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HomeMy WebLinkAbout10-12-26 Regular City Commission Amended Agenda City of Atlantic Beach Amended Agenda Regular City Commission Meeting Monday, October 12, 2026 - 6:00 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 September 28, 2026. 9-28-26 Regular City Commission Draft Minutes 5 - 32 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (October - December 2026) 90-Day Calendar (October - December 2026) 33 - 36 3.B. Monthly Building Report Monthly Building Report 37 * 3.C. Promotion of Sgt. DJ Joiner * 3.D. 2880 Mayport Road Update 3.E. Prospective update to Chapter 23 - Protection of the Trees and the Natural Environment. 3.F. Tree Conservation Fund Spending Plan. 3.G. Other Reports 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4.A. Homelessness Resources and Services Dialogue (Mayor Ford) 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS * 5.A. Dune Walkovers - Reconsideration of Certain Locations Page 1 of 107 Regular City Commission - 12 Oct 2026 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Approve Resolution No. 26-116. A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,APPROVING COMPLETE WELL SERVICES, INC. VIDEO AND PUMP REPLACEMENT AT WATER TREATMENT PLANT #2; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-116 39 - 42 7. COMMITTEE REPORTS * 7.A. Arts, Recreation, and Culture Committee (ARCC) Report ARCC Report 43 - 47 8. ACTION ON RESOLUTIONS ** 8.A. RESOLUTION NO. 26-122 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, RESCINDING RESOLUTION NO. 26-96; APPROVING STREET SWEEPING TRUCK LEASE PURCHASE UNDER RESOLUTION NUMBER 26-122; AlJTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-122 49 - 81 9. ACTION ON ORDINANCES None. 10. MISCELLANEOUS BUSINESS 10.A. Public Hearing - APP26-0004 - Appeal of the Community Development Board for variance ZVAR26-0015 at 1337 Estrela Lane. Appeal of a decision of the Community Development Board for variance ZVAR26-0015 at 1337 Estrela from Section 24-151(e)(2) to reduce the required pool enclosure setback from 5 feet to 2 feet. 10.A1. City Attorney Procedural Reminders Page 2 of 107 Regular City Commission - 12 Oct 2026 10.A2. Disclosure of Ex Parte Communications, if any 10.A3. Swearing in of all persons who will speak 10.A4. City Staff Overview APP26-0004 83 - 106 10.A5. Applicant Presentation 10.A6. Public Comments 10.A7. Closing Comments/Rebuttal 10.A8. Commission Deliberation and Action * 10.B. Consideration of Canceling the November 23, 2026, Regular Commission Meeting. Second November Meeting Consideration 107 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT * - Reflects amended items from draft to final agenda. ** - Reflects added item from final to amended agenda. 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, visit www.coab.us/live. 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 Page 3 of 107 Regular City Commission - 12 Oct 2026 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 4 of 107 Regular City Commission September 28, 2026 MINUTES Regular City Commission Meeting Monday, September 28, 2026 - 6:00 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 6:00 PM. CC Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 (At Large) Bruce Bole, Commissioner - Seat 2 (District 1308) Thomas Grant, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: Kevin Hogencamp, City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) MOVE ITEM 10A Mayor Ford announced that Item 10.A. (Federal Dune Walkovers Project) would be heard immediately following Item 3.D. to accommodate members of the public in attendance. There were no objections from the Commission. 1. APPROVAL OF MINUTES 1.A. Approve minutes of the Regular Commission Meeting held on September 14, 2026. The Commission approved the minutes as submitted. 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT The following speakers provided their comments: Susan Snead gave the Commission a handout (which is attached hereto and made part of this official record as Attachment A). Lisa Herrold Brinkley Harrell Mitch Reeves Page 1 of 28 Agenda Item #1.A. 12 Oct 2026 Page 5 of 107 Regular City Commission September 28, 2026 Steve Abrass Penny Rauckis Amy Palmer Greg Beliles Michael Mesiano Terry Cook Sarah Boren gave the Commission a handout (which is attached hereto and made part of this official record as Attachment B). Wendy Craven gave the Commission a handout (which is attached hereto and made part of this official record as Attachment C). Susan King 9-28-26 Attachment A 9-28-26 Attachment B 9-28-26 Attachment C 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (September - November 2026) There was a CONSENSUS to accept the 90-Day Calendar. 3.B. DG Market Update CM Hogencamp reported on agenda items 3.B. - 3.D. as detailed in a handout (which is attached hereto and made part of this official record as Attachment D). Susan King answered questions from the Commission. 9-28-26 Attachment D 3.C. Proposed Utility Rate Increase 3.D. Other Reports 10.A. Federal Dune Walkovers Project MOTION: Continue the project as stated (proceeding with five of the seven walkovers) with the exception of the access points at 11th and 14th Street. Motion: Thomas Grant Second: Candace Kelly Discussion ensued. Curtis Ford For Bruce Bole For Thomas Grant (Moved By) For Candace Kelly (Seconded By) For Jessica Ring For Page 2 of 28 Agenda Item #1.A. 12 Oct 2026 Page 6 of 107 Regular City Commission September 28, 2026 Motion passed 5 to 0. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole  Thanked the Commission for allowing his remote participation at the previous meeting.  Commented on the City’s form of government and recent polling regarding Amendment 3. Commissioner Kelly  Commented on the City’s vision statement and the City Manager’s budget preparation efforts.  Reported on traffic-calming requests from Belvedere Street residents and expressed support for continued attention to traffic management.  Thanked staff for addressing overgrowth at City Hall. Commissioner Ring  Reported receiving correspondence from Selva Lakes residents regarding traffic concerns and requests for sidewalks along 11th Street.  Commented on her role as a Commissioner and accountability to residents. Mayor Ford  Raised concerns regarding homelessness in Atlantic Beach and requested that an item be placed on the October 12 agenda to discuss available programs and resources, including Homeward Bound, PATH, and the co-responder program. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA 7. COMMITTEE REPORTS 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 26-118 A CITY OF ATLANTIC BEACH, FLORIDA, THE OF RESOLUTION APPROVING THE FISCAL YEAR 2026-27 TENTATIVE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION AMENDING ARTICLES 13 AGREEMENT;BARGAINING COLLECTIVE 26 OF AND THE AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AUTHORIZING IMPLEMENTATION OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. MOTION: Accept Resolution (No.) 26-118. Motion: Bruce Bole Page 3 of 28 Agenda Item #1.A. 12 Oct 2026 Page 7 of 107 Regular City Commission September 28, 2026 Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 8.B. RESOLUTION NO. 26-121 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING A ONE-YEAR AGREEMENT CONTINUING THE PROFESSIONAL SERVICES OF LANGTON ASSOCIATES, INC.; AUTHORIZING THE EXPENDITURE OF $48.381.12 ALLOCATED IN THE FISCAL YEAR 2026-27 BUDGET FOR THIS PURPOSE; ANY EXECUTETO AUTHORIZING CITY THE MANAGER CONTRACTS AND PURCHASE ORDERS AS NECESSARY TO EFFECTUATE THE PROVIDING AN ANDPROVISIONS THIS OF RESOLUTION; EFFECTIVE DATE. 9-28-26 Attachment E MOTION: Approve Resolution (No.) 26-121. Motion: Bruce Bole Second: Candace Kelly Discussion ensued. Christine Lane and Krysten Bennett spoke and provided the Commission a handout (which is attached hereto and made part of this official record as Attachment E). Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 8.C. RESOLUTION NO. 26-110, Public Hearing on Adoption of Resolution No. 26-110 for the Millage Rate A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE Page 4 of 28 Agenda Item #1.A. 12 Oct 2026 Page 8 of 107 Regular City Commission September 28, 2026 FISCAL YEAR BEGINNING OCTOBER 1, 2026, AND ENDING SEPTEMBER 30, 2027; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND PROVIDING AN EFFECTIVE DATE. CM Hogencamp gave an overview of his Budget Transmittal Letter (which is attached hereto and made part of this official record as Attachment F). The public hearing was opened. Mayor Ford stated, here at the City of Atlantic Beach the Rolled-Back Rate is 2.5815. The Millage Rate to be levied is 2.7499. The millage rate to be levied is 6.52% more than the rolled-back rate and is a percentage increase in property taxes per Sec. 200.065(2)(c), Florida Statutes. The purpose of adopting the millage rate of 2.7499 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipate and proposed cost and to continue to maintain the City’s infrastructure. The following speakers provided their comments: Brinkley Harrell Sarah Boren The public hearing was closed. 9-28-26 Attachment F MOTION: Adopt Resolution No. 26-110. Motion: Bruce Bole Second: Candace Kelly Discussion ensued. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 9. ACTION ON ORDINANCES 9.A. Public Hearing and Final Reading on adoption of Ordinance No. 20-26-184, establishing the Operating Budget for fiscal year 2026/2027. Page 5 of 28 Agenda Item #1.A. 12 Oct 2026 Page 9 of 107 Regular City Commission September 28, 2026 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2026, AND ENDING SEPTEMBER 30, 2027. The total budget for Fiscal Year 2026–27 is $57,830,833.75. The public hearing was opened, there were no speakers and the public hearing was closed. MOTION: Approve Ordinance No. 20-26-184. Motion: Bruce Bole Second: Jessica Ring Discussion ensued. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly For Jessica Ring (Seconded By) For Motion passed 5 to 0. 10. MISCELLANEOUS BUSINESS 10.B. Hiring Freeze Reconsideration (Commissioner Kelly) MOTION: Reconsider the hiring freeze implemented on September 14, 2026. Motion: Candace Kelly Second: Bruce Bole Discussion ensued. Curtis Ford Against Bruce Bole (Seconded By) For Thomas Grant Against Candace Kelly (Moved By) For Jessica Ring Against Motion failed 2 to 3. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. Page 6 of 28 Agenda Item #1.A. 12 Oct 2026 Page 10 of 107 Regular City Commission September 28, 2026 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole  Requested that the City Attorney provide a future workshop regarding the City Charter, form of government, and respective roles of the Commission and City Manager. Commissioner Grant  Commented on the Commission’s role in reviewing fiscal matters and referenced the Commission’s previous action regarding the hiring freeze. Commissioner Ring  Commented on the respective roles of the City Manager and Commission and the Commission’s responsibility to residents. Mayor Ford  Commented on the Commission’s differing perspectives and shared commitment to the City and noted that future decisions could be considered following the outcome of Amendment 3. 13. ADJOURNMENT Page 7 of 28 Agenda Item #1.A. 12 Oct 2026 Page 11 of 107 Page 8 of 28 Agenda Item #1.A. 12 Oct 2026 Page 12 of 107 Attachment A to 9/28/26 Minutes Page 9 of 28 Agenda Item #1.A. 12 Oct 2026 Page 13 of 107 Attachment A to 9/28/26 Minutes Page 10 of 28 Agenda Item #1.A. 12 Oct 2026 Page 14 of 107 1 2 DG Market Proposal: Questions & Possible Solutions Normandy Avenue Location Normandy Avenue Location - Of 15 aisles, only 2/3 of one aisle had limited fresh produce/protein/dairy September 17, 2026 at 1 :46 PM 0 ■ < • I - - - - -. ---­. -- ·-- East Palatka Location East Palatka Location Two Different Days (Dawn Scott FB Post) 9/28/2026 1 Attachment B to 9-28-26 Minutes Page 11 of 28 Agenda Item #1.A. 12 Oct 2026 Page 15 of 107 Attachment B to 9-28-26 Minutes Page 12 of 28 Agenda Item #1.A. 12 Oct 2026 Page 16 of 107 Attachment B to 9-28-26 Minutes Page 13 of 28 Agenda Item #1.A. 12 Oct 2026 Page 17 of 107 Attachment B to 9-28-26 Minutes Page 14 of 28 Agenda Item #1.A. 12 Oct 2026 Page 18 of 107 Attachment B to 9-28-26 Minutes Page 15 of 28 Agenda Item #1.A. 12 Oct 2026 Page 19 of 107 Attachment B to 9-28-26 Minutes Page 16 of 28 Agenda Item #1.A. 12 Oct 2026 Page 20 of 107 ----------Forwarded message --------- From: wendy craven <wendyweedcraven@gmail.com> Date: Mon, Sep 28, 2026 at 3:47 PM Subject: Re: landscaping request To: Hogencamp,Kevin <kHogencamp@coab.us> Cc: Richard Craven <rich@craven.net> Subject: Safety, traffic & infrastructure notes for tonight's meeting (Beach Ave/ 2nd & 3rd Street) Hi Kevin, Thank you so much for your help coordinating the recent trimming around the "Wrong Way" sign on the south side between 2nd and 3rd Street-we really appreciate you jumping on that! It definitely helped, though we still need a little more breathing room. Right now the sign is only visible from about five feet away, which doesn't leave drivers much time to react. If the crew could swing back by to open up that sightline a bit wider, that would be wonderful. Since you have the meeting tonight, I wanted to share a few safety, infrastructure, and neighborhood improvement thoughts from our stretch of the street so you have the full