in the format provided for by the County (Exhibit B),
explaining encumbrances. and expenditures.
b. The Grantee shall provide Release of Liens for the quarter preceding the
reimbursement request.
3. Ten (10) percent of the grant funds will be withheld until the total project and final
reports are completed_as described in "Exhibit A".
4. It is understood between the parties that the amount of funds designated in section 1
above is the maximum amount the County will provide, but the County shall only pay
eligible expended costs as they are concurrently matched 1: 1 by the applicant.
5. The expiration date of this grant will be exactly 365 days after the execution of this
agreement unless an extension is granted by the County as provided for in the
application (Exhibit A). If an extension is granted, the ECHO funds and an equal
value corresponding match must be encumbered within the initial 365 days following
U:\Grant app\agreementdraft12-18-01. doc
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15. The Grantee agrees to be responsible for and comply with all local, state and federal
permits and laws. .
16. The Grantee agrees that failure to comply with this agreement and all attached
documents which are part of this agreement may result in the Grantee repaying the
grant funds, in part or whole, to the County. In addition, the Grantee agrees that
failure to comply with all requirements may result in its being denied future grant
funds for other projects under the ECHO grant program.
By their hands and seals, the duly authorized officers or representatives of these
respective parties execute this document this <day> day of <month>, <year>.
WITNESSES:
County Council,
County of Vol usia, Florida,
Chair
Attest County Manager
WITNESSES:
Grantee:
Authorized Official
U:\Grant app\agreementdrafl:12-18-01.doc
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The following is an example of Restrictive Covenants:
THESE COVENANTS are entered into this day of ,
, by City of Edgewater, hereinafter referred to as "the Owner" and City of Edgewater,
hereinafter referred to as ''the Grantee/Lessee" and shall be effective for a period of forty years from the
date of recordation by the Clerk of the Circuit Court of Vol usia County, Florida.
WHEREAS, the Owner is the fee simple title holder ofthe Property located at 1108 S.
Ridgewood Avenue. Edgewater. Florida. in the County of Vol usia, Florida, as described as Exhibit A,
attached to and made a part hereof: and
WHEREAS, the Grantee/Lessee is to receive ECHO Grant Program funds administered by the
County of Vol usia, Florida, 123 W. Indiana Avenue, DeLand, FL 32720, hereinafter referred to as ''the
County", in the amount of$500.000.00, to be used for the acquisition/renovation/restoration/construction
of the facility situated on the property of the Owner as described as Exhibit A, and
WHEREAS, said County funds have been or will be expended for the purpose of
Now THEREFORE, as part ofthe consideration for the County grant, the Owner and the
Grantee/Lessee hereby make and declare the following restrictive covenants which shall run with the title
to said Property and be binding on the Owner and its successors in interest, if any, for the period stated in
the preamble above:
1. The Owner and Grantee/Lessee agree to maintain the property so that it
continues to be used for as Hawks Park cultural Center facility as defined in the ECHO application
definition and application outline.
2. The Owner and the Grantee/Lessee agree that the County of Vol usia, its
Agents and its designees shall have the right to inspect the Property at all reasonable times in order to
ascertain whether the conditions of the Grant Award Agreement and these covenants are being observed.
3. The Owner and the GranteelLessee agree that these restrictions shall
encumber the property for a period of forty years from the date of recordation, and that if the restrictions
are violated within the forty year period, the County of V olusia shall be entitled to liquidated damages
pursuant to the following schedule:
a. If the violation occurs within the first twenty years of the
effective date ofthese covenants, the County shall be entitled to return of the entire grant amount.
b. If the violation occurs after the first twenty years, the County shall
be entitled to return ofthe entire grant amount, less 5% for each year past the first twenty. For instance, if
the violation occurs after the thirtieth anniversary of the effective date of these covenants, but prior to the
thirty-first anniversary, the Department shall be entitled to return of 50% of the original grant amount.
4. The Owner agrees to file these covenants with the Clerk of the Circuit
Court of Vol usia County, Florida, and shall pay any and all expenses associated with their filings and
recording.
5. The Owner and GranteelLessee agree that the County of Vol usia shall
incur no tax liability as a result of these restrictive covenants.
IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive
Covenants and have hereto affixed their signatures.
Mayor Donald Schmidt
City of Edgewater
County of Vol usia
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CITY OF EDGEW A TER
HAWKS PARK (PHASE II)
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TAB!
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TAB 1: Continued
PROJECT TEAM
The following team has been established for the City of Edgewater' s Hawks Park Cultural
Center project:
Engineer
Weldon Land Development, Inc.
