2017-R-32 City of
)1WGEWATIR1
September 21, 2017
Carmen Hall, Operations Manager
Community Services Department
County of Volusia
123 West Indiana Avenue, Room #100
DeLand, FL 32720
Re: City of Edgewater
ECHO Grant Award#17-04- Whistle Stop Park Improvements(Grants-in-Aid Agreement)
Dear Ms. Hall:
During the City Council meeting held on September 18, 2017, Council approved the above-
referenced ECHO Grant Award #17-04 for the Whistle Stop Park Improvements. Pursuant to
you letter of instruction, enclosed please find the following for your records/files:
1) a certified copy of Resolution#2017-R-32;
2) two (2) originals of the ECHO Grants-in-Aid Agreements;
3) copy of the legal description for the subject property along with a copy of the recorded
deed;
4) one (1)original Letter Contract; and
5) a copy of the executed Restrictive Covenants that have been delivered to the Clerk of
Court for recording into the public records of Volusia County; a copy of which will be
delivered to you once it is returned with the recording information.
Do not hesitate to contact my office at the number listed below if you have any questions.
Sincerely,
Y £ Atatudicii
Robin L. Matusick
City Clerk/Paralegal
rmatusick ci)cityofedgewater.org
/rim
Enclosures
Copies to: Samantha Bergeron, w/encl.
Bridgette King, w/encl.
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)4242400,Ext. 1101 •Fax(386)424-2410
www.citvoledeewater.org
(Letter/Ltr-2017-095)
RESOLUTION NO. 2017-R-32
A RESOLUTION OF THE CITY OF EDGEWATER,
VOLUSIA COUNTY, FLORIDA, ACCEPTING THE
VOLUSIA ECHO 2017 GRANTS-IN-AID GRANT FROM
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
TRANSMITTAL OF THE ECHO GRANT AGREEMENT
AND CERTIFICATION TO VOLUSIA COUNTY;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND APPLICABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Whistle Stop Park, a (14) acre recreational complex is located at 651
Roberts Road, Edgewater, FL.
WHEREAS, the City wishes to re-develop 100% of the Park located at 651 Roberts
Road,Edgewater,FL.
WHEREAS, the City Council of the City of Edgewater, Volusia County, Florida, has
agreed to accept a Volusia ECHO 2017 Grants-In-Aid Grant from Volusia County's Growth and
Resource Management Department.
WHEREAS, a copy of the ECHO 2017 Grants-In-Aid acceptance agreement 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 acceptance of the Volusia ECHO
2017 Grants-In-Aid agreement from the County of Volusia's Growth and Resource Management
Department.
2017-R-32 1
Section 2. The project name for which the grant is accepted will be known as Whistle
Stop Park Improvements.
Section 3. The total cost of the project is estimated to be three million, nine hundred
thousand dollars($3,900,000).
Section 4. The City is accepting the grant in the amount of four hundred thousand
dollars($400,000).
Section 5. The City has already budgeted up to three million nine hundred thousand
dollars ($3,900,000) for the Project and assures dedication and availability of matching funds up
to three million, five hundred thousand dollars ($3,500,000) 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 Mayor 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 Samantha Bergeron, Parks &
Recreation Director to transmit a copy of this resolution, the certification and the original grant
application and twenty (20) 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. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 11. Severability and Applicability. If any portion of this resolution is for
2017-R-32 2
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this resolution. If this resolution or any provisions thereof shall
be held to be inapplicable to any person,property, or circumstances, such holding shall not affect
its applicability to any other person,property,or circumstance.
Section 12. Adoption and Effective Date. This resolution shall take effect upon
adoption.
This resolution was scheduled for the Council Meeting on September 11, 2017 however,
due to Hurricane Irma the Council Meeting was re-scheduled to September 18, 2017 with the
appropriate notices done.
After Motion to approve by with
Second by ea-V-1.-..4.J 2cc- ,the vote on this
Resolution was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy N4
2017-R-32 3
PASSED AND DULY ADOPTED this 18th day of September 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
%c4 B
Robin L. atusick Michael Ignasikk
City ClerklParalegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 18th day
legality'by: Aaron R. Wolfe, Esquire of September, 2017 under Agenda Item No.