picture: •3rd Street Width, Vehicle Hazards & One-Way Justification: o 3rd Street is only 14 feet wide, making two-way traffic physically hazardous. Two standard passenger vehicles with mirrors require roughly 15 to 16 feet just to pass each other safely. o Because of the curb installed on 3rd, residents are forced to drive up over the curb whenever an eastbound vehicle approaches. I have personally suffered a flat tire and crushed rims from having to do this to avoid oncoming cars. o When you factor in pedestrians, leashed pets, beach wagons, and cyclists sharing the roadway, there is zero refuge space for walkers, creating an acute life-safety and municipal liability issue. o Established Precedent in Premier Coastal Towns: Converting sub­ standard 14-to-16-foot beach access roads into designated one-way Attachment C to 9-28-26 Minutes Page 17 of 28 Agenda Item #1.A. 12 Oct 2026 Page 21 of 107 Attachment C to 9-28-26 Minutes Page 18 of 28 Agenda Item #1.A. 12 Oct 2026 Page 22 of 107 Attachment C to 9-28-26 Minutes Page 19 of 28 Agenda Item #1.A. 12 Oct 2026 Page 23 of 107 Attachment C to 9-28-26 Minutes Page 20 of 28 Agenda Item #1.A. 12 Oct 2026 Page 24 of 107 CITY OF ATLANTIC BEACH OFFICE OF THE CITY MANAGER 800 Seminole Road Atlantic Beach, Florida 32233 (904) 247-5817 City Manager’s Community Update Date: September 28, 2026 To: The Atlantic Beach Community and City Commission From: Kevin Hogencamp, City Manager (khogencamp@coab.us) This report provides an update on administrative and community initiatives underway at City Hall. Our office remains focused on maintaining momentum across key programming, infrastructure, environmental, and intergovernmental projects. City Manager Community Updates and related links are available on the City’s website and official digital channels. DG Market: The developer is reviewing the proposed purchase agreement; the matter may be presented for consideration at the City Commission’s October 12 meeting. Proposed Utility Rate Increase: The City will soon consider increasing water and sewer rates 3% -- the first hike since 2020. An ordinance instituting the new rate structure is scheduled for first reading at the October 26 Commission meeting and a second reading (along with a public hearing) at the Nov. 9 Commission meeting. Beaches-Wide e-Bike Regulation: The City of Jacksonville Beach is coordinating a joint meeting of the three Beaches city councils-commissions with the North Forida Transportation Planning Organization (TPO) to present the recently completed eBike Study and discuss the TPO’s recommendation for consistent e-bike regulations across the Beaches. The meeting will be held at 6 p.m. Wednesday, Oct. 14, at Jacksonville Beach City Hall. Amendment 3 Education: Beaches Watch will host a community meeting to help voters better understand Constitutional Amendment 3 at 7 p.m. Wednesday, Oct. 7, at Beaches Museum chapel., 505 Beach Blvd. The City has published a Community Education and Public Information landing page. The City of Atlantic Beach provides this educational page to assist residents in understanding the background, proposed changes, and potential fiscal impacts of Amendment 3, which appears on the November 3, 2026, statewide general election ballot. Budget Planning Update (FY 2026-27) These planning documents for FY 2026-27 are posted at www.coab.us/budget: o FY 2026-27 Budget Strategy - Operations and Constraints (First Budget Workshop - June 29, 2026) o FY 2026-27 Budget Memo (Second Budget Workshop - July 20, 2026) Attachment D to 9-28-26 Minutes Page 21 of 28 Agenda Item #1.A. 12 Oct 2026 Page 25 of 107 2 o FY 2026-27 Proposed Budget and Fiscal Sustainability Strategy (Third Budget Workshop - Aug. 19, 2026) o FY 2026-27 Third Budget Workshop Presentation o FY 2026-27 Draft 10-Year Public Works Capital Improvement Plan o FY 2026-27 Draft 10-Year Public Utilities Capital Improvement Plan o FY 2026-27 Budget Planning Update - Aug. 24, 2026 o FY 2026-27 Draft Budget Summary (Overview) - Sept. 14, 2026 o Amendment 3 Community Education and Public Information o FY 2026-27 Draft Budget Transmittal Letter and Administrative Summary - Sept. 25, 2026 o FY 2026-27 Proposed Budget Summary - Sept. 25, 2026 o FY 2026-27 Proposed Budget Detail - Sept. 25, 2026 o FY 2026-27 Proposed Revenues and Expenses Totals - Sept. 25, 2026 Stormwater Master Plan: Staff has drafted an updated work plan incorporating Commission and Environmental Stewardship Committee feedback for consideration of approval at the Commission’s Oct. 12 meeting. The RFP for engineering services will issue upon the scope being approved by the City Commission, along with receipt of the final Hazard Mitigation Grant contract from FDEM, targeting a launch by year-end. Upcoming Dates and Events (www.coab.us/events) •Oct. 7: Beaches Watch meeting featuring an Amendment 3 education, 7 p.m., Beaches Museum Chapel, 505 Beach Blvd. •Oct. 14: Beaches eBike meeting, 6 p.m., Jacksonville Beach City Hall. •Oct. 17: Family Fun Day and Campout Under the Stars, Jack Russell Park. •Oct. 30: Atlantic Beach Police Department “Not-So-Scary Haunted House” and multi- department Trunk-or-Treat at Jack Russell Park. •Nov. 11: Veterans Day Ceremony at Beaches Veterans Memorial Park (9 a.m.), followed by the Marsh Oaks Community Center and Community Garden ribbon-cutting and reception. •Nov. 21: Atlantic Beach Music Festival, 5-10 p.m., Jack Russell Park. CITY OF ATLANTIC BEACH Mission The place to be -- through exceptional public services. 2040 Vision In Atlantic Beach, we have a strong sense of belonging and safety. Our citizens and government care deeply about community character, and we understand that unified support is required to preserve it. We are graced with the functional beauty of our beach, our marsh, and our tree canopy. Our shady streets and multi-use paths connect our welcoming neighborhoods and vibrant local businesses. Our city supports our diverse, multigenerational, socially linked community with green spaces, active lifestyles, parks, and programming. Attachment D to 9-28-26 Minutes Page 22 of 28 Agenda Item #1.A. 12 Oct 2026 Page 26 of 107 l9 A grants partnership that pays for itself Langton City of Atlantic Beach· City Commission· September 28, 2026 • Resolution No. 26-121 CONSULTING 1,122% $5.l&M Return on investment since 2018 Grants secured since 2018 October 2025 to September 2026 9 applications and 1 notice of interest submitted this year, about $2.2 million requested. Awarded Resilient Florida, Lift Station Phase I Tree Inventory and Assessment Hurricane Recovery Tree Maintenance Pending, submitted this year $1,338,721 $25,290 $25,169 NOAA Community Projects, Dune Walkovers $1,080,000 USDOT Safe Streets and Roads for All $714,234 FEMA BRIC, Sea Gardens Lift Station Generator $79,296 FDEP Coastal Partnership, 5th Street Walkover $60,000 DOJ COPS Safer Outcomes, Crisis Response $51,421 Training FEMA BRIC Notice of Interest, Marsh Oaks $82,500 Generator Pending from last year HMGP, Dora Drive Flood Mitigation Pond HMGP, Palm Avenue Lift Station Flood Protection FDEP FRDAP, Donner Park Playground HMGP, Sea Gardens Lift Station Generator $1,275,000 $382,500 $112,500 $67,500 $1.39M $3.90M Funded this year Pending now Persistence pays: Resilient Florida went from 37th to 2nd statewide Ranked 37th of 196 in 2023, just past the funding line. We strengthened it and resubmitted twice. In 2025 it ranked 2nd and won $1,338,721. What our services include Research and strategy. We track state and federal programs, match them to City projects, and guide go/no-go decisions before staff time is spent. SMARTGrants alerts. Every two weeks, to any number of City staff, with deadlines, eligibility, and award ranges. Unlimited applications. Narratives, budgets, forms, letters of support, and submission through FEMA GO, Grants.gov, and state portals. Grantor follow-up. RFls, corrections, debriefs, and reconsideration requests, like this year's SS4A debrief and the reinstated CPI award. Award acceptance. Help with grant agreements, insurance certificates, and contract timelines. Registrations. Keeping Grants.gov and federal signing roles current through staff changes. Meetings and reporting. Bi-monthly strategy meetings, the grant tracking spreadsheet, monthly written reports, and an annual report. Intergovernmental relations. Working relationships with FDEM, FDEP, FDOT, FEMA, NOAA, and USDOT staff. One flat monthly retainer. No contingency fees. Either party may end the agreement on 30 days' notice. Return on investment= (awards since 2018 minus estimated fees) divided by estimated fees. Awards from Langton's grants log and detail forms, 2018 to September 2026; fees estimated at the FY 2025-26 rate for nine years (about $423,000). Pending amounts are requests, not awards. Christine Lane, Senior Public Affairs Consultant langtonconsulting.com • 904.614.9861 Attachment E to 9-28-26 Minutes Page 23 of 28 Agenda Item #1.A. 12 Oct 2026 Page 27 of 107 Page 24 of 28 Agenda Item #1.A. 12 Oct 2026 Page 28 of 107 Attachment F to 9/28/26 Minutes Page 25 of 28 Agenda Item #1.A. 12 Oct 2026 Page 29 of 107 Attachment F to 9/28/26 Minutes Page 26 of 28 Agenda Item #1.A. 12 Oct 2026 Page 30 of 107 Attachment F to 9/28/26 Minutes Page 27 of 28 Agenda Item #1.A. 12 Oct 2026 Page 31 of 107 Attachment F to 9/28/26 Minutes Page 28 of 28 Agenda Item #1.A. 12 Oct 2026 Page 32 of 107 AGENDA ITEM:90-Day Calendar for the City Commission SUBMITTED BY:Adrianna Walsh,Executive Assistant to the City Manager CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT REVIEWED BY CITY MANAGER. RECOMMENDATION:Accept the 90-Day Calendar for October 2026-December 2026 by consensus. ATTACHMENT:City Commission 90-Day Calendar (October 2026-December 2026) TODAY’S DATE:October 1,2026 MEETING DATE:November 9,2026 BACKGROUND:The rolling 90-day calendar is routinely revised based on input from City staff and City Commission members,and is included in each agenda for consideration of approval by COI’lSCl’lSIlS. Please note that the next 2026 town hall meeting has been scheduled for: o 10 am.Saturday,Oct.17,at City Hall. BUDGET:None Agenda Item #3.A. 12 Oct 2026 Page 33 of 107 wm GE E 23 5 3 . :8 3 ea c: mu ? m 2: 8c h :5 : n g um NE D SE 2E 8 " — ?o w S O 20 3 1 En E WE E : if ea c h 5 Em c Em o m 32 : 9 2 q u bm a s ? a o o ZO—wm m z z o u ME M O Em c .2 5 0 m? m a n B B w EE O — b a c k g a m — Ax/‘QZDE/d.w49.55V4332:hrwéQmSZQFV/#427,359 ._ . w < n : / M C H / , 1 .w / « Q Z D m an : 98 : 3 8 Em o to o — S O ac e t a m q o m 95 ?m w é v Em N5 3 2 “8 : 3 2 ?o a t m m 35 :8 5 : En Né ? 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B . 12 O c t 2 0 2 6 Pa g e 3 7 o f 1 0 7 Page 38 of 107 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.26-1 16 authorizing the services of Complete Services Well Drilling,INC.for well #5 at Water Treatment Plant #2 SUBMITTED BY:Troy Stephens,Public Utilities Director TODAY’S DATE:October 2,2026 MEETING DATE:October 12,2026 BACKGROUND:As part of the Capital Improvements Projects,Public Utilities staff solicited proposals to pull,Video inspect,and service the pump at Well #5,located at Water Treatment Plant #2 on Mayport Road.This work is necessary to inspect the well for any buildup,cracking,or other potential issues and to proactively identify repairs that may be needed to maintain the well and pump system. Staff received two quotes for the work,which includes pulling the existing pump,conducting a video inspection of the well,and installing a new pump.Complete Services Well Drilling,Inc.submitted the lowest quote in the amount of $55,675. There are only two companies in the area that perform this work,and Complete Services Well Drilling, Inc.has previously performed work for the Utilities Department.Based on the competitive pricing and the contractor's prior experience with the City's utility infrastructure,staff recommends accepting the quote from Complete Services Well Drilling,Inc.in the amount of $55,675 for the work at Water Treatment Plant #2. BUDGET:Funds have been budgeted for this service in the Public Utilities Wastewater Treatment account 400-5502-533-6300 for Project PU2609. RECOMMENDATION:Adopt Resolution No.26-1 16 ATTACHMENT(S):l .Resolution No.26—116 2.Quotes PUBLIC OUTREACH:N/A BY CITY MANAGER: Agenda Item #6.A. 12 Oct 2026 Page 39 of 107 RESOLUTION NO.26-116 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, APPROVING COMPLETE WELL SERVICES,INC.VIDEO AND PUMP REPLACEMENT AT WATER TREATMENT PLANT #2;AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE WHEREAS,video inspection of well #5 at the Water Treatment Plant #2 on Mayport Road has been identi?ed in the 2026 Capital Improvements Plan;and WHEREAS,two quotes were obtained ?'om Complete Service Well Drilling,INC,and Partridge Well Drilling,Inc;and WHEREAS,the lowest quote was from Complete Service Well Drilling,INC.for $55,675 to pull the pump,video the well and replace the pump;and WHEREAS,the budget for this project is included in the Capital Improvements Projects for the Public Utilities Department under account 400-5502-533-6300 in Project No.PU2609. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves well #5 work and pump replacement at Water Treatment Plant #2. SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract with Complete Service Well Drilling,INC.and approve a Purchase Order to said vendor in the amount of $55,675. