2017-R-36 1
City of
It:ED G nonda ATER
February 7, 2018
Travis Terpstra, PE
Senior Project Manager
Volusia County- Engineering&Construction Division
123 W. Indiana Avenue, Room #402
DeLand, FL 32720
Re: City of Edgewater Resolution #2017-R-36 & JPA between the County of Volusia & City of
Edgewater for Road Construction, Improvements & Maintenance Responsibilities Concerning
West Park Avenue from Old Mission Road to Dale Avenue
Dear Mr. Terpstra:
During the City Council meeting held on February 5, 2018, Council approved the above-referenced
JPA Agreement for the West Park Avenue Widening Project. A copy of Resolution #2017-R-36 is
enclosed along with an original of the Agreement (executed by the City) for approval and execution
by the County. We have also enclosed a copy of the Maintenance and Drainage Easement.
Once the County has finalized and executed the Agreement along with recording it into the public
record with the Clerk of Court, please return a fully executed/recorded document to the address listed
below.
Once we receive the recorded Agreement, we will then insert the appropriate recording information
into the Maintenance and Drainage Easement and have that recorded into public record.
Do not hesitate to contact my office at the number listed below if you have any questions.
Sincerely,
1/a.£ ittatuaa
Robin L. Matusick
City Clerk/Paralegal
rmatusick@cityofedgewater.org
/rim
Enclosures
Copies to: Brenda Devvees(laserfiche)
Bridgette King(laserfiche)
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400.Ext. 1101 •Fax(386)424-2410
www.ciiyofedgewater.org
(Letter/Lu-2018-01 I)
RESOLUTION NO. 2017-R-36
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA,RESOLUTION FOR
APPROVAL AND EXECUTION OF THE JOINT
PROJECT AGREEMENT (JPA) BETWEEN THE CITY
OF EDGEWATER AND THE COUNTY OF VOLUSIA
RELATING TO THE WATER LINE ADJUSTMENT
AND ROAD CONSTRUCTION ON WEST PARK
AVENUE WIDENING; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS,the City of Edgewater and County of Volusia would like to enter into a
Joint Project Agreement relating to the widening of West Park Avenue and the water line
adjustment that will need to take place in conjunction with the road project; and
WHEREAS, the County of Volusia has requested the City of Edgewater execute and
deliver the Joint Project Agreement for the aforementioned project 95712.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA,AS FOLLOWS:
Section 1. The City Council hereby approves entering into the Joint Project Agreement
and authorizes the Mayor to execute the agreement relating to the West Park Avenue Road
Widening Project and Realignment of Water Lines (which is attached hereto and incorporated
herein as Exhibit"A").
Section 2. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 3. If any portion of this resolution is for 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, or property, or circumstances, such holding shall not affect its
applicability to any other person, property,or circumstance.
t
#2017-R-36
Section 4. This resolution shall take effect immediately upon adoption.
'_After Motion to approve by C C V", ,� Ceyya Q and Second
�r
by "t.i.cm.- 1EX� ,the vote on this resolution
was as follows:
AYE ZAI
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 5th day of February,2018.
ATTEST: CITY COUNCIL OF THE
CITY OF
OFEDDGEWATER,FLORIDA
ByAl Vry / M�NJ�1
Robin L.Matusick Michael Igoasiak
City Clerk 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 legality Edgewater at a meeting held on this 5th day of
by: February,2018 under Agenda Item No.8
Aaron R.Wolfe,Esquire
City Attorney
Doran Sims Wolfe&Ciocchetti
2
#2017-R-36
EXHIBIT "A"
3
#2017-R-36
JOINT PROJECT AGREEMENT BETWEEN COUNTY OF VOLUSIA AND THE
m CITY OF EDGEWATER FOR ROAD CONSTRUCTION,IMPROVEMENTS,AND
m+• MAINTENANCE RESPONSIBILITIES CONCERNING WEST PARK AVENUE
<i�o FROM OLD MISSION ROAD TO DALE AVENUE
if 2 k w
THIS JOINT PROJECT AGREEMENT (AGREEMENT) is made and entered
into by and between the County of Volusis (COUNTY), a political subdivision of the State
m
of Florida, and the City of Edgewater (CITY), a municipal corporation of the State of
g Florida, for the COUNTY's road construction work and improvements (referred to as the
COUNTY PROJECT) on a portion of West Park Avenue from east of Old Mission Road to
Dale Avenue within the CITY and adjustments to the CITY's CITY lines within the
COUNTY's right-of-way (such collaboration is referred to as JOINT PROJECT). Each of
the above individually may be referred to as"Party,"and collectively as "Parties."