Christopher W. Murphy, P.E.,
President, Civil Engineering
113 S. Orange Street
New Smyrna Beach, Fl. 32168
Architect
Dickens & Associates, Inc.
Dana M. Smith, AlA
President, Director of Architecture
233 Oakridge Street
Daytona Beach, Fl. 32117
Project Manager
City of Edgewater
Jack Corder
Director of Parks and
Recreation
P.O. Box 100
Edgewater Fl. 32132
The General Contractor will be selected upon initiating Request for Proposals (RFP) in
May/June 2002, after a pre-bid conference, bid opening and award by the City Council.
MANAGEMENT PROSPECTUS AND POLICY STATEMENT
Management Prospectus
The City of Edgewater's Parks and Recreation Department is the applicant for this project. The
organizational structure consists of the Director (Mr. Jack Corder), who will manage the
proposed grant construction and future operational needs, along with seventeen support staff
personnel as follows:
Parks Superintendent, Jack DeRosier
Recreation Superintendent, Bill Jackson
Recreation Coordinator of Activities, Chad Rhodes
Recreation Coordinator of Programs, Christi Moeller
There are eleven Parks and Grounds Maintenance workers along with two (2) part time seasonal
workers. There are approximately 200 volunteers providing various services throughout the year.
In addition, Ms. Michele Goins, CPA and Finance Director, is accountable for the
financial administration of the grant and is responsible for financial tracking of expenses to
ensure compliance with grant conditions and the preparation of quarterly and yearly reports.
Ernst and Young are the City's Auditors and also provide annual audits including a review of
grant requirements and restrictions.
Policy Statement
The management policy of the applicant for this project is: To enhance recreational, cultural and
historical opportunities and preserve ecologically important resources and open space, through
adequate operating budgets, personnel and proper management techniques.
TAB 1: Page 1
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TAB 2
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TAB 2: SCOPE OF WORK
PROJECT NARRATIVE
Hawks Park (Phase II) is proposed as a larger approach to an active and passive recreational,
historical, cultural and natural resource based Community Park. Although the park has been
designed for multiple ECHO uses, it is intended to be inclusive and to serve all Southeast
V olusia. The parcel consists of seven (7) acres that was purchased by the City with general fund
revenues in September 2001. It is located at 1108 South Ridgewood Avenue (comer of U.S. 1 and
W. Turgot Ave). Hawks Park adjoins Hawks Park Recreational Complex (Phase I), and
Edgewater Elementary (discussed below).
The ECHO grant portion of the project includes new construction of the following: A
1,500 square foot cultural learning center, which will house permanent environmental and
cultural displays' and provide ECHO related arts, cultural and environmental programs; an
amphitheater for outdoor concerts in the park with no fixed seating; handicapped accessible
environmental/ecological nature trails; public restrooms and some infrastructure improvements.
The MATCHING fund portion of the grant application includes: Land acquisition; new
parking facilities; creation of an arboretum by the private sector with technical assistance
provided by V olusia County Agricultural Extension office; nature trail signs utilizing recycled
materials identifying the park's wildlife habitat, trees, botanical and other plant species;
Architectural services and some site preparation; reconstruction and transformation of an
existing building into a historical museum and cultural exhibition room that accommodates
permanent historical and cultural exhibits, and staff offices. In addition to the permanent
exhibits, the museum will reflect Edgewater and the surrounding areas' history by housing
displays, artifacts, and photographs. The cultural exhibition room will showcase various artists,
craftsmen, sculptures and traveling displays for educational purposes and public enjoyment on a
monthly basis
Hawks Park is considered to have negligible impacts to the surrounding mix of land uses
of commercial, single and multi-family residential (affordable housing), active and passive
recreation and open space. Water, sewer, new road construction and associated road drainage
facilities are in place. Reclaimed water will be available to the site in the future. Recycled
materials will be used for nature trail and arboretum area signs, pamphlets and/or brochures. The
estimated completion date for the Hawks Park project is, August 2003.
The City of Edgewater acquired a twenty-six acre parcel from the V olusia County School
Board, adjacent to the Hawks Park ECHO project site, known as Hawks Park Recreational
Complex (Phase I). The complex contains recreational facilities and programs operated and run
by the YMCA and the City. Eight-acres have been preserved for protected species and wildlife
habitat. The environmentaVecological nature trail is designed to meander through both phases.
An ECHO grant in the amount of $464,931 is requested. Matching funds of $585,643
have been or will be expended on the project.