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 12th day of October,2026. Curtis Ford,Mayor Donna L.Bartle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Attest: Agenda Item #6.A. 12 Oct 2026 Page 40 of 107 RATE AMOUNTDATEACTIVIT Services City of Atlantic Beach Mayporl WTP Well 2 Pull existing Pump and install flange with port to video the well Services Video Well Services ADDRESS City of Atlantic Beach ESTIMATE#2704 DATE 07/07/2026 Complete Services Well Drilling,INC. 9785 WELLWATER ROAD JACKSONVILLE,FL 32220 US 9046938635 cecil@jaxwelldrilling.com www.ja)uNelldrilling.com 5,000.00 11,000.00 Supply replacement pump with 60ft setting depth Services Fabricate Flange For new Pump Services Installation of new production pump Accepted DateAcceptedBy $55,675.00TOTAL QTY 26,475.00 3,200.00 10,000.00 Agenda Item #6.A. 12 Oct 2026 Page 41 of 107 p nTnI-GEME"?! Total Contract $89,324.00A50%deposit of $44,662.00 will be needed to schedule Contract Contract #52413 A Date 9/3/2026 WE“—DR'LL'NG C‘s—1;;.éSEC'Valid Through 10/03/2026 City of Atlantic Beach,S'TE _2301 Mayport Rd 120°SandP'Pe'Rd-Atlantic Beach FL 32233 AtlanticBeach FL 32233 Contact Danny Remove existing turbine pump.\?deo log well.Install new FloWise 1 $89,324.00 $89,324.00 14LC 1 stage turbine pump,80'12"column pipe,discharge head,30HP motor,and 12"gate valve. laricedoes not include electrical wiring. Price does not include connecting discharge piping. If the pump is stuck in the well there would be additional charges. Recommend doing a draw down test before removing old pump. THE BALANCE FOR EACH ITEMWILLBE DUE WHEN INVOICED.Aservice charge of 1.5%per month willbe charged on past due accounts.Unless Buyer noti?es Seller in writingwithin ?fteen (15)days from date of invoice,it shall be presumed that goods and services are satisfactory and acceptable to Buyer. Buyer shall pay Seller's cost of collection including a reasonable attorney's fee at all levels of court.Owners Grant to Partridge Well Co,Inc.the right to enter upon and drive vehicles including heavy trucks,over his property to site using most ef?cient means of ingress and egress at sole discretion of Partridge Well 60., Inc.and agrees to release and save harmless Partridge Well 00.,Inc.from any and all damage to said property and all equipment,?xtures or improvements lomted upon,on or under the ground.This proposal ls subject to change unless signed,returned and order to prowed is given within30 days.The above proposal is accepted at the prices and terms speci?ed herein.It is agreed that the seller willretain title to any equipment or materials that may be furnished until ?nal payment is made as agreed.The seller shall have rights to remove same and seller will be held harmless for any damages resulting from the removal thereof.This contract voids previous contract(s)with the same contract number.It is the owner‘s responsibility to identify and mark the location of any and all private utilities including but not limited to cables,wires,pipes,gas lines,septic tanks and drain?elds etc.Owners agree to release and hold harmless Partridge Well DrillingCo.Inc.from any and all damages to said pn'vate utilities. R Stevens 9/3/2026 Signature Owner/Contractor Print Name Date PWD Representative Date SID:19066 CID 13808 4744 Collins Road -Jacksonville,FL 32244 1“ Agenda Item #6.A. 12 Oct 2026 Page 42 of 107 ._.I__-.I 'uIl-l—uu'u-d-u I-ur ._.I--l-I H "Ia—'h -.l -J._.|.--.n.- F—IIII—III- larJIr-I-rlrr'r-Iul--l"'-'I—I'I'I'I"Il"'l-I"I'"' 1|..u..-_.-n.|.r-._....-I_|||_.-.|.|.||.s1-.-I.-.ulla-I-Iu-H,u raw-r—r-Irr—‘z-rU-I-i III-rm‘n-h-i‘F-"IIHF-‘rl--‘-'-' —l—IIII-iI-I-I'I-Illu'u'win dill-.—mr—-H-H-+u-a_I .I..I--_h_a |.r .I.._|._r._‘._ll..l._rll I-Illl-ul‘llllll' I I-Illihu'. iq-IH—mW-er-W- "MEI.“mql?r-III-II-II-F-h—I—hr _H??ihm??m —?'-*Id . III-lane..9 u’l "III'I'III-r—II-l-LI 'I'n-il—r?-"li-ril l-'-" .--n —"I-'I- I-ulu-I-Il'l?‘1F.- Sincerely, Josue Cruz,ARCCChair Jordan Leslie,Recreation Manager October 12,2026 To:Atlantic Beach City Commission From:Arts,Recreation &Culture Committee (ARCC) Subject:Semi-Annual Report Dear City Commission: On behalf of the Arts,Recreation &Culture Committee (ARCC),we are pleased to submit our semi-annual report.Earlier this year,the committee adopted its priorities for the upcoming ?scal year, and those priorities are attached for your review. The committee has also completed its work on the 2026—27 ARCCGrant Program.This year,we received 16 applications totaling $72,620 in funding requests.Attached are the recommended awards, which total the budgeted $40,000.All applicants were invited to present in the Commission Chambers on August 26,2026. During the review process,the committee identi?ed opportunities for three long-standing programs— Yoga in the Park,Chair Yoga,and the Juggling Club—to transition from grant funding to continuous City support.The committee fully supports these programs and recommends ongoing oversight by Recreation staff moving forward. Thank you for your continued support of arts,recreation,and cultural programming in Atlantic Beach. Agenda Item #7.A. 12 Oct 2026 Page 43 of 107 H :_.. I“.;_ . n -H...u .-- u ... .u I |Hl __.2|_I.‘ H-I "-1. I H ‘\h . HI I 'i’u ‘n'H u ARTS,RECREATION &CULTURE COMMITTE EFICALYEAR2026-27 PRIORITIES COMMUNICATIONS&MARKETING 0 Improve signage around the city and launch a marketing campaign to better reach residents. 0 Signage.Marquee-type signage like the one at City Hall placed in various parts of our city,which can share upcoming events. 0 Sample locations: Adele Grange 0 Near Beaches Town Center (AB side) 0 Donner Park 0 Jordan Park 0 Marketing campaign can be:.4-6 month AB—resident—targeted promo campaign for the COAB Recreation socialchannels -@coabrecreation (IG) 0 /CityOfAtlanticBeachRecreation(FB) -Inclusion of social handles on all AB Recreation staff email signatures PROGRAMMING Enhance arts,recreation,and culture programming. 1.Develop a menu of offerings for Marsh Oaks Community Garden: a.cooking class using herbs and vegetables grown in garden. .basic gardening classes children’s gardening classes ‘natural methods for pest control’class “How to handle freeze”class Tai Chi in the garden Chair Yoga in the garden woeeev 2.Facilitate the installation of beach volleyball courts. a.Target 18‘“Street,as there is parking already available there b.Install usage Rules &Regulations signage )oc u me Hi title[Documv‘ant title]if Agenda Item #7.A. 12 Oct 2026 Page 44 of 107 -I -'I _ A.I .II I n ‘ _IH '1'I ‘1 I.I I r | 'I v :_ II II II .III I V.I II 1 I I 'I I I,,I l -."I E z:: .l-.-l _I I.I .V v -I I I I I I 'I I I _ I II ' V"I - .'I I H ;:I -H:I _H ;.II I I‘'I V"I H I I I II -I n L I I :I 4'I I ‘I 'II II M I ___ I ‘I n‘ _.III i.Sample rules: 1.Winning Team Stays:Usually,the winners stay on the court,but must rotate off after two consecutive wins if others are waiting. 2.Challenge System:Individuals or teams waiting to play should "challenge"by placing their name (or a ball)on a list or in a queue next to the court. 3.Time Limits:During busy hours,matches may be capped at 45—55 minutes or a single set to 21 to ensure everyone gets a turn. 0.Host grand opening tournament for locals Develop monthly social events for 21+Atlantic Beach residents a.A recurring,adults-only social designed to help residents meet organically i.Monthly or bi-monthly 1-2 hour events for meeting your local AB residents ii.Local spots in AB (parks,community centers,restaurants,etc.) b.Theme ideas: i.Local Bites Night —food tastings from local restaurants ii.Sip &Shop —pop-up vendors +cocktails iii.Sunset Social —rooftop or waterfront vibes iv.Game Night Social—light games (cornhole,trivia,card games,karaoke) v.Wellness +Wine —mini fitness/yoga or line dancing +drinks after v.Networking Lite —more structured but still casual vii.Doggy Night —forfolks and K—9friends 0.Local Focus: i.Partner with different local restaurants or bars ii.Rotate neighborhoods to spread engagement across the city d.Ideal state:We would fund any expenses needed.If not possible,then would need to keep the cost low to encourage participation ($10-$15 perticket) Upgrade/Revisit the racquetball courts. a.Options: i.tear down 1 wall and still being able to use the space.Lacrosse players can use it,handball can use it,and it is no longer a secure place for mischievous teenagers to be out of the public view ii.Install a lock box or a coded lock on the door.When one reserves a court, they receive a lock code to get in.This will also protect from people misusing the courts. ocument title[Document title] Agenda Item #7.A. 12 Oct 2026 Page 45 of 107 iii.Re-surface and Re—open with a Racquetball tournament. STRETCH GOAL 5.Facilitate the installation of a Community Pool a.A community pool could bring: i.Community connection +social programming ii.Public health +youth engagement iii.Economic +placemaking driver (events,classes,partnerships) b.Potential site considerations: i.Existing parks ii.Underutilized land iii.Walkability/accessibility iv.Parking +neighborhood impact c.Funding Brainstorm: i.City capital budget (full or partial funding) ii.Grants (state recreation,health initiatives) iii.Public-private partnerships iv.Sponsorship/naming rights v.Membership or usage fees 0!.ARCC Involvement: i.Help shape programming (events) ii.Assist with branding and launch iii.Ensure it becomes a true community hub—not just a facility [Document titie]'ti'[Document Agenda Item #7.A. 12 Oct 2026 Page 46 of 107 Georgette DumontBeachGazette Amount AmountApplicantRequestedRecommended Contact BeachesJuggling Club Brush Up Canvas Mindfulness Series Possibilities Plus Wings &Flippers $5,000 $5,000 $5,000 $5,000 $3,500 $5,000 $5,000 $4,950 City Budget $4,000 $4,000 $3,500 $3,000 $5,000 $4,000 Rhett Fa rber Crystal Rodriguez Helena Acosta Diana Vasquez Elizabeth Filippeli Beaches Fine Art Series Beaches Museum First Coast Comedy Intentional Living Series Outdoor Escape Room Revive Joy Gatherings $5,000 $3,000 $5,000 $5,000 $4,750 $3,820 $5,000 $2,600 $72,620 $4,000 $3,000 City Budget $2,500 $3,000 $2,000 $2,000 City Budget $40,000 Kathy Wallis Hannah Sohl Tony Hanneken Alex Grindeland Karin Frosio Susan Peters Eran Tobol Tracy MarkoYogainthePark Aurora Farber FACE 4 Kid KirkFarber Creative Club Chair Yoga [Dozumeni‘"title{Document Hit- a;.__| Agenda Item #7.A. 12 Oct 2026 Page 47 of 107 Page 48 of 107 .1n CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.26-122 Street Sweeping Truck Lease Purchase Rescinding Resolution No.26-96 SUBMITTED BY:Matt Krug,Deputy Director of Public Works TODAY’S DATE:October 9,2026 MEETING DATE:October 12,2026 BACKGROUND:City staff recommends rescinding Resolution No.26-96 and adopting a revised resolution that incorporates speci?c ?nancing language authorizing a lease- purchase agreement with Leasing 2,Inc.for the Elgin RegenX Street Sweeper. The City of Atlantic Beach currently outsources street sweeping services to an external contractor,Sweeping Corporation of America (SCA).Street sweeping is required to ful?ll the requirements of the City’s Municipal Separate Storm Sewer (MS4)Permit through the Florida Department of Environmental Protection (FDEP). The contract,Bid No.2122-13,was executed on October 1,2022,and is scheduledto terminate on September 30,2027.Throughout the term of the contract,Public Works staff have documentedrepeated instances of missed or incomplete sweeps,failure to provide required documentation,and billing errors.Public Works staff have met with SCA representatives on multiple occasions to discuss these de?ciencies and provide the contractor with opportunities to correct them.Despite these efforts,the contractor has failed to achieve and maintain compliance with the terms and performance requirements of the contract.As a result,staff no longer have con?dence in the contractor‘s ability to consistently meet the City's service expectations and contractualobligations. Public Works staff propose moving street sweeping services in-house and procuring a new Elgin RegenX Regenerative Air Vacuum Street Sweeper via a municipal lease-to-own program.This transition will dramatically improve roadway coverage,enhance localized quality control,and keep the City in strict compliance with state environmental mandates. KEY PROVISIONS OF THE AGREEMENT 0 Service Frequency Upgrade:Street sweeping coverage on standard City streets (approximately 55.5 centerline miles)will be upgraded from bi-monthly contract speci?cations to monthly (12 times per year)or on an as-needed basis. 0 Will satisfy Florida Department of Environmental Protection (FDEP)and National Pollutant Discharge Elimination System (N PDES)MS4 stormwater permit mandates. Res.No.26-122 Street Sweeping Truck Lease Purchase Staff Report Page 1 of 2 Agenda Item #8.A. 12 Oct 2026 Page 49 of 107 Res.No.26-122 Street Sweeping Truck Lease Purc e Staff Report Page 2 of 2 0 Contract Cancellation:The City will issue a formal cancellation notice to SCA pending Commission approval.Contracted services will continue through September 30,2026,to seamlessly bridge the gap to the new ?scal year. 0 Equipment Delivery:Environmental Products Group,under Sourcewell Contract #093 021-ELG,can provide the lease-purchased street sweeping truck with an estimated equipment delivery date by November 4,2026. 0 Leasing 2,Inc.will provide a lease-purchase agreement for the ?nancing of the Elgin RegenX Street Sweeper. 