City Attorney 8 ) .
Doran, Wolfe,Sims&Ciocchetti
2017-R-32 4
Drax;
City of
E�G E,WATER
CERTIFICATION
1, Robin L. Matusick, City Clerk/Paralegal of the City of Edgewater Florida, do hereby
certify that the attached is a true and Correct Copy of the City of Edgewater's Resolution
Number 2017-R-32 as it appears in the public records of the City of Edgewater, Florida.
IN WITNESS WHEREOF, I have set my hand and the seal of the City of Edgewater,
Florida, on this 18th day of September, 2017.
Robin L. Matusick
City Clerk/Paralegal
SEAL
Office of the City Clerk
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400 Ext. 1101 •Fax(386)424-2410
w w w.cityofedgewa ter.org
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 Community Services Department has budgeted funds
for eligible ECHO projects, and
WHEREAS, the County of Volusia has determined that Project No. 17-04, a project of the
City of Edgewater, is eligible for Volusia ECHO funding.
AGREEMENT
The County of Volusia, 123 W. Indiana Avenue, DeLand, Florida (hereinafter referred to as
the "County"), and City of Edgewater in the County of Volusia (hereinafter referred to as
"Grantee"), agree as follows:
1. Within the 2016 - 2017 grant cycle, the County of Volusia shall designate funds not to exceed
$400,000.00, to be held for the Grantee, for the performance of items approved for funding
which are described and attached hereto as "Exhibit A", (Grantee's application), and any other
requirement 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,
only if the Grantee has maintained all grant requirements and upon the Grantee providing:
• A Quarterly Project Report and a Reimbursement Request Form with backup
documentation (Exhibit B - explaining encumbrances and expenditures and project
status report).
• Not for Profit Organizations shall provide Release of Liens.
3. Ten (10) percent of the grant funds will be withheld until the total project and final reports are
completed as described in"Exhibit C" (ECHO application guide).
4. It is understood between the parties that the amount of funds designated in paragraph 1 above is
the maximum amount the County will provide and the County shall only pay eligible expended
costs, as they are concurrently matched 1:1 by the applicant, unless otherwise approved by the
County.
5. The expiration date of this grant will be exactly 730 days after the execution of this agreement
unless the County grants an extension as provided for in the grant application guide (Exhibit C).
The ECHO funds and all cash match must be encumbered within the initial 365 days following
the execution of this grant agreement but final payments for services and completion of the
project construction may be extended up to another 365-day period. Extensions beyond the 730-
day period may restrict the Grantee or any other organization from applying for additional
ECHO grants for this project or phase of this project until this current grant agreement is
concluded. To be considered for an extension, a written request must be sent to the ECHO
Program prior to sixty days of the grant agreement expiration date and must state the reasons for
the request and provide a new completion date. The County will notify the Grantee in writing
within thirty days of receipt of the request for extension approving or denying said request.
Page 1 of 9
6. The Grantee agrees to conduct the project according to the plans and specifications provided in
"Exhibit A." All major deviations and/or major changes in scope or venue must receive prior
written approval of the County Council and may result in the revocation of this grant. Minor
changes may be approved through the ECHO Program. Such approval shall not be unreasonably
withheld.
7. Understand that this is an annual grant of money only and that this agreement does not obligate
the County to provide additional funds for the project or to be responsible for the completion of
the project or the operation and maintenance of the project before or after the project is
completed.
8. Grantee fully understands its obligation to maintain the facility in clean working order and
maintain and/or replace equipment, furnishings, and items described in this grant and/or
purchased as part of this grant project for the public use as described in the application. This
project shall remain open and in operation as set forth in exhibit A for a period of 30 years.
9. The Grantee fully understands that there will be no reimbursement for obligations or
expenditures made prior to the execution of this agreement or after the agreement has ended
unless the project is a Historic Reimbursement Grant.
10. The Grantee shall provide all additional monies necessary to complete the project according to
"Exhibit A"which shall include competent evidence,prior to the signing of the agreement, of its
ability to complete the project. The Grantee shall have all matching funds on deposit in its
account or valid contracts for grants from other entities prior to proceeding with the ECHO
project. Grantee shall furnish the County with evidence of the matching funds in order to
receive a Notice to Proceed. Grantee shall not encumber any ECHO project funds without a
Notice to Proceed.
