2015-O-18 ORDINANCE #2015-0-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; ADOPTING .THE. INTERLOCAL SERVICE
BOUNDARY AGREEMENT BETWEEN THE CITY OF EDGEWATER
AND THE COUNTY OF VOLUSIA; AND PROVIDING FOR AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, Part II, Chapter 171, Florida Statutes, entitled the "Interlocal Service
Boundary Agreement Act (Act)" provides an alternative to Part I of said Chapter for local
governments regarding the annexation of territory into a municipality and the subtraction of
territory from the unincorporated areas of the county; and
WHEREAS, the Act further intends to establish a more flexible process for adjusting
municipal boundaries and to address a wider range of the effects of annexations; and
WHEREAS, the overriding goal of the process set forth within the Act is to promote
sensible boundaries that reduce the cost of local government and increase the level of service for
residents within the boundary of unincorporated Volusia County; and
WHEREAS, the boundary area as shown in Exhibit "A" is generally surrounded on the
south and west by unincorporated portions of the County of Volusia and on the north by
incorporated areas of the City of New Smyrna Beach; and
WHEREAS, the City of Edgewater pursuant to this Interlocal Service Boundary
Agreement with the County of Volusia wishes to fill in its municipal boundaries; and
WHEREAS, the boundary generally outlined by the established Utility Service Area as
adopted in our Comprehensive Plan contains lands that serve a substantially important economic
development interest to the residents of Volusia County and the City of Edgewater and consistent
planning and development rules and procedures are vital to the process; and
1
#2015-0-18
eek-thretugh passages are deleted.
Underlined passages are added.
WHEREAS, on April 7, 2014 the City of Edgewater adopted Resolution #2014-R-06
inviting the County of Volusia to enter into negotiations pursuant to Chapter 171, Part II, Florida
Statues, the Interlocal Service Boundary Agreement Act;and
WHEREAS, on April 17, 2014 the County of Volusia adopted a responding Resolution
2014-55 for the purpose of negotiating an Interlocal Service Boundary Agreement pursuant to
Chapter 171, Part II, Florida Statues; and
WHEREAS, representatives of the City of Edgewater and the County of Volusia have
jointly met to discuss the desire and ability to provide municipal services to annexed properties
within the Interlocal Service Boundary Agreement area for lands shown in the inclusion of
Exhibit"A"that will be necessary to accommodate urban growth projected in the City.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF
THE CITY OF EDGEWATER,FLORIDA:
Section 1. The Interlocal Service Boundary Agreement incorporated herein between the
City of Edgewater and the County of Volusia attached hereto as Exhibit "A" is hereby adopted
pursuant to Section 171.203, Florida Statues.
Section 2. The City Clerk of the City is hereby authorized and directed to send a
certified copy of this Ordinance to the Chairman of the Volusia County Council.
Section 3. 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.
Section 4. 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
r visions thereof shall be held to be inapplicable to
ordinance. If this ordinance or anyo
pp any
P
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#2015-0-18
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Underlined passages are added.
person, property, or circumstances, such holding shall not affect its applicability to any other
person, property,or circumstance.
Section 5. This Ordinance shall take effect upon adoption.
Section 6. After a motion by Councilwoman Power with second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on August 17, 2015 is as follows:
AYE NAY
Mayor Mike Ignasiak _ X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X _ --
Councilman Dan Blazi X
Councilman Gary Conroy X
After a motion by huatialoccadr-owe •Nith second La,iiixxartnnina400,1the
vote on the second reading/public hearing of this ordinance held on September 28. 2015 is as
follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power _
Councilwoman Gigi Bennington _—A--
Councilman Dan Blazi
Councilman Gary Conroy X�
3
#2015-0-18
Stec' passages are deleted.
Underlined passages are added.
•
PASSED AND DULY ADOPTED this 28th day of September, 2015.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
1034-AtialLCCUI, _ By;iidit
Bonnie Brown Mike Ignasiak
City Clerk Mayor
Robin L. Matusiek
Paralegal
•
For the use and reliance only by the Cityof Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 28th day
legality by: Aaron R. Wolfe, Esquire of September,2015 under Agenda Item
City Attorney No. 8 b
Doran,Sims,Wolfe & Ciocchetti
•
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#2015-0-18 .
S4liek-thfelig4+passages are deleted.
Underlined passages are added. •
EXHIBIT"A"
•
#2015-0-18
Sk4hcetigh passages are deleted.