0 Maintenance &Warranty:Mechanical repairs will be handled directly by the City’s ?eet maintenance contractor,TransDev Services.The procurement includes a 5—yearparts and labor warranty on the Elgin sweeper body to mitigate internal maintenance risk. BUDGET IMPACT The City currently pays $86,713.20 annually for contracted sweeping.Transitioning to an in- house model will require entering into a 7—yearmunicipal lease-to-own agreement at an annual cost of $58,699.54 starting in FY2026-2027.This option serves as the closest immediate match to current contract spending and saves $28,013.66 annually in capital costs. The internal Public Works budget will absorb ongoing operational overhead variables,including operator labor/bene?ts,fuel,potential night-shift overtime,and certi?ed waste disposal fees. STAFF RECOMMENDATION Staff recommend that the City Cormnission rescind Resolution No.26-96 and approve Resolution No.26-122 approving the transition to in-house street sweeping operations effective at the start of FY2026-2027,authorize contract cancellation notice to Sweeping Corporation of America, and approve the 7-year lease-to-own procurement of the Elgin RegenX street sweeper PUBLIC OUTREACH o Concerns from residents about quality of street sweeping done by Sweeping Corp of America. ATTACHMENT 1.Resolution No.26-122 2.Resolution No.26-96 3.Elgin RegenX Proposal dated July 20,2026 4.Leasing 2 Atlantic Beach Lease Packet REVIEWED BY CITY MANAGER: Agenda Item #8.A. 12 Oct 2026 Page 50 of 107 m ‘n RESOLUTION N 0.26—122 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, RESCINDING RESOLUTION NO.26—96;APPROVING STREET SWEEPING TRUCK LEASE PURCHASE UNDER RESOLUTION NUMBER 26—122; AUTHORIZINGTHE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Resolution No.26-96 was approved on August 10,2026,and is being rescinded; and WHEREAS,the City of Atlantic Beach currently outsources street sweeping services to an external contractor,Sweeping Corporation of America (SCA).Street sweeping is required to ful?ll the requirements of the City’s Municipal Separate Storm Sewer (MS4)Permit through the Florida Department of Environmental Protection (FDEP);and WHEREAS,throughout the term of the contract with SCA,Public Works staff have documented repeated instances of missed or incomplete sweeps,failure to provide required documentation,and billing errors.Public Works staff have met with SCA representatives on multiple occasions to discuss these de?ciencies and provide the contractor with opportunities to correct them.Despite these efforts, the contractor has failed to achieve and maintain compliance with the terms and performance requirements of the contract.As a result,staff no longer have con?dence in the contractor‘s ability to consistently meet the City's service expectations and contractual obligations;and WHEREAS,Public Works staff propose moving street sweeping services in—house and procuring a new Elgin RegenX Regenerative Air Vacuum Street Sweeper via a municipal lease-to-own program.This transition will dramatically improve roadway coverage,enhance localized quality control, and keep the City in strict compliance with state environmental mandates;and WHEREAS,Environmental Products Group,under Sourcewell Contract #093021-ELG,can provide the lease-purchased street sweeping truck with an estimated equipment delivery date by November 4,2026 for $58,699.54 annually for seven years;and WHERAS,Leasing 2,Inc.will provide a lease-purchase agreement for the ?nancing of the Elgin RegenX Street Sweeper;and , WHEREAS,the City currently pays $86,713.20 annually for contracted sweeping.Transitioning to an in-house model will require entering into a 7-year municipal lease-to-own agreement at an annual cost of $58,699.54 starting in FY2026-2027.This option serves as the closest immediate match to current contract spending and saves $28,013.66 annually in capital costs;and WHEREAS,the internal Public Works budget will absorb ongoing operational overhead variables,including operator labor/bene?ts,?le],potential night—shiftovertime,and certi?ed waste disposal fees;and Res.No.26—122—Street Sweeping Truck Lease Purchase Page 1 of 2 Agenda Item #8.A. 12 Oct 2026 Page 51 of 107 NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves the contract with Leasing 2,Inc.to lease- purchase an Elgin RegenX Regenerative Air Vacuum Street Sweeper; SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract with Leasing 2,Inc.and approve a Purchase Order to said vendor in the amount of $58,699.54 annually for seven years; SECTION 3.The City Commission hereby rescinds Resolution No.26-96 SECTION 4.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 12thday of October 2026. Attest: Curtis Ford,Mayor Res.No.26-122—Street Sweeping Truck Lease Purchase Page 2 of 2 Donna L.Bartle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Agenda Item #8.A. 12 Oct 2026 Page 52 of 107 I J ':|I‘I -'.' I'r a I I II =I I I _-I II 'I 1 Ir \;-I:-II -II .I .III F'“'u-[II'I-r-,J'FI .IIII_I .-5 I IIIIIII I I'I at,“ n,.3.III.IIIII I-?l'llh Ill I_vIIIIuqu-I_II II 'III I II'IIIII.|I :LFII'VI-I'H" _II _I ..III I..Iw-III III -II IIuII‘IIdzLIu-[I _II I III lL-I-r'IquzIII"'‘I‘ILI'.I:III'II v—I.I39“..— EH:._..QII_I\II—-rI I'Hl I_I|II II.”II ,_IIII‘Ar-M M I _II ‘1‘".III .Il-lhl NV IIII II II .III I II‘III "m -I‘. 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I |1 I .II IIIIII I I II n .‘I II''I A " I IIIIIIIuI '''I 'I‘z -‘“‘I '-|"'"''' I I v:,-III ":I I.-I I‘m.'I RESOLUTION NO.26-96 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, APPROVING STREET SWEEPING TRUCK LEASE PURCHASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Atlantic Beach currently outsources street sweeping services to an external contractor,Sweeping Corporation of America (SCA).Street sweeping is required to ful?ll the requirements of the City’s Municipal Separate Storm Sewer (M84)Permit through the Florida Department of EnvironmentalProtection (FDEP);and WHEREAS,throughout the term of the contract with SCA,Public Works staff have documented repeated instances of missed or incomplete sweeps,failure to provide required documentation,and billing errors.Public Works staff have met with SCA representatives on multiple occasions to discuss these de?ciencies and provide the contractor with opportunitiesto correct them.Despite these efforts, the contractor has failed to achieve and maintain compliance with the terms and performance requirements of the contract.As a result,staff no longer have con?dence in the contractor's ability to consistently meet the City's service expectationsand contractualobligations;and WHEREAS,Public Works staff propose moving street sweeping services in-house and procuring a new Elgin RegenX Regenerative Air Vacuum Street Sweeper via a municipal lease—to- ownprogram.This transition will dramatically improve roadway coverage,enhance localized quality control, and keep the City in strict compliance with state environmentalmandates;and WHEREAS,Environmental Products Group,under Sourcewell Contract #093021-ELG,can provide the lease-purchased street sweeping truck with an estimated equipment delivery date by November 4,2026 for $58,699.54 annually for seven years;and WHEREAS,the City currently pays $86,713.20 annually for contracted sweeping.Transitionin gtoanin-house model will require entering into a 7-year municipal lease-to-own agreement at an annual cost of $58,699.54 starting in FY2026-2027.This option serves as the closest immediate match to current contract spending and saves $28,013.66 annually in capital costs;and WHEREAS-the internal Public Works budget will absorb ongoing operational overhea dvariables,including operator labor/bene?ts,fuel,potential night-shift overtime,and certi?ed waste disposal fees;and NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves the contract with Environmental Products Group to lease-purchasean Elgin RegenX Regenerative Air Vacuum Street Sweeper; Res.No.26-96 Street Sweeping Truck Lease Purchase Page 1 of 2 Agenda Item #8.A. 12 Oct 2026 Page 53 of 107 SECTION 2.The City Commissionhereby authorizesthe City Manager to execute the Contract with Environmental Products Group and approve a Purchase Order to said vendor in the amount of $58,699.54 annually for seven years; SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 10thday of August 2026. Jason ab ‘6 Ci ttorney Approvedas to form and correctness: Res.No.26-96 Street Sweeping Truck Lease Purchase Page 2 of 2 Curtis Ford,Mayor Donna L.Bartle,City Clerk Attest: Agenda Item #8.A. 12 Oct 2026 Page 54 of 107 QENVIRONMENTALPRODUCTSGROUP Nick Causey l 904‘537‘87QSIName@myEPG.com PROPOSAL SUM RY Prepared for:City of Atlantic Beach Sourcewell Contract #093021-ELG Member ID #67064 Subsidiary of Federal Signal Carporarion New Elgin RegenX Street Sweeper Regen-X Regenerative Air Vacuum Street Sweeper with 74 HP Auxiliary Engine &Mid-Dump Agenda Item #8.A. 12 Oct 2026 Page 55 of 107 Nick Causey |904.537.8799lName?’myEPGcom ENVIRONMENTGROUP Nick Causey Elgin Street Sweepers Environmental Products Group would like to thank you for the opportunity to present the following budget proposal on a New Elgin RegenX Street Sweeper. Environmental Products Group is the sole provider of Elgin Street Sweeping Equipment in the State of Georgia,as well as many other leading industry product lines including:Vactor Sewer Cleaners,Envirosight Pipeline Inspection Cameras,Labrie Refuse Equipment,Petersen Grapple Loaders,PB Asphalt Pothole Patchers,Madvac Sweepers and Vacuums,and a host of parts,tools and accessories for all your needs. Environmental Products Group prides itself on our local parts,service,and training capabilities.With multiple full-service locations throughout Florida,Georgia,and Memphis,Tennessee;including Vactor,Elgin,and Envirosight repair centers,extensive parts inventory,factory-trained technicians,mobile parts and service,rentals,turnkey maintenance packages,leasing options,and much more...we are ready to service your every need. EP Rents is a division of Environmental Products Group,EP Rents specializes in rental trucks when you need them.With a large inventory of Vactor Sewer Cleaners and Trailer Jetters,Elgin Sweeper,Envirosight Pipeline Inspection Cameras,Petersen Grapple Loaders.Call us for any of your rental needs. Thank you for your consideration. Territory Sales Manager Environmental Products Group,Inc. C:904.537.8799 |0:407.798.0004 W:www.myepg.com Attn:Matthew Krug City of Atlantic Beach July 20th,2026 Agenda Item #8.A. 12 Oct 2026 Page 56 of 107 OENVIRONMENT‘-'PRODUCTS GROUP Nick Causey |904V537‘87QQIName©myEPG.com Product Description Tier 4F Emissions,John Deere 4045 turbocharged Diesel Engine,8 Cubic Yard Tilting Hopper w/50-degree dump angle,Right and Left Side Brooms,Sweeper Powder Coated White with Gray Undercarriageand Includes the Standard Features listed below Standard Features Chassis Painted Standard White Sweeper Parts Manual Sweeper Operators Manual John Deere Operators Manual John Deere Parts Broom measurement ruler Machine delivery packet Elgin safety manual Auto Shutdown,Aux.Engine:low oil pressure,high coolant temp,hydraulic oil level,fuel temp,intake manifold air temp,water-in-fuel,very high soot loading. Backup Alarm,electric Brooms,hydraulic rotation Brooms,Dual Console,w/rocker switches for all sweep functions Full gauge package including tachometer,engine hour meter,oil pressure indicator and coolant temperature.Engine speed control,side broom down pressure controls and automotive style blade fuses.Standard indicators for full load,screen down,and hydraulic oil temp indicator lamps.Optional indicator lamps for hopper up,door open and/or hydraulic oil temp. Sweep resume/sweep transport/reverse pick-up Fuel Water Separator on Aux Engine Hopper rear door,hydraulically opened/closed and locked/unlocked with external manual controls Hose,hydrant fill LED Clearance Lights Lights;rear clearance and rear identification 8"convex mirror Pick-up head,hydraulically operated,14"(355 mm)outside diameter pressure hose,13"(324mm)inside diameter suction hose with quick disconnect on suctions side Water system;one (1)rocker switch with HI /LOW setting,Spray nozzles:three (3)in the suction,nozzle,three (3)at each side broom Side Broom Outer Position Stop Hydraulic Oil Cooler Agenda Item #8.A. 12 Oct 2026 Page 57 of 107 GENVIRONMENTALRODUCTSG NICKCausey |904,5373799l Name©myEPGcom Vacuum enhancer,cable-controlled in cab,5 settings Water tank,molded polyethylene,250 gallons Water pre-filter,hydrant fill hose FUNCTIONALCONTROL OF WATER SYSTEM dispenses water with the use of the sweeper function rocker switch.Water to pick up head on when water is turned on,water to side brooms on when brooms are deployed. o ANTI SIPHON 2-1/2"AIFIGAP Additional Features.Sidebroom Tilt Option Right Hand.Sidebroom Tilt Option Left Hand.Triangle Reflector Flares.25 ft.Fill Hose.Idle Down Low Water Sensor -ln-Cab Hopper Dump.Auxiliary Hydraulic Pump.Front Spray Bar.Hydraulic Temperature Shutdown with Level Gauge.Right Hand Lockable Toolbox.Left Hand Lockable Toolbox.Right Hand Inspection Door.LED Beacon Front &Rear.LED Sidebroom &Pick Up Head Lights.Hydrant Wrench.Service Manual.Automatic Lubrication System.Delivery and Training Included.Five (5)Year Parts &Labor Warranty on Elgin Sweeper Body Chassis Options.New Freightliner M2,Dual Steer Chassis,Automatic Allison Transmission.Dual High Back Bostrom Air Ride Seats with Armrests.Right Fender Mounted