11. To the extent allowed by law, the Grantee agrees to hold the County harmless from any and all
claims, liabilities, rights, and obligations arising out of the development and operation of this
project as described in"Exhibit A."
12. Signage showing the County of Volusia involvement is required:
a. Within 90 days of award, one (1) 4' x 8' exterior sign shall be placed in a prominent public
location. See"Exhibit D" for design and wording.
b. Upon completion of the project, one (1) permanent 8 sq. ft. sign shall be placed on site in a
prominent public location. See"Exhibit E" for design, wording, and material.
Note: Alternative signage and/or appropriate material may be considered when the need or
reasonableness for the alternative sign is proven. A written request with a drawing to scale of
the proposed changes must be sent to the ECHO Program for approval. The ECHO Program
will respond in writing within 14 days after receipt of the Grantee's written request.
13. The Grantee shall provide a program report annually over the agreement period in a format
directed by the County.
14. The Grantee agrees to be bound to special conditions to the grant attached hereto and made a
part of this agreement as"Exhibit F," the Restrictive Covenants.
15. The Grantee agrees to provide a payment and performance bond, naming the County of Volusia
as co-obligee, for all contracted work prior to expenditure of ECHO funds. All work performed
prior to receiving proof of the bond may be determined by the County as ineligible for
reimbursement.
16. The Grantee agrees to be responsible for and comply with all local, State, and Federal permits
and laws.
17. 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
Page 2of9
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.
18. Trails and projects on public lands not owned by the applicant: In lieu of the Restrictive
Covenants and unrestricted ownership, for trails projects that are part of the County's Trails
Master Plan approved by the County Council or projects on State and Federal lands, the public
right of continuing access and undisturbed use shall be provided by a Use Permit, Land
Management Agreement, or Project Management Agreement to which the applicant is party. If
the Agreement is dissolved prior to the end of the time period stated in the Agreement that is
included as part of the ECHO Grant Agreement or the project is deconstructed or no longer
available for public use for the time period required based on the type of project (section 1.5, 2
in the ECHO Guide), the grantee shall repay the County in the manner set forth in the
Restrictive Covenants, as shown in section 1.6 of the ECHO Application Guide, section 3.
By their hands and seals, the duly authorized officers or representatives of these respective
parties execute this document this day of , 2017.
WITNESSES COUNTY COUNCIL
COUNTY OF VOLUSIA,FLORIDA
Witness County Chair—Ed Kelley
Witness Attest County Manager—James T.Dinneen
GRANTEE SIGNATURES
WITNESSES(Two): GRANTEE
City of Edgewater
Signature Name of Organization ,
G* C- K i
Printed Name of Witness Signature Authori : 1 Official
Signature W to ass Printed Name of Authorized Official
lNe.1SP C uc �`� c%
Printed Nam�f Witness Title of Authorized Official
Page 3 of 9
EXHIBIT A
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VOLUSIAECHO
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Volusia County
FLORIDA
coweay ofvoiwfrav
2016/2017 GRANTS-IN-AID
APPLICATION
THIS ATTACHMENT REPRESENTS THE GRANTEE'S ACTUAL
APPLICATION AS RANKED BY THE ECHO ADVISORY BOARD
Page 4 of 9
EXHIBIT B
ECHO GRANT
QUARTERLY PROJECT STATUS REPORT FORM
For Grant Period:
Due by:
Grant Number: 17-04 Name of Organization: City of Edgewater
Name of Project: i)tUr
� l S icy)
1) The percentage of the project completion is estimated to be: t 00 %
Cu(( +\Nk Out
2) N ft I have updated the project information by(A) updating the information provided in the
previous official Quarterly Report published by the ECHO Administrative Coordinator and(B) I
have added all new activity relative to the project progress. Attach the edited information to this
form AND email it to jmarcumna,volusia.org
3) The construction timeline for this project has changed not changed. If the timeline
has changed, go to number 4 below. If the timeline has not changed, then skip number 4 and go
directly to number 5. plus A-00V., Q-reW M00h5 more olu£. 4v
Changes ou-� tom bld AouJ . Ccs nS�cue�c�h sekeol�c[cot z --Qct-
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4) If your timeline changed, (A) provide a brief narrative of why the timeline changed and state
what the differences in the timeline are and (B) Insert a chart that shows the old timeline
compared to the new timeline. P`Q n S -'O 6b0. ce.t_u IYY.O`(t racfr U(I.c %I /W.0
91,c V ned
5) Does the existing Budget Detail, including line item description and/or expense, provided to the
ECHO office require revision _Yes 1/No? If yes, then you must provide a spreadsheet
showing proposed budget change (current vs. proposed) and explain the need for the change by
line item. Include a cover letter officially requesting the County to approve the change.
