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HomeMy WebLinkAboutResolution No. 26-61RESOLUTION NO. 26-61 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING A TEMPORARY CONSTRUCTION EASEMENT FROM THE SEASIDE OF ATLANTIC BEACH CONDOMINIUM ASSOCIATION FOR TEMPORARY NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AND RELATED PURPOSES AT THE SEASIDE CONDOMINIUMS, SUBJECT TO THE TERMS IN THE EASEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is constructing the Ahern Street Complete Streets Project between Ocean Boulevard and East Coast Drive.; and WHEREAS, as part of these improvements, temporary authorization for access to the Seaside Condominiums parking area on Ahern Street during construction is required; and WHEREAS, Seaside Condominiums has 12 parking spaces adjacent to the Ahern Street Complete Streets project that will be minorly impacted as part of these improvements; and WHEREAS, the City requested and the Seaside of Atlantic Beach Condominium Association has agreed to grant the City a temporary non-exclusive easement for purpose of extending their parking stalls just enough to maintain their current depth. 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 Seaside of Atlantic Beach Condominium Association as set forth in Attachment A, attached hereto and made a part hereof. SECTION 2. The City Manager is hereby authorized to execute the attached temporary construction easement, Attachment 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, 27th day of April 2026. Att ` Curtis ord, Mayor La ayija Nichols, Deputy City Clerk Approved as to form and correctness: _ o Jason Gabriel, City Attorney Prgpared by and Return to: Steve Swann, City Engineer City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Attachment A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Temporary Construction Easement Agreement (the "Agreement") is made and entered into day of _, 2026, (the latter of the dates signed by the parties to be the "Effective Date") by and between SEASIDE OF ATLANTIC BEACH CONDOMINIUM ASSOCIATION, INC. ("Grantor"), whose mailing address is 380 N McDonald Mount Dora, Florida 32757 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 sidewalk, drainage, and roadway improvements on Ahern Street (the "Public Improvements") and, in connection therewith, has agreed to construct certain parking improvements on a portion of the Property to preserve and extend the Grantor's existing eight (8) parking spaces that historically encroached upon the Ahern Street right-of-way (collectively, the "Improvements"). Grantee has requested a temporary construction easement over the Property to allow Grantee and its contractors, agents, employees, and invitees to perform the Improvements. C. Grantee has requested that Grantor provide a Temporary Construction Easement to Grantee over the Property for the purpose of conducting construction activities necessary to maintain Grantor's parking access adjacent to the Ahern Street right of way after the Improvements are complete. 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, and its contractors, subcontractors, agents, employees, successors, and assigns, a temporary, non-exclusive construction easement to enter upon, access, use, and occupy that portion of the Property as precisely depicted and legally described on Exhibit "A" attached hereto and made a part hereof (the "Easement Area"), solely for the purpose of constructing, installing, and completing the Improvements, including without limitation grading, paving, striping, curbing, sodding, drainage tie-ins, and all related construction activities, equipment storage, and material staging reasonably necessary to complete the Improvements. The Easement Area shall be used in a manner that minimizes interference with Grantor's ongoing use of the Property to the extent reasonably practicable. 019071,64-1 66870859 Q Attachment A 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 ninety (90) days from the commencement of construction within the Easement area. Grantee shall provide written notice to Grantor of said desired commencement date and Grantee shall use its best efforts to work with Grantor to identify a commencement date acceptable to Grantor and Grantee. In no event shall the term exceed one year from the Effective Date unless the parties agree in writing to extend the term. Furthermore, unless the parties agree in writing to extend the term, this Agreement shall be null and void and of no further force or effect if the Grantor has not started construction within the Easement area within one year from the Effective Date. 5. Warranty of Title. Grantor hereby covenants and warrants that it is lawfully seized of the Property 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; Attorneys' 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 Agreement. 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, Grantor and Grantee have cause this Agreement to be executed as of the day and year first above written. Signed, sealed and delivered in the presence of.• Print name: T -,;t Print name: M\2G M v*A i CHE - ) 01507664-1 66870859 V2 GRANTOR: SEASIDE OF ATLANTIC BEACH CONDOMINIUM ASSOCIATION, INC, a Florida Not For Profit Corporation By: -- Sharon Crow Its President Page 2 of 4 Attachment A STATE OF FLORIDA COUNTY OF DUVAL The foreg in instrume t s acknowledged before me by means of 0 physical presence or 0 online notarization, this day of -2026, Sharon Crow, as r esident,of IDE OF AT Ttr BEACH CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit cor' ration; �Nho i sown t me or a identification, who has produced s id n. FREDERm L DAXF- 1iotW Pubi4Cc stmofPINida O 113# tate of Florida 6/2g/2p27 My ComI isS�n expires: Signed, sealed and delivered 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 0 physical presence or 0 online notarization, this day of , 2026, by 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 01807664.1 66870959,2 o� N f' - R SEASIDE OF ATLANTIC BEACH CONDOMINIUM ASSOCIATION, INC.:: CULTEC CONTACTOR iopHD 170226-0101 UNDERGROUND SYSTEM; (SEE DETAILS) ; Z 1.I5 EX. 10.70 EX, + 11.09 E. X 10.88 EX - �\ 11.00 EX. " —10,17 f 10.27--` 10.28 0 N 0 3 CD 0i'