Measurable Goals:
1. Construct 1,500 square foot cultural learning center.
2. Construct amphitheater to accommodate 1,000 spectators.
3. Create handicapped accessible nature trail experience.
TAB 2: Page 1
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TAB 3
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TAB 3: BUDGET DETAIL / MATCHING FUNDS
The total MATCHING fund expenditures for the Hawks Park project is $585,643. This includes
$410,000 on land acquisition (September 2001), $73,110 for architectural, bidding and
construction services $4,000 for removal of diseased/dead trees and $94,533 cash match.
The total IN-KIND matching fund contributions of $4,000 include government and private sector
support for the arboretum and nature trail signs. The City of Edgewater is seeking ECHO grant
funding in the amount of $464,931. This includes construction costs of $186,702 for the cultural
learning center, $103,398 for some infrastructure improvements, $101,992 for public restrooms,
$40,000 on environmental/ecological nature trails, and $32,840 for the outdoor amphitheater.
The following table(s) summarizes the project budget.
PROJECTBUDGETSU~ARY
PROJECT BUDGET DETAIL
Item
Match
ECHO
Total
Real Property Acquisition $ 410,000 410,000
Subtotal $ 410,000 410,000
Architectural Services
Site Plan $ 2,880 2,880
Cultural Learninf;! Center
Design/Development Drawings $ 12,320 12,320
Public Restrooms
Design/Develooment Drawings $ 6,340 6,340
Amphitheater
Design/Develooment Drawings $ 35,760 35,760
Environmental/Eco Nature Trail
Design/Development Drawings $ 1,580 1,580
Bidding/Construction Services $ 14,230 14,230
Subtotal $ 73,110 73,110
Site Preparation/Construction
Tree Removal (diseased / dead) $ 4,000 4,000
Building Demolition $ 2,400 2,400
Drainage $ 0 50,138 50,138
Potable Water Line Connection $ 0 49,030 49,030
Sewer Line Connection $ 0 3,030 3,030
Underground Power Line Conduit $ 0 1,200 1,200
Park Signage $ 10,000 0 10,000
Subtotal $ 16,400 103,398 119,798
TAB 3: Page 1
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Historical Museum and Cultural
Exhibition Room (in one buildinf.!)
Metals
Handicapped railings $ 3,000 3,000
Wood and Plastic
Carpentry $ 5,000 5,000
Thermal and Moister Protection
Metal Roof $ 10,800 10,800
Doors and Windows
Interior doors & hardware $ 2,000 2,000
Miscellaneous $ 1,600 1,600
Finishes
Drywall $ 1,500 1,500
Paint - Interior & Exterior $ 3,000 3,000
Wood floors/tile/carpet $ 11,000 11,000
Mechanical
Central Heat and Air $ 4,985 4,985
Plumbing $ 2,420 2,420
Electrical
Wiring $ 11,755 11,755
Smoke detectors $ 738 738
Security alarm system $ 6,006 6,006
Lighting $ 2,646 2,646
Phone system $ 5,623 5,623
Subtotal $ 72,073 72,073
Environmental/Eco Nature Trail
Concrete
Form and poured concrete $ 40,000 40,000
Subtotal $ 40,000 40,000
Match
ECHO
Total
Tab 3: Page 2
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MatC'h Elmo 'T'nr<> 1
Cultural Learnine Center
Concrete
Pre-cast concrete block $ 12,135 12,135
Poured concrete $ 16,510 16,510
Metals
Handicap railings $ 100 100
Wood and Plastic
Carpentry $ 4,530 4,530
Thermal and Moisture Protection
Roof and roof structure $ 52,726 52,726
Insulation $ 2,600 2,600
Doors and Windows
Ext. & int. doors & windows $ 10,900 10,900
Door and window hardware $ 1,600 1,600
Finishes
Dry wall $ 10,139 10,139
Floor covering/carpet/tile $ 5,627 5,627
Paint/stucco int. & exterior $ 13,850 13,850
Mechanical
Central Heat and Air $ 30,175 30,175
Plumbing $ 7, 140 7,140
Electrical
Wiring $ 12,740 12,740
Lighting $ 3,180 3,180
Smoke detectors $ 750 750
Miscellaneous $ 2,000 2,000
Subtotal $ 186,702 186,702
Amphitheater
Concrete
Pre-cast concrete $ 15,200 15,200
Poured concrete $ 4,140 4,140
Metals
Handicapped railings $ 9,500 9,500
Electrical
Wiring $ 750 750
Panel box $ 1,250 1,250
Underground power $ 2,000 2,000
Subtotal $ 32,840 32,840
TAB 3: Page 3
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Restrooms
Concrete
Pre-cast concrete block $ 7495.95 7495.95
Poured concrete $ 10.831.59 10,831.59
Metals
Handicap railings $ 385.00 385.00
Wood and Plastic
Carpentry $ 6.622.00 6,622.00
Thermal and Moister Protection
Roof and roof structure $ 28,863.45 28,863.45
Insulation $ 1,540.00 1,540.00
Doors and Windows
Ext. & Int. doors & windows $ 3,919.30 3919.30
Doors and window hardware $ 770.00 770.00