Underlined passages are added.
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10/21/2015 03:51 PM
Instrument# 2015-197386 # 1
Book : 7177
Page : 410
Interlocal Service Boundary.
Agre ement .
City, of Eater and
Countyof Volusia
1
Instrument# 2015-197386 # 2
Book : 7177
Page : 4ll
INTERLOCAL SERVICE BOUNDARY AGREEMENT
BETWEEN THE CITY OF EDGEWATER AND
COUNTY OF VOLUSIA
This Interlocal Service Boundary A ree ent ("ISBA71 , (collectively referred to as "the
Agreement") is made and entered into this day of® , 2015, by and between
the City of Edgewater ("City") and County of Volusia ("County"), sometimes herein referred to
as "Party" or "Parties" as the context requires.
WHEREAS, the City possesses Municipal Home Rule Powers pursuant to Article VIII,
Section 2(b), Florida Constitution, Chapter 166, Florida Statutes, and Section 1.01 of the City of
Edgewater Charter; and
WHEREAS, the County possesses powers of self government and home rule as provided
by the Volusia County Charter and Chapter 125, Part II, Florida Statutes; and
WHEREAS, the Ci invited the Coiin to enter into negotiations for an Interlocal
City tY g
Service Boundary Agreement by Resolution 2014-R-06 on April 7, 2014; and
WHEREAS, the county council responded to the City's invitation by Resolution 2014-55
on April 17, 2014, and agreed therein to participate in negotiations for an Interlocal Service
Boundary Agreement; and
WHEREAS, the Municipal Annexation or Contraction Act, Chapter 171, Part I, Florida
Statutes, and the Interlocal Service Boundary Agreement Act, Chapter 171, Part II, Florida
Statutes, recognizes the use of interlocal service boundary agreements and joint planning
agreements as a means to coordinate planning and delivery of services related to future land use,
public facilities and services, and protection of natural resources in advance of annexation; and
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act, Chapter 163, Part II, Florida Statutes, requires that counties and cities include in
their respective planning efforts intergovernmental coordination and particularly, mechanisms
for identifying and implementing joint planning areas; and
WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida
Statutes, encourages and empowers local governments to cooperate with one another on matters
of mutual interest and advantage, and provides for interlocal agreements between local
governments on matters such as annexation,joint planning, and the delivery of services; and
WHEREAS, the City and the County wish to identify lands that are logical candidates for
future annexations, the appropriate land uses and infrastructure needs and the provider for such
lands, and to ensure protection of natural resources; and
WHEREAS, Sections 163.3171(4), 171.203(6)(f) and (7), Florida Statutes, allows an
interlocal service boundary agreement to establish a process for land use decisions consistent
with part II of Chapter 163, including those which may allow a municipality to adopt land use
2
Instrument# 2015-197386 # 3
Book : 7177
Page : 412
changes consistent with part II of Chapter 163 for areas that are scheduled to be annexed within
the term of an interlocal service boundary agreement; and
WHEREAS, Section 171.204, Florida Statutes, allows a municipality to annex land that
is not contiguous to the municipality, creates an enclave or is not reasonably compact when a
county and municipality enter into a joint planning agreement under Section 163.3171; and
WHEREAS, the County will support annexations within the Interlocal Service Boundary
Agreement area that will further create efficiencies for the delivery of municipal services; and
WHEREAS, the extension of City and County facilities and_services, and the annexation
of lands, are most efficiently provided if the process and timing of long range planning,
annexation, and development review processes by the City and County are clearly identified and
part of a coordinated joint effort, and the commitment by the City and County to do so are
material inducements to the parties for entering into this Agreement; and
WHEREAS, the City and the County find that the benefits of intergovernmental
communications and coordination will accrue to both Parties; and
WHEREAS, an interlocal service boundary agreement may, under section 171.203,
Florida Statutes, address any issue concerning service delivery, fiscal responsibilities, or
adjustment of territorial boundaries, which may include but are not necessarily limited to:
1. Identification of a Municipal Service Area ("MSA"), which for purposes of this
Agreement is defined (consistent with section 171.202(l 1), Florida Statutes) as being
unincorporated land depicted in Map 1 attached to this Agreement that:
a. may receive municipal services from the city; and/or
b. may be annexed by the city;
2. Providing a process and schedule for the annexation of lands in an MSA;
3. Establishing procedures for the adoption of comprehensive plan amendments,
land use changes, administering land development regulations, and issuing development orders
consistent with Chapter 163, Part II, Florida Statutes;
4. Addressing other service delivery issues;
5. Land use planning; and
WHEREAS, an interlocal service boundary agreement that addresses responsibilities for
land use planning must establish procedures for adopting comprehensive plan amendments,
administration of land development regulations, and the issuance of development orders
.consistent with Chapter 163, Florida Statutes; and must, in accordance with section 171.204,
Florida Statutes, include a joint planning agreement under section 163.3171, Florida Statutes;
and
3
Instrument# 2015-197386 # 4
Book : 7177
Page : 413
WHEREAS, the City and the County have met and negotiated in good faith to resolve
issues related to annexation and joint planning, and coordinating the provision of public services
and infrastructure, and the Parties wish to memorialize their understanding in this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to the authority of Article VIII of
the Florida Constitution and Chapters 125, 163, 166, 171, and 180, Florida Statutes.
