Loading...
82-R-57RESOLUTION NO. 82-R-57 A RESOLUTION AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO ENTER INTO A WATER MANAGEMENT AGREEMENT WITH THE SCHOOL BOARD OF VOLUSIA COUNTY AND COLEMAN CONSTRUCTION CO. FOR THE PURPOSE OF MAINTAINING AN ADEQUATE SYSTEM FOR DRAINAGE OF SURFACE WATER IN THE EDGEWATER PUBLIC SCHOOL AREA, SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE ATTACHED AGREEMENT. WHEREAS, the City of Edgewater recognizes there is a need and demand for maintaining an adequate system for drainage of surface waters in the city, and WHEREAS, the School Board of Volusia County, Florida, is the owner in fee simple of a certain Water Management Parcel and is willing to convey ownership of said parcel to the city, and WHEREAS, Coleman Construction Company Inc., a Florida corporation, will design, construct, and pay for all cost5for a new drainage ditch and other improvements in order to obtain an off -site drainage ditch for Shangri-La Village and for adjoining property, and WHEREAS, an agreement has been reached between the parties mentioned herein, namely: the School Board of Volusia County, Florida, and the Coleman Construction Company Inc., and the City of Edgewater, Florida, which agreement is attached hereto and made a part hereof. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. The appropriate officials are hereby i authorized and directed to execute and attest the agreement between the School Board of Volusia County, Florida, the Coleman Construction Company Inc'., and the City of Edgewater, Florida, providing for the construction, ownership, and maintenance of a surface water drainage system, under the terms and conditions being contained in said agree- ment which is attached hereto and made a part hereof. i • ' , C 0 SECTION 2. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 3. That this resolution shall take effect immediately upon its adoption by the City Council and approval as provided by law. The first reading of the Resolution was read in full and passed by a. vote of the City Council of the City of Edgewater, Florida at a meeting of said Council held on the day of , 1982. Roll call vote as follows: E /r� h , r �I WATER MANAGEMENT AGREEMENT THIS WATER MANAGEMENT AGREEMENT is made and entered into this 25th day of May , 1982, by and between the School Board of Volusia County, Florida, a body corporate, hereinafter called the BOARD, Grantor, the City of Edgewater, Florida, a municipal corporation, hereinafter called the CITY, Grantee, and Coleman Construction Co., Inc., a Florida corporation, hereinafter called COLEMAN, Grantee, Owner of Real Property known as Shangri-La Village, located adjacent to the School site, described herein. Underlying Considerations. The following are the underlying considerations of this Agreement, among others: A. The BOARD is the owner in fee simple of a certain school' known as Edgewater Public School, located in Section 33, Township 17 South, Range 34 East, more particularly described on Exhibit "A", attached. The School site includes the Water Management PARCEL, more particularly described on Exhibit "B" attached to this Agreement, hereinafter called the PARM, and the BOARD is willing for COLEMAN to design and construct a water management system on said PARCEL, and the BOARD is willing to convey ownership of said PARCEL to the CITY for the purpose of managing and maintaining the water management system, in perpetuity, and B. COLEMMAN is interested in obtaining an off -site drainage ditch for Shangri-La Village and for adjoining property to meet the requirements of applicable water management regulations and COLEMAN is willing to excavate and construct a new drainage ditch on the PARCEL, sufficient to adequately receive and transport surface water from the School site, Shangri-La Village and the adjacent property, draining toward said ditch, and to construct a fence on School property along the entire westerly boundary and the southerly boundary of the PARCEL, and to partially fill all existing, contiguous ditches on the School site to such a depth and elevation as to cause the flow of all surface water in existing ditches into the new ditch, and at the same time, prevent standing water in said existing ditches, and 1 of 7 J Water Management Agreement (continued) Underlying Considerations. (continued) C. The CITY has an interest in maintaining an adequate system for drainage of surface water in the CITY, including the School site and the area around the School site, and the CITY is willing to accept ownership of said PARCEL and to manage and maintain the new drainage ditch and appurtenances, in perpetuity. NOW, THEREFORE, for, .andin consideration of the premises and benefits flowing to each party, the parties hereto do mutually agree as follows: COLEMAN WILL: A. Design, construct and pay all cost for a new drainage ditch within the PARCEL, connecting said ditch to an existing drainage ditch which continues north through an existing culvert under Turgot Avenue. The design shall be in strict accordance with, and