Mirror 0 LED Stop/TaiI/Turn.AM/FM/BIuetdoth/CDRadio 0 Power Windows/Door Locks,Dual Tilt Steering Wheels.Fire Extinguisher Agenda Item #8.A. 12 Oct 2026 Page 58 of 107 GENVIRONMENTALPRODUCTSGROUP Nick Causey |904.537.8799IName®myEPGnom Territory Sales Manager Environmental Products Group,Inc. C:904.537.8799 I O:407.798.0004 W:www.myepg.com Please don’t hesitate to call with questions,or if you need any additional information.Thank you for your interest and the opportunity to earn your business. **Quote is good for 60-days ***Estimated Delivery Date by 1 1/4/26 Annual Lease O tions Five (5)-Year Annual Lease —$78,258.39 Six (6)-Year Annual Lease —$66,845.29 Seven (7)Year Annual Lease —$58,699.54 Nick Causey Sourcewell Contract #093021-ELG Price:344 609.00 Agenda Item #8.A. 12 Oct 2026 Page 59 of 107 mammwm ht!ell-mn‘coo emtive—0 30 Ad—l—A—L—k—k-A—lA Part Number 1130001 1125645 1136105 Part Number 702472 1131223 1131222 1130055 1133498 1130042 9306848 1131236 1036150 1130043 MODEL:REGEN X Elgln RegenX LIST PRICE Tier 4F emissions,John Deere 4045 turbocharged diesel engine,8 cu.yard tilting hopper w/50 degree dump angle,right and left side brooms,sweeper powdercoated from powder coatings chart 2003/N with powder $164'680 coated gray undercarriage and includes the standard features listed below Alts—Freightliner M2 Chassis 33K GVWR 26K GVWR $3,585 Freightliner M2 Chassis 106 WB=176 26K GVWR $136,876 Standard Features Description Parts Manual Operators Manual John Deere Operators Manual John Deere Parts Broom measurement mler 16'8"Water ?ll hose Machine delivery packet Elgin safety manual Auto Shutdown,Aux.Engine:low oil pressure,high coolant temp,fueltemp, Backup Alarm,electric Brooms,hydraulic rotation Brooms,Dual Camera,rear mounted Console,w/rocker switches for all sweep functions Full gauge package including tachometer,engine hour meter,oil pressure indicator and coolant temperature.Engine speed control,side broom down pressure controls and automotive style blade fuses.Standard indicators for full load,screen down,and hydraulic oil level indicator lamps. Sweep resume/sweep transport/reverse pick-up Fuel Water Separator on Aux Engine Hopper rear door,hydraulically opened/closed and locked/unlocked w/external Hose,hydrant fill,16'8"(5080 mm)with coupling LED Clearance Lights Lights;rear clearance and rear identification Right hand 8"convex mirror Pick-Up head camera Pick-up head,hydraulically operated,14"(355 mm)outside diameter pressure hose, Water system;one (1 )rocker switch with HI /LOW setting,Spray nozzles:three (3)in the suction, Side Broom Outer Position Stop Hydraulic Oil Cooler Vacuum enhancer,cable-controlled in cab,5 settings Watertank,molded polyethylene,250 gallons Water pre-filter,hydrant fill hose FUNCTIONAL CONTROL OF WATER SYSTEM dispenses water with the use of the sweeper function rocker switch.Water to pickup head on when water is turned on,water to ANTI SIPHON 2-1/2"AIR GAP Bolt-on 2 ply rubber fan housing liner Optional Features Description LIST PRICE REGENX SERVICE MANUAL $120 IN-CAB RIGHT HANDGU'I'I'ER BROOM TILT -NO DISPLAY $935 IN-CAB LEFT HANDGUTTER BROOM TILT -NO DISPLAY $935 WIN-CAB HOPPER DUMP $1,620 HYDRAULICOIL TEMPERATURESHUTDOWN W/INDICATOR $220 RIGHT HAND INSPECTION DOOR $515 TRIANGLE REFLECTOR FLARES (3)$130 AUXILIARY HYDRAULICPUMP USE WITH IN-CAB HOPPER DUMP $1.550 HYDRANT WRENCH $155 LEFT HANDTOOLBOX $1,105 EXTENDED PRICE $164,680 $3,585 $136,876 EXTENDED PRICE $120 $935 $935 $L620 $220 $615 $130 $1,550 $155 $1,105 Agenda Item #8.A. 12 Oct 2026 Page 60 of 107 1 130044 1032484 SP100001 1 1341 12 Part Number 1130773 1132252 Part Number 1080756 1081747 1081912 1130047 1118356 SPECIAL Pa rt Numbe r EW-AIR—NA—5PL Part Number FRT—104—O10 RIGHT HANDTOOLBOX 25'WATER FILL HOSE (ILO 16'8") AUTOMATICLUBRICATION SYSTEM IDLE DOWN NO WATER LED BEACON FRONT AND REAR DUAL SIDEBROOM AND SINGLE PICKUP HEAD LED FLOOD LIGHTS Chassis Options (*Some optlonal features are standard on other Elgin offerings) Lighting Options RIGHT HANDFENDER MOUNTED MIRROR (2)BOSTROM AIR 905 CLOTH HI-BACK* DUAL ARM REST -CLOTH FRONT SPRAY BAR 2 1/2 LB.FIRE EXTINGUISHER POWER LOCKS &WINDOWS' REG ENX 5TH YEAR PARTS/LABOR FREIGHT RATES -EFFECTIVITY DATE:01/01/2022 FREIGHT-FL,LA,TX,NM,CO,WY,MT SOURCEWELL-DISCOUNT WARRANTY SU BTOTAL $945 $280 $9,985 $530 LIST PRICE $2,340 $1 ,070 LIST PRICE $925 $3,065 $965 $970 $295 $859 LIST PRICE $10 660 LIST PRICE $5.450 $6,256 $945 $280 $9,985 $530 EXTENDE D PRICE $2,340 $1,070 EXTENDE D PRICE $925 $3,065 $965 $970 $295 $859 EXTENDED PRICE $10,660 EXTENDE D PRICE $5.450 $350,865 -$6,256 TU'I'AI.$344.6ll‘) Agenda Item #8.A. 12 Oct 2026 Page 61 of 107 /\' LEASINGZ September 25,2026 Sent via email:drake coab.us Patty Drake Procurement Manager City of Atlantic Beach Re:Financin for 1 El in Re enX Street Swee er PLEASE READ:Carefully follow the instructions below,checking off each item as completed. Documentation completed improperly will have to be redone and possibly delay funding.If you have any questions,please call us at (813)258—9888x14. ALSO: /Please execute documents in ink. I As these are legal documents,we cannot accept double—sidedprintouts. I]Lease Purchase Agreement 0 Signed and dated by Lessee's authorized signatory. I]Exhibit A —Resolution of Governing Body.To be replaced with Resolution 26-96..Signed by Lessee's authorized signatory..Signed and dated by Secretary/Clerk or other authorized board member of Lessee at bottom of page. [:1 Exhibit B Opinion of Lessee’s Counsel.Printed on attorney’s letterhead and signed by attorney.Original signature required. [:I Exhibit C —Page Intentionally Blank Exhibit D —Description of Equipment.Enter the address where the equipment will be located. 0 Signed and dated by Lessee's authorized signatory. Exhibit E —Payment Schedule 0 Signed and dated by Lessee’s authorized signatory. Exhibit F —Acceptance Certificate.Please DO NOT CHECK ANY BOXES -this will be completed at closing,and you will receive a fully executed Agreement post-closing..Signed by Lessee’s authorized signatory. Exhibit G —Essential Use/Source of Funds Letter.Enter a description of how the equipment will be used and the services it will provide. o Signed and dated by Lessee’s authorized signatory. I]Exhibit H —Designation of Bank Qualification.Signed and dated by Lessee‘s authorized signatory. El Exhibit 1—Notice and Acknowledgement of Assignment.Signed and dated by Lessee’s authorized signatory. BLUE Agenda Item #8.A. 12 Oct 2026 Page 62 of 107 (J Insurance Coverage Requirement 0 Enter the name,address &phone number of your insurance agent. I-If self—insured,check Item 2 and provide information regarding the nature of your self-insurance program along with the amounts of liability and physical damage coverage listed on a certificate. Billing Information.Enter all the requested information. Escrow Agreement 0 Signed and dated by Lessee’s authorized signatory. Escrow Agreement Exhibit A —(FOR FUTURE VENDOR PAYMENT S FROM ESCRO 0 At least a week in advance of equipment delivery,contact Annette Keys. 0 We will complete Escrow Exhibit A and scan it to you for signing along with the invoice(s)being approved for payment. /POST FUNDING REQUIREMENTS El IRS Form 8038-6 0 We will email you this form for signature after the lease is funded. El Escrow Disbursements.Disbursement documents authorizing release of vendor payments upon equipment acceptance will need to be signed. Email to:Overni ht to: Donna Womack Leasing 2,Inc. 1720 W.Cass St. Phone:(813)258-9888,Ext.14 Tampa,FL 33606 Alternate contact: Austen Bauer abauer@leasin92.com Phone:(813)258-9888,Ext.16 Thank you for your business. ALL DOCUMENTATIONSHOULD BE EMAILEDFOR REVIEW PRIOR TO RETURNING PLEASE RETURN ALL DOCUMENTSBY:OCTOBER 12,2026 dwomack leasin 2.com akeys@leasingz.com Agenda Item #8.A. 12 Oct 2026 Page 63 of 107 LEASE-PURCHASE AGREEMENT LESSEE:LESSOR: City of Atlantic Beach Leasing 2,Inc. 800 Seminole Road 1720 West Cass Street Atlantic Beach,FL 32233 Tampa,FL 33606-1230 Dated as of October 15,2026 This Lease—Purchase Agreement (the "Agreement")dated as of October 15,2026 by and between Leasing 2,Inc.("Lessor"),and City of Atlantic Beach ("Lessee"),a body corporate and politic duly organized and existing under the laws of the State of Florida ("State"). WITNESSETH: WHEREAS,Lessor desires to lease the Equipment,as hereinafter de?ned,to Lessee,and Lessee desires to lease the Equipment from Lessor,subject to the terms and conditions of and for the purposes set forth in this Agreement;and WHEREAS,Lessee is authorized under the Constitution and laws of the State to enter into this Agreement for the purposes set forth herein; NOW,THEREFORE,for and in consideration of the premises hereinafter contained,the parties hereby agree as follows: ARTICLE I DEFINITIONS Section 1.01.The following terms will have the meanings indicated below unless the context cleady requires othenNise: "Agreement"means this Lease-Purchase Agreement,including the Exhibits attached hereto,as the same may be supplemented or amended from time to time in accordance with the terms hereof. "Commencement Date"is the date when the term of this Agreement begins and Lessee‘s obligation to pay rent accrues,which shall be the commencement date shown on the Exhibit E Payment Schedule. "Equipment"means the property described in Exhibit D and which is the subject of this Agreement "Lease Term"means the Original Term and all Renewal Terms provided for in this Agreement under Section 4.01. "Lessee"means the entity which is described in the ?rst paragraph of this Agreement and which is leasing the Equipment from Lessor under the provisions of this Agreement. "Lessor"means (i)Leasing 2,Inc.,acting as Lessor hereunder;(ii)any surviving resulting or transferee corporation;and (iii)except where the context requires othenrvise,any assignee(s)of Lessor. "Original Term"means the period from the Commencement Date until the end of the ?scal year of Lessee in effect at the Commencement Date. "Purchase Price"means the amount indicated with respect to any date after payment of all Rental Payments (de?ned below)due through such date,all as set forth in Exhibit E hereto, or Supplemental Exhibit E hereto,as the case may be. "Renewal Terms"means the renewal terms of this Agreement as provided for in Article IV of this Agreement,each having a duration of one year and a term co-extensive with the Lessee‘s fiscal year,except the last of such automatic renewal terms which shall end on the due date of the last Rental Payment set forth in Exhibit E to this Agreement. "Rental Payments"means the basic rental payments payable by Lessee pursuant to the provisions of this Agreement during the Lease Term,payable in consideration of the right of Lessee to use the Equipment during the then current portion of the Lease Term.Rental Payments shall be payable by Lessee to the Lessor or its assignee in the amounts and at the times during the Lease Term,as set forth in Exhibit E of this Agreement. "Vendor"means the manufacturer of the Equipment as well as the agents or dealers of the manufacturer from whom Lessee has purchased or is purchasing the Equipment. ARTICLE I l COVENANTSOF LESSEE Section 2.01 Lessee represents,covenants and warrants,for the benefit of Lessor and its assignees,as follows: (a)Lessee is a public body,corporate and politic,duly organized and existing under the Constitution and laws of the State. (b)Lessee willdo or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body,corporate and politic. (c)Lessee is authorized under the Constitution and laws of the State to enter into this Agreement and the transaction contemplated hereby,and to perform all of its obligations hereunder. (d)Lessee has been duly authorized to execute and deliver this Agreement under the terms and provisions of the resolution of its goveming body,attached hereto as Exhibit A,or by other appropriate of?cial approval,and further represents,covenants and warrants that all requirements have been met,and procedures have occurred in order to ensure the enforceability of this Agreement,and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment hereunder.Lessee shall cause to be executed and delivered to Lessor an opinion of its counsel substantially in the form attached hereto as ExhibitB. (e)During the term of this Agreement,the Equipment will be used by Lessee only forthe purpose of performing one or more essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and willnot be used in a trade or business of any person or entity other than the Lessee. (f)During the period this Agreement is in force,Lessee will annually provide Lessor with such current ?nancial statements,budgets,proof of appropriation for ensuing ?scal year or such other ?nancial information relating to the decision of Lessee to continue this Agreement as may be reasonably requested by Lessor or its assignee. (g)The Equipment will have a useful life in the hands of the Lessee that is substantially in excess of the Original Term and all Renewal Terms. (h)The Equipment is,and during the period this Agreement is in force will remain,personal property and when subjected to use by the Lessee under this Agreement,will not be or become fixtures. (i)Lessee shall not voluntarily or involuntarily create,incur,assume or suffer to exist any lien,security interest or other encumbrance or attachment of any kind whatsoever on,affecting or with respect to the