r
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
Agreement, the receipt and sufficiency of which are hereby acknowledged, the City and the
County agree as follows:
I. Incorporation of Recitals. The recitals above are true and correct and are
incorporated into this ISBA as if fully set forth herein, as the legislative findings of the City and
County.
2. Incorporation of Map 1. Map 1 attached hereto is fully incorporated as if fully set
forth herein.
3. Term and Effective Date of Agreement. The ISBA shall become effective when
filed with Clerk of Court for Volusia County Circuit Court, in accordance with section
163.01(11), Florida Statutes. The initial term of the Agreement shall be ten (10) years from the
effective date of the Agreement. At the end of the fifth year, the City and County shall review
the effectiveness and performance of this Agreement. Based upon the review, this Agreement,
may continue for the remainder of the initial term, be amended as the parties desire, or be
terminated in accordance with paragraph 5 of this Agreement.
4. Renewal ofAgreement. The City and County shall, in the event the Parties desire
to extend the initial term of the Agreement, initiate negotiations in accordance with section
171.203(12), Florida Statutes, no later than eighteen (18) months prior to the termination of the
initial term.
5. Termination ofAgreement. The City or County may terminate this Agreement at
anytime upon written notice of termination to the other Party delivered no later than May 1St in
order for termination to be effective on December 31St of the same calendar year. A Party
delivering such notice of termination may, in such Party's sole discretion, revoke such notice of
termination at any time prior to the termination date. Lands that have been annexed prior to
termination of any agreement and services provided to said lands shall not be affected by the
termination. Jurisdiction over any affected transportation facilities including roadways, parks,
and other public facilities shall not be affected, except through a separate agreement in writing
that has been approved by both Parties.
6. Dispute Resolution. The City and County agree to resolve any dispute related to
the interpretation or performance of this Agreement in the manner described in this section.
Either Party may initiate the dispute resolution process by providing written notice to the other
Party. Initiation of the dispute resolution process shall operate as a stay of the action which is
the subject of the dispute.
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Instrument# 2015-197386 # 5
Book : 7177
Page : 414
a. Notwithstanding the foregoing, in the event that either Party determines in
its sole discretion and good faith that it is necessary to file a lawsuit or
other formal challenge in order to meet a jurisdictional time deadline, to
obtain a temporary injunction, or otherwise to preserve a legal or equitable
right related to this Agreement, such lawsuit or challenge may be filed, but
upon the filing and any other act necessary to preserve the legal or
equitable right or to obtain the temporary injunction, the Parties shall
thereafter promptly file a joint motion with the reviewing court or
administrative law judge requesting that the case be abated in order to
afford the Parties an opportunity to pursue the dispute resolution
procedures set forth herein. If the abatement is granted, the Parties shall
revert to and pursue the dispute resolution procedures set forth herein.
b. Within ten (10) days of the abatement order, the allegedly aggrieved Party
shall then effect the transmittal of a notice of conflict, in the form of a
certified letter, to all governmental bodies involved in the dispute at issue.
Upon receipt of the notice, which shall specify the areas of disagreement,
the Parties agree to conduct a conflict assessment meeting at a reasonable
time and place, as mutually agreed upon, within thirty (30) days of receipt
of the notice of conflict.