shall bear the approval of, the applicable water management authority, and B. Partially fill an existing drainage ditch on the School site, contiguous to the new drainage ditch, to a depth and elevation as to cause all surface water to flow from the existing ditch into the new ditch and at the same time, prevent standing water in the existing ditches, and C. Provide and pay all cost for all labor, tools and services required to construct a new six foot high, galvanized, chain link fence on School property, the full length of, parallel to, and twelve inches from, the west line of the PARCEL and the south line of the PARCEL. The fence shall be constructed in strict accordance with FLORIDA FENCING STANDARDS, as recommended by Florida Chapter of the International Fence Industry Association, Incorporated, for light commercial, galvanized, chain link fences (all fence materials will be provided by the BOARD), and 2 of 7 Water.Management Agreement (continued) COLEMAN WILL: (continued) D. Advise the BOARD as to the location where fence materials should be delivered on the School site and provide suitable and safe storage for all materials required for the fence and protect the fence against vandalism and malicious mischief during construc- tion, and E. Indemnify and hold the BOARD, their employees and agents harmless from and against any and all claims, damages, losses and expenses arising out of or resulting from performance of the work described herein, provided that any such clA4m, damage, loss is caused in whole or in part by any negligent act or omission of COLEMAN, their agents or anyone employed directly or indirectly by COLEMAN, and F. Purchase and maintain public liability insurance covering bodily injury, personal injury and property damage with minimum limits set at $100,000 per claimant and $200,000 per incident or occurence and valid workmen's compensation insurance as required by Chapter 440, Florida Statutes, and the BOARD shall be named as insured and certificates evidencing that all of the above insurance is in force shall be furnished to the BOARD. THE BOARD WILL: A. And does hereby grant, dedicate, assign and set over to COLEMAN, a temporary easement for the put;pose of ingress, egress and construction over the School site, including the PARCEL, as required to perform the work described herein. This temporary easement in favor of COLEMAN shall terminate such time as the original work described herein is completed or upon termination of this Agreement, whichever come first. It is understood and agreed that this temporary easement is not an exclusive easement, but is subject to the rights of COLEMAN as provided herein, and the rights of all other persons not inconsistent with the Agreement, and, S. Purchase and deliver to the site, where directed.by COLEMAN, all materials required for the chain link fence. Provisions for suitable and safe storage of materials and protection of the fence during construction is the responsibility of COLEMAN. 3 of 7 Water Management Agr lent (continued) O THE BOARD WILL: (continued) C. Transfer ownership of the PARCEL to the CITY, if COLEMAN completes all of the work described in this Agreement, within one year after the date of this Agreement, otherwise the Agreement will become null and void. THE CITY WILL: A. Accept ownership of said PARCEL, manage and maintain and pay all cost for said drainage ditch and appurtenances, in perpetuity, reconstructing, improving, adding or changing the size of the ditch, cutting, trimming and keeping the PARCEL clear of trees, brush, undergrowth or other obstructions that could interfere with the free flow of the water, and B. Maintain the new ditch and hold it available to the BOARD at no cost, for receiving and transporting surface water presently draining toward the ditch from the School site, from the date of completion of the new ditch forward, and, C. Indemnify and hold the BOARD, its employees and agents harmless from and against any and all claims, damages, losses and expenses arising out of or resulting from performance of the work involved in managing, maintaining, reconstructing or improving the ditch, provided that any such claim, damage, loss is caused in whole or in part by any negligent act or omission of the CITY, their agents or anyone employed, directly or indirectly, by the CITY. The School Board of Volusia County, WITNESSES: C — Florida, a body corporate �theATTESAso Board The City, of Edgewater, Florida C- a municipal 'corporation WITit: E55 EV BY: � v�: As to Edggi+.atere-.sve. ATTEST: ri'. n,:;.,,;i„OiH•�.:;1,fI''%is.L,......�% As to oleman Coleman Construction Co., Inc.. Florida BY: ATTEST: 4 of 7 STATE -OF FIMDA owlarr OF VOIAIaaIA The foregoing instrurent was acknowledged before me this 25th day of -.May _1982, by T. E. Smotherman, Chairman ETJ Raymond G. Dunne, Secretary on behalf of the School Board of Volusia Oouraty, Florida, a body corporate ( Notary Public Stake of Florida at large My Clormission Expires Notary Pubfn. State of Florida FAY Commission Expires Aug. 18, 19U Led.d a, An•,W a fin { [,ruJy j ... STATE OF FIORIDA COL TfY OF VOIOSIA The foregoing instrument was acknowledged before me this /j 711 day of 1982,.by Joseph McD. Mitchell, City Manager, and Susan J. Wadsworth, Deputy City Clerk, on behalf of the City of Edgewater, Florida, a naraicipal corporation. .