87-R-1Q
RESOLUTION NO. 87-R-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS OF THE CITY OF EDGE -
WATER TO EXECUTE THE AGREEMENT WITH RADNOR/
EDGEWATER, INC.; REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
at their Special Meeting of December 17, 1986, approved by
motion the Agreement between the City of Edgewater, Florida,
and Radnor/Edgewater, Inc.; and
WHEREAS, at said meeting the City Council directed the
City Attorney to prepare a Resolution to execute this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. That the appropriate City officials are hereby
authorized to execute the Agreement between the City of Edge-
water, Florida, and Radnor/Edgewater, Inc.
SECTION 2. A copy of said Agreement is attached to this
Resolution and by reference incorporated herein.
SECTION 3. That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 4. That this Resolution shall take effect immedi-
ately upon its adoption by the City Council of the City of
Edgewater, Florida, at a regular meeting of said
Council held on the 5th day of January ,198 7 ,
and approved as provided by law.
C O
This Resolution was introduced and sponsored by
Councilman Asting and was read and passed by a
vote of the City Council of the City of Edgewater, Florida,
at a regular meeting of said Council held on the
5th day of January ,198 7 and authenticated
as provided by law.
ROLL CALL VOTE AS FOLLOWS:
Authenticated this 5th
day of January ,
198 7 .
OR 4 -
Approved for legality S form:
Y
-2- Res. No. 87-R-1
EXHIBIT A
PARCEL A
1,ES5 TRIANGLE FARCE, NORTH
AND LESS COMMERCIAL PARCEL)
A PORTION OF SECTION 1, TOWNSHIP la SOUTH. RANGE 24 EAST,
VO�USIA COuNTY, FLORIDA, DESCRIBED AS FOLLOWS; FROM THE
SOuTHwE6T CORNER OF SAID SECTIOW 1, RUN NORTH 87 DEGREES 28
MIrIUTES I1 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 1. A
D1STA;4CE OF 37B.2.0 FEET TO THE POINT OF BEGINNING; THENCE
ONDS
DEPARTING SH1D EG
LINE, RUN NORTH 15 DREES 5� MINUTES pI158CFDOT
WEST kLONG THE EASTERLY RIGHT-OF-WAY LINE OF U.S. 1.
RIGHT-OF-W.,Y A DISTANCE OF 840.65 FEET TO THE F.C. OF A CURVE,
CONZWVE WESTERLY, HAVirvG A RADIUS OF 5827.6THENCE RUN FEET ANDCENTRALNORTHERLY
ANGLE OF - DEGREES 42 MINUTES 21 SECONDS;
ALONG THE ARC OF SAID CURVE A DISTANCE OF :76.92 FEET; THENCE
DEPARTING SAID RIGHT-OF-WAY LINE, RUN NORTH 00 DEGREES 21 MINUTES
02 SECONuS WEST ALONG THE WEST LINE OF SAID SECTION 1 A DISTANCE
OF 141.62 FEET TO THE SOUTHWEST CORNER OF GOVERNMENT LOT 1, SAID
SECTION 1; THENCE DEPARTING SAID LINE, RUN NORTH 67 DEGREES 26
MINUTES 42 SECONDS EAST A DISTANCE OF 1:57.27 FEET TO A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY, SAID
LINE nEING 522 FEET NORTHERLY, AS MEASURED ALONG THE BAN,. OF THE
INTkACOASTA� WATERWAY, FROM THE SOUTH LINE OF SAID GOVERNMENT LOT
1; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 42 DEGREES
1, MINUTES 25 SECONDS EAST A DISTANCE OF 2723.68 FEET; THENCE
DEPARTING SAID LINE, RUN SOUTH 87 DEGREES 28 MINUTES 11 SECONDS
WEST ALONG THE SOUTH LINE OF SAID SECTION 1 A DISTANCE OF 2471.47
FEET TO THE POINT OF_ BEGINNING, LESS THE WESTERLY 250.00 FEET, AS
MEASURED ALONG AND FERFENDIEULAR TO U.S. 1.
CONTAINING 64.12 ACRES.
