1-22-24 Final Agenda
City of Atlantic Beach
Final 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
*
1.A.
Approve minutes of the Regular Commission meeting held on January 8, 2024.
1-8-24 Regular City Commission Draft Minutes
3 - 19
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A.
Accept the 90-Day Calendar (Feb. - Apr. 2024)
90 Day Calendar (Feb. - Apr. 2024)
21 - 24
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
None.
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
25 - 30
Page 1 of 30
Regular City Commission - 22 Jan 2024
THE EASEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 24-04
9. ACTION ON ORDINANCES
None.
10. MISCELLANEOUS BUSINESS
None.
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 30
Regular City Commission
January 8, 2024
MINUTES
Regular City Commission Meeting
Monday, January 8, 2024 - 6:30 PM
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:30 PM. CC Bartle
called the roll.
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2 (District 1308)
Michael Waters, Commissioner - Seat 3 (District 1307)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Also Present: William B. Killingsworth, City Manager (CM)
Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Kevin Hogencamp, Deputy City Manager (DCM)
Ladayija Nichols, Deputy City Clerk (DCC)
Amanda Askew, Planning & Community Development Dir. (PCDD)
1 APPROVAL OF MINUTES
1A. Approve minutes of the Regular Commission Meetings held on September 11, 2023,
November 13, 2023, November 27, 2023, and December 11, 2023.
Mayor Ford asked if there were any corrections or changes needed. There were no
corrections to the minutes. Mayor Ford stated the minutes stand as submitted.
2. COURTESY OF FLOOR TO VISITORS
2.A. Wreaths Across America presentation (Leslie May & Sherry Saucerman)
Mayor Ford invited Ms. May and Ms. Saucerman to speak about their organization and
present certificates of appreciation to City staff and civilian volunteers. Mayor Ford
expressed words of gratitude.
PUBLIC COMMENT
Page 1 of 17
Agenda Item #1.A.
22 Jan 2024
Page 3 of 30
Regular City Commission
January 8, 2024
Mayor Ford explained the process for public comments and opened the Courtesy of the
Floor to Visitors. CC Bartle called each speaker to the podium.
Megan and Patti Nottingham expressed concerns about speeding in their
neighborhood. Mayor Ford and CM Killingsworth ensured that speed tables would be
placed in their neighborhood.
Brinkley Harrell spoke about agenda item 3B as detailed in a handout (which is attached
hereto and made part of this Official Record as Attachment A).
1-8-24 Attachment A
3. CITY MANAGER REPORTS
3.A. Accept the 90-Day Calendar (Jan. - Mar. 2024)
CM Killingsworth reported on this item as detailed in the agenda packet. He noted that
the priority setting is being rescheduled for a date in February.
Commissioner Ring requested that the Martin Luther King Jr. ceremony happening on
January 13, 2024 be added to the calendar.
There was a CONSENSUS to approve the 90-Day Calendar as presented and amended.
3.B. Status update for the complete streets improvements on Ahern Street between
Ocean Blvd. and East Coast Drive.
PCDD Askew presented this item as detailed in the agenda packet.
Commissioner Waters inquired about the Ragtime Tavern parking lot. PCDD Askew
explained that the entrance on Ahern will be closed off and that there will be two
entrances that will reorient the parking lot to go east-west instead of north-south.
Commissioner Bole asked about nonporous surface. PCDD Askew informed that the
sidewalks are nonporous and the engineers have been asked to look at engineering the
parking spaces with grass block pavers. She explained that concrete will be added as a
part of this project and that drainage would be looked at for updates as well.
Commissioner Kelly expressed concerns about phase two of the project. PCDD Askew
expressed that the rest of Ahern is anticipated in phase two.
Commissioner Ring asked if staff has met with 42 East Coast Drive. PCDD Askew
answered yes and that a sidewalk is being provided on the north side of their property
and that a connection between their sidewalk and across East Coast Drive is being looked
at in hopes of making it safer. Commissioner Ring inquired about a four-way stop being
considered. PCDD Askew informed that the traffic engineers would review this option
to make sure they aren't going to violate anything in the greenbook. She informed that
options have been discussed and a plan would start to develop during the 60%
completion drawings portion of the project.
Page 2 of 17
Agenda Item #1.A.
22 Jan 2024
Page 4 of 30
Regular City Commission
January 8, 2024
Mayor Ford inquired about public parking located on 42 East Coast Drive and bike paths.