Finishes
Drywall $ 1,925.00 1,925.00
Floor covering/tile $ 6,888.50 6,888.50
Paint/Stucco into & exterior $ 8,393.00 8,393.00
Mechanical
Plumbing $ 13,769.91 13,769.91
Electrical
WIring $ 6,545.00 6,545.00
Lighting $ 2,827.30 2,827.30
Miscellaneous $ 1,155.00 1,155.00
Subtotal $ 101,991.00 101,991.00
Parking
Concrete
Poured concrete $ 9,200 9,200
Concrete wheel stops $ 800 800
Specialties
Handicapped signs $ 60 60
Subtotal $ 10,060 10,060
Total $ 581,643.00 464,931.00 1,046,574.00
Match
ECHO
Total
Tab 3: Page 4
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Income/Cash and In-Kind
Item
Income
Cash
In-Kind
Volusia ECHO Program $ 464,931.00
In-Kind Local Support
Edgewater Landings H.A. $ 3,000
Subtotal $ $
In-Kind Local Government Support
City of Edge water $ 1,000
Subtotal $ 464,931.00 $ 4,000
Cash Applicant Support
City of Edge water $ 581,643.00
Subtotal $
Total $ 464,931.00 $ 581,643.00 $ 4,000
MATCHING FUNDS STATEMENT
The City of Edgewater has made funds available to meet the requirement of this tab. The City of
Edgewater has already expended or will be expending $585,643 for this project, which exceeds
the $125,000 requirement ofa cash match.
DEMONSTRATION OF MATCH
Attached and made part of this application is Resolution No. 2002-R-Ol, which includes
$94,533, dedicated to the Hawks Park (phase II) project. These funds are in the current fiscal
budget.
LOCAL MATCH
The purchase of real property, specifically for this project was $410,000. Costs of $73,110
include architectural services, $94,533 cash on hand, $4,000 for tree removal and $ 4,000 for in-
kind services. The total project local match equals 115.5 %.
Tab 3: Page 5
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TAB: 3 Continued
IN-KIND CONTRIBUTIONS
In-Kind Contributions equal.5 % of the total match. They are itemized as follows:
Edgewater Landing Homeowners Association, Pat Knollenberg, Vice President of the Garden
Club, 506 Starboard Ave. Edgewater, Fl. 32141; Donation of 200 hrs. @ 15.00/hr. Value of
$3,000
City of Edge water - Signs; Value of $1 ,000.
MATCH SUMMARY CHART
The City of Edgewater is requesting funding in the amount of $464,931 from V olusia ECHO to
construct a Cultural Learning Center, an outdoor Amphitheater, an 8-foot wide, handicapped
accessible Environmental/Ecological Nature Trail, required parking and public restroom
facilities on property recently purchased by the City. The matching funds exceed the request as
outlined below.
$ 94,533 Cash on Hand
$ 77,110 Already Expended on Project
$ 4,000 Documented In-Kind Contributions
$410,000 Real Property Cash Value (actual purchase price 2001)
18% of Total Match
15.5% of Total Match
.5% of Total Match
82% of Total Match
Tab 3: Page 6
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TAB 4
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TAB 4: OPERATING FORECAST DETAIL
The GRANT portion of the project includes a cultural learning center, which will be used to
house permanent environmental and cultural displays' and programs related to the arts, culture
and environment. The amphitheater (with no fixed seating) provides for open concerts in the
park. Nature trails and restroom facilities will be constructed to accommodate the public.
The MATCHING fund project facilities include the educational signs for the
environmentaVecological nature trail experience that meanders around the arboretum. The
existing building will be used to house a historical museum and a cultural exhibition room with
permanent historical and cultural exhibits and existing operational staff office space. No new
staffing will be necessary for this project.
The OPERATING COSTS are anticipated to be minimal for a total of $12,181 over the
first four (4) years. Increases for maintenance ($5,164), utilities ($2,780) and program
coordination ($4,237), will be offset through program fees, donations and general funds.
Historical and archaeological presentations and lecture series will be free to the public as well as
environmental seminars hosted by V olusia County Agricultural Extension Office. There are no
other anticipated expenses. Some of the classes/seminars considered for programming are:
PROPOSED PROGRAMS
CULTURAL
Historical
Archeolo ical
Anti ues & Collectibles
Coin Collectin Seminar
Goals: 1. Only provide ECHO related programs, classes and seminars.
