Resolution No. 25-19RESOLUTION NO. 25-19
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING A TEMPORARY CONSTRUCTION EASEMENT FROM THE
SCHOOL BOARD OF DUVAL COUNTY FOR TEMPORARY NON-EXCLUSIVE
EASEMENT FOR CONSTRUCTION AND RELATED PURPOSES AT ANCHOR
ACADEMY, SUBJECT TO THE TERMS IN THE EASEMENT AGREEMENT;
AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is extending a watermain along Wonderwood Drive and crossing Anchor
Academy property to the property line of Naval Station Mayport; and
WHEREAS, as part of these improvements, temporary authorization for access to Anchor
Academy property during construction is required; and
WHEREAS, the City requested and the School Board of Duval County has agreed to grant to the
City a temporary non-exclusive easement for the 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 the School Board of Duval County as set forth in Exhibit A, attached hereto
and made a part hereof
SECTION 2. The Mayor is hereby authorized to execute the attached temporary construction
easement, Exhibit A, and such other documents as may be necessary to effectuate the purpose of this
Resolution.
SECTION 3. This Resolution shall be effective immediately upon adoption.
ADOPTED at a regular meeting of the City Commission of the City of Atlantic Beach, Florida,
10'h day of March 2025.
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jaso G b ' ' y Attorney
Curtis Ford, Mayor
Prepared by and return to:
Stephen Swann
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE #: 168330-0010
TEMPORARY CONSTRUCTION
EASEMENT AGREEMENT
Exhibit A
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this
"Easement Agreement") is made this day of , 2024, by and between
the SCHOOL BOARD OF DUVAL COUNTY, FLORIDA (the "Grantor"), whose
address is 1701 Prudential Drive, Jacksonville, Florida 32207, and the CITY OF
ATLANTIC BEACH, a body politic and corporate (the "Grantee"), whose business
address is 800 Seminole Road, Atlantic Beach, Florida 32233.
WITNESSETH: The District, for and in consideration of consideration of the
sum of Ten and 00/100 dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties intending to be
mutually bound do hereby agree as follows:
1. Grant of Easement. Grantor hereby gives, grants, bargains and releases
unto Grantee, a temporary easement (this "Temporary Easement") for the purpose
of providing additional work space with the construction of improvements associated
with a public utilities project to be undertaken by Grantee (the "Project"), said
Temporary Easement being located in, upon, over and through the following
described land in Duval County, Florida, described as follows (the "Easement
Area"):
See Exhibit A, attached hereto and incorporated herein by this reference.
For the duration of this Easement Agreement, Grantee shall have the right of
reasonable ingress and egress over Grantor's property to access the Easement Area.
Grantee shall also have the right to add stabilizing materials to portions of Grantor's
property utilized by Grantee for ingress and egress to the Easement Area; provided,
however, that upon completion of the Project, Grantee shall remove all such
stabilizing materials from Grantor's property and restore those portions of Grantor's
property to substantially the same condition as it existed prior to the Project. Grantee
shall complete the Project on or before eighteen (18) months after execution of this
Easement Agreement. Prior to commencement of any work on the Project, Grantee
NOTE TO CLERK The property interest conveyed by this instrument is being transferred between two
governmental entities. Accordingly, pursuant to Rule 12B-4. 01400), FA C, no documentary stamp tax
is due and payable in connection with this instrument
shall obtain all necessary permits and approvals from jurisdictions with authority in
accordance with all applicable laws, codes, rules and regulations. Nothing in this
Easement Agreement shall be construed as a permit for the Project.
2. Term of Easement. This Easement Agreement shall automatically expire
and terminate upon the earlier of: substantial completion of the Project or that date
that is eighteen (18) months after the date this Easement Agreement is executed;
provided however that upon the written request of the Grantor, Grantee shall execute
and deliver for recordation a termination of easement in respect hereof.
3. Indemnification. Grantee shall indemnify, defend and hold harmless
Grantor and its respective members, officers, employees, agents and representatives
(the "Indemnified Parties") from any and all losses, costs, liens, claims, causes of
action, liability, damages and expenses (including, without limitation, court costs and
reasonable attorneys' fees) arising from any personal injury or property damage
incurred in connection with, or arising in any way from, the use of the Easement Area
by Grantee, Grantee's representatives, contractors, or subcontractors unless such loss
is caused or alleged to be caused solely by the negligence or fault of the Grantor. This
indemnity does not alter, amend or expend the parameters of Section 768.28, Florida
Statutes. If Grantee contracts with contractors or subcontractors in any way related to
the Easement, Grantee shall require said contractors and subcontractors to comply
with the indemnity requirements attached hereto as Exhibit B.