WITNESSETH:
WHEREAS, the COUNTY is constructing, reconstructing, widening, improving or
otherwise changing a portion of West Park Avenue from east of Old Mission Road to Dale
Avenue within the CITY designated by the COUNTY as Project No. P-5712 which is
described hereafter as"COUNTY PROJECT";and
WHEREAS, the COUNTY has prepared, at its expense, design drawings and
specifications for said COUNTY PROJECT;and
WHEREAS, the COUNTY PROJECT includes construction of stone water ponds
along West Park Avenue within the COUNTY PROJECT area; and
WHEREAS, the CITY shall grant a drainage easement to the COUNTY for
construction and maintenance of storm water pond ]A;and
WHEREAS, the CITY shall maintain any installed landscaping within the COUNTY
PROJECT area;and
WHEREAS,the CITY has been requested to make adjustments to CITY lines within
the right-of-way of the COUNTY's Road Work to include Water Components;and
WHEREAS, the CITY desires to construct utility improvements within and directly
adjacent to the Project Area;and
WHEREAS,the CITY's Utility Component improvements consist of a 12-inch PVC
and 14-inch HDPE Water Main installation,a 10-inch Water Main abandonment or removal,
and various other water and sanitary Forcemain relocations and adjustments and such
improvements shall be included in the County's Road Work bid proposal,work contract,and
paid for by the CITY; and
JPA Between County and
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Page I of 13
WHEREAS, the CITY has prepared, at its expense, design drawings and
specifications for said Utility Component CITY work which is described hereafter as the
"CITY's Utility Work";and
WHEREAS, the CITY has famished the COUNTY with a complete set of design
drawings and specifications including a "summary of quantities" sheet covering all
construction requirements of the CITY's Water Utility Work;and
WHEREAS, the COUNTY and the CITY have determined that it would be in the
best interest of the general public and to the economic advantage of both parties to enter into
this AGREEMENT providing for construction of the COUNTY's Road Work and the
CITY's Utility Work to be combined into one JOINT PROJECT administered by the
COUNTY;and
WHEREAS,the CITY, by this AGREMENT, agrees to assume all costs incurred for
the CITYs Utility Work;and
WHEREAS, the term"costs incurred for the CITY's Utility Work"shall include the
entire amount to be paid by the CITY that is properly attributed to such CITY work.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
warranties and undertakings of the Parties contained herein and other good and valuable
consideration given by each Party to the other, the receipt and sufficiency of which is hereby
acknowledged,the Parties hereto stipulate and agree as follows:
The recitals set forth above we true and correct and we intended to form a material
part of this Agreement.
A. MUTUAL COOPERATION
The COUNTY and the CITY shall mutually participate in this AGREEMENT and
shall work cooperatively to coordinate and accomplish all aspects of both the
COUNTY's Road Work and the CITY's Utility Work within the limits of the
COUNTY's Road Work as included in the CITY'S and the COUNTY's design
drawings and specifications. The COUNTY and CITY agree to endeavor to fulfill the
responsibilities and complete the work set forth in this AGREEMENT, and any
amendment, modification, supplement or change order, which may be approved by
the COUNTY and the CITY subsequent to execution of this AGREEMENT, as
expeditiously as possible.
B. CITY RESPONSIBILITIES
1. BID DOCUMENTS
At its sole cost and expense, the CITY shall prepare and provide to the COUNTY all
necessary plans and documents relating to the CITY's Utility work for inclusion of
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Page 2 of 13
the CITY's Utility work in the bid documents for the COUNTY's Road Work.
Each Party shall be responsible for the accuracy and completeness of its own plans
and documents.
2. UTILITY WORK PLANS
All of CITY's Utility Work on the JOINT PROJECT is to be done according to
design drawings and specifications as prepared and approved by the CITY. The
CITY will be responsible for verifying the accuracy of the information furnished by
the CITY to the COUNTY and will also be responsible for any changes in the CITY's
design drawings made necessary by errors or omissions in the information as
furnished by the CITY. The COUNTY will be responsible for the accuracy of the
COUNTY's Road Work information supplied to the CITY for use in the drawings
preparation. The construction contract will include the provision that the contractor's
insurance requirements and warranties for the CITY's Utility Work will apply to both
the COUNTY and CITY.
3. CONSTRUCTION, MAINTENANCE AND EASEMENT OVER
STORM WATER POND 1 A
The CITY agrees to permit the COUNTY to construct a storm water pond on CITY
owned Parcel No. 44-17-33-08-00-0142 as depicted in Exhibit A. At the conclusion
of the PROJECT, CITY will retain ownership of the storm water pond and agrees to
maintain the storm water pond in accordance with the St. John's River Water
Management District Storm Water Environmental Resource Permit maintenance
responsibilities which include but are not limited to mowing, debris removal within
the ponds and unclogging any blockage in the storm water ponds. Additionally, the
CITY shall grant an easement to the COUNTY,Exhibit B, pertaining to the drainage
and emergency maintenance of the storm water pond ]A. The CITY shall not modify
the storm water pond area in any manner to include the stomr water pond's capacity
without prior approval from the COUNTY. Any CITY irrstalled landscaping shall not
interfere, adversely affect, change, or cause diminishment of permitted storm water
capacity within the storm water ponds.