6) Does the existing approved design of your project provided to the ECHO office require revision
Yes v4 o? If yes, then you must provide a drawing showing the change (current vs.
proposed)and include a cover letter officially requesting the County to approve the change.
�► t cc , .c �.) glad' '1
Signature of Grant Project ntact o
Page 5 of 9
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Volusia County
FLORIDA
2016/2017 GRANTS-IN-AID
Not For Profit & Government
APPLICATION GUIDES
This is the governing document for the ECHO grant application and is the final definition of the
ECHO grant requirements.
2016 /2017 COUNTY COUNCIL MEMBERS .
Council Chair: Ed Kelley
Joyce M. Cusack,At-Large
Pat Patterson,District#1 Billie Wheeler,District#2
Deborah Denys,District#3 Heather Post,.District#4
Dr.Fred Lowry,District#5
2016/2017 ECHO COMMITTEE MEMBERS
Chair—Damien Richards Vice Chair—Gerard Pendergast
Regina Bateman-Santilli, Pam Clayton, Michael Donnelly,Carol Johnson,
Patricia Northey,Cyndi Ritchey, Catherine Storch
The County Council approved this ECHO Grants-In-Aid Application Guide on 10/2014.
Page 7 of 9
I . yr .v..v S(*
ECHO GRANTS-IN-AID AGREEMENT
EXHIBIT D
ECHO Grant Project Temporary Construction Sign Examples
VOLUSIA
EcGrantee
Volusia
County of Volusia & (Grantee Name)
Working togetner to improve Environmental,
Image of Project Cultural, Historic and Outdoor Recreation
opportunities for our residents and visitors. This
project is funded in part by the voter approved
Volusia ECHO grant program
(Project Name)/(Project Type)
Required minimum 32 sq. ft. wood sign
• VOLUSIA
EIIO Grantee
Volusia County
FLORIDA
County of Volusia and (Grantee Name)
Working together to improve Environmental, Cultural, Historic and Outdoor Recreation
opportunities for our residents and visitors. This project is funded in part by the voter approved
Volusia ECHO grant program
(Project Name)/(Project Type)
Page 8 of 9
1J 11 1 1 V1Y V1.4 JAL.
ECHO GRANTS-1N-AID AGREEMENT
EXHIBIT E
ECHO Grant Project Completion Sign Examples
• Required size: 8 sq. ft. Material: bronze, engraved granite or bronze finish
of aluminum
• Permanently installed in a prominent, highly visible location.
• Final design and installation site must be approved by the County.
VOLUSEA
ECER"I.
Volusia County
FLORIDA - -
The Volusia ECHO Grant Program was approved by Volusia
County Citizens, November 2000, to construct environmental,
cultural, historical and outdoor recreation projects.
<Ye a r of Award>
<Type of Award>
Volusia County
FLORIDA
VOLUSIA
ECHO
The Volusia ECHO Grant Program was
approved by Volusia County Citizens,
November 2000, to construct
environmental, cultural, historical and
outdoor recreation projects.
<Year of Award>
<Type of Award> Page 9 of 9
Trat 15 according to plat of Edgewater Country Fstates, Unit No. 1, as
recorded in Map Book 11, Page 247, Public Records of Volusia County,
Florida, being a subdivision of Lots 4, 5 & 6 West of U.S. No. 1 Highway
of Squaretcpville as recorded in Mar Book 1, Page 160, & the N.E. 1/4 E.
of the Florida East Coast Railway, S. 11, T. 17 S., R. 34 E.