C. If discussions between the Parties at the conflict resolution meeting fail to
resolve the dispute, within forty (40) days of the receipt of the notice
described in subparagraph "a", above, the Parties shall conduct mediation
in the presence of a neutral third party mediator. If the Parties are unable
to agree upon a mediator, the County shall request appointment of a
mediator by the Chief Judge of the Circuit Court in and for Volusia
County, Florida. The mediation contemplated by this section is intended
to be an informal and non-adversarial process with the objective of
helping the Parties reach a mutually acceptable and voluntary agreement.
The decision-making shall rest solely with the Parties. The mediator shall
assist the Parties in identifying issues, fostering joint problem-solving and
exploring settlement alternatives.
d. If the Parties are unable to reach a mediated settlement, within fifty (50)
days of the receipt of the initial notice of conflict, the Parties shall hold a
joint intergovernmental meeting. If the joint intergovernmental meeting
does not successfully resolve the issues identified in the notice of conflict,
the entities participating in the dispute resolution procedures described
herein may avail themselves of any otherwise available rights, including
the suspension of abatement of existing actions.
e. The Parties agree this dispute resolution procedure is intended to satisfy
the requirements of section 163.01(5)(p), section 171.212, Florida
Statutes, and Chapter 164, Florida Statutes.
5
Instrument# 2015-197386 # 6
Book : 7177
Page : 415
7. Duplication of Services. In furtherance of the purpose of this Agreement, the City
and Countyshall not undertake an action that will result in the overlapping,
Y pP g,
duplication, or competition of services or exercise of powers provided herein
without the prior written consent of the other Party, which consent shall not be
unreasonably withheld.
8. Roads; transfer of jurisdiction. This paragraph is intended to satisfy the
requirements of section 335.0415(3), Florida Statutes.
a. County Thoroughfare Roads. For the purpose of this agreement and until
such time that the County transfers ownership, .the County shall retain
jurisdiction, ownership and control of the entire length of County
Thoroughfare Roads within the JPAIMSA regardless of any parcel
annexations by the City, including the existing thoroughfare roads listed
below and subsequent addition to the County's thoroughfare roadways in
the Volusia County Comprehensive Plan:
(1) Air Park Road (from Indian River Boulevard to Park Avenue)
(2) Cow Creek Road (south of S.R. 442)
(3) Josephine St/10th St.
(4) Old Mission Road
(5) Volco Road
(6) W. Park Ave
County thoroughfare roadways that are removed from the Volusia County
Comprehensive Plan thoroughfare roadway network are subject to transfer
to the City per the terms of this ISBA per Section 8(b).
b. Non-thoroughfare Roads. The permanent transfer within the JPA/MSA of
non-thoroughfare roadway maintenance responsibilities from the County
to the City shall occur as follows:
(1) For purposes of this agreement, "road segment" shall mean the
portion of a County road between two intersecting roads.
(2) Non-thoroughfare county roads within or adjacent to the existing
City boundary shall become roads under the City's jurisdiction and
maintenance responsibility when at least fifty-one percent (51%) of
the road segment is either within or adjacent to the existing City.
(3) All County non-thoroughfare roads within the MSA shall transfer
to the City's jurisdiction and maintenance responsibility by
segment upon the annexation of at least fifty-one percent (51%) of
6
Instrument# 2015-197386 # 7
Book : 7177
Page : 416
a road segment.
(4) The 51% segment ratio shall be calculated based on the frontage of
annexed parcels of the road segment between two intersecting
roads or termination of said road.
(5) Once 51% or more of a segment is annexed, the entire road
segment between the two intersecting roads will be deemed
annexed into the City and transferred to the City's jurisdiction, and
ownership; and the City will be fully responsible for all
maintenance and other responsibilities.
(6) As the City accepts jurisdiction and responsibility over a road
segment, it shall have the same right of access for purposes of
maintenance as the County, to the fullest extent the County is able
to grant such right.
(7) Any County or City agreements for road improvements with other
governmental or private entities existing at the time of the approval
of this Agreement, if any, shall remain in full force and effect;
except in the event of a conflict with this Agreement, in which case
the terms of this Agreement shall prevail. It is the intention of the
parties that no additional "mutual agreements" shall be necessary
to effect road segment annexation. This Agreement is intended to
convey the will of the parties concerning all road segments within
the JPA/MSA.