If, at any time while the terms of this agreement are in effect, it shall come to the
attention of the COUNTY, that the CITY'S responsibility as established herein or a
par thereof is not being properly accomplished pursuant to the terms of this
agreement,the County Manager,may, at his/her sole discretion, issue a written notice
in care of the City Manager to place the CITY on notice thereof. Thereafter, the
CITY shall have a period of(30)thirty calendar days within which to correct the cited
deficiency or deficiencies. If said deficiency or deficiencies are not corrected within
this time period the COUNTY may at its option,proceed as follows:
(A) Maintain the declared deficiency with COUNTY or a Contractor's
material, equipment and personnel. The actual cost for such work will be the
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Page 3 of 13
responsibflity, of the CITY and the COUNTY will send an invoice for actual cost to
the CITY,or
(B) Maintain the storm water pond declared deficient with COUNTY or a
Contractor's material,equipment and personnel.The actual cost for such work will be
the responsibility of the CITY and the COUNTY will send an invoice for actual cost
to the CITY,or
4. LANDSCAPING AND MOWING
If the CITY installs landscaping within the COUNTY PROJECT area,the CITY shall
be responsible for any maintenance of installed landscaping. Landscaping shall not
be installed until the completion of the COUNTY's project. Additionally, the CITY
shall be responsible for cleanup as well as removal and disposal of all debris and trash
within rights-of-way after construction is complete.
CITY agrees to mow the grass for the entire right of way of West Park Avenue from
Old Mission to Dale Avenue. These limits and responsibilities may be amended if
subsequently agreed to in writing by both Parties.
Prior to installing landscaping,the CITY shall apply for and obtain a right-of-way use
permit from the COUNTY in accordance with the County's Land Development Code
and Florida Greenbook. It is understood between the parties hereto that the
landscaping covered by this Agreement may be removed, relocated or adjusted at any
time in the future for failure to maintain the landscaping by the CITY or as found
necessary by the COUNTY in order that the adjacent COUNTY road be widened,
altered or otherwise changed and maintained to meet with future criteria or planning
of the COUNTY.
5. PLAN COORDINATION
The CITY agrees to coordinate its plans for the CITY's Utility Work with the
COUNTY's Road Work plans to avoid conflict and construction delays. The CITY
shall work proactively with the COUNTY to eliminate any conflicts that may exist
between the CITY'S Utility work and the COUNTY's Road Work. The basis of
survey and other survey information for the CITY's Utility Work shall be consistent
with the COUNTY's Road Work plans.
6. CONFLICTS
The Parties expressly agree that the COUNTY's Road Work shall take priority over
the CITY's Utility Work. The CITY's Utility Work shall be designed, located or
relocated to avoid conflict between CfFY's Utility Work and the COUNTY's Road
Work. Any conflicts between the existing or proposed facilities in the COUNTY's
Road Work and the CITY's Utility Work shall be coordinated with the CITY and
JPA Between County and
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shall be adjusted or relocated to adequately accommodate the COUNTY's Road
Work at the CITY's sole expense.
7. CITY REPRESENTATIVES
At its own expense, the CITY shall provide a knowledgeable representative to
respond to any CITY's Utility Work related questions during the advertisement and
bidding of the COUNTY'S Road Work. The CITY shall also provide a
knowledgeable representative to attend and participate in any project meetings prior
to and during the performance of the CITY'S Utility Work.
At its own expense, the CITY shall provide for the review and approval of shop
drawings and any other submittals relating to the CITY's Utility Work during the
construction of the COUNTY's Road Work. The review and approval of any shop
drawings and submittals shall be performed in a timely manner and shall not delay the
COUNTY's Road Work.
At its own discretion and expense, the CITY shall provide one on-site technician to
observe the construction and assist in the coordination of testing of the CITY's Utility
Work. At its own expense, the CITY shall provide for all testing required for the
CITY's Utility Work,including but not limited to soil density and compaction testing.
Field survey control, if required by the CITY for the CITY's Utility Work, shall be
furnished to the CITY by the COUNTY.
During construction, the CITY's on-site technician may periodically observe the
construction activities of the CITY's utility work at the discretion of the CITY. The
CITY shall be responsible for preparing, tracking, and retaining all daily progress
reports or diary records, approved quantities and amounts for weekly, monthly, and
final estimates at the discretion of the City. The City shall furnish the County
Engineer, or other duly appointed designee with daily progress reports or diary
records, approved quantities and amounts for weekly, monthly and final estimates.
Any deficiencies noted in construction shall be immediately reported to the County
Engineer, or other duly appointed designee, and the COUNTY shall maintain all
necessary controls relative to the quality of construction. The CITY's on-site
technician shall not communicate directly with the contractor's field representatives,
but instead, shall communicate through the County Engineer,or other duly appointed
designee.