2. Provide revenue sources to off set any unexpected expenses.
OPERATIONAL BUDGET (10 year pro.iection)
Operation FY FY FY FY FY FY FY FY FY FY
Changes 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
Expenses
Maintenance $15,600 1 7,160 18,876 20,764 22,840 25,124 27,636 30,400 33,440 36,784
Utilities $ 8,400 9,240 10,164 11,180 12,298 13,520 14,872 16,359 17,995 19,795
Prog. Staff $12,800 14,080 15,488 17,037 17,741 20,615 22,677 24,944 27,439 30,182
Total $36,800 40,480 44,528 48,981 53,879 59,259 65,185 71,703 78,874 86,761
Revenue
Prog. Fees $25,600 29,440 33,856 38,934 44,774 51,490 56,639 62,303 68,533 75,387
Donations $ 1,000 1 ,100 1,210 1,331 1,464 1,610 1,771 1,948 2.143 2,357
General Fund $10,200 11,220 12,342 13,576 14,934 16,427 18,070 19,877 21,864 24,050
Total $36,800 41,760 47,408 53,841 61 , 1 72 69,527 76,480 84,128 92,540 101,794
TAB 4: Page 1
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TAB 4: Continued
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STAFFING: Parks and Recreation Department
Title
% of Work Scheduled to Proiect Proiect Responsibility
Director
Parks Superintendent
Recreation Superintendent
Administrative Secretary
Program Coordinator
Parks Maintenance Team Leader
Grounds and Maintenance Team Leader
Parks Maintenance Worker
Parks Maintenance Worker
Parks Maintenance Worker
Parks Maintenance Worker
Parks Maintenance Worker
Volunteers
40%
25%
Project Manager
Coordinate / supervise staff
and work force
Organize programs
Secretarial
Set up programs
Assist arboretum construction
Prepare site for improvement
Construct nature trail signs
Assist in site preparation
Assist in site preparation
Assist arboretum construction
Assist arboretum construction
Design/construct arboretum
10%
4%
5%
10%
10%
5%
5%
5%
5%
5%
5%
FISCAL STABILITY: The City of Edgewater has enjoyed economic growth and as a result,
has sustained fiscal stability. Revenues for the City have increased each year. Expenditures for
FY 2000 increased due to the YMCA/gymnasium being constructed from reserves instead of
incurring additional debt. The City continues to annex properties, which aid in economic
development.
TAB 4: Page 2
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TABS
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TAB 5: PROJECT IMPACT
The following valued goals relate to the Hawks Park project:
1. Enhances quality of life for VolUYia residents and/or visitors
2. Programs for children, seniors, families, and/or the disabled
3. Unique to the VolUYia community
4. Multi-faceted
5. Meets the needs of under served or un-served audiences or areas
6. Promotes tourism and/or other economic development
7. Educational and Informational benefits
8. Has appropriate level of accessibility for variouy audiences
9. Uses and protects existing facilities including structures and the environment
10. Enhances the image of VolUYia County
11. Preserves/restores something that maybe lost
12. Addressesfuture needs ofVoluyia County residents
13. Considers the involvement of local artists in the project
Narrative:
This project contains an EnvironmentaVecological nature trail experience, a Cultural Learning
Center and Exhibition room, Historical Museum, and Outdoor Recreational facilities. Hence it
meets all the ECHO requirements. These elements play an important role in establishing and
maintaining a number of quality of life standards and are intended to serve all age groups,
ethnicity, disabilities, businesses, industries and tourists in Southeast V olusia. Hawks Park
provides a wide range of educational, cultural, and historical experiences, as well as passive,
resource and activity based recreation, which is a fundamental need, essential to the well being
of all people.
Current programs such as senior exercise, soccer, baseball, co-ed softball and teen dances will be
expanded to include: arts, crafts and hobbies, cultural, environmental, aquatic, safety, health,
energy conservation classes and seminars, and planting of a community garden. The cultural
learning center, amphitheater and arboretum will be a unique asset serving Southeast Volusia.
These items, along with special events, concerts in the park, and festivals will assist in attracting
tourism, resulting in economic benefits to the community.
Typically, such multi-faceted, diverse programs and activities are widely dispersed throughout
the County and municipal park systems, unlike this project, which will be inclusive at one
location. Merging Hawks Park (phase 2) with Hawks Park Recreational Complex (phase 1)
reduces development costs while providing additional land to accommodate projected growth. It
has been designed to protect the integrity of the homestead building; develop new facilities on
existing disturbed land, while preserving the parks natural areas.