4. Insurance. During the term of this Agreement, Grantee shall maintain its
status as a Florida self-insured entity. Upon request, Grantee will provide Grantor
with a letter of self-insurance confirming coverage for general and automotive
liability and Florida workers' compensation. If Grantee contracts with contractors or
subcontractors in any way related to the Easement, Grantee shall require said
contractors and subcontractors to comply with the insurance requirements attached
hereto as Exhibit C.
5. Successors and Assigns. The burdens of this Easement Agreement shall
run with title to the Easement Area, and all benefits and rights granted hereunder shall
be appurtenant to the interest of the parties hereto. This Easement Agreement shall be
binding upon and inure to the benefit of the parties and their respective successors
and assigns.
6. Use: Compliance with Laws. Subject to the provisions hereof, Grantee
shall have the right to use the Easement Area for the purpose stated in paragraph 1
above and for no other purpose without the prior written consent of Grantor (which
consent may be withheld in Grantor's sole discretion). Grantee shall comply with all
laws, rules and regulations, orders and decisions of all governmental authorities,
respecting the use of and operations and activities on the Easement Area, including,
but not limited to, environmental, zoning and land use regulations. Grantee shall not
make, suffer or permit any unlawful use of the Easement Area, or any part thereof.
7. Severability. The invalidity of any provision contained in this Easement
Agreement shall not affect the remaining portions of this Easement Agreement,
provided that such remaining portions remain consistent with the intent of this
Easement Agreement and do not violate Florida law, which law shall govern this
Easement Agreement.
8. Construction. The parties acknowledge that each party has reviewed and
revised this Easement Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Easement Agreement.
9. Notices. Any notice, demand, consent, authorization, request, approval or
other communication (collectively, 'Notice") that any party is required, or may
desire, to give to or make upon the other party pursuant to this Easement Agreement
shall be effective and valid only if in writing, signed by the parties giving such
Notice, and delivered personally to the other parties or sent by express 24-hour
guaranteed courier or delivery service, with confirmed receipt, or by registered or
certified mail of the United States Postal Service, postage prepaid and return receipt
requested, addressed to the other parties and sent simultaneously as follows ( or to
such other place as any party may by Notice to the other specify):
As to the District: With copy to:
The School Board of Duval County, Florida Office of General Counsel
1701 Prudential Drive 117 West Duval Street, Suite 480
Jacksonville, Florida 32207 Jacksonville, Florida 32202
Attn: Real Estate Director Attn: Real Estate Divisions
As to COAG: With copy to:
Atlantic Beach Public Utilities Department City of Atlantic Beach
902 Assisi Lane 800 Seminole Road
Jacksonville, Florida 32233 Atlantic Beach, Florida 32233
Attn: Utility Director Attn: Finance Director
Notices shall be deemed given when received or three (3) days after mailing, whichever
occurs first, except that if delivery is not accepted, Notice shall be deemed given on the
date of such non-acceptance.
10. Modification and Waiver. This Easement Agreement shall not be modified
or amended and no waiver of any provision shall be effective unless set forth in writing
and signed by both parties.
11. Jurisdiction. This Easement Agreement shall be construed and enforced in
accordance with the laws of the State of Florida. Any action or proceeding arising out of
or relating to this Easement Agreement shall be brought in Duval County, Florida, either
in the State or Federal courts. Both parties hereby waive any objections to the laying of
venue in any such courts.
[Signatures on following page.]
IN WITNESS WHEREOF, Grantor has executed this Easement Agreement as of the day
and year first above written pursuant to the authority of Ordinance 2018-871-E and
Section 122.430.1 (b), Jacksonville Ordinance Code.
Signed, sealed and delivered in GRANTOR:
Our presence as witnesses:
THE SCHOOL BOARD OF
DUVAL COUNTY, FLORIDA
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF DUVAL
Print:
Its:
The foregoing instrument was acknowledged before me by means of [-] physical
presence or L] online notarization, this day of , 20204 by
, as the of The School Board of
Duval County, Florida, who [_] is personally known to me or L] has produced
as identification.