2 6 7 6 1 4 9 F
Printed for Lawyers' Title Guaranty Fund, Orlando,Erida This instrument was prepared by:
V0 •
Name JUDSON I . WOODS, JR.
1055 No. Dixie Freeway
• Deed Addressarflty !STATUTORY FORM—SECTION 689.02 F.S.i New Smyrna Beach, FL 32069
altrio Jttitrntltrr, Made this 4-/E4 day of April i985 , irtwrrn
FRANCES J. DYER, formerly FRANCES J. STEEBE
of the County of Volusia Store of Florida , grontor*, and
CITY OF EDGEWATER, FLORIDA, a Florida municipal corporation
whose post office address is P.O. Box 100 , Edgewater, FL 32032
of the County of Volusia , State of Florida , grantee'.
ligttnrf3910, That said grantor, for and in consideration of the sum of
TEN AND NO/100 ($10. 00) Dollars,
and other good and valuable considerations to said grantor in hard paid by said grantee. the receipt whereof is hereby
acknowledged, has granted, borgoined and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Volusia County, Florida, to-wit:
Tract 15 , according to plat of Edgewater Country Estates, Unit
No. 1, as recorded in Map Book 11, page 247 , Public Records of
Volusia County, Florida, being a subdivision of Lots 4 , 5 and 6
West of U.S. No. 1 Highway of Squaretopville, as recorded in Map
Book 1 , page 160, and the Northeast 1/4 East of the Florida East
Coast Railway, Section 11 , Township 18 South, Range 34 East.
Subject to restrictions, reservations and easements of record.
THS SPOUSE WITH WHOM TITLE TO THIS PROPERTY,] AS ACEIRD3JAS COQ
TINUOUSLY MARRIED TO THE NAMED GRANTOR IN TffiS DEEIJFR( }rTHE TIME
OF ITS ACQUISITION THROUGH THE TIME OF SAID P SE'- D44fli.
= CL
and said grantor does hereby fully warrant the title to said land, and will defend sarrtgagaiasi a lawful ins of all
persons whomsoever. t•+ rn
* "Grantor" and "grantee" are used for singular or plum conte requisO «'
rtl
in Witness iliIPrrrnf, Grantor has hereunto set grantor's hood and seal the • arfal calor first above written.
Signed, sealed and delivered in our presence:
- {tel}
(5001)
RE.0 FEE $ ,5:U4 REC'D PAYMENT AS
DOC ST $ 1 j y o INDICATED FOR CLASS (fir
INT TAX $ "C" INTANGIBLE & DOC
SER CHG $ STAMi- TAXES. SIGNED Seol)
REFUND $
STATE OF FLORIDA ''.lent Circuit Court YoIusia Co.Florida J4Lejt,
COUNTY OF VOLUS IA
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personall• appeared
ACCOUNTING PERIOD: BUDGET FY: COUNTY OF VOLUSIA
SCH PAY DATE: CHECK CATEGORY: PARKS, RECREATION&CULTURE DIVISION
OFFSET LIABILITY ACCT: SINGLE CHECK: ECHO GRANTS IN AID LETTER CONTRACT
DOCUMENT TOTAL:
Issue Date:
Issued By: Community Services Department
ECHO Grants In Aid
202 North Florida Ave.
Deland,FL 32720
Issued To Vendor#:
Vendor Name: City of Edgewater
Address: 104 N. Riverside Dr.,Edgewater,Florida
Phone Number: 386-668-2040
REQUEST No. FUND AGENCY ORG. OBJECT PROGRAM TOTAL
160 680 6017 8000 ECHO 17 $400,000.00
Description:To provide grant awards to eligible applicants as described in Resolution 2000-156 for the purpose of acquiring,constructing
or restoring environmental learning,cultural,historicalheritage and outdoor recreation facilities through a grant application process.
17-04:Please reference this number on all invoices for payment and correspondence.