C. COUNTY'S RESPONSIBILITIES
1. PROJECT SUPERVISION
The COUNTY shall provide overall supervision to assure the JOINT PROJECT is
constructed in compliance with all approved drawings and specifications. The
IPA Ma =County and
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COUNTY shall endeavor to provide limited observation services of the CITY's
utility work, however the COUNTY does not guarantee continuous oversight, and
will not track progress or quantities. The COUNTY and the CITY shall rely solely on
the CITY's inspection, observation, tracking, and record keeping of the CITY's
Utility work. The COUNTY's responsibility for overall supervision does not relieve
the CITY from performing its responsibilities in accordance with Section B of this
Agreement.
2. ROAD WORK PLANS
The COUNTY shall provide to the CITY one PDF copy and one AutoCAD format
copy of the COUNTY's Road Work plans. If necessary, the CITY shall be
responsible for the conversion of the COUNTY'S Road Work plans to any other
format at its own expense.
3. RIGHTS OF WAY
The COUNTY shall own, control, maintain, and be responsible for all parts of the
public rights-of-way along West Park Avenue from just east of Old Mission Road to
Dale Avenue within the City of Edgewater except as to the CITY's responsibilities
contained in section B.5 of this agreement.
4. STORM WATER POND CONSTRUCTION
In conjunction with the COUNTY PROJECT, the COUNTY will construct storm
water pondlA as shown within Exhibit A within the City of Edgewater. The
COUNTY shall receive from the CITY an easement over the storm water pond IA
within Exhibit A for drainage and emergency maintenance over the property.
D. PROJECT PROCESS
1. BID DOCUMENTS
The COUNTY shall be responsible for the assembly of all necessary bid documents
for the COUNTY'S Road Work and the CITY's Water Component Utility Work.
The COUNTY shall be responsible for advertisement, bidding, award and
administration of the construction contract for the COUNTY's Road Work and the
CITY's Utility Work. The plans, specifications and bid documents for the CITY's
Utility Work shall be separately labeled as "CITY's Utility Work" for clarification.
The COUNTY's contract documents will apply to both the COUNTY's Road Work
and the CITY's Utility Work.
2. NOTIFICATION &AWARD
The COUNTY shall receive, open and evaluate all bids and award the contract
concurrently for the combined CITY's Utility Work and the COUNTY's Road Work.
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- Page 6 of 13
The cost of such bidding process shall be at the sole expense of the COUNTY. The
COUNTY will not award the JOINT PROJECT without prior review and acceptance
by the CITY of the CITY's Utility Work portion of the bid and issuance of a CITY
purchase order. The CITY shall notify the COUNTY of its acceptance of the
COUNTY's selection, in writing, within five (5) days of City Council approval ,
including the CITY's intent to exercise any options permitted by this paragraph. The
notice to the CITY by the COUNTY shall include the amount of the CITY's Utility
Work listed separately. The CITY understands and agrees that the COUNTY intends
to award the contract to the lowest responsive and responsible bidder for the
combined COUNTY's Road Work and CITY's Utility Work;however,the COUNTY
reserves the right to select and award the contract based on the lowest responsive and
responsible bid for either the COUNTY's Road Work or the CITY's Utility Work.
However, before the COUNTY considers awarding the contract to the lowest
responsive and responsible bidder for the CITY's Utility Work, the CITY shall
submit a formal written request to the COUNTY agreeing to pay any difference
between the bid for the COUNTY's Road Work associated with the CITY's selection,
and the lowest responsive and responsible bid for the COUNTY's Road Work.
Regardless of the bid selected, the COUNTY will not award the JOINT PROJECT
without receipt of a CITY purchase order.
The COUNTY and the CITY acknowledge that the COUNTY's bidding documents
include a provision that subcontractors will be subject to review as to their
competency prior to award of the contract, and shall be one of the considerations in
determining the lowest responsible bidder.
3. NO OBLIGATION
The COUNTY is under no obligation to accept any of the bids received at the bid
opening for the combined COUNTY's Road Work and CITY's Utility Work, and
may, at its option,without incurring any obligation to the CITY, reject all bids or any
part of any bid received at bid opening.