F F-.RE FOR: THE RADNOR CORPORATION
SQIG'Ft 3 A6z--LAATES INC. JOB NO.: Bb-1918B
professional land surveyors DATE: JULY 8, 1966
3921 S. Nova Rd, Port Orange, FL 32019
EXHIBIT A
PARCEL b
(LESS COMMERCIAL PARCEL)
A rDRfIGN OF SECTIONS 12, TDWNSHIF' 18 SOUTH, RA,4GE .:4 LAST,
VDLWSIH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST
CORNER OF SECTION 1, TOWNSHIP 16 SOUTH, RANGE '4 EAST, RUN NORTH
67 DEGREES 2b MINUTES 11 SECONDS EAST ALONG THE SOUTH LINE OF
SAID SECTION 1 A DISTANCE OF 1=2i•. 36 FEET TO THE F'OINT Or
EsGIN14ING. THENCE CONTINUE NORTH 87 DEGREES 28 MINUTES it SECONDS
A
EAST LONG THE NORTH LINE OF SAID SECTION 12 A DISTANCE OF
1469.16 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF THE
INTRACOAS-HL WATERWAY: THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH
r2 DEGREES 1O MINUTES 25 SECONDS EAST A DISTANCE OF 766.96 FEET:
THEI*CE SOUTH 29 DEGREES 5 MINUTES 19 SECONDS EAST A DISTANCE OF
66i•.<i, FEET. THENCE DEPARTING SAID FIGHT -OF -WAY LINE, RUN SOUTH
6`/ DEGREES 04 MINUTES 29 SECONDS WEST ALONG THE NORTH LINE OF LOT
1, BELLA VISTA SUBDIVISION, UNIT 2, AS RECORDED IN MAP 5001 11,
FADE 154, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, A
DISTANCE OF 2475.99 FEET; THENCE DEPARTING SAID LINE, RUN NORTH V
DEGREES 24 MINUTES 45 SECONDS WEST ALONG THE EAST LINE OF LOT,
SOCiARETOPVILLE, AS RECORDED IN MAP SOOr- 1, FAGE 160, OF THE
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA A DISTANCE OF 0,5.27
FEET; THENCE SOUTH SO DEGREES -6 MINUTES 2= SECONDS WEST ALONG
THE SOUTH LINE OF LOT 4, SAID SOUARETOFVILLE A DISTANCE OF 470.67-
FEET; THENCE NORTH 15 DEGREES 52 MINUTES 0= SECONDS WEST ALONG
THE EASTERLY RIGHT-OF-WAY LINE OF SAID U.5. 1 A DISTANCE OF
196.62 FEET; THENCE DEPARTING SAID LINE, RUN NORTH BG DEGREES .a6
MINUTES SECONDS EAST A DISTANCE OF 524.27 FEET TO THE EAST
BOUNDARY OF SAID SC•UARETOPVILLE: THENCE ALONG SAID BOUNDARY, RUN
NORTH v DEGREES 2= MINUTES 56 SECONDS WEST A DISTANCE OF io=6.64
FEET TO THE POINT DE BEGINNING LESS THE WESTERLY 250.00 FEET, AS
MEASURED ALONG AND PERPENDICULAR TO U.S. 1.
CONTAINING 74.81 ACRES.
FREF:,RED BY: FOR: THE RADNOR CORPORATION
®SLIGER 6 ASSOCIATES, INC. JOB NO.: So-1918D
rl professional land surveyors DATE: JULY 8, 1966
3922 S. Nova Rd, Port Orange, FL 32019
EXHIBIT B
TRIANGLE PARCEL NORTH
A PORTION OF SECTION 1, TOWNSHIP 18 SOUTH, RANGE 34 EAST,
VOLUSIA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS; FROM THE
SOUTHEAST CORNER OF SAID SECTION 2, RUN NORTH 87 DEGREES 28
MINUTES 11 SECONDS EAST ALONG THE SOUTH LINE OF SECTION 1, A
DISTANCE OF 338.20 FEET; THENCE DEPARTING SAID LINE, RUN NORTH 15
DEGREES 53 MINUTES 41 SECONDS WEST ALONG THE EASTERLY RIGHT-OF-
WAY LINE OF U.S. 1, A 158 FOOT RIGHT-OF-WAY A DISTANCE OF 840.65
FEET TO THE P.C. OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF
5827.65 FEET AND A CENTRAL ANGLE OF 3 DEGREES 42 MINUTES 21
SECONDS; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 376.92 FEET; TO THE POIN QE BEGINNING; THENCE
CONTINUE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1
DEGREE 23 MINUTES 39 SECONDS A DISTANCE OF 141.81 FEET; THENCE
NORTH 20 DEGREES 59 MINUTES 41 SECONDS WEST A DISTANCE OF 1373.77
FEET; THENCE DEPARTING SAID RIGHT-OF-WAY, RUN NORTH 89 DEGREES 56
MINUTES 37 SECONDS EAST, 50 FEET SOUTH OF AND PARALLEL WITH THE
NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 2 A DISTANCE OF
532.72 FEET TO THE EAST LINE OF SAID SECTION 2; THENCE SOUTH 00
DEGREES 21 MINUTES 02 SECONDS EAST ALONG SAID EAST LINE A
DISTANCE OF 1416.12 FEET TO THE POINT QE BEGINNING.