Hawks Park will enhance the image of Volusia County by expanding and improving its open
space systems, utilizing unique natural botanical and ecological resources,
development of cultural, and historic amenities and improving recreational opportunities. The
Park will illustrate barrier-free access, parking and handicapped space facilities, pedestrian
walkways, bicycle access, and V otran Bus service.
Tab 5: Page 1
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The museum will house artifacts, displays and photographs of historical areas, that otherwise
could be lost. The ecological nature trail is designed to preserve the natural beauty ofthe park.
The cultural exhibition room will show case various artists, craftsmen, sculptures, photographers
and traveling displays' for educational and informational benefit purposes and public enjoyment
on a monthly basis.
Goals:
1. Provide a level of service that will help educate residents and/or visitors on cultural,
environmental and historical experiences pertaining to the area; and
2. On a yearly basis, analyze program needs, current trends and develop unique programs,
classes, seminars or activities not offered in Southeast Volusia; and
3. Combine larger, diverse and unique programs and activities in inclusive locations; and
4. Maintain the multi-faceted project through the use of adequate operating budgets and
management techniques; and
5. Develop a facility demand and needs assessment every three years for under served
audiences; and
6. Promote tourism and the use of Hawks Park via the Internet, brochures, media and
newsletters; and
7. Continue educational and informational benefits through intergovernmental coordination
efforts between the City of Edgewater Recreation Department, Volusia County School Board,
Volusia County Recreation Department, and New Smyrna Beach Recreation Department; and
8. Ensure all facilities have continuous safe and adequate accessibility for the handicapped,
elderly, and youth; and
9. Future development plans, if any, shall be designed to protect historical elements, preserve
environmentally sensitive land and enhance open space areas; and
10. Preserve, maintain and enhance, on an ongoing basis, the aesthetic and recreational image
and qualities of the park; and
11. Continue efforts to apply for grants-in-aid for the preservation for public benefit of
properties that are significant in American history, architecture, archeology and culture; and
12. Continue to search for additional revenue sources to meet future needs of the community and
its visitors; and
13. Develop a quarterly calendar of events for various artists' showcases.
TAB 5: Page 2
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TAB 6
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TAB: 6 OWNERSHIP OR UNDISTURBED USE OF FACILITY REQUIREMENT
The City of Edgewater purchased the property in 2001 for this project. Attached, and made a part
of this application is a copy of the recorded Warranty Deed.
RESTRICTIVE COVENANTS
Per Resolution Number 2002-R-Ol, The City has agreed to complete and sign the Restrictive
Covenants, and record them with the Clerk of the Circuit Court, County of V olusia, as a part of
the Grant Award Agreement, if the project is funded.
TAB 6: Page 1
~
U':1/ .Ltll LVV.L
InC"~ument
8...0 k :
Page:
.Lj....J I
11 2001-200174
Lf.7/+5
L6~7
TillS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Scott A. Coobon, Esq.
FOLEY & LARDNER
II] North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
Parcel I.D. Nos.:
#743301000290
#743307020010
For Recording Purposes Only
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made this ~ day of ~ - . ." . ,200 1 by
DUSTIN'S BAR-B-Q; INC., a Florida corporation, whose address is l~dgewood
Avenue, Edgewater, Florida 32132, hereinafter referred to as the "Grantor," to the CITY OF
EDGEW ATER, a Florida municipal corporation, whose post office address is P. O. Box 100,
Edgewater, Florida 32132-0100 hereinafter called the "Grantee. "
WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and
other valuable considerations, receipt whereof is hereby acknowledged, hereby grants,
bargains, sells, aliens', remises, releases, conveys and confirms unto the Grantee, all that
-:certain land situate in Volusia County, Florida, viz:
..-
See Exhibit "A" attached hereto and by this reference made a
part hereof (the "Property").
TOGETHER, with all improvements, fixtures, easements, trees, shrubbery, rights-of-
Waj, !~np.ments, hereditaments and appurtenances thereto belonging or in anywise appertaining
to the Property incluOlul; .. ~~..v....~ ;~1H~LdljUJ1 ".; ~~~ foregoing, all right, title and interest of
Grantor in and to any land lying in the bed of any street, alley, road or avenue (before or after
vacation thereof, and whether previously abandoned or vacated or hereafter abandoned or
vacated).
TO HAVE AND TO HOLD, the same in fee simple forever
The Grantur hereby covenants with the Grantee that the Grantor is lawfully seized of
the Property in fee simple; that the Grantor has good, right and lawful authority to sell and
cOllvey the Property; that the Grantor hereby warrants the title to the Property and will defend
the same against the lawful claims of all persons claiming by, through or under the Grantor,
THIS CONVEYANCE IS MADE BY GRANTOR TO GRANTEE UNDER THREAT OF CONDEMNA TlON AND IS
EXEMPT FROM ANY DOCUMENTARY STAMP TAX PURSUANT TO SECTION 12B-4.013(4) , FLORIDA
ADMINISTRATIVE CODE.