(8) The following local roads will be transferred to the city upon
adoption of this agreement:
(i) Air Park Road—Park Avenue to Massey Road
(ii) Eels Grove Rd- Cow Creek Rd to end of road
(iii) Flying M Ct—End of road to Massey Ranch Blvd
(iv) Godfrey Rd—S. Ridgewood Ave to end of County
maintenance
(v) Massey Ranch Blvd—End of road to Park Ave
(vi) O Possum Camp Rd—Begin County maintenance to I-95
on-ramp
Palm Breeze Dr - US 1 to end of road
(vii)
viii Relocation Rd—US 1 to end of road
7
Instrument# 2015-197386 8
Book : 7 177
Page : 417
(9) Road transfer includes infrastructure in the right-of-way,to
include, but not limited to drainage, sidewalks and traffic control
devices.
C. Transportation Planning and Coordination.
(1) The City and County agree to use the adopted Volusia
Transportation Planning Organization (TPO) Transportation
Impact Analysis (TIA) Guidelines to coordinate the review and
mitigation of development impacts on road, transit, bicycle and
pedestrian systems based upon a mutually agreed upon TIA
methodology. The TIA Guidelines shall utilize the latest adopted
level of service standards and transportation plans within the
impacted jurisdiction's comprehensive plans including the adopted
Volusia TPO Long Range Transportation Plan.
(2) In the event the standards or plans may be different, the TIA
methodology and/or mitigation plan shall address coordination.
When necessary, comprehensive plans shall be updated to reflect
the latest coordination plans. In the event the TIA Guidelines are
ever repealed or become no longer applicable, the City and County
agree to continue to utilize the latest adopted version for the
purpose of plan review and mitigation coordination.
d. Funding. The City and County agree to work together to obtain funding
sources for capital transportation improvements, including capital and
operating expenses for the provision of transit service, within the
JPA/MSA.
C. Maintenance. The City and County may enter into maintenance
agreements for certain segments of County roads within the JPA/MSA.
The County agrees that the City shall be justly compensated for any and
all maintenance responsibilities that may be transferred to the City through
a maintenance agreement.
f. Continuinj jurisdiction. All roads over which jurisdiction is transferred to
the City under the terms of this Agreement shall be maintained by the City
unless otherwise agreed to in a separate maintenance agreement. If a road
is transferred to the City, to the extent available, the County shall provide
all as-builts, surveys, maintenance maps and GIS files that identify County
maintenance responsibilities. Road transfers include associated roadway
drainage and right-of-way infrastructure or any structures or
improvements in the right-of-way that includes but is not limited to
sidewalks, guardrails, signs and multi-use trails.
8
Instrument# 2015-197386 # 9
Book : 7177
Page m 418
9. Solid Waste.
a. Annexed properties shall be transferred to the City's solid waste service
on the first of the following month after annexation.
b. All City residential and commercial waste collection within the
Agreement area shall be disposed at the County's solid waste disposal
facilities located at 1990 Tomoka Farms Road Landfill or the West
Volusia Transfer Station.
10. Stormwater; transfer o�iurisdiction. Two ditches/canals will be transferred to the
City upon adoption of this agreement; one located on W. Turgot Avenue and one
located on E. Indian Boulevard, and includes continued City maintenance
responsibilities.
11. Growth and Resource Management.
a. Environmental Management. The County shall issue tree, Class TI
Overlay, and wetland permits, conduct inspections, and provide code
enforcement until a property annexes.
b. Planning and Development Services.
(1) The City and the County shall amend the Intergovernmental
Coordination Element of their respective comprehensive plans in
accordance with Section 171.203(9), Florida Statutes, within six
months of the effective date of this ISBA, by adopting a policy
referencing this Agreement. The County's policy shall read as
follows, and shall be inserted in Chapter 14 of the county
comprehensive plan:
14.1.2._ Pursuant to Chapter 171, Part II, Florida Statutes, Volusia
County and the City of Edgewater have.established an
Interlocal Service Boundary Agreement (ISBA) adopted on
, 2015. The agreement allows the City to
annex properties within the Joint Planning Area that would
not otherwise be eligible for annexation subject to the
provisions established in the ISBA.
(2) The City shall adopt a Municipal Service Area ("MSA"), as that
term is defined in Section 171.202(l 1), Florida Statutes, as an
amendment to its comprehensive land use plan within six months
of the effective date of the ISBA, in accordance with Section
171.203 (11), Florida Statutes. The MSA shall include the area
depicted in Map 1, population projections for the MSA, and data
and analysis supporting the provision of public facilities for the
MSA.