CONTAINING 0.63 ACRES.
PREPARED BY:
SLIGER 3 ASSOCIATES, INC.
professional land surveyors
3921 S. Nova Rd, Port Orange, FL 3201'�
FOR: THE RADNER CORPORATION
JOB NO.: 86-1812
DATE: JUNE 27. 1986
EXHIBIT "A-2"
EXHIBIT B
PARCEL 6
1COMMEkC1AL PARCEL)
THE WESTERLY 250.00 FEET, AS MEASURED ALONG AND F'ERF'ENDICULAR TO
U.S. 1, A 156 FOOT RIGHT-OF-WAY, OF THE FOLLOWING DESCRIBED
FROPERTY.
.. FORTIOr+ OF SECTIONS 12, TOWNSHIF 16 SOUTH, RANGE 34 EAST,
VOLUSIA CO.,NTY, FLORIDA, DESCRIBED AS FOLLOWS; FROM THE SOUTHEAST
CORNER OF SEZTIOW 1, TOWNSHIP 18 SOUTH, RANGE 74 EAST, RUN NORTH
87 DEGREES 28 MINUTES 11 SECONDS EAST ALONG THE SOUTH LINE OF
SAID SECTION 1 A DISTANCE OF 2721.1.4E FEET TO THE FOINT 07
FEGINij11_u; THENCE CONTINUE NORTH 67 DEGREES 28 MINUTES 11 6EEONDS
EAST ALONG THE NORTH LINE OF SAID SECTION 12 A DISTANCE OF
1486i. I6 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF THE
INT"CDi.oTAL WATERWAY; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH
4: DEGREES 17 MINUTES 25 SECONDS EAST A DISTANCE OF 766.96 FEET;
THENCE SOUTH 29 DEGREES 35 MINUTES 19 SECONDS EAST A DISTANCE OF
664.4i� FEET; THENCE DEFARTING SAID RIGHT-GF-WAY LINE, RUN SOUTH
6v DEGREES 04 MINUTES 29 SECONDS WEST ALONG THE NORTH LINE OF LOT
1, BELLA VISTA SUBDIVISION, UNIT 2, AS RECORDED IN MAP BOO1 11,
FACE 164, CF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDq, A
DISTANCE OF 2476.99 FEET; THENCE D-EPARTING SAID LINE, RUN NORTH 0
DEGREES 24 MINUTES 45 SECONDS WEST ALONG THE EAST LINE OF LOT 3,
SOUARETOF-VILLE, AS RECORDED IN MAP 6001, 1, PAGE 1609 OF THE
FUBL;C RECORDS OF VOLUSIA COUNTY, FLORIDA A DISTANCE OF 1=5.27
FEET; THENCE SOUTH 60 DEGREES 36 MINUTES 23 SECONDS WEST ALONG
THE SOUTH LINE OF LOT 4, SAID SGUARETDFVILLE A DISTANCE OF 470.6_
r EET; THENCE NORTH 15 DEGREES 52 MINUTES G3 SECONDS WEST ALONG
THE EASTERLY RIGHT-OF-WAY LINE OF SAID U.S. 1 A DISTANCE OF
156.62 FEET; THENCE DEFARTING SAID LINE, RUN NORTH 80 DEGREES 36
MINUTES 2: SECONDS EAST A DISTANCE OF 524.27 FEET TO THE EAST
EOJNDARY OF SAID SDUARETOPVILLE; THENCE ALONG SAID BOUNDARY, RUN
NORTH 0 DEGREES 23 MINUTES 56 SECONDS WEST A DISTANCE OF 16:6.64
FEET TO THE FOINT OF BEGINNING.
CONTAINING 1.14 ACRES.
FREFARED BY:
®SLIGER 8 ASSOCIATES, INC.