Name:
Notary Public, State of Florida
My commission expires:
Commission no.:
(NOTARIAL SEAL)
Form Approved:
Office of General Counsel
Signed, sealed and delivered in GRANTEE:
Our presence as witnesses:
CITY OF ATLANTIC BEACH,
a body politic and corporate
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF DUVAL
Print:
Its:
The foregoing instrument was acknowledged before me by means of [-] physical
presence or U online notarization, this day of , 20204 by
, as the of The School Board of
Duval County, Florida, who L] is personally known to me or L] has produced
as identification.
Name:
Notary Public, State of Florida
My commission expires:
Commission no.:
(NOTARIAL SEAL)
EXHIBIT A
("Easement Area")
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EXHIBIT B
INDEMNIFICATION
Grantee's contractors and subcontractors (the "Indemnifying Party/Parties") shall hold
harmless, indemnify, and defend the City of Jacksonville and City's members, officers,
officials, employees and agents (collectively, the "Indemnified Parties") from and against,
without limitation, any and all claims, suits, actions, losses, damages, injuries, liabilities,
fines, penalties, costs and expenses of whatsoever kind or nature, which may be incurred
by, charged to or recovered from any of the foregoing Indemnified Parties for:
1. General Tort Liability, for any negligent act, error or omission, recklessness or
intentionally wrongful conduct on the part of the Indemnifying Parties that causes injury
(whether mental or corporeal) to persons (including death) or damage to property,
whether arising out of or incidental to the Indemnifying Parties' performance of the
Easement Agreement, operations, services or work performed hereunder; and
2. Environmental Liability, to the extent this Agreement contemplates
environmental exposures, arising from or in connection with any environmental, health
and safety liabilities, claims, citations, clean-up or damages whether arising out of or
relating to the operation or other activities performed in connection with the Agreement;
and
If an Indemnifying Party exercises its rights under this Agreement, the Indemnifying
Party will (1) provide reasonable notice to the Indemnified Parties of the applicable claim
or liability, and (2) allow Indemnified Parties, at their own expense, to participate in the
litigation of such claim or liability to protect their interests. The scope and terms of the
indemnity obligations herein described are separate and apart from, and shall not
be limited by any insurance provided pursuant to the Agreement or otherwise. Such
terms of indemnity shall survive the expiration or termination of the Agreement.
In the event that any portion of the scope or terms of this indemnity is in derogation of
Section 725.06 or 725.08 of the Florida Statutes, all other terms of this indemnity shall
remain in full force and effect. Further, any term which offends Section 725.06 or 725.08
of the Florida Statutes will be modified to comply with said statutes.
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting its liability under this Agreement, Grantee's contractors and
subcontractors shall at all times during the term of this Agreement procure prior to
commencement of work and maintain at its sole expense during the life of this
Agreement insurance of the types and limits not less than amounts stated below:
Insurance Coveraees
Schedule Limits
Worker's Compensation Florida Statutory Coverage
Employer's Liability $ 1,000,000 Each Accident
$1,000,000 Disease Policy Limit
$1,000,000 Each Employee/Disease
This insurance shall cover the Grantee's contractor or subcontractor (and, to the extent
they are not otherwise insured, its subcontractors) for those sources of liability which
would be covered by the latest edition of the standard Workers' Compensation policy, as
filed for use in the State of Florida by the National Council on Compensation Insurance
(NCCI), without any restrictive endorsements other than the Florida Employers Liability
Coverage Endorsement (NCCI Form WC 09 03), those which are required by the State of
Florida, or any restrictive NCCI endorsements which, under an NCCI filing, must be
attached to the policy (i.e., mandatory endorsements). In addition to coverage for the
Florida Workers' Compensation Act, where appropriate, coverage is to be included for
the Federal Employers' Liability Act, USL&H and Jones, and any other applicable
federal or state law.
Commercial General Liability $2,000,000
General Aggregate
$2,000,000
Products & Comp. Ops. Agg.
$1,000,000
Personal/ Advertising Injury
$1,000,000
Each Occurrence
$ 50,000
Fire Damage
$ 5,000
Medical Expenses
Such insurance shall be no more restrictive than that provided by the most recent version
of the standard Commercial General Liability Form (ISO Form CG 00 01) as filed for use
in the State of Florida.
