1-22-24 Draft AgendaCity of Atlantic Beach
Draft Agenda
Regular City Commission Meeting
Monday, January 22, 2024 - 6:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Page(s)
1. APPROVAL OF MINUTES
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A. Accept the 90 -Day Calendar (Feb. - Apr. 2024) 3 - 6
90 Day Calendar (Feb. - Apr. 2024)
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
6. CONSENT AGENDA
7. COMMITTEE REPORTS
8. ACTION ON RESOLUTIONS
8.A. RESOLUTION NO. 24-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND
ACCEPTING THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FROM
ST. JOHN THE BAPTIST PARISH FOR TEMPORARY NON-EXCLUSIVE EASEMENT
FOR CONSTRUCTION AND RELATED PURPOSES, SUBJECT TO THE RESPECTIVE
TERMS IN THE EASEMENT AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE
THE EASEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 24-04
9. ACTION ON ORDINANCES
10. MISCELLANEOUS BUSINESS
7-12
Page 1 of 12
Regular City Commission - 22 Jan 2024
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
13. ADJOURNMENT
This meeting will be live -streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, click on the
Meeting Videos tab on the city's home page at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk's Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic
Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting.
Page 2 of 12
Agenda Item #3.A.
22 Jan 2024
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: 90 -Day Calendar for the Mayor and Commission
SUBMITTED BY: Yvonne Calverley, Executive Assistant to the City Manager
TODAY'S DATE: January 10, 2024
MEETING DATE: January 22, 2024
BACKGROUND: The 90 -day calendar is included on the agenda for the purpose of
setting meeting dates and determining the location, time and whether to videotape special
meetings and workshops. The rolling 90 -day calendar will be revised after receiving input from
City staff and the Commission, and will be included in each agenda for consideration.
Notes:
• A Priority Setting Meeting has been scheduled for Monday, February 5 at 5:30 pm in the Chamber.
BUDGET: None
RECOMMENDATION: Approve the 90 -Day Calendar for February — April 2024
ATTACHMENT: 1) Mayor and Commission 90 -Day Calendar (February — April 2024)
REVIEWED BY CITY MANAGER:
Page 3 of 12
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MAYOR AND COMMISSION
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Agenda Item #8.A.
22 Jan 2024
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Resolution No. 24-04 approving and accepting the temporary
construction easement agreement from St. John the Baptist Parish
for temporary non-exclusive easement for construction and related
purposes, subject to the respective terms in each easement
agreement; authorizing the mayor to execute the easement
agreements.
SUBMITTED BY: Steve Swann, City Engineer
TODAY'S DATE: January 9, 2024
MEETING DATE: January 22, 2024
BACKGROUND: The City of Atlantic Beach is proposing to construct a new 16"
potable water well at Water Treatment Plant No. 3, 902 Assisi Lane,
to replace the existing wells. The new well will be constructed on
City of Atlantic Beach property. Due to site constraints, the
contractor constructing the new well requires additional offsite area
for drilling equipment and material staging.
St. John the Baptist Parish owns property adjacent to Water
Treatment Plant No. 3 and has agreed to a temporary construction
easement to allow the City's contractor to utilize a portion of their
property during construction. This casement must be executed by
the Mayor.
RECOMMENDATION: The City Commission approve Resolution No. 24-04
ATTACHMENTS: Resolution No. 24-04
Attachment A - Temporary Construction Easement Agreement
REVIEWED BY CITY MANAGER:
Page 7 of 12
Agenda Item #8.A.
22 Jan 2024
RESOLUTION NO. 24-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND
ACCEPTING THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
FROM ST. JOHN THE BAPTIST PARISH FOR TEMPORARY NON-EXCLUSIVE
EASEMENT FOR CONSTRUCTION AND RELATED PURPOSES, SUBJECT TO THE
RESPECTIVE TERMS IN THE EASEMENT AGREEMENT; AUTHORIZING THE
MAYOR TO EXECUTE THE EASEMENT AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City will be constructing a new potable water well at Water Treatment Plant No. 3; and
WHEREAS, as part of this project, additional offsite area for staging construction equipment and
materials is needed on adjacent property owned by St. John the Baptist Parish; and
WHEREAS, the City requested and St. John the Baptist Parish has agreed to grant to the City a temporary
non-exclusive easement for staging of construction equipment and construction activities and related purposes,
subject to the terms therein.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows:
SECTION 1. The City Commission hereby approves and accepts the Temporary Construction Easement
Agreement with St. John the Baptist Parish as set forth in Attachment A, attached hereto and made a part hereof..
SECTION 2. The City Commission hereby authorizes the City Manager to execute contracts and purchase
orders in accordance with and as necessary to effectuate the provisions of this resolution.