1I professional land surveyors
3921 S. Nova Rd., Port Orange, FL 32019
FOR: THE RADNOR CORPORATION
JOB NO.: 86-1918C
DATE: JULY 8, 1986
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EXHIBIT B
PARCEL A
(COMMERCIAL PARCEL)
THE WESTERLY 250.00 FEET, AS MEASURED ALONG AND PERPENDICULAR TO
U.S. 1, A 158 FOOT FIGHT -OF -WAY, OF THE FOLLOWING DESCRIBED
PROPERTY.
A FOR-T10N OF SECTION 1, TOwNSHIF16 SOUTH, RANGE 34 EAST.
VOLUSIA COUIJTY, FLORIDA, DESCRIBED AS FOLLOWS; FROM THE
SOUTHWEST CORNER OF SAID SECTION 1, RUN NORTH 87 DEGREES 28
MINUTES 11 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 1. A
DISTANCE OF 3Z8.20 FEET TO THE POINT OF ¢EGINNING; THENCE
DEPARTING SAID LINE, RUN NORTH 15 DEGREES 53 MINUTES 41 SECONDS
WEST ALONG THE EASTERLY FIGHT -OF -MAY LINE OF U.S. 1, A 158 FOOT
FIGHT -OF -.my A DISTANCE OF 840.65 FEET TO THE P.C. OF A CURVE,
CONCAVE WESTERLY, HAVING A RADIUS OF S627.65 FEET AND A CENTRAL
ANuLE OF = DEGREES 42 MINUTES 21 SECONDS; THENCE RUN NORTHERLY
ALONG THE ARC OF SAID CURVE A DISTANCE OF 376.92 FEET; THENCE
DEPARTING SAID RIGHT-OF-WAY LINE, RUN NORTH 00 DEGREES 21 MINUTES
02 SCCONDS WEST ALONG THE WEST LINE OF SAID SECTION 1 A DISTANCE
OF 141.82 FEET TO THE SOUTHWEST CORNER OF GOVERNMENT LOT 1, SAID
SECTION 1; THENCE DEPARTING SAID LINE, RUN NORTH 67 DEGREES 26
MINUTES 4_ SECONDS EAST A DISTANCE OF 157.27 FEET TO A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY, SAID
LINE BEING 522 FEET NORTHERLY, AS MEASURED ALONG THE BANN OF THE
1NTRACOASTAu WATERWAY, FROM THE SOUTH LINE OF SAID GOVERNMENT LOT
1; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 42 DEGREES
1= MINUTES 25 SECONDS EAST A DISTANCE OF 2C23.68 FEET; THENCE
DEFARTING SAID LINE, RUN SOUTH 87 DEGREES 28 MINUTES 11 SECONDS
WEST ALONG THE SOUTH LINE OF SAID SECTION 1 A DISTANCE OF 2471.47
FEET TO THE F'OINT OF @EQINNING.
CONTAINING 7.92 ACRES.
PREFARED BY; FOR: THE RADNOR CORPORATION
JOB NO.: 86-1918A
SLIGER d ASSOCIATES. INC. DATE: JULY 8, 1966
�professional land surveyors
921 S. Nova Rd, Port Orange, FL 32019
AGREEMENT
THIS AGREEMENT, entered into by and between the parties, the City of
Edgewater, Florida (hereinafter "City"), and Radnor/Edgewater, Inc., a Florida
Corporation (hereinafter "Developer", which term shall include its successors and
assigns), executed this day of Qeeeentef', 198 for the purpose of
establishing certain agreements between the parties as to a proposed development
known as "Edgewater Club", to be located on real property that is more
particularly described by the legal description attached and incorporated hereto as
Exhibit "A" (hereinafter the "Property").