9
Instrument# 2015-197386 # 10
Book : 7177
Page : 419
(3) Section 171.207, Florida Statutes, expressly authorizes a county to
transfer its powers to a municipality over lands that are within a
JPA/MSA; and section 171.208, Florida Statutes, expressly
authorizes a municipality to exercise its powers, extraterritorially,
over such lands. In accordance with Sections 163.3171(4) and
171.203(6)(f), Florida Statutes, the County comprehensive plan,
zoning, and land development regulations shall apply to; and the
County shall enforce on, all lands in the JPA/MSA until the City
annexes the land at issue or amends its comprehensive plan with
respect to those lands
(4) Joint Planning Area ("JPA"). The following additional finding is
intended to satisfy the requirements of Section 171.204(2), Florida
Statutes:
Urban in Character. The unincorporated area in the JPA as
depicted in Map 1 is anticipated for municipal annexation because
it is "urban in character", as that term is defined by section
171.031(8), Florida Statutes.
C. Building and Zoning.
The County shall issue building permits, conduct inspections, and provide
code enforcement until a property annexes.
d. Permits in progress.
The County will finish processing, issuing and inspecting applications for
permits that were submitted prior to the effective date of this ISBA, or
until the property annexes.
12. Notice. All notices, consents, approvals, waivers, and elections that either Party
requests or gives under this Agreement shall be in writing and shall be provided by certified
mail, return receipt requested, or by hand delivery for which a receipt is obtained. Notices shall
be mailed or delivered to the addresses set forth below or as either Party may otherwise designate
in writing.
If to the County: County of Volusia
Attn: County Manager
Copy to: County Attorney
123 West Indiana Avenue
DeLand, FL 32720
If to the City: City of Edgewater
Attn: City Manager
10
Instrument# 2015-197386 # 11
Book : 7177
Pages 420
Copy to: City Attorney
104 North Riverside Drive
Edgewater, FL 32132
Notices, consents, approvals, waivers, and elections will be deemed given when received
by the Party for whom intended.
13. Sole Benet. This Agreement is solely for the benefit of the City and County, and
no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third
party. Nothing in this Agreement, either expressed or implied, is intended or shall be construed
to confer upon or give any person, corporation or governmental entity other than the Parties any
right, remedy or claim under or by reason of this Agreement or any provisions or conditions
hereof, and all of the provisions, representations, covenants,: and conditions herein contained
shall inure to the sole benefit of and shall be binding upon the Parties and their respective
representatives, successors and assigns.
14. Authori�y. The City and County each represent and warrant to the other its
respective authority to enter into this Agreement, acknowledge the validity and enforceability of
this Agreement. The City and County hereby represent, warrant and covenant this Agreement
constitutes a legal, valid and binding contract enforceable:by the Parties in accordance with its
terms, and that the enforceability hereof is not subject to any impairment by the applicability of
any public policy or police powers.
15. Enforcement. This Agreement shall be. enforceable by the Parties hereto by
whatever remedies are available in law or equity, including but not limited to injunctive relief
and specific performance. Failure to insist upon strict compliance with any of the terms,
covenants, or conditions hereof shall not be deemed as a waiver (or continuing waiver) of such
terms, covenants, or conditions; nor shall any waiver or relinquishment of any right or power
hereunder be deemed to be a waiver or relinquishment of such right or power at any other time.
16. Defense. If this Agreement or any portion hereof is challenged by any judicial,
administrative, or appellate proceeding (each Party hereby agreeing with the other not to initiate
or acquiesce to such challenge or not to appeal any decision invalidating any portion of this
Agreement), the Parties collectively and individually agree, at their individual sole cost and
expense, to defend in good faith its validity through to a final judicial determination, unless both
Parties mutually agree in writing not to defend such challenge or not to appeal any decision
invalidating any portion of this Agreement.
17. Amendments. Amendments to the Agreement may be offered by either Party at
any time. Proposed amendments shall be in writing and must be approved by a majority of the
governing bodies of each Party. No amendment shall be effective until approved by the
governing bodies of the City and County.
18. Supremacy. The Parties agree and covenant, having given and received valuable
consideration for the promises and commitments made herein, it is their desire, intent and firm
agreement to be bound by and observe the terms of this Agreement. Except as otherwise
provided by this Agreement or by law, in the event the terms of this Agreement conflict with
11
Instrument# 2015-197386 # 12
Book : 7177
Page : 421
previous agreements between the Parties, the terms of this Agreement shall control; provided
however that all other terms of existing agreements remain in full force and effect.