� 0144n4&L-17 NoVIry Public S to of Florida at large Mw. Co%rt'ssion Expires: "Notary Nc, Stale of timid, MY Co:nr.:ission Expires Apr! d, Will . -I'.ry iwr FW.: 1... 1, The foregoing instr��u77ment was acknowledged before me this � day of &4y1982, by /c©u Q. C.b1LGcr-W_, and Q on behalf of Coleman Cbnstruction Oongany, Incorporated, a Florida corporation. Q Notary Pumlic State of Florida at large My cormission Expires: r Notary Pubr', State of florid• mycommission Expires July 101986 a '- nw tnx a.;.: s...""y 5Of 7 THE SCHOOL SITE EXHIBIT "A" The west 1/2 of the northwest 1/4 of the southwest 1/4, east of the Florida East Coast Railroad, and the southwest 1/4 of the southwest 1/4, east of the Florida East Coast Railroad, Section,33; Township 17 South, Range 34 East, Volusia County, Florida. 6 Of 7• THE WATER MANPGEhiFSlT PARCEL A FORTICN OF THE NORTH 827.23 FEET OF THE SOUTH 1002.23 FEET OF THE SMM31FST 4 OF THE SWn*IFST 4 OF SECTION 33, TOWNSHIP 17 SOUTH, RANGE 34 EAST, BEING AATACENr AND ABUTTING THE WEST LINE OF MENDELL'S - HAWK's PARK, AS RECORDED IN MAP BOOK 3, PAGE 73, OF THE PUBLIC RECORDS OF VOLUSIA, COUNTY, FLORIDA TO BE USED FOR DRAINPGE PRUPOSES, MORE PARTICULLARLY DESCRIBED AS FOLLGAS: FROM THE SOUTHEAST CORNER OF THE SOUT'MiES'1' k OF THE SOUTHWEST 4 OF SAID SECTION 33, RUN N1008'28"W ALONG THE EAST LINE OF SAID SOUTEWEST 4 OF THE SWIHWFST 4 OF SAID SECTION 33 A DISTANCE OF175.00 FEET TO THE POINT OF BEGINNING; THENCE DEP$RPTIIIG SAID EAST LINE, RUN S88051'32"W A DISTANCE OF 20.00 FEET; THENCE N1 O6'28"W A DISTANCE OF 576.28 FEET; THENCE N12O59'32"W A DISTANCE OF 224.99 FEET TO THE PROTECTED SOUTH RIGHT OF WAY LINE OF TURGCTT STREET; THENCE N63O56'32"E ALONG SAID PROJECTED SOUTH RIGHT OF WAY A DISTANCE OF 73.00 FEET; THENCE DEPARTING SAID PROJECTED RIGHT OF WAY LINE RUN 51008'28"E A DISTANCE OF 827.23 FEET TO THE POINT OF BEX;IFINING. - CONTAINING 0.51 ACRES. APPROVED FOR THE SCHOOL BOARD OF VQLUSIA. r COUNTY, FLOORIDA .. M2. mam G. DUNNE, SUPERINTENDENT OF SCHOOLS 7 OF 7 wILQ � AR9 J .E. R NQ R P -U.- October 15, 1982 ED82015-9CE _Dtdly, (Wild CJ c4i&ociatE3, J CONSULTING ENGINEERS AND PLANNERS O RMONO BEACH - CLEARWATER - RIVIERA BEACH FLORIDA Mr. Joseph McD. Mitchell City Manager City of Edgewater Post Office Box 100 Edgewater, Florida 32032 Re: Shangri-La Stormwater Run-off Dear Mr. Mitchell: Eom EASE n ......R:E..�.:LA 32o The stormnrater design for this project provides for detention of the difference in run-off caused by a 25 year storm prior to this deveTont and run-off after this project is completed. The retention pond located on the southwest edge of the property was designed to hold this difference.of run-off. It also provides an overflow rate equal to the flow leaving the property in its undeveloped state. This means that downstream property owners should not see any greater run-off from this project than what they experienced before it was built. The developer is re-routing an existing ditch to parallel his West property line and carry the overflow water to an existing ditch that flows North under Turgot Street. This is all shown on page 4 of 14 of the approval plans. We wish to point out that the volume of storage in the retention pond was designed using an elevation of 2.0 feet msl as the high ground water elevation. The actual groundwater elevation has been much higher and the required retention is just not there. We have been in touch with the desgin engineers who are in process of studying this situation and will submit revised plans for corrective action. P1ese call if you need additional information. Very truly yours, BRILEY, WILD 8 ASSOCIATES, INC. COONNSU�LTING ENGINEERS 8 PLA ERS fY G% William A. Cross, P.E. WAC/ras cc: BWA/Field Office G Bv�ayj JIeklVeA ON Btd.y, rWi%d & 'AlociatEa, JnC. CONSULTING ENGINEERS AN. PLANNER. ORMONO BEACH - CLEARWATER - RIVIERA BEACH RLORIOA September 30, 1982 Mr. Joseph McD. Mitchell City Manager P. 0. Box 100 Edgewater, Florida 32032 Re: Inspection of "Shangri-La" Drainage Dear Mr. Mitchell: ¢ec0U ..AT GRNGN BEACH. ¢, D ED 82015-9 CE Referring to your letter of September 16, 1982, we have made a visual inspection of the retention pond area and drainage in general on September 29, 1982. This is to report that the project is still under construction, with several items, including a new overflow structure, yet to be constructed. The contractor is aware that a potential problem exists with the retention pond and the drainage canal immediately to the west of the pond. Once the project is completed, we will be glad to perform a final inspection on the job to see that any problems that existed have been corrected. Yours very truly, BRILEY, WILD & ASSOCIATES, INC. CONSULTING ENGINEERS & PLANNERS 20 t Ro PeAssistant pPoo Rentative el