86-R-4l
C
RESOLUTION NO. 86-R-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, DIRECTING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE THE ATTACHED AGREEMENT
WITH THE EDGEWATER VOLUNTEER FIRE DEPARTMENT,
INC.; REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH, AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA:
SECTION 1. That the appropriate City officials are
hereby directed and authorized to execute the attached
agreement between the City of Edgewater and the Edgewater
Volunteer Fire Department, Inc. for the utilization of a
multi -purpose community center building to be located on
Mango Tree Drive.
SECTION 2. Said agreement is attached hereto as Exhibit
A and incorporated herein with full force and effect as if
fully set forth.
SECTION 3. This Resolution and Exhibit A are contingent
upon, and subject to, the successful completion of said
building and the issuance of a certificate of occupancy
and conveyance to the City of said building as per paragraph
4 of Exhibit A.
SECTION 4. That all resolutions or parts of resolutions
in conflict herewith be and the same are repealed.
SECTION 5. That this Resolution shall take effect
immediately upon its adoption by the City Council of the
City of Edgewater, Florida, at a meeting of
said Council held on the —day of ,198
and approved as provided by law.
4;6 -a- yi
This Resolution was introduced and sponsored by
Councilman , and was read and passed by
the City Council of the City of Edgewater, Florida, at a
meeting of said Council held on the
day of 198 and authenticated as
provided by law.
ROLL CALL VOTE AS FOLLOWS:
MAYOR
COUNCILMAN - ZONE ONE
COUNCILMAN - ZONE TWO
COUNCILMAN - ZONE THREE
COUNCILMAN - ZONE FOUR
ATTEST:
CITY CLERK
Authenticated this_
day of ,198
MAYOR
Approved for legality and form:
CITY ATTORNEY
-2- Res. No. 86-R-4
AGREEMENT
THIS AGREEMENT is made and entered into this day of
1986, by and between CITY OF EDGEWATER, a
Florida municipa corporation, hereinafter referred to as
"Edgewater", and EDGEWATER VOLUNTEER FIRE DEPARTMENT, INC.,
Florida corporation not -for -profit, hereinafter referred to as
"Fire Fighters".
W I T N E S S E T H:
WHEREAS, Edgewater owns a parcel of land which fronts on
Mango Tree Drive in the City of Edgewater and desires to have
constructed thereon a multi -purpose community center type
building; and
WHEREAS, Fire Fighters desire to construct a multi -purpose
community center type building for their own uses and purposes;
and
WHEREAS, Fire Fighters are willing to construct the building
on city land and convey title to the building to the city by Bill
of Sale, provided Fire Fighters are permitted to retain a right
of use over the building for a term of years; and
WHEREAS, Edgewater is willing to permit Fire Fighters to
construct the building on Edgewater's land, and requires Fire
Fighters to convey title to the building to Edgewater by Bill of
Sale, but is willing to allow Fire Fighters to retain a right of
use over the building for a term of years.
NOW, THEREFORE, in consideration of the foregoing premises,
the covenants and conditions described below, the parties hereto
agree as follows:
1. The foregoing recitals are true and incorporated herein
by reference.
2. Edgewater hereby confers upon Fire Fighters the right
and privilege to utilize the real property described on Exhibit
"A" for the purpose of constructing, maintaining and operating a
multi -purpose community center type building, together with
appurtenant grounds and parking areas.
3. Fire Fighters agree to construct, at their expense, a
multi -purpose community center type building, together with
attendant grounds and parking area, substantially in conformance
with the Schematic Drawings prepared by Steve Hardock, revised
November 1, 1983. The construction shall be in conformance with
the city building and zoning codes and shall be inspected by the
City of Edgewater as would any other commercial building
constructed within the city limits of Edgewater.
4. Upon issuance of a Certificate of Occupancy for the
premises, Fire Fighters shall convey to Edgewater by Bill of Sale
the building and all other improvements. Fire Fighters shall
retain a right of use for the initial term of twenty (20) years.
The term of occupancy by Fire Fighters shall be renewed
automatically for four (4) consecutive five (5) year terms
provided EDGEWATER VOLUNTEER FIRE DEPARTMENT, INC.., remains in
existence. Should the corporation dissolve, the next succeeding
renewal shall not occur.
5. During the term of Fire Fighters' retained right of
use, Fire Fighters shall establish a committee fXQm--amGAq--1+e--
�.sawles-to be responsible for operation of the building, including
but not limited to: scheduling events, establishing the charge
therefor, establishing an annual budget for maintenance an
repairs, as well as a budget for capital improvements.
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6. Edgewater shall at all times,
scheduling, retain the right to use the
Council aty-� ,�v.¢.ts..,.,yd�' Uaxr/6ca.1'
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based upon notice and
building for lLe City
7. Edgewater hereby waives the applicable sewer and water
connection charge associated with the new building. Edgewater
shall charge Fire Fighters for water and sewer usage on a metered
basis.
S. Edgewater has passed atl, permitting it to
enter into this contract with Fire Fighters, and this Agreement
shall be binding upon city, its successors and assigns.
9. Fire Fighters have, at a general membership meeting,
resolved to enter into this Agreement with Edgewater, and this
Agreement shall be binding upon Fire Fighters, its successors and
assigns. However, Fire Fighters may not assign this Agreement to
any other entity without the express written consent of
Edgewater.
10. This Agreement shall be construed in accordance with
the laws of the State of Florida, and constitutes the entire
understanding and agreement between the parties hereto. This
Agreement may not be modified, altered or amended in the absence
of a written agreement so to do.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
the day and year first above written.
Signed, sealed and delivered
in the presence of:
Witnesses: CITY OF EDGEWATER:
By:
Attest:
City Clerk
(CITY SEAL)
EDGEWATER VOLUNTEER FIRE
DEPARTMENT, INC., a Florida
corporation not -for -profit
By:
, President
Attest:
Secretary
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this
day of , by
and as Mayor and City Cler , respectively,
of t e City o Edgewater, a Florida municipal corporation, on
behalf of the City.
Notary Public
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this
day of , by
and as President and Secretary,
respectively, of Edgewater Volunteer Fire Department, Inc., a
Florida corporation not -for -profit, on behalf of the corporation.
Notary Public