19. Entire Understanding. Except as otherwise specifically set forth herein or in any
subagreement, this Agreement embodies and constitutes the entire understanding of the Parties
with respect to the subject matters addressed herein, and all prior agreements, understandings,
representations and statements, oral or written, are superseded by this Agreement. The City and
County further acknowledge that they each participated in drafting this Agreement, and in the
event of a dispute regarding the Agreement, it shall not be construed by a court of competent
jurisdiction or other tribunal more or less favorably on behalf of either Party on the basis of a
claim that a Party did not participate in drafting the Agreement or any part thereof.
20. Governing Law and Venue. The laws of the State of Florida shall govern this
Agreement, and venue for any action to enforce the provisions of this Agreement shall only be in
the Circuit Court in and for Volusia County, Florida. Federal Jurisdiction and venue, if
applicable shall only be in the Middle District of Florida, Orlando Division. If circumstances
arise which cause a conflict between this paragraph and paragraph 6 ("Dispute Resolution")
paragraph 6 shall control.
21. Severability. Any term or provision of this Agreement that is invalid. or.
unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of
the remaining terms and provision hereof or the validity or enforceability of the offending term
or provision in any other situation or in any other jurisdiction.
22. Compliance with Chapter 171, Part II, Florida Statutes. The Parties agree that
this Agreement meets the requirements of Chapter 171, Part II, Florida Statutes. The Parties
intend for this Agreement to be broadly construed to effectuate the purposes and.provisions set
forth herein, specifically those provisions that provide for the transfer of powers over lands
within the JPA/MSA by the City and County; and the authority by the City to exercise powers
extraterritorially over said lands, including but not necessarily limited to the application and
enforcement of the codes.
23. Amendment oflntergovernmental Coordination Element of Comprehensive Plans.
Consistent with Section 171.203(9), Florida Statutes, the Parties, within six (6) months of the
effective date of this Agreement, shall amend their respective Intergovernmental Coordination
Elements of their adopted Comprehensive Plans to establish consistency and compliance with
this Agreement.
24. Adoption by County. The County shall adopt this Agreement by ordinance in
accordance with Sections 171.203(14) and 125.66, Florida Statutes.
25. Adoption by City, The City shall adopt this Agreement by ordinance in
accordance with Sections 171.203(14) and 166.041, Florida Statutes.
12
Instrument# 2015-197386 # 13
Book : 7177
Page : 422
IN WITNESS WHEREOF, each of the undersigned has executed this Agreement on
behalf of the respective party set forth below, pursuant to the authority granted to each of the
undersigned in the resolution by which each party approved and adopted this Agreement.
COUNTY OF V
By:
oulity Chair
e .a 'fin,County 1Vldna'ger
Approved by:
County Attorney's Office n ya`tit Y O
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this day of
_,'2015, by Jason P. Davis and James T. Dinneen, as County Chair and County
Manager, respectively, on behalf of the County of Volusia, who acknowledge that they are duly
authorized to execute the foregoing Agreement on behalf of the county. They are ] personally
known to me, or [ ] have produced as i entification.
Z IA/I
N t ry Pub ic, State of Florida at Large
1*1 MYCOMMISSI HE176820 Printed, typed or stamped name, commission
R6h` R P*U 01naery
Bw*dd IM iters p
And Expiration of Commission Term
CITY OF EDGEWATE
J .
By:
Michael Ignasia , y'r"
Attest:
Tracey arlow, City Manager
Approved by:
Aaron Wolfe, iE34orney
STATE OF FLORIDA
COUNTY OF VOLUSIA
13
The foregoing instrument was acknowledged before me this 28`" day of September,
2015, by Michael Ignasiak and Tracey Barlow, as Mayor and City Manager, respectively, on
behalf of the City of Edgewater, who acknowledge that they are duly authorized to execute the
foregoing Agreement on behalf of the city. They are [x] personally known to me, or [ ] have
produced as identification.
Notary Public, State of Florida at Large
Printed,typed or stamped name, commission
co
o And Expiration of Commission Term
co
ti ' ,L
BONNIE BROWN
N �' 1 = commission#FF 246576
Ro a; a Expires September 13,2016
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