Terms:Financial assistance for grant activity will be for FY 16—17(10/1/16—9/30/17),FY 17—18(10/1/17—9/30/18)and FY 18—19
(10/1/18—9/30/19)
Funding:Payments will be made to the recipient for reimbursement of eligible expenditures approved by the ECHO program coordinator.
Quarterly,the recipient must submit a Quarterly Report and a Reimbursement Request.The County may allow additional reimbursement
requests but at a minimum the grantee shall provide one per quarter after the grant is awarded even if the reimbursement request is$0.The
County shall retain 10%of each reimbursement amount until the ECHO project is finished,all reports are complete,and the final permanent
ECHO sign is installed.
Use of Funds: Funds must be used as proposed in the grant application submitted and included as part of the Grant Agreement approved by
the County Council on April 20,2017.
Reviewed By Date Department Head Date
. d ;der
Purchasing Director Date A -ncy Ac] •wledgement Date
Restrictive Covenants
THESE COVENANTS are entered into this 116 day of September, 2017, by the
. Hereinafter referred to as"the Owner" and the City of Edgewater , hereinafter referred to as"the
Grantee/Lessee," and shall be effective for a period of 30 years from the date of recordation by the Clerk of
the Circuit Court of Volusia County, Florida.
WHEREAS, the Owner is the fee simple title holder of the Property located 651 Roberts Roads
Edgewater, in the County of Volusia, Florida, as described as Exhibit A (legal description), attached to and
made a part hereof, and
WHEREAS, the Grantee/Lessee is to receive ECHO Grant Program funds administered by the County of
Volusia, Florida, 123 W. Indiana Avenue, DeLand, FL 32720, hereinafter referred to as "the County," in the
amount of$ 400,000 , to be used for the construction of the facility for public used specifically described in
the ECHO Grant Agreement and its attached documents, situated on the property of the Owner as described
as Exhibit A, and
Now THEREFORE, as part of the 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 the Grantee/Lessee agree to maintain the property so that it continues to be used
for as an ECHO facility as defined in the ECHO application definition and described in the
grantee's application No. GY 17- 04.
2. The Owner and the Grantee/Lessee agree that the County of Volusia, 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 Grantee/Lessee agree that these restrictions shall encumber the property for a
period of 30 years from the date of recordation, and that if the restrictions are violated within the
30 -year period, the County of Volusia shall be entitled to liquidated damages pursuant to the
following schedule:
a. If the violation occurs within the first half of the effective time period of these covenants,
the County shall be entitled to return of the entire grant amount.
b. If the violation occurs after the first half of the effective time period,the County shall be
entitled to return of the entire grant amount, less the quotient of 2 divided by the number
of years in the time period times each year past the mid period of the effective time
period times the grant amount. For instance, if the effective period is for thirty(30) years
and the violation occurs after the twentieth anniversary of the effective date of these
covenants, but prior to the twenty-first anniversary,the County shall be entitled to return
of 50%of the original grant amount.
4. The Owner and Grantee/Lessee are liable to the County of Volusia for the amount of the grant if
the Owner or Grantee/Lessee breach these Restrictive Covenants and/or the Grant Award
Agreement dated September 11, 2017. To insure the ability to repay the grant, the Owner and
Grantee/Lessee have agreed that they will maintain unencumbered equitable value in the
property of at least the amount, and for at least the period of time provided in paragraph three (3)
above. The Owner and Grantee/Lessee will not secure with a mortgage or otherwise hypothecate
that equitable value in the property.
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5. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Volusia County,
Florida, and shall pay any and all expenses associated with their filings and recording.
6. The Owner and Grantee/Lessee agree that the County of Volusia 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.
OWNER: / GRANTEE:
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Mayor Michael Ignasiak f .
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Witness �. L ,.-4 k MR-rc-)(1�,
Sign Print
Witness: K€\5� i\ Y ( Y- %
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Sign ( Print
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SWORN TO and subscribed before me this 1` T day of 2017 by s1 cam-".! _,..
Such person(s) are:
1-4] personally know to me
[ ] produced a current driver license(s)
[ ] produced as identification
NOTARY PUBLIC SEAL (�; l GtI /VV
Notary Public Signature
Z- :-kms 1,t • Printed, typed or stamped name of Notary Public
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My Commission Expires:
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