SECTION 3. The Mayor is hereby authorized to execute the attached St. John the Baptist Parish easement,
Exhibit A, and such other documents as may be necessary to effectuate the purpose of this Resolution.
SECTION 3. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 22nd day of
January, 2024.
Curtis Ford, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason Gabriel, City Attorney
Page 8 of 12
Attachment A
prepared bw, and Return to:
Steve Swann, PE, City Engineer
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement (the "Agreement") is made and entered into
day of 2022, (the "Effective Date") by and between ST. JOHN THE BAPTIST PARISH
("Grantor"), whose mailing address is 2400 Mayport Rd, Jacksonville FL, 32233 and the CITY OF ATLANTIC
BEACH ("Grantee"), whose mailing address is 800 Seminole Road, Atlantic Beach, Florida 32233, with
reference to the following recitals of fact:
A. Grantor is the owner of that certain property described in the attached Exhibit "A"
(hereafter "Property").
B. Grantee is undertaking the construction of a new potable water supply well at the
adjacent Water Treatment Plant No. 3 (the "Improvements").
C. Grantee has requested that Grantor provide a Temporary Construction Easement to
Grantee over the Property for the purpose of conducting staging of construction equipment and
construction activities necessary for the construction of the potable water well,
D. Grantor and Grantee are entering into this Agreement to temporarily permit construction
activities by Grantee within the Property and to establish the terms and conditions thereof.
NOW, THEREFORE, for and in consideration of the terms and conditions set forth in this
Agreement, Grantor and Grantee agree as follows:
1. Recitals. The Recitals set forth above are true and correct and shall form a part of this
Agreement.
2. Grant of Easement. Grantor hereby grants and conveys unto Grantee a temporary
construction easement to enter upon that portion of Grantor's Property as shown on Exhibit "A" attached
hereto (the "Easement"), for the purpose of conducting staging of construction equipment and
construction activities on the Property to allow for the horizontal directional boring associated with the
Improvements.
3. Costs and Condition of Easement. All costs associated with the use within the Easement
area shall be borne by Grantee. Grantee shall not damage Grantor's Property or improvements except as
may be reasonably necessary to use the Easement for its intended purpose. The Property shall be
re -sodded, and any unreasonable damage to the Property shall be repaired by Grantee at Grantee's sole
expense.
4. Term. The Temporary Construction Easement shall be for a term of one hundred and
eighty (180) days from the commencement of construction. Grantee shall provide written notice to
01639366-2
Agenda Item #8.A.
22 Jan 2024
Page 9 of 12
Grantor of said commencement date. In no event shall the term exceed one year from the Effective Date
unless the parties agree in writing to extend the term.
5. Warranty of Title. Grantor hereby covenants and warrants that it is lawfully seized of the
land where the Easement is located, that it has right and lawful authority to grant and convey the
Easement to Grantee, and that it will defend the Easement against the lawful claims of all persons
whomsoever.
6. Florida Law Severability Attornevs' Fees. This Agreement shall be construed and
enforced pursuant to Florida Law. If any provision of this Agreement is determined to be invalid or
unenforceable, such provision shall be severed from the remaining provisions of this Agreement and the
remaining provisions shall continue to be valid and enforceable. In the event of any litigation between the
parties arising out of this Agreement, the prevailing party in such litigation shall be entitled to its
attorneys' fees and costs, whether at trial or appellate levels.
7. Entire Afreement. This Agreement sets forth the entire understanding of the parties
regarding the subject matter hereof. Any prior agreements, representations, understandings, and oral
statements regarding the subject matter of this Agreement are merged herein and shall be of no further
force or effect between the parties.
IN WITNESS WHEREOF, Grantorand Gra ntee havecausedthisAgreementto beexecutedasof the
day and year first above written.
Signed, sealed and delivered
in the vgrisence of.
Print nme:
Print name:
STATE OF FLORIDA
COUNTY OF DUVAL
GRANTOR:
ST. JOHN THE BAPTIST PARISH
By:
Printed Name: T• R... .I l.AS; lo.
............
Its: Pa-540.—
notarization,
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NO;I°ARY PUBLIC, State of Florida
Commission expires:
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;s•• �. JAMIE D. SMITH
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Agenda Item #8.A.
22 Jan 2024
Page 10 of 12
Signed, sealed and delivered GRANTEE:
in the presence of:
Print name:
Print name:
STATE OF FLORIDA
COUNTY OF DUVAL
CITY OF ATLANTIC BEACH, FLORIDA
By:......
Printed Name:
Its:
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this _ day of , 2022, by mw as of City
of Atlantic Beach, Florida, , who is personally known to me or who has produced
as identification.
NOTARY PUBLIC, State of Florida
My Commission expires:
Page 3 of 4
01639366-z
Agenda Item #8.A.
22 Jan 2024
Page 11 of 12
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