PCDD Askew informed that there will be public on street parking. She shared that bike
paths can be looked at by the consultants however, it does not coincide with the greater
plan.
Commissioner Waters inquired about Coop 303's offsite parking and about bike racks.
PCDD Askew informed that Coop 303 and 42 East Coast Drive have an agreement and
a variance for offsite parking. She expressed that one of the proposed changes to Chapter
24 is potentially limiting the bike racks in regard to parking reductions.
PCDD Askew reiterated a summary of what the Commission would like to see: 60%
plans, concerns about pedestrian crossings on East Coast Drive, look at the offset
intersections, storm water, pervious concrete and adding a potential option for bike lane.
3.C. Presentation on Existing Goals
PCDD Askew reported on this item as detailed in a slideshow presentation (which is
attached hereto and made part of this Official Record as Attachment B).
Commissioner Kelly encouraged supporting the work that ESC has done.
1-8-24 Attachment B
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Commissioner Bole
Announced a Beaches Town Center Agency meeting happening on January 9, 2024.
Briefly spoke about the Form 6 and expressed hopes that it does not deter citizens to run
for office.
Expressed that he has completed research on the liability issue and that he would like to
come up with a policy.
Commissioner Kelly
Informed that she has completed research regarding recreation and community support
services.
Announced that she attended the Florida League of Cities Form 6 presentation.
Commissioner Ring
Announced that Duval County Public Schools will be closed on January 9, 2024 due to
inclement weather.
Expressed gratitude for the work done to get the speed tables implemented in her
neighborhood.
Commissioner Waters
Requested that the STOP committee provide a brief presentation of their progress.
Briefly spoke about the potential use of the Almost Home property and expressed that
he would like for the veterans to have first priority. CM Killingsworth informed that the
City has made an offer and is currently in the due diligence process and expressed that
he is willing to sit down with any group to discuss the use for this site.
Mayor Ford
Page 3 of 17
Agenda Item #1.A.
22 Jan 2024
Page 5 of 30
Regular City Commission
January 8, 2024
Expressed that he is disbanding the assignment of Commissioners to committees and that
he would instead like to hear from the chairs of the committees. Commissioner Bole
requested that someone from staff watch the Pension Board meetings because it's
financial and important. CM Killingsworth asked how often the Commission would like
the chairs to meet. Commissioner Ring suggested that they meet biannually.
Commissioner Waters suggested speaking with the chair of the STOP committee to find
out what he thinks is appropriate. Mayor Ford expressed that he would like to see a
representative at each Commission meeting providing an update. Commissioner Kelly
asked about how the Commission will ensure that the two way communication amongst
the Commission and committees will continue. Mayor Ford expressed that he would like
to hear from chairs on a frequency that they deem appropriate to provide the Commission
with an update. Commissioner Ring opined that by having a voting member from a
Committee provide the Commission a report will allow for direct communication.
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
8.A. RESOLUTION NO. 24-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE INSTALLATION OF A NEW WELL 3W AT THE
WATER TREATMENT PLANT #3 AT 902 ASSISI LANE; AUTHORIZING THE
CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN
ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Ford read the title of the resolution.
CM Killingsworth reported on this item as detailed in the agenda packet.
MOTION: Approve Resolution No. 24-01.
Motion: Jessica Ring
Second: Candace Kelly
Curtis Ford For
Bruce Bole For
Michael Waters For
Candace Kelly (Seconded By) For
Page 4 of 17
Agenda Item #1.A.
22 Jan 2024
Page 6 of 30
Regular City Commission
January 8, 2024
Jessica Ring (Moved By) For
Motion passed 5 to 0.
8.B. RESOLUTION NO. 24-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXTENDING THE
TERM OF SUZANNE GREEN AS SPECIAL MAGISTRATE FOR ONE YEAR;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND
PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Ford read the title of the resolution.
CM Killingsworth reported on this item as detailed in the agenda packet.
The Commission expressed that the magistrate is doing great.
MOTION: Approve Resolution No. 24-02.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
8.C. RESOLUTION NO. 24-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF A $65,000 DEPARTMENT OF
ENVIRONMENTAL PROTECTION GRANT, A $86,950 DEPARTMENT OF
ECONOMIC OPPORTUNITY GRANT, AND $10,000 CITY FUNDS TO
ENGAGE JONES EDMUNDS TO PERFORM A REVIEW AND UPDATE OF
THE CITY’S COASTAL VULNERABILITY ASSESSMENT AND
ADAPTATION PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Ford read the title of the resolution.