4. CHANGE ORDERS
If any adjustments, relocations, repair and incidentals are required to be made to the
CITY's Utility Work resulting from this JOINT PROJECT, not included in this
Agreement,they shall be the sole responsibility and expense of the CITY and most be
accomplished in written form with a description of the changed work and a sketch in
a form acceptable to the COUNTY. The COUNTY shall review the change order
documents only for their effect on COUNTY's Road Work and the overall cost of the
contract. An authorized CITY representative shall review and approve by signing all
change order documents relating to the CITY's Utility Work prior to the COUNTY's
approval. The CITY shall amend its purchase order to reflect any approved change
orders. All such work shall be coordinated with the construction of the COUNTY's
Road Work and in a manner that will not cause inordinate delay or expense to the
road contractor. If any changes are required to be made to the COUNTY's Road
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Work that impacts the CITY's Utility Work resulting from this JOINT PROJECT,not
included in this Agreement, the CITY shall be given prompt notice and the
opportunity to evaluate the changes and provide input, including the method used to
measure the additional amount to be paid by the CITY, prior to the COUNTY's
approval of the changes with the goal of minimizing the impacts to the CITY's Utility
Work.
5. CONSTRUCTION
All services and work ander the construction contract shall be performed to the
satisfaction of the County Engineer. All questions, difficulties and disputes of
whatever nature which may arise under the construction contract for CITY'S Utility
Work, including but not limited to the pursuit and fulfillment of the services
thereunder and the character, quality, amount and value thereof, shall be decided by
the County Engineer after consultation with the CITY. The decision of the County
Engineer upon all such questions, difficulties and disputes thereunder shall be final.
However, the County Engineer's exercise of such decision-making authority will not
authorize the Engineer to waive the requirement in Section B.2, above, that all of the
CITY's Utility Work must be done in accordance with the CITY's design drawings
and specifications. The County Engineer's authority is subject to the CITY's right to
select the method of compensation for change orders consistent with the construction
contract for the JOINT PROJECT.
The salvage value of any materials related to the CITY's Utility Work and removed
from the construction site will become the property of the contractor and shall be
disposed of by the contractor.
6. OWNERSHIP
Upon completion and acceptance of the work and receipt by the CITY of as-built
drawings of the completed work, the CITY shall own, control, maintain and be
responsible for all the CITY's Utility facilities involved,according to the COUNTY's
terms of the standard use permit required by the COUNTY's ordinance for occupancy
of public rightsof--way. The CITY agrees that it shall:
(a) Maintain and keep in good repair, or cause to be maintained and kept
in good repair, all such facilities or utilities within the right-of-way of the COUNTY
road; and
(b) Comply with all provisions of law and the COUNTY's manual with
amendments and specifications for traffic control routing and parking;and
(c) Conform with all other regulations of the COUNTY pertaining to
occupancy of public rights-of-way.
E. CITY FUNDING
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The CITY warrants that sufficient funds to cover the CITY's Water Component
Utility Work will be obligated in an account upon receipt of the lowest responsive
and responsible bid, and said funds shall be available exclusively for prompt payment
of the costs of the CITY's Water Component CITY Work, including any
administrative, change order or contingency costs identified by the COUNTY. The
CITY shall prepare and deliver a purchase order to the COUNTY for the amount of
the CITY's Water Component Utility Work prior to the award of a contract for the
JOINT PROJECT. The COUNTY will prepare and deliver an invoice for the cost of
the CITY's Water Component Utility Work to the CITY monthly as the CITY's
Water Component Utility Work is completed and the contractor submits payment
requests. The CITY will be provided the payment requests for review and written
acceptance as to the percentage or quantities, as applicable, of work completed prior
to processing for payment. The CITY shall pay all received invoices to the
COUNTY within twenty (20) business days following receipt of the invoice. All
invoices shall be sent to: City of Edgewater, Environmental Services, PO Box 100,
Edgewater, FL 32132
Upon final completion of all construction work, the COUNTY shall within one
hundred eighty (180) days, furnish the CITY with two (2) copies of its final and
complete billing of all costs incurred in connection with the CITY's Utility Work
performed hereunder, such statement to follow as closely as possible the order of the
items contained in the job estimate. The final billing shall show the description and
site of the JOINT PROJECT; the date on which the first work was performed; the
date on which the last work was performed or the last item of billed expense was
incurred; and, the location where the records and accounts bill can be audited.
Adequate reference shall be made in the billing to the COUNTY's records, accounts
or other relevant documents. All cost and accounts shall be subject to audit by a
representative of the CITY. Upon receipt of final invoices prepared in accordance
with the provision of the COUNTY procedures, the CITY agrees to reimburse the
COUNTY,within twenty(20)business days the amount of such cost.
F. INDEMNIFICATION
Each Party shall be responsible for its sole negligence, breach of contract, or breach
of this AGREEMENT,subject to the limitations in §768.28,Florida Statutes.
G. MISCELLANEOUS
1. ENTIRE AGREEMENT
This AGREEMENT constitutes the entire agreement between the Parties regarding
the COUNTY's Road Work and CITY's Utility Work as set forth herein. All
negotiations, proposals and draft agreements, oral or written (or portions thereof) or
understandings of any kind between the parties relating to the subject matter hereof
are hereby superseded by this AGREEMENT to the extent the provisions of this
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Page 9 of 13
AGREEMENT relate to such prior agreements or understandings or portions thereof.