)06228008 1
......
LJ LJ LJ (', -
F'rge: ~61B
...",
and that the Property is free and clear of all encumbrances except taxes accruing subsequent to
December 31, 2000; and zoning and other use restrictions, conditions or requirements now or
hereafter imposed by governmental authorities.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed In
its name the day and year first above written.
Signed, sealed and delivered in
the presence of:
DUSTIN'S BAR-B--Q, INC., a Florida
corporation
~~rJ~ .~~~
Print Name~l;~.s* 1~I~L\~t-
4-.J-h----. .(..r---"
int Name: SCk.k \. -r: ...r: G- ~.... -#: I-
BY:~~
~i:e: ..' ft"\. _..., CJ J l:..s.~........
(CORPORATE SEAL)
STATE OF FLOVDI).
COUNTY OF ~ 'J ~ J
- ....;J The foregoing instIuffy.~t- aCknOWle~ed before me this hl- day of
~ ~. , 2001 by 2f~I\....)...,.-' as ~"'c~ of DUSTIN'S
B -B-Q, INC., a Florida corporation. who [--t is personally known to me or [ ] produced
as identification,
{Notary Seal must be affixed}
'0-
Name of Notary (Typed, Printed or Stamped)
Commission NUlIlber (if nol legible on seal):
My Commission Expires (if nOllegible on seal):___
..,-;;.,.,....
/~AII . ~~~ Janis S. Genth
{:: ):$ MY COMMISSION tCClBf 178 EXPIRFS
--.:,;.......,..';... November 2. 2002
-".':'~.!:i." 80t1DfD THRU IQOV FAIN INSUP.ANCf. INC
006228008.1
-2-
'-"
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,'=.tge: 1619
~ne M. Matousek
Volusia County, Clerk of Court
EXHIBIT "A"
(the "Property")
LOT 29 MENDALL HOMESTEAD, AS PER MAP IN BOOK 3, PAGE 0073, PUBLIC
RECORDS OF .VOLUSIA COUNTY, FLORIDA; AND ALL OF BLOCK 2, ROSS &
NEWELL, IN MENDELL'S HOMESTEAD, AS PER MAP IN MAP BOOK 8, PAGE 0053,
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT AN EXISTING CONCRETE MONUMENT
FOUND ON THE SOUTH LINE OF AFORESAID LOT 29 AND ON THE WEST lUGHT
OF WAY LINE OF U.S, HIGHWAY NO. I, A 143.00 FOOT RIGHT OF WAY; THENCE
RUN NORTH 28058'02" WEST ALONG THE WEST RIGHT OF WAY LINE A
DISTANCE OF 65.76 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING
SAID RIGHT OF WAY RUN SOUTH 63056'32" WEST A DISTANCE OF 250.36 FEET;
THENCE RUN SOUTH 28056'41" EAST A DISTANCE OF 65.71 FEET, TO A POINT ON
THE NORTHEAST CORNER OF SHANGRI-LA VILLAGE, AS FOUND IN PLAT BOOK,
39, PAGE 104, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA;
THENCE RUN ALONG THE NORTH LINE OF AFORESAID SUBDIVISION, SOUTH
63056'32" WEST A DISTANCE OF 786.70 FEET, TO THE WEST LINE OF MENDELL'S
HAWKS PARK, ALSO BEING THE EAST LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/14, OF SECTION 33, TOWNSHIP 17 SOUTH, RANGE 34 EAST;
THENCE RUN ALONG THE AFORESAID MENTIONED LINE, NORTH 01008'28" WEST
A DISTANCE OF 378.81 FEET TO THE SOUTH RIGHT OF WAY LINE OF TURGOT
AVENUE HAVING A 50.00 FOOT RIGHT OF WAY; THENCE RUN .ALONG THE
SOUTHERLY RIGHT OF WAY LINE OF 'fURGOT A VENUE, NORTH 63056'32" EAST A
-DISTANCE OF 855.02 FEET; THENCE RUN SOUTH 72032'51" EAST A DISTANCE OF
"~~7.25 FEET TO THE WESTERLY RIGHT OF WAY LINE OF US. HIGHWAY NO. I, A
- .VARIABLE WIDTH RIGHT OF WAY FROM 100 FEET TO 143.00 FEET; THENCE
ALONG THE AFORESAID WESTERLY RIGHT OF WAY, SOUTH 28058'02" EAST A
DISTANCE OF 273.29 FEET TO THE POINT OF BEGINNING.