CM Killingsworth reported on this item as detailed in the agenda packet.
Page 5 of 17
Agenda Item #1.A.
22 Jan 2024
Page 7 of 30
Regular City Commission
January 8, 2024
MOTION: Approve Resolution (No.) 24-03.
Motion: Jessica Ring
Second: Michael Waters
Curtis Ford For
Bruce Bole For
Michael Waters (Seconded By) For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
9. ACTION ON ORDINANCES
None.
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
CA Gabriel
Reported on Form 6 findings, what the form entails and answered questions from the
Commission.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Ring
Encouraged the public to submit topics that they would like to see the Commission
prioritize.
Commissioner Waters
Wished everyone a happy New Year.
13. ADJOURNMENT
The meeting adjourned at 7:49 p.m.
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Date Approved:_________________
Page 6 of 17
Agenda Item #1.A.
22 Jan 2024
Page 8 of 30
Attachment A to
1-8-24 Minutes
Page 7 of 17
Agenda Item #1.A.
22 Jan 2024
Page 9 of 30
Page 8 of 17
Agenda Item #1.A.
22 Jan 2024
Page 10 of 30
Existing Goals from City Plans2023 Comprehensive PlanCoastal Vulnerability, Resiliency and Adaptation PlanConnectivity PlanSustainability and Resiliency Community Action PlanAttachment B to 1-8-24 MinutesPage 9 of 17
Agenda Item #1.A.22 Jan 2024
Page 11 of 30
2023 Comprehensive PlanGoal A.1 The City shall manage growth and redevelopment in a manner, which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves and enhances coastal, environmental, natural, historic and cultural resources, 4) maintains the City’s distinct residential community character, 5) provides for reasonable public safety and security from hazardous conditions associated with coastal locations, 6) that provides public services and facilities in a timely and cost effective manner, and 7) that encourages energy efficiency and the use of renewable energy resources. Goal B.1 The City shall provide a safe, reliable and efficient roadway system with reasonable operational and maintenance characteristics. Goal C.1 The City shall provide needed public facilities and infrastructure in a manner, which protects investment in the existing facilities and promotes efficient and appropriate use by existing and future development. Attachment B to 1-8-24 MinutesPage 10 of 17
Agenda Item #1.A.22 Jan 2024
Page 12 of 30
2023 Comprehensive PlanGoal C.2 Adequate stormwater management and provision for drainage shall be provided to afford reasonable protection from flooding and to prevent degradation in the quality of receiving surface water and ground water.Goal D.1 The City shall protect, enhance and preserve beach and dune systems, as well as other coastal resources of environmental value, through proper maintenance and management practices, the avoidance of inappropriate use and development, including publicly‐financed improvements within the Coastal High Hazard Area, and shall continue an ongoing program of re‐vegetation and installation of properly designed public access‐ways in areas that are subject to erosion such as the dune system.2023 Comprehensive PlanAttachment B to 1-8-24 MinutesPage 11 of 17
Agenda Item #1.A.22 Jan 2024
Page 13 of 30
2023 Comprehensive PlanGoal D.5 The City shall ensure the development and redevelopment of property requires principles, strategies, and engineering solutions that reduce flood risks which result from high‐tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea‐level rise.Goal D.4 The City shall promote and encourage energy conservation and efficiency in an effort to reduce greenhouse gas emissions and protect the environment. Goal E.1 The City shall maintain sufficient parks, recreation facilities and open space so as to provide the citizens with a wide variety of leisure time activities in order that the City continues to be a healthy, desirable and attractive community in which to live.2023 Comprehensive PlanAttachment B to 1-8-24 MinutesPage 12 of 17
Agenda Item #1.A.22 Jan 2024
Page 14 of 30
Coastal Vulnerability, Resiliency and Adaptation PlanAttachment B to 1-8-24 MinutesPage 13 of 17
Agenda Item #1.A.22 Jan 2024
Page 15 of 30
Coastal Vulnerability, Resiliency and Adaptation PlanCoastal Vulnerability, Resiliency and Adaptation PlanAttachment B to 1-8-24 MinutesPage 14 of 17
Agenda Item #1.A.22 Jan 2024
Page 16 of 30
Connectivity PlanAttachment B to 1-8-24 MinutesPage 15 of 17
Agenda Item #1.A.22 Jan 2024
Page 17 of 30
Sustainability and Resiliency Community Action Plan (SRCAP)Attachment B to 1-8-24 MinutesPage 16 of 17
Agenda Item #1.A.22 Jan 2024
Page 18 of 30
Sustainability and Resiliency Community Action Plan (SRCAP)Sustainability and Resiliency Community Action Plan (SRCAP)Attachment B to 1-8-24 MinutesPage 17 of 17
Agenda Item #1.A.22 Jan 2024
Page 19 of 30
Page 20 of 30
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
RECOMMENDATION:Approve the 90-Day Calendar for February April 2024
ATTACHMENT:1)Mayor and Commission 90-Day Calendar (February April 2024)
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
REVIEWED BY CITY MANAGER:
Agenda Item #3.A.