Automobile Liability $1,000,000 Combined Single Limit
(Coverage for all automobiles, owned, hired or non -owned used in performance of the
Agreement)
Such insurance shall be no more restrictive than that provided by the most recent version
of the standard Business Auto Coverage Form (ISO Form CA000 1) as filed for use in the
State of Florida.
Professional Liability $1,000,000 per Claim and Aggregate
Any entity hired to perform professional services as a part of this Agreement shall
maintain professional liability coverage on an Occurrence Form or a Claims Made Form
with a retroactive date to at least the first date of this Agreement and with a three year
reporting option beyond the annual expiration date of the policy.
Builders Risk/ Installation Floater 100% Completed Value of the Project
The Builder's Risk/Installation Floater policy shall include the SPECIAL FORM/ALL
RISK COVERAGES. The Builder's Risk and/or Installation policy shall not be subject to
a coinsurance clause. A maximum $10,000.00 deductible for other than windstorm and
hail. For windstorm and hail coverage, the maximum deductible applicable shall be 2%
of the completed value of the project. Named insured's shall be: CONTRACTOR, the
CITY, and respective members, officials, employees and agents, the ENGINEER, and the
PROGRAM MANAGEMENT FIRM(S) (when program management services are
provided). The City of Jacksonville, its members, officials, officers, employees and
agents are to be named as a loss payee.
Pollution Liability $1,000,000 per Loss
$2,000,000 Annual Aggregate
Any entity hired to perform services as part of this Agreement for environmental or
pollution related concerns shall maintain Contractor's Pollution Liability coverage. Such
Coverage will include bodily injury, sickness, and disease, mental anguish or shock
sustained by any person, including death; property damage including physical injury to
destruction of tangible property including resulting loss of use thereof, cleanup costs, and
the loss of use of tangible property that has not been physically injured or destroyed;
defense including costs charges and expenses incurred in the investigation, adjustment or
defense of claims for such compensatory damages; coverage for losses caused by
pollution conditions that arises from the operations of the contractor including
transportation.
Pollution Legal Liability $1,000,000 per Loss
$2,000,000 Aggregate
Any entity hired to perform services as a part of this Agreement that require disposal of
any hazardous material off the job site shall maintain Pollution Legal Liability with
coverage for bodily injury and property damage for losses that arise from the facility that
is accepting the waste under this Agreement.
Additional Insurance Provisions
A. Additional Insured. All insurance except Worker's Compensation and
Professional Liability shall be endorsed to name the City of Jacksonville and
City's members, officials, officers, employees and agents as Additional Insured.
B. Waiver of Subrogation. All required insurance policies shall be endorsed to
provide for a waiver of underwriter's rights of subrogation in favor of the City of
Jacksonville and its members, officials, officers employees and agents.
C. Contractor's/Subcontractor's Insurance Primary. The insurance provided by the
Grantee's contractor or subcontractor shall apply on a primary basis to, and shall
not require contribution from, any other insurance or self-insurance maintained by
the City or any City members, officials, officers, employees and agents.
D. Carrier Qualifications. The above insurance shall be written by an insurer holding
a current certificate of authority pursuant to chapter 624, Florida State or a
company that is declared as an approved Surplus Lines carrier under Chapter 626
Florida Statutes. Such Insurance shall be written by an insurer with an A.M. Best
Rating of A- VII or better.
E. Deductible or Self -Insured Retention Provisions. All deductibles and self-insured
retentions associated with coverages required for compliance with this Agreement
shall remain the sole and exclusive responsibility of the named insured Grantee.
Under no circumstances will the City of Jacksonville and its members, officers,
directors, employees, representatives, and agents be responsible for paying any
deductible or self-insured retentions related to this Agreement.
F. Contractor's/Subcontractor's Insurance Additional Remedy. Compliance with the
insurance requirements of this Agreement shall not limit the liability of the
contractor or subcontractor, its employees or agents to the City or others. Any
remedy provided to City or City's members, officials, officers, employees or
agents shall be in addition to and not in lieu of any other remedy available under
this Agreement or otherwise.
G. Survival. Anything to the contrary notwithstanding, the liabilities of the Grantee
under this Agreement shall survive and not be terminated, reduced or otherwise
limited by any expiration or termination of insurance coverage.
10