Equipment. (j)Lessee shall not give up possession or control of the Equipment. (k)Lessee shall not change the location of the Equipment without giving prior written notice of the proposed new location to the Lessor and provided that Lessee shall obtain and deliver to Lessor any landlord waivers reasonably requested by Lessor so as to protect Lessor's right,title and interest in and to the Equipment and Lessor's ability to exercise its remedies with regard to the Equipment.The Equipment shall not be used outside of the United States without Lessors prior written consent. (I)Lessee shall not alter or modify the Equipment in any manner which would reduce the value or the marketability thereof. (m)Lessee willtake no action that will cause the interest portion of any Rental Payment to become includable in gross income of the recipient for purposes of federal income taxation under the Code,and Lessee will take,and will cause its of?cers,employees and agents to take,all af?rmative action legally within its power to prevent such interest from being includable in gross income for purposes of federal income taxation under Section 103(a)of the United States Internal Revenue Code of 1986 as amended (the "Code").Lessee represents and warrants that the Lease is to be treated as an obligation of a political subdivision of a state within the meaning of Section 103(c)(1)of the Code. (n)Lessee is and shall remain in compliance with all laws,mles,regulations and orders applicable to Lessee,including US.economic and trade sanctions,and anti-corruption,anti- biibery,anti-money laundering and anti-terrorism laws. ARTICLE III LEASE OF EQUIPMENT Section 3.01 Lessor hereby demises,leases and lets to Lessee,and Lessee rents,leases and hires from Lessor,the Equipment,in accordance with the provisions of this Agreement,to have and to hold forthe Lease Term. ARTICLE IV LEASE TERM Section 4.01.Commencement of Lease Term.The Original Term of this Agreement shall commence on the Commencement Date and shall terminate on the last day of Lessee's fiscal year then in effect.Lessee may renew this Agreement beyond the expiration of the Original Term,or beyond the expiration of any Renewal Term then in effect,up to the number of additional ?scal years provided in Exhibit E of this Agreement by appropriating suf?cient funds to make scheduled Rental Payments for the ensuing fiscal year (each a "Renewal Term"). Terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term,except that the Rental Payments shall be as provided in Exhibit E of this Agreement. Section 4.02.Temination of Lease Term.The Lease Term will terminate upon the eartiest of any of the following events: (a)The expiration of the Original Term or any Renewal Term of this Agreement and the non-renewal of this Agreement in the event of non-appropriation of funds pursuant to Section 6.07; (b)The exercise by Lessee of the option to purchase the Equipment before expiration of this Agreement granted under the provisions of Articles IX or XI of this Agreement; (c)A default by Lessee and Lessor's election to terminate this Agreement under Article Xlll;or (d)Payment by Lessee of all Rental Payments authorized or required to be paid by Lessee hereunder through the full lease term. 1 Agenda Item #8.A. 12 Oct 2026 Page 64 of 107 Section 4.03.Return of E ui ment on Termination.Upon expiration or earliertermination of the Original Term or any Renewal Term under any provision of this Agreement at a time when Lessee does not exercise its option to purchase the Equipment granted under the provisions of Articles IX or XI of this Agreement,Lessee hereby agrees to deliver the Equipment to Lessor packaged or otherwise prepared in a manner suitable for shipment by truck or rail common carrier to a location speci?ed by Lessor.AIIexpenses resulting from the return of Equipment on termination will be borne by Lessee. ARTICLE V ENJOYMENT OF EQUIPMENT Section 5.01.Provided that no default or event of default shall have occurred hereunder,Lessor hereby covenants that during the Lease Term Lessor will not interfere with Lessee’s quiet use and enjoyment of the Equipment. Lessor shall have the right at all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment. ARTICLE VI RENTAL PAYMENTS Section 6.01.Rental Pa merits to Constitute a Current Ex ense of Lessee.Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by Lessee. Section 6.02.Pa ment of Rental Pa merits.During the Original Term and during each Renewal Term elected by Lessee,Lessee shall pay Rental Payments,exclusively from any and all legally available funds,in lawful money of the United States of America,exclusively to Lessor or,in the event of assignment by Lessor,to its assignee,in the amounts and on the dates set forth in Exhibit E hereto.Rental Payments shall be in consideration for Lessee‘s use of the Equipment during the applicable year in which such payments are due.The Rental Payment amounts set forth in Exhibit E are based on the Equipment Cost to be paid by Lessor being the amount set forth in Exhibit E.Lessor shall have no obligation to pay or disburse any amount greater than the amount set forth as the Equipment Cost.Lessee shall not amend any purchase contract,purchase order,or any other agreement that would have the effect of increasing the cost of the Equipment above set forth in Exhibit E as the Equipment Cost without the prior written consent of Lessor.In the event that the actual cost of the Equipment is greater than the amount set forth in Exhibit E,Lessee shall be solely responsible for and hereby agrees to promptly pay such excess to the vendor (5),provided that Lessee may request that Lessor ?nance such excess,which Lessor may,in its sole discretion elect to do or decline to do.Lessee shall indemnify and hold Lessor harmless from and against any loss,damages,costs and expenses resulting from or relating to any increase in the Equipment Cost.If Lessor,in its sole discretion,elects to ?nance such excess the amount of each installment of rent will be increased to provide the same yield to Lessor as would have been obtained if the actual cost had been the same as the stated Equipment Cost.In such event,Lessee shall at the request of Lessor execute and deliver an amendment re?ecting the increase in the Equipment Cost and the Rental Payments. Section 6.03.Interest and Princi al Corn onents.A portion of each Rental Payment is paid as,and represents payment of,interest,and the balance of each Rental Payment is paid as,and represents payment of principal.Exhibit E hereto sets forth the interest component and the principal component of each Rental Payment during the Lease Term. Section 6.04.Additional Interest in the Event the Interest is Taxable.Lessee acknowledges that Lessor‘s yield with respect to this Agreement is dependent upon the full amount of each Rental Payment being excluded from Lessor‘s income pursuant to the Code.Accordingly,if at any time,as a result of a determination that Lessee has breached a representation or covenant contained herein,or as a result of any change in the Code,any payment of either the interest component or the principal component of any Rental Payment is,in the opinion of counsel for the Lessor,subject to or affected by any income,preference,excess profits,minimum or other federal tax,Lessee shall pay,as additional interest,an amount which is necessary to provide to Lessor the same net income as Lessor would have received but for such event.Lessor‘s calculations of such additional interest shall be binding upon Lessee in the absence of manifest error. Section 6.05.Rental Pa ments to be Unconditional.During the Original Term and during each Renewal Term elected by Lessee,the obligations of Lessee to make payment of the Rental Payments required under this Article VI and other sections hereof and to perform and observe the covenants and agreements contained herein shall be absolute and unconditional in all events,except as expressly provided under this Agreement.Notwithstanding any dispute between Lessee and Lessor,any Vendor or any other person,Lessee agrees to pay all Rental Payments when due and shall not withhold any Rental Payments pending ?nal resolution of such dispute,nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such payments when required under this Agreement.Lessee's obligation to make Rental Payments during the Original Term or the then current Renewal Term elected by Lessee shall not be abated through accident or unforeseen circumstances. Section 6.06.Continuation of Lease Term b Lessee.Lessee intends,subject to the provisions of Section 6.07,to continue the Lease Term through the Original Term and all the Renewal Terms hereunder.Lessee reasonably believes that legally available funds in an amount suf?cient to make all Rental Payments during the Original Term and each of the Renewal Terms can be obtained.The officer of Lessee responsible for budget preparation shall do all things lawfully within his/her power to obtain and maintain funds from which the Rental Payments may be made,including making provision for such payments to the extent necessary in each annual budget submitted and adopted in accordance with applicable provisions of State law,to have such portion of the budget approved,and to exhaust all available reviews and appeals in the event such portion of the budget is not approved. Notwithstanding the foregoing,the decision whether or not to budget and appropriate funds is within the discretion of Lessee’s governing body. Section 6.07.Termination b Nona ro riation.In the event Lessee does not appropriate sufficient funds for the payment of the Rental Payments scheduled to be paid in the next occurring Renewal Term,then Lessee may terminate this Agreement at the end of the then current Original Term or Renewal Term,and Lessee shall not be obligated to make payment of the Rental Payments provided for in this Agreement beyond the end of the then current Original or Renewal Term.Lessee agrees to deliver notice to Lessor of such termination at least 90 days prior to the end of the then current Original or Renewal Term. Section 6.08.Late Cha es.If any Rental Payment is not paid in full to Lessor within ?fteen (15)days after the payment first became due and payable,Lessee shall immediately pay to Lessor an additional one time late charge equal to ?ve (5%)percent or,if less the maximum rate permitted by law,of each such amount past due along with the Rental Payment.If any Rental Payment remains unpaid beyond 45 days after it ?rst became due and payable,or if Lessor has elected to exercise any remedies following an event or default,interest shall accrue on past due amounts at the rate of 1%per month or the highest rate allowed by law,whichever is less.Partial payments by Lessee shall be applied first to the accrued interest component of past due Rental Payments and the balance to the remaining principal component of past due Rental Payments. Section 6.09.Pre a ment.Lessee shall have the right to prepay principal components of Rental Payments in whole on any date set forth in Exhibit E by paying the then applicable Purchase Price set forth in Exhibit E on such date. ARTICLE VII TITLE TO EQUIPMENT Section 7.01.Title to the E ui ment.During the term of this Agreement,ti?e to the Equipment and any and all additions,repairs,replacements or modi?cations shall vest in Lessee, subject to the rights of Lessor under this Agreement.In the event of default as set forth in Section 13.01 or nonappropliation as set forth in Section 6.07,Lessee agrees to surrender possession of the Equipment to Lessor.Lessee and Lessor intend for federal income tax purposes under the lntemal Revenue Code of 1986,as amended,that this Agreement constitutes a ?nancing lease or an installment sale contract rather than a true lease. ARTICLE VIII MAINTENANCE;MODIFICATION;TAXES;INSURANCEAND OTHER CHARGES Section 8.01.Maintenance of E ui ment b Lessee.Lessee agrees that at all times during the Lease Term Lessee will,at Lessee's own cost and expense,maintain,preserve and keep the Equipment in good repair,working order and condition,and that Lessee willfrom time to time make or cause to be made all necessary and proper repairs,replacements and renewals.Lessor shall have no responsibility in any of these matters,or for the making of improvements or additions to the Equipment. Section 8.02.Taxes Other rnmental Charges and Utility Charges.In the event that the use,possession or acquisition of the Equipment is found to be subject to taxation in any form (except for income taxes of Lessor),Lessee will pay during the Lease Term,as the same respectively come due,all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Equipment and any equipment or other property acquired by Lessee in substitution for,as a renewal or replacement of,or a modi?cation,improvement or addition to the Equipment,as well as all gas,water,steam,electricity,heat,power,telephone,utility and other charges incurred in the operation,maintenance,use,occupancy and upkeep of the Equipment;provided that,with respect to any governmental charges that may lawfully be paid in installments over a period of years,Lessee shall be obligated to pay only such installments as have accrued during the time this Agreement is in effect. Section 8.03.Provisions Re ardin Insurance.At its own expense,Lessee shall cause casualty,public liability and property damage insurance to be carried and