22 Jan 2024
Page 21 of 30
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Agenda Item #3.A.22 Jan 2024Page 24 of 30
AGENDA ITEM:
SUBMITTED BY:
TODAY’S DATE:
MEETING DATE:
BACKGROUND :
RECOMMENDATION:
ATTACHMENTS:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
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.
Steve Swann,City Engineer
January 9,2024
January 22,2024
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 easement must be executed by
the Mayor.
The City Commission approve Resolution No.24-04
Resolution No.24-04
Attachment A -Temporary Construction Easement Agreement
REVIEWED BY CITY MANAGER:
Agenda Item #8.A.
22 Jan 2024
Page 25 of 30
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 22"“day of
January,2024.
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Jason Gabriel,City Attorney
Curtis Ford,Mayor
Attest:
Agenda Item #8.A.
22 Jan 2024
Page 26 of 30
Attachment A
Pre red b and Return to:
Steve Swan n,PE,City Engineer
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,FL32233
TEMPORARYCONSTRUCTIONEASEMENTAGREEMENT
ThisTemporary Construction Easement Agreement (the "Agreement")is made and entered into
_day of 2022,(the "Effective Date")by and between ST.JOHN THE BAPTISTPARIS
H("Grantor"),whose mailing address is 2400 Mayport Rd,JacksonvilleFL,32233 and the CITYOF ATLANTI
CBEACH("Grantee“),whose mailingaddress 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 "|mprovements").
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.Gra ntor 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 portionof 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
016353661
Agenda Item #8.A.
22 Jan 2024
Page 27 of 30
Jim’-«
Signed,sealed and delivered GRANTOR:
in the sence of:
ST.JOHN THE BAPTISTPARISH
Bv:(‘M O"“'3'"'1":
PrintedName:_'F'R*+I-6|Lavnlo
.
Its:P“-‘T-‘D’
Grantor of said commencement date.in no event shall the term exceed one year from the EffectiveDate
unless the parties agree in writing to extend the term.
5.Warrant 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‘Severabilit 'Attorne 5’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 A reement.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.
INWITNESSWHEREOF,Grantorand Grantee have caused thisAgreementto beexecuted as of the
day and year first above written.
Jam '1 Ra;-Fad La.v‘\\\A
...~—---—~—————-———-4’-_-.‘L:._____..——---""
STATEOF FLORIDA
COUNTYOF DUVAL
The foregoing instrument was acknowledged before me by means of E]ysic I presence or online
notarization,this __day of ,2022.by as
of Corey Properties,LLC,whuisbersdinaiiyignqyvnternie or who has produced
as identi?cation.
NO ARYPUBLIC,State of Florida
Commission_exoires:_
JAMIED.SMITH
MYCOMMSSION#HH290615
Page 2 of 4 EXPIRES:Septamber5.2023
01539356-2
Print name:
Agenda Item #8.A.
22 Jan 2024
Page 28 of 30
Signed,sealed and delivered GRANTE
E:in the presence of:
STATE OF FLORIDA
COUNTYOF DUVAL
The foregoing instrument was acknowledged before me by means of El physical presence or Cl online
notarization,this __day of ,2022,by as of City
of Atlantic Beach,Florida,,who is personally known to me or who has produced
as identi?cation.
NOTARYPUBLIC,State of Florida
My Commission expires:
Page 3 of 4
01639366-2
CITYOF ATLANTICBEACH,FLORID
Printed Name:
Print name:Its:
Print name:
Agenda Item #8.A.
22 Jan 2024
Page 29 of 30
§I
ix
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Agenda Item #8.A.
22 Jan 2024
Page 30 of 30