WHEREAS, the parties contemplate the annexation of the Property into the City
of Edgewater, Florida, and development of the above -described project on the
Property, pursuant to the laws of the City of Edgewater, Florida, and pursuant to
the imposition of certain City Impact Fees, specifically for Water, Sewer and Parks
and Recreation; and
WHEREAS, the Developer acknowledges that said annexation is voluntary and at
Developer's own risk, and further, that there exist no promises, inducements, or
commitments for said annexation or any zoning change; and
WHEREAS, the City is reviewing certain changes to the terms and procedures for
the determination and collection of certain Impact Fees, pursuant to that certain
Engineers Report titled, ",Major User Program for Public Utilities", dated October
1986; and
WHEREAS, the parties desire to agree to the terms and amounts of Impact Fee
payments
regarding the
above -described
project;
NOW,
THEREFORE,
based on the
foregoing and in consideration of the
obligations as set forth herein, for Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as
follows:
1. As to the
Sewer and
Water Impact
Fees,
the parties agree that the total
amount of such fees, based on Four Hundred Thirty (430) units, equals Eight
Hundred Sixty Thousand Dollars ($860,000.00), (One Thousand Dollars ($1,000.00) per
- 1 -
unit for water; One Thousand Dollars ($1,000.00) per unit for sewer), pursuant to
the laws of the City of Edgewater, Florida, and that payment of such fees will be
provided to the City in the following manner:
a) On or before January 5, 1987, the Developer agrees to pre -pay
to the City an amount equal to Ten Percent (10%) of the total Sewer
and Water Impact Fees for the project. Based on the projected
number of Four Hundred Thirty (430) units, this amount equals Eighty
Six Thousand Dollars ($88,000.00).
b) Said pre -payment shall guarantee Sewer and Water capacity
reservation for Ten Percent (10%) of the project's units (which would
equal Forty Three (43) units, based on current projections.)
c) Regarding the payment of the remaining Ninety Percent (90%)
due for Sewer and Water Impact Fees, or Seven Hundred Seventy -Four
Thousand Dollars ($774,000.00), the Developer has the option of
payment of said Impact Fees upon delivery of each building permit,
based on a per unit basis (One Thousand Dollars ($1,000.00) per unit
for water; One Thousand Dollars ($1,000.00) per unit for sewer), or
making additional pre -payments to the City on a percentage basis.
The parties expressly agree and understand that Sewer and Water capacity is
reserved only for the number of units for which the Developer has paid or pre -paid
the Sewer and Water Impact Fees. The capacity for the remaining units will be on
an as available basis unless pre -paid in advance. Example: In the event the
Developer desires to pre -pay an additional Five Percent (5%) of the Impact Fees
due, Sewer and Water capacity for an additional Five Percent (5%) of the projectes
units shall be reserved.
2. Parks and Recreation Impact Fees: The parties have determined that the total
Impact Fee imposed by the City pursuant to the Parks and Recreation Impact Fee
(Ord. 79-0-7, Ord. 83-0-20, and Ord. 84-0-37) equals the amount of Eighty Six
Thousand Dollars ($88,000.00), based upon the projected number of Four Hundred
Thirty (430) units.
Payment of said Parks and Recreation Impact Fee shall be made in the following
manner:
a) One-half U/2) of said total Parks and Recreation Impact Fee due
($43,000.00) shall be paid on or before January 5, 1987.
b) The remaining one-half (1/2) due ($43,000.00) shall be paid on or
before the start of construction of Phase iI of the above -described
project. The start of construction shall be defined as the placement
of the first manufactured home in Phase H of the project, pursuant to
the plans to be submitted to the City for the subdivision process.
3. In the event that Impact Fees exist for other than for Water, Sewer and
Parks and Recreation that may be imposed by the City upon the Developer, said
2 -
fees shall be paid on a per unit basis upon the delivery of a building permit for
each unit. Connection fees will be paid on a per unit basis upon the delivery of a
building permit for each unit.
4. The Developer presently plans to place Four Hundred Thirty (430) units on the
Property. All Impact Fee calculations are based upon this representation. It is
possible that the number of units permitted or utilized on the Property will be
greater or less than represented due to environmental and other considerations. In
the event the number of units is reduced or increased, the parties agree that the
Impact Fees provided above shall be accordingly reduced or increased on a pro-rata
basis.
5. In the event the project does not proceed, or in the event the Developer fails
to purchase the Property, all monies paid pursuant to the terms of this Agreement
shall be immediately refunded to the Developer upon written notice of said action
provided to the Mayor of the City of Edgewater, Florida, and upon such refund, !-NSS An '.
both parties shall be released from any and all obligations existing pursuant to the ' 01
terms of this Agreement. IC
IgNJ//WITNESS WHEREOF, the parties hereto attach their hands and seals this
O /N �s r
day of 1 Iq.W 7
Signed, sealed and delivered
in the presence of:
CITY OF EDGEWATER, FLORIDA
BY: L rJ
MAYOR EAliL B UGH
ATTEST:
C'
CITY CLERK
RADNOR/EDGEWATER, INC.
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