maintained,or shall demonstrate to the satisfaction of Lessor that adequate self-insurance is provided with respect to the Equipment,sufficient to protect the Full lnsurable Value (as that term is hereinafter de?ned)of the Equipment,and to protect Lessor from liability in all events.All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement. Lessee shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term.Alternatively,Lessee may insure the Equipment under a blanket insurance policy or policies which cover not only the Equipment but other properties.If Lessee insures similar properties by self-insurance and upon approval by Lessor,Lessee may insure the Equipment by means of an adequate insurance fund. The term "Full lnsurable Value"as used herein shall mean the full replacement value of the Equipment. Any insurance policy pursuant to this Section 8.03 shall be so written or endorsed as to make losses,if any,payable to Lessee and Lessor as their respective interests may appear. The Net Proceeds (as defined in Section 9.01)of the insurance required in this Section 8.03 shall be applied as provided in Article IX hereof.Each insurance policy provided for in this Section 8.03 shall contain a provision to the effect that the insurance company shall not cancel the policy or modify it materially and adversely to the interest of Lessor without ?rst giving written notice thereof to Lessor at least 30 days in advance of such cancellation. Section 8.04.Advances.In the event Lessee shall fail to perform any of its obligations hereunder Lessor may (but shall be under no obligation to)take such action as may be necessary to cure such failure,including,without limitation,the advancement of money;and all amounts so advanced by Lessor shall become additional rent for the then current Original Term or Renewal Term,which amounts,together with interest thereon at the rate of 12%per annum,or if less the maximum rate permitted by law,Lessee agrees to pay. Agenda Item #8.A. 12 Oct 2026 Page 65 of 107 AR11CLE IX DAMAGE,DESTRUCTION AND CONDEMNATION:USE OF NET PROCEEDS Section 9.01.Dama e Destruction and Condemnation.If prior to the termination of the Lease Term (a)the Equipment or any portion thereof is destroyed (in whole or in part)or is damaged by ?re or other casualty or (b)title to,or the temporary use of the Equipment or any part thereof or the estate of Lessee or Lessor in the Equipment or any part thereof shall be taken underthe exercise of the power eminent domain by any governmental body or by any person,?rm or corporation acting under governmental authority,Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award to be applied to the prompt replacement,repair,restoration,modi?cation or improvement of the Equipment. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee. For purposes of Section 8.03 and this Article IX,the term "Net Proceeds"shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award after deducting all expenses (including attorney's fees)incurred in the collection of such claims or award. Section 9.62.Insufficienc f Net Proceeds.If the Net Proceeds are insuf?cient to pay in full the cost of any repair,restoration,modi?cation or improvement referred to in Section 9.01 hereof,Lessee shall either (a)complete the work and pay any cost in excess of the amount of Net Proceeds,and Lessee agrees that if by reason of any such insuf?ciency of the Net Proceeds,Lessee shall make any payments pursuant to the provisions of this Section 9.02,Lessee shall not be entitled to any reimbursement therefore from Lessor nor shall Lessee be entitled to any diminutionof the amounts payable under Article VI hereof or (b)if Lessee is not in default hereunder,Lessee shall pay to Lessor the amount of the then applicable Purchase Price,and,upon such payment,the Lease Term shall terminate and Lessor‘s interest in the Equipment shall terminate as provided in Article XI of this Agreement.The amount of the Net Proceeds in excess of the then applicable Purchase Price,if any,may be retained by Lessee. ARTICLE x DISCLAIMEROF WARRANTIES;VENDOR'S WARRANTIES;USE OF EQUIPMENT Section 10.01.Disclaimer of Warranties.LESSOR MAKES NO WARRANTY OR REPRESENTATION,EITHER EXPRESS OR IMPLIED,AS TO THE VALUE,DESIGN,CONDITION, MERCHANTABILITYOR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT,OR WARRANTYWITH RESPECT THERETO.In no event shall Lessor be liable for any incidental,indirect,special or consequential damage in connection with or arising out of this Agreement or the existence,furnishing,functioning or Lessee's use of any item of Equipment. Section 10.02.Vendor's Warranties.Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during the Lease Term,so long as Lessee shall not be in default hereunder,to assert from time to time whatever claims and rights,including warranties of the Equipment,if any which Lessor may have against the Vendor of the Equipment.Lessee's sole remedy for the breach of such warranty,indemnification or representation shall be against the Vendor of the Equipment,and not against the Lessor,nor shall such matter have any effect whatsoever on the rights of Lessor with respect to this Agreement,including the right to receive full and timely payments hereunder.Lessee expressly acknowledges that Lessor makes,and has made,no representation or warranties whatsoever as to the existence or availability of such warranties of the Vendor of the Equipment. Section 10.03.Use of the E ui ment.Lessee will not install,use,operate or maintain the Equipment improperly,carelessly,in violation of any applicable law or in a manner contrary to that contemplated by this Agreement.Lessee shall provide all permits and licenses,if any,necessary for the installation and operation of the Equipment.In addition,Lessee agrees to comply in all respects (including,without limitation,with respect to the use,maintenance and operation of each item of the Equipment)with all laws of the jurisdictions in which its operations involving any item of Equipment may extend and any legislative,executive,administrative or judicial body exercising any power or jurisdiction over the items of the Equipment;provided,however,that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner which does not,in the reasonable opinion of the Lessor,adversely affect the estate of Lessor in and to any of the items of the Equipment or its interest or rights under this Agreement. ARTICLE XI OPTIONTO PURCHASE Section 11.01 At the request of Lessee,Lessor's interest in the Equipment and additional Rental Payments will be terminated and this Agreement shall terminate: (a)At the end of the ?nal Renewal Term,upon payment by Lessee of all Rental Payments scheduled as set forth in Exhibit E to this Agreement;or (b)if the Lease Term is terminated pursuant to Article IX of this Agreement,in the event of total damage,destruction or condemnation of the Equipment;or (c)any time when Lessee is not on such date in default under this Agreement,upon payment by Lessee of the then applicable Purchase Price to Lessor. Upon the occurrence of any of such events,Lessor shall ,if requested by Lessee,deliver a Billof Sale of its remaining interest in the Equipment to Lessee "AS IS -WHERE IS"without additional cost or payment by Lessee. ARTICLE XII ASSIGNMENT,SUBLEASING,INDEMNIFICATIONMORTGAGING AND SELLING Section 12.01.Assi nment b Lessor.This Agreement,and the rights of Lessor hereunder,may be assigned and reassigned in whole or in part to one or more assignees and subassignees by Lessor at any time subsequent to its execution,without the necessity of obtaining the consent of Lessee;provided,however,that no such assignment or reassignment shall be effective unless and until (i)Lessee shall have received notice of the assignment or reassignment disclosing the name and address of the assignee or subassignee,and (ii)in the event that such assignment is made to a bank or trust company as trustee for holders of certi?cates representing interests in this Agreement,such bank or trust company agrees to maintain,or cause to be maintained,a book-entry system by which a record of names and addresses of such holders as of any particular time is kept and agrees,upon request of the Lessee,to furnish such information to Lessee.Upon receipt of notice of assignment,Lessee agrees to keep a written record thereof,and to make all payments to the assignee designated in the notice of assignment,notwithstanding any claim,defense,setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise)that Lessee may from time to time have against Lessor,or the assignee.Lessee agrees to execute all documents which may be reasonably requested by Lessor or its assignee to protect their interests in this Agreement. Section 12.02.No Sale Assi nment or Subleasin b Lessee.This Agreement and the interest of Lessee in the Equipment may not be sold,assigned or encumbered by Lessee without the prior written consent of Lessor. Section 12.03.Lessee Ne li ence.To the extent permitted by the laws and Constitution of the State,Lessee shall protect and hold harmless Lessor from and against any and all liability,obligations,losses,claims and damages whatsoever,regardless of cause thereof,and expenses in connection therewith,including,without limitation,counsel fees and expenses,penalties and interest arising out of or as the result of the entering into this Agreement,the ownership of any item of the Equipment,the ordering,acquisition,use,operation, condition,purchase,delivery,rejection,storage or return of any item of the Equipment or any accident in connection with the operation,use,condition,possession,storage or return of any item of the Equipment resulting in damage to property or injury to or death of any person,to the extent that such liability,obligation,loss,claim or damage arises out of or is proximately caused by the negligent conduct of Lessee,its officers,employees or agents.The obligation of Lessee arising under this paragraph shall continue in full force and effect notwithstanding the full payment of all other obligations under this Agreement or the termination of the Lease Term for any reason. ARTICLE XIII EVENTS 0F DEFAULT AND REMEDIES Section 13.01.Events of Default De?ned.The following shall be "events of default"under this Agreement and the terms "event of default"and "default"shall mean,whenever they are used in this Agreement,any one or more of the following events: (3)Failure by Lessee to pay any Rental Payment or other payment required to be paid hereunder at the time speci?ed herein;and (b)Failure by Lessee to observe and perform any covenant,condition or agreement on its part to be observed or performed,other than as referred to in Section 13.01 (a),for a period of 30 days after written notice,specifying such failure and requesting that it be remedied as given to Lessee by Lessor,unless Lessor shall agree in writing to an extension of such time prior to the expiration,provided,however,if the failure stated in the notice cannot be corrected within the applicable period,Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligen?y pursued until the default is corrected. (c)The filing by Lessee of a voluntary petition in bankruptcy,or failure by Lessee promptly to lift any execution,garnishment,or attachment of such consequence as would impair the ability of Lessee to carry on its governmental function or adjudication of Lessee as a bankrupt or assignment by Lessee for the bene?t of creditors,or the entry by Lessee into an agreement of composition with creditors,or the approval by a court of competentjurisdiction of a petition applicable to Lessee in any proceedings instituted under the provisions of the Federal Bankruptcy Statute,as amended,or under any similar acts which may hereafter be enacted. The foregoing provisions of this Section 13.01 are subject to (i)the provisions of Section 6.07 hereof with respect to nonappropriation;and (ii)if by reason of force ma'eure Lessee is unable in whole or in part to carry out its agreement on its part herein contained,other than the obligations on the part of Lessee contained in Article VI hereof,Lessee shall not be deemed in default during the continuance of such inability.The term "force majeure"as used herein shall mean,without limitation,the following:acts of God;strikes,lockouts or other employee relations disturbances;acts of public enemies;orders or restraints of any kind of the government of the United States of America or the state wherein Lessee is located or any of their departments,agencies or officials,or any civil or military authority,insurrections;riots;landslides;earthquakes;?res;storms;droughts;?oods;or explosions. Section 13.02.Remedies on Default.Whenever any event of default referred to in Section 13.01 hereof shall have happened and be continuing,Lessee agrees to return the equipment to Lessor and Lessor shall have the right at its sole option without any further demand or notice,to take either one or both of the following remedial steps: (a)Accept surrender from Lessee of the equipment for sale or release by Lessor in a commercially reasonable manner.All proceeds of such sale or re—lettingshall inure to Lessor, provided,however,if such proceeds after deduction of Lessor's reasonable costs and expenses,including attorneys‘fees,incurred to recover possession,restore or clean-up and sell or release the equipment,exceed an amount equal to the sum of the past clue but unpaid