2. AMENDMENT
This AGREEMENT may only be amended, modified or supplemented in writing
which must be duly executed by the COUNTY and CITY.
3. SEVERABILITY
In the event that any provision of this AGREEMENT shall for any reason be
determined invalid, illegal or unenforceable in any respect, the Parties hereto shall
negotiate in good faith and agree to such amendments, modifications or supplements
to this AGREEMENT or such other appropriate actions as shall implement and give
effect to the intentions of the Parties reflected herein. All other provisions of this
AGREEMENT, as amended, modified, supplemented or otherwise affected by such
action, shall remain in full force and effect.
4. LAWIVENUE
The applicable laws of the State of Florida shall govern the validity, interpretation,
construction and performance of this AGREEMENT. Venue for any suit involving
this AGREEMENT shall be Volusia County, Florida. In the event a Party deems it
necessary to take legal action to enforce any provision of this AGREEMENT, each
Party shall bear its own attorneys' fees and costs.
5. BREACH OF AGREEMENT
In the event of a material breach of this Agreement, the non-breaching party shall
provide written notice of a breach to the other party. If the other party does not
remedy the breach within thirty (30) days after receipt of the written notice, or such
additional time as may be reasonably necessary and agreed upon by both parties to
remedy such breach, the non-breaching party may then terminate this Agreement by
providing at least thirty (30)days notice in writing to the other party.
6. NOTICES
Any notice, statement, demand or other communication required or permitted to be
delivered, served or given by either Party to the other shall be deemed delivered,
served or given, if mailed in any general or branch United States Post Office (USPS)
enclosed in a registered or certified envelope addressed to the respective Party, as
follows:
TO COUNTY: VOLUSIA COUNTY
ATTN: JAMES T.DINNEEN
COUNTY MANAGER
123 WEST INDIANA AVENUE,RM 301
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Page 10 of 13
DELAND,FL 32720
COPY TO: GERALD N. BRINTON, P.E.
COUNTY ENGINEER
123 WEST INDIANA AVENUE
DELAND, FL 32720
TO CITY: CfFY OF EDGEWATER
ATTN: CITY MANAGER
PO Box 100
104 N.RIVERSIDE DRIVE
EDGEWATER,FL 32132
7. COUNTY FUNDING
The COUNTY's responsibilities under this AGREEMENT are contingent upon the
appropriation of funds required for the COUNTY's Road Work.
8. EFFECTIVE DATEITERM
This AGREEMENT shall be effective on the date of execution by the COUNTY and
shall continue in full force and effect until final reconciliation and payment, in full by
the CITY under this AGREEMENT,is received by the COUNTY.
9. DELAY
Subject to any contrary Agreement provisions, any delay claims arising out of, or
related to the untimely completion of the UTILITIES's Water Component
Improvements shall be the responsibility of the CITY.
10. FORCE MAJEURE
Neither the COUNTY nor the CITY shall be liable to the other for any failure to
perform under this AGREEMENT to the extent such performance is prevented by an
act of God, war, riot, natural catastrophe, or other event beyond the control of the
nonperforming Party and which could not have been avoided or overcome by the
exercise of due diligence; providing that the Party claiming the excuse from
performance has (a) promptly notified the other Party of the occurrence of the event
and its estimated duration; (b) promptly remedied or mitigated the effect of the event
to the extent possible;and(c)restated performance as soon as possible.
11. ASSIGNMENT
No assignment, delegation, transfer or novation of this AGREEMENT or any part
thereof shall be made unless approved in writing by the Parties.
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12. HEADINGS
All section headings contained herein are included for convenience only and shall not
affect in any manner the construction or interpretation of the AGREEMENT.
13. SUCCESSORS AND ASSIGNS
This AGREEMENT shall be binding upon and inure to the benefit of the respective
successors,assigns,administrators and managers of the COUNTY and the CITY.
14. EXECUTION OF DOCUMENTS;RECORDING
This AGREEMENT shall be executed in three (3) duplicate originals, any of which
shall be regarded for all purposes as an original and all of which shall constitute one
and the same instrument. The COUNTY shall retain two(2) fully executed originals
and the CITY shall retain one (1) fully executed original. After execution by the
Parties;this Agreement shall be recorded in the Public Records of Volusia County by
the COUNTY.
JPA Between County and
the City of Edgewater for
CITY Line Adjustment and Road Construction (W.Park Ave.)
- Page 12 of 13
IN WITNESS WHEREOF, the parties hereto executed this Interlocal Agreement,
by and through their duly authorized representatives,on the respective dates below.