STATE OF FLORIDA. VOLUSIA COUNlY .
I HEAE~~ CERTIFY the fOf<"'911Iny Is il true copy
of the onglnal flied in this office. This
J~'''Y~II ~p~ ~()f
By ( ..k 0: ::';,rCUlt dnd Cr1l.~~~~
epuly Clerk cJ.
006.228008 1
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TAB 7
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TAB 7: AUDIT. REVIEW. OR ATTESTATION
Attached and made a part of this grant application is a copy of the City of Edgewater's
Management Letter from the most recent annual audit.
TAB 7: Page 1
E!.J ERNST & YOUNG
.....
. Ernst & Young UP
Suil(' 1700
1'10 NO'1h O'.ll1gt' AV"lll\('
Orlando. Florid" 12K01.1 1171
....."
. "hollt': (.107) 1172.('1I01l
\\'\\'\'\'.C'y.C()111
Management Letter
Honorable Mayor, City Council
and City Manager
City of Edgewater, Florida
In planning and performing our audit of the general purpose financial statements of the City of
Edgewater, Florida (City) for the year ended September 30, 2000, we considered its internal
control to determine our auditing procedures for the purpose of expressing our opinion on the
general purpose financial statements and not to provide assurance on internal control. The
following findings and recommendations, which resulted from our consideration of internal
control, are submitted to assist in improving procedures and controls. In addition, this report
includes other disclosures required by Rules of the Auditor General, State of Florida.
Status of Prior Audit Recommendations
Appropriate action was taken on all comments included in the prior year management letter.
Current Year Findings and Recommendations
Fixed Assets
Based on our observations and inquiry of City personnel, it came to our attention that tangible
personal property items purchased during the year were not marked or tagged as required by
Chapter 10.400, Rules of the Auditor General. To ensure that the City's furniture and fixtures,
and various other equipment are accounted for and safeguarded, all tangible personal property
purchased by the City should be tagged or otherwise permanently marked pursuant to the
guidance contained in Section 10.460, Rules of the Auditor General. The current property records
should then be updated and modified to reflect the results of the annual physical inventory.
Budgetary Compliance
For the year ended September 30, 2000, expenditures exceeded legal appropriations in the
General fund by $186,651. The overexpenditure resulted primarily from increased pension costs
for police necessitated by statutory changes and excess capital outlay expenditures. Pursuant to
Section 166.241 (3), Florida Statutes, the budget must regulate expenditures of the municipality,
and it is unlawful for any officer of a municipal government to expend or contract for
expenditures in any fiscal year except in pursuance of budgeted appropriations. Accordingly, we
recommend that the City review its budgetary monitoring process and make whatever changes
are necessary to ensure that required budget amendments are identified timely and approved by
the City Council to preclude future overexpenditures.
0002-??oo700
Irll....l.\ 'Y(JlJll:~ :11' I' '!)"/1;\)I'1 ,,: I Ill"'" ,\ Y()llllf~ Inl('1I1.1ljOll.ll I:,]
113
'-"
...."
Other Required Disclosures
Annual Financial Report
The City filed its annual financial report with the Department of Banking and Finance for the
year ended September 30, 1999, as required by Section 218.32(1)(b), Florida Statutes. Based on
our review of the financial information contained in that report, no material differences were
found in comparing this information to that included in the City's audited financial statements.
The Annual Financial Report for the year ended September 30, 2000 has not been prepared as of
this date.
State of Financial Emergency Disclosure
During the course of our audit, nothing came to our attention that would cause us to believe that
the City was in a state of financial emergency as a consequence of conditions described in
Section 218.503(1), Florida Statutes.
Investment of Public Funds
Nothing came to our attention that would cause us to believe that the City had not complied with
Section 218.415, Florida Statutes, regarding the investment of public funds, during the year
ended September 30, 2000.
Other
During the course of our audit, nothing came to our attention to indicate that the City failed to
comply with applicable State Revolving Fund loan covenants.
We wish to thank the City Manager, Finance Director, department heads and all of their
staff for their assistance and cooperation during our recent audit. If we can be of any
further assistance regarding these matters, please do not hesitate to call us.
This report is intended solely for the information and use of the City Council,
management and the State of Florida Auditor General and is not intended to be and
should not be used by anyone other than these specified parties.
~-IMLLP
February 16,2001
114
0002-0000700
, ,
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TAB 8
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TAB 8: DESIGN DEVELOPMENT AND/OR EXCAVATION DRAWINGS
Attached and made part of this grant application are 8 W' X 11" reduced current design
development drawings for the project.
TAB 8: Page 1
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