A S COUNTY OF VOLUSIA,FLORIDA
BY:
.VDINNEEN ED KELLEY,
p,, TY MANAGER COUNTY CHAIR
DATE: aGJ S Zol
ATT EST:"� 'Vt// /� Y/� / �— CITY OF EDk-116-
C/EWATER,F ORIDyA
/ BY: k-11 o1rC�S/d
JRACFX 13ARLOW MICHAEL IGNASIAX
/CITYYAANAGER MAYOR
DATE: '�016
r
Approved as to form
And correctness:
THOMAS BROWN
ASSISTANT COUNTY ATTORNEY
AARON R. W LFE
CITY ATTOR
JPA Re.vcrt County and
the City of Edgevn aer for
CITY Line Adjustment and Road Coretruction (W.Park Ave.)
Page 13 of 13
SCHEDULE "A"
EXHIBIT'A"
DESCRIPTION PARCEL 802:
A portion of Lots 73 and 14, Map of the South Third of the Ambrose Hull Grant according
to the map thereof recorded in Map Book 4, Page 199, and Map Book 5, Page 54, also
being a portion of the lands described in Book 1763, Page 1645, Public Records of Volusic
County, Florida, and that certain Volusia County Right of Way Map for West Park Avenue
(County Road No. 4136, Project No. P-5712 residing in the office of the Volusia County
Construction and Engineering Department); prepared by Southeastern Surveying and Mapping
Corp.
Being more particularly described as follows:
COMMENCE at the Southeast corner of the map of the South Third of the Ambrose Hull
Grant recorded in Mop Book 4, Page 199, and Map Back 5, Page 54, Public Records of
Volusio County Florida occupied by a 1/2 inch iron pipe with no identification; thence North
20'42'18" West along the East line of said Hull Ambrose Grant a distance of 1194.88 feet,
to a point on the centerline of survey according to the above referenced survey occupied by
a SSMC Nail and Disc stamped LB 2108 at station 44+16.87; thence deport said Grant line
South 67'12'42" West along said centerline a distance of 1045.92 feet; thence continue
along said centerline of survey South 77'29'36" West a distance of 1774.43 feet; thence
departing said centerline of survey on a perpendicular line North 12'30'24" West a distance
of 30.00 feet to the most westerly corner of the lands deeded to the City of Edgewater
recorded in Official Records Book 1611, Page 4422 and Book 1763, Page 7645, Public
records of Volusia County Florida, said point also being the intersection of the Southerly
right of way line of the railroad recorded in Official Records Book 6182, Page 7994 and the
North line of West Park Avenue as monumented; thence North 6753'21 " East, along said
southerly railroad right of way line a distance of 888.13 feet to the POINT OF BEGINNING;
thence continue along said railroad right of way line North 67'53'21"East, a distance of
Continues on Sheet 2
SURVEYOR'S REPORT:
1. Bearings shown hereon are based on the East line of the map of the South 1/3 of
the Ambrose Hull Grant recorded in Map Book 4, Page 199, and Map Book 5,Poge
54, Public Records of Volusia County, Florida, being North 20'42'18" West, assumed.
2. 1 hereby certify that the "Sketch of Description" of the above described property is
true and correct to the best of my knowledge and belief as recently drawn under my
direction and that it meets the Standards of Practice for Land Surveying Chapter
5J-17 requirements. NOT VALID WITHOUT SHEETS 1-3
Date: Cedifk tion Number L 2108 60526019
Sketch of Description o1/1z/zola KR
FOR Job Number Scaie:
60526 1" 100'
Infrastructure Engineering, Inc
Chapter St Co requires
SOUTHEASTERN CORPORATION Atlm legald Code requires A!N NAPPING CORPORATION
that a legal tlescriplion drawing Amerlc¢a fiomer¢re
bear the rotation that Orl¢ntlo arida 9WOOTHIS IS NOT A SURVEY. 0 ) z9z-
wu: ri
REVISED : 03/29/2018 KR
SHEET 1 OF 3 L. PETERSEN
SEE SHEET 2 FOR SKETCH R REO 1AN0 fiaaveroa Number 4791
DESCRIPTION PARCEL 802 CONTINUED FROM SHEET 1:
390.81 feet; thence departing said railroad right of way line South 19'29'43"East, a
distance of 194.33 feet to a point on the North monumented right of way line of West
Park Avenue; thence along said North right of way line the following two (2) courses and
distances: South 67'12'42"West, a distance of 114.89 feet; thence South -77'29'36"West, c
distance of 269.70 feet; thence departing said North right of way line North 22'32'39"
West a distance of 150.50 feet to the POINT OF BEGINNING.
Containing 1.59 acres, more or less.
06
SOUTHEASTERN SURVEYING
AND YAPPING CORPORATION
REVISED 03!29/2018 6500 All American Boulevard
Drawing No. 60 26 19 Orlando. Plarida 32810—<350
Job No. 60526 (4 ) 292-8580
Dote: 01/12/2018 THIS IS NOT A SURVEY. Ceruficauon Number LD2108
SHEET
See 1 fe—matt tntofaoutheasternavrveyin6
or Dexnreea NOT VALID WITHOUT SHEETS 1 THROUGH J cam
SKETCH OF DESCRIPTION
Ds
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O4P1 Ftc�'EL op�pB��O K ��y3, '
POINT IOF
N
BEGINNING RGEL Df PPR�,33�ftD5 E 645 STATION
SSMC NAIL ANO7
\\\PSP A4�� ftE0 PPO ®p 13 DISK LB 2108
N6T53 ZN \ ` "2�FFICIAL�RECOR S 200KGE EASEMENT
50UT�E�9` 4592,,E�
0. �Nt.A \ \\ 1763, PAGE 1645 �1R842 "N T04U- 56
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57729 3 PARK AMENTP�" w,A
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OUNDOR PftODOCNDED
1
CENTERLINE OF t2.50' CONSTRUCTION OFACIAL RECORDS BOOK EASEMENT63, �c
PAGE 1645
MAP OF THE SOUTH THIRD OF
THE ABROSE HULL GRANT, MAP POINT OF COMMENCEMENT
BOOK 5, PAGE 54 SOUTHEAST CORNER OF THE MAP OF
I THE SOUTH THIRD OF THE AMBROSE
HULL GRANT, MAP BOOK 4, PAGE 199
I AND MAP BOOK 5, PAGE 54, PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA
1/2" IRON PIPE NO 10.
1" = 100, SOUTHEASTERN SURVEYING
GRAPHIC SCALE AND MAPPING CORPORATION
REVISED 03/29/2018 6500 All American HoulemM
Drawing No. 80526019 0 50, 100 200' Orlando, Florida 32810-43M
J92-8560
ob No.
Certf ic.Uon 2Number LR2108
SHEET 3 OF J THIS IS NOT A SURVEY.
See Sheet 1 for DesertoUon NOT VALID WITHOUT SHEETS 1 THROUGH 3 e-mail:intoiaoutbeasternaurveyinQ.com
6/22/2018 3:02:06 PH
Doc stamps $0.70
(Transfer Amt $10.00)
Instruoentl 2018127749 5 pages
Book: 7562 Page: 3969
Electronically Recorded By
EXHIBIT B Volusia County Clerk of the Court
This Instrument Prepared By:
Thomas R.Brown,IH,Esq.
County of Volusia
123 W.Indiana Avenue
Deland, Florida 32720
386-7365950
SPACE ABOVE THIS LINE FOR RECORDING DATA
MAINTENANCE AND DRAINAGE EASEMENT
THIS INDENTURE, executed the 5th day of Feb. , 2018, by THE CITY OF
EDGEWATER, a municipal corporation, hereinafter referred to as Grantor, to COUNTY OF
VOLUSIA,a political subdivision of the State of Florida hereinafter referred to as Grantee.
(Whenever used herein, the terms "Grantors" and "Grantees" shall include singular and
plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of
corporations,wherever the context so admits or requires.)
WITNESSETH:
That the Grantor,for and in consideration ofthe sum of Ten and 00/100 Dollars($10.00),and
other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt
whereof is hereby acknowledged,do hereby grant and convey to Grantee,its successors and assigns
forever, an easement along, under and across the following property lying and being in Volusia
County,Florida, to wit
SEE EXHIBIT A
Grantors, as the property owners, hereby convey to Grantee a perpetual non-exclusive
easement for any necessary maintenance and drainage of a storm water pond located on Grantor's
property along West Park Avenue,together with the right to enter upon said lands to maintain or
drain such storm water pond. Maintenance of the canal shall be conducted by Grantor in accordance
with the terms and conditions of the agreement between Grantor and Grantee dated
.tune 5 ,2018,and recorded in Official Records Book 75 ,Page 6Y6-1 of
thePublic Records of Volusia County,Florida. Grantee shall have the right but not the obligation to
maintain and conduct emergency drainage of said storm water pond.Grantor further warrants it shall
in no way interfere,adversely affect, change,or cause diminishment of the permitted storm water
land including storm water capacity of this section of land over which the Grantee retains this
easement,which is commonly referred to as the storm water pond, by any improvements Grantor
adds to the land without prior approval from the Grantee.
Page 1 of 2
3
IN WITNESS WHEREOF,the Grantor bas caused these presents to be executed in its name
by the City Commission acting by the Mayor of said Commission,and its seal affixed on the day and
year first above written.
CIITTYY/Y OFF E�D�GE/W/ATER,FL RIDA
/ /1A
MICHAEL IGNASIAI , AYOR
ATTEST: (SEAL)
1XL'
14
u .. . a
TRACEBARLOW,CITY MANAGER ,:h1 "' •••., JF.
wi � Q2 < '
A
JAGW,PROJECM712 W P I,Ave 3-Iv W2 CityotEdgewveAExhiM.6-smnn wary pond maim—n ,aM dninag<ras<mrn[
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Page 2 of 2
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