Rental Payments and an amount equal to the then applicable purchase price,Lessor shall remit the amount of such excess to Lessee;or (b)Institute an action in a court of competentjurisdiction to recover Lessors compensatory damages resulting from Lessee's default. Lessor agrees that it shall not have a right to seek any remedy of speci?c performance nor shall Lessor have any "self-help"right to take possession of the equipment absent Lessee‘s voluntary surrender thereof. Section 13.03.No Remed Exclusive.No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy give under this Agreement or now or hereafter existing at law or in equity.No delay or omission to exercise any right or power accruing upon any default Agenda Item #8.A. 12 Oct 2026 Page 66 of 107 shall impair any such right or power or shall be construed to be a waiver hereof,but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE XIV MISCELLANEOUS Section 14.01.Notices.All notices,certi?cates or other communications hereunder shall be suf?ciently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid,to the parties at their respective places of business. Section 14.02.Bindin Effect.This Agreement shall inure to the bene?t of and shall be binding upon Lessor and Lessee and their respective successors and assigns. Section 14.03.Severabili .In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision hereof. Section 14.04.Amendments.The terms of the Agreement shall not be waived,altered,modi?ed,supplemented or amended in any manner whatsoever except by written instrument signed by the Lessor and the Lessee. Section 14.05.Execution in Counter arts.This Agreement may be executed in several counterparts,each of which shall be an original and all of which shall constitute but one and the same instrument. Section 14.06.Dela ed losin In the event of a delayed closing,Lessor shall receive as additional compensation any amount that accrues between the Commencement Date and the Closing Date. Section 14.07.A Iicable Law.This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 14.08.Ca tions.The captions or headings in this Agreement are for convenience only and do not de?ne,limit or describe the scope or intent of any provisions of sections of this Agreement. Section 14.09.Entire A reement.This Agreement and the executed Exhibits attached hereto constitute the entire agreement between Lessor and Lessee.No waiver,consent, modi?cation or change of terms of this Agreement shall bind either party unless in writing signed by both parties,and then such waiver,consent,modi?cation or change shall be effective only in the speci?c instance and for the speci?c purpose given.There are no understandings,agreements,representations or warranties,express or implied,not speci?ed herein,regarding this Agreement or the equipment leased hereunder. Section 14.10.Counte arts'Electronic Si nature.This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties.Each party hereby acknowledges and agrees that this Agreement constitutes an Electronic Record and may be executed using Electronic Signatures (including,without limitation,facsimile,.pdf and DocuSign)and shall be considered original signatures for all purposes,and shall have the same legal effect,validity and enforceability as a paper record. For purposes hereof,"Electronic Record”and "Electronic Signature“shall have the meanings assigned to them,respectively,by 15 USC {57006,as it may be amended from time to time. Section 14.11.Correction of Documents.Lessee agrees to execute and deliver,or provide,as required by Lessor,any documents and information,from time to time,that may be necessary for the purpose of correcting any errors or omissions in this Agreement or to re?ect the true intent of Lessor in this transaction.All such documents and information must be satisfactory to Lessor. Section 14.12 WAIVER OF JURY TRIAL.Lessee and Lessor hereby irrevocably waive any right to a jury trial with respect to any matter arising under or in connection with this Agreement and agree that any dispute shall be determined by a court sitting without a jury. Section 14.13.Performance Bonds.If requested by Lessor to facilitate payments to vendors in advance of delivery and acceptance,Lessee agrees to require the Equipment manufacturer,and all other contractors and/or subcontractors (collectively,"Contractors")with whom Lessee has contracted for the acquisition of the Equipment,to provide performance bond satisfactory to Lessor conditioned upon the construction of the Equipment as expeditiously as reasonably possible from the date of execution of such Lease and also conditioned upon delivery of possession of the Equipment to the Lessee free and clear of all liens and encumbrances,except the security interest granted to Lessor under the Lease— Purchase Agreement.Each such bond shall be in a form and with a surety acceptable to Lessor and shall name Lessor as a dual obligee.The Lessee shall proceed promptly to pursue diligently any remedies available against a Contractor that is in default under any agreement relating to the acquisition and construction of the Equipment and/or against each surety on any bond securing the performance of such Contractor's obligations with respect to the acquisition and construction of the Equipment.The Lessee and Lessor shall cause the net proceeds recovered by way of the foregoing to be applied,at Lessor‘s option,to (i)the completion of the Equipment,or (ii)the payment of all rent payments then due plus the then applicable Termination Balance.Any balance of net proceeds remaining after completion of Equipment construction or payment of the outstanding balance owed under the applicable Lease shall be paid promptly to Lessee. Section 14.14.Time is of the Essence.Lessor and Lessee agree that time is of the essence of all provisions of each Lease entered into underthis Agreement. Any terms and conditions of any purchase order or other document submitted by Lessee in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement will not be binding on Lessor and will not apply to this Agreement.Lessee by the signature below of its authorized representative acknowledges that it has read this Agreement,understands it,and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF,Lessor has executed this Agreement in its corporate name and by its duly authorized of?cer.and Lessee has caused this Agreement to be executed in its corporate name and by its duly authorized of?cer.All of the above occurred as of the date ?rst written below;this Agreement shall be binding on Lessee beginning on the date it is accepted and executed by Lessor. LESSOR:Leasing 2,Inc. By: Title: Date: LESSEE:City of Atlantic Beach By: Kevin Hogencamp Title:Cit Mana er Date: Agenda Item #8.A. 12 Oct 2026 Page 67 of 107 EXHIBIT A TO BE REPLACED WITH RESOLUTION 26-96 Agenda Item #8.A. 12 Oct 2026 Page 68 of 107 {LETTERHEAD OF LESSEE’S COUNSEL EXHIBITB OPINION 0F LESSEE'S COUNSEL LESSEE:City of Atlantic Beach DATE OF AGREEMENT:October 15,2026 Leasing 2,Inc. 1720 West Cass Street Tampa,FL 33606-1230 [Ladies anleentlemen: As counsel for City of Atlantic Beach ("Lessee"),I have examined duly executed originals of the Lease-Purchase Agreement and Escrow Agreement,if applicable (the "Agreement"),between Lessee and Leasing 2,Inc.("Lessor"),dated as of October 15,2026 and the proceedings taken by Lessee to authorize and execute the Agreement.Based upon such examination and upon such other examination as I have deemed necessary or appropriate,I am of the opinion that: 1.Lessee is a public body corporate and politic,legally existing under the laws of the State of Florida. 2.The Agreement has been duly authorized,executed and delivered by Lessee,pursuant to Constitutional,statutory and/or home rule provisions which authorize this transaction and Resolution No.,attached as Exhibit A to the Agreement. 3.The Agreement is a legal,valid and binding obligation of Lessee,enforceable in accordance with its terms.In the event Lessor obtains a judgment against Lessee in money damages,as a result of an event of default under the Agreement,Lessee will be obligated to pay such judgment. 4.Applicable public bidding requirements have been complied with. 5.To the best of my knowledge,no litigation is pending or threatened in any court or othertribunal,state or federal,which questions or affects the validity of the Agreement. 6.The signature of the of?cer of Lessee which appears on the Agreement is true and genuine;I know said of?cer and know him/her to hold the of?ce set forth below his/her names. 7.The Equipment leased pursuant to the Agreement constitutes personal property and when subjected to use by Lessee will not be or become ?xtures under applicable law. 8.The leasing of the Equipment pursuant to the Agreement is exempt from all sales and use taxes against either the Lessor or the Lessee during the term of the Lease and the Equipment will be exempt from any state and local personal property or other ad valorem taxes during the term of the Lease. This opinion may be relied upon by the addressee hereof and its successors and assignees of interests in the Lease,but only with regard to matters speci?cally set forth herein. Sincerely, ORIGINAL SIGNATURE LETTER IS REQUIRED Agenda Item #8.A. 12 Oct 2026 Page 69 of 107 PAGE INTENTIONALLY BLAN EXHIBIT C Agenda Item #8.A. 12 Oct 2026 Page 70 of 107 together with all additions,accessions and replacements thereto. Lessee hereby certi?es that the description of the personal property set forth above constitutes an accurate description of the "Equipment",as de?ned in the attached Lease-Purchase Agreement. DESCRIPTION OF EQUIPMEN EXHIBITD Title:Ci Mana er Atlantic Beach FL 32233 After Lessee signs this Agreement,Lessee authorizes Lessor to insert any missing information or change any inaccurate infomtation (such as the model year of the Equipment or its serial number or VIN)into the Description of Equipment. LESSEE:Clty of Atlantic Beach 1200 Sand i er Lane LOCATION OF THE EQUIPMENT: Kevin Hogencamp Date: The Equipment which is the subject of the attached Lease-Purchase Agreement is as follows: (1)Elgin Regenx Street Sweeper,VIN: Agenda Item #8.A. 12 Oct 2026 Page 71 of 107 PAYMENT SCHEDULE EXHIBITE Kevin Hogencamp Title:Ci Mana er LESSEE: LEASE AMOUNT: COMMENCEMENTDATE: INTEREST RATE: PAYMENT E 1 NmOl-ISOON Grand Totals City of Atlantic Beach $344,609.00 10/15/2026 6.10% E 11/15/2026 11/15/2027 11/15/2028 11/15/2029 11/15/2030 11/15/2031 11/15/2032 PAYMENT $58,699.54 $58,699.54 $58,699.54 $58,699.54 $58,699.54 $58,699.54 $58,699.54 $410,896.78 INTEREST $1,810.80 $17,557.23 $15,046.65 $12,382.87 $9,556.54 $6,557.74 $3,375.95 $66,287.78 PRINCIPAL $56,888.74 $41 ,142.31 $43,652.89 $46,316.67 $49,143.00 $52,141.80 $55,323.59 $344,609.00 PURCHASE PRICE’ $298,054.57 $254,564.92 $208,770.33 $160,548.62 $109,771.16 $56,302.50 $0.00 Date: *After payment of Rental Payment due on such date. City of Atlantic BeachLESSEE: Agenda Item #8.A. 12 Oct 2026 Page 72 of 107 EXHIBIT F ACCEPTANCE CERTIFICATE The undersigned,as Lessee under the Lease-Purchase Agreement (the "Agreement")dated October 15,2026,with Leasing 2,Inc.("Lessor"),hereby acknowledges: 1.E ui ment delivered and acce ted:Lessee has received in good condition all the Equipment described in the Agreement and in Exhibit D thereto and accepts the Equipment for all purposes this day of ,20__,' E ui ment delive has not at taken lace:The Equipment described in the Agreement and in Exhibit D thereto. has not been delivered.Lessor has agreed to deposit into an escrow account an amount suf?cient to pay the total cost of the Equipment identi?ed in Exhibit D of the Agreement.Exhibit E accurately re?ects the Lease Amount. Lessee agrees to execute an Acceptance Certi?cate and Payment Request Form authorizing payment of the Equipment,or a portion thereof,for each withdrawal of funds from the Escrow Account.Lessee's obligation to commence Rental Payments as set forth in Exhibit E-Payment Schedule is absolute and unconditional as of the Commencement Date,subject to the terms and conditions of the Agreement.Lessee further acknowledges that the Agreement is not subject to the successful delivery of the Equipment,and that in the event of non-performance by the Vendor,Lessee will retain all responsibility for performance under the Agreement. Lessee certi?es that Lessee has fully and satisfactorily performed all of its covenants and obligations required under the Agreement and con?rms that the Agreement will commence as de?ned by "Commencement Date"in the attached Agreement,and it will commence payments in accordance with Article VI of the Agreement. The undersigned of?cer of the Lessee hereby reaf?nns on behalf of the Lessee in all respects the covenants of the Lessee set forth in Article II of the Agreement and represents that,to the best of his or her knowledge,information and belief,the expectations therein expressed were reasonable as of the Commencement Date,and that there were,and are as of the date on which they were made,and are reasonable as of the Commencement Date,no facts, estimates or circumstances other than those expressed therein that would materially affect the expectations expressed therein. City of Atlantic Beach Kevin Hogencamp Title:Cit Mana er LESSEE: Agenda Item #8.A. 12 Oct 2026 Page 73 of 107 n Reference is made to certain Lease-Purchase Agreement dated October 15,2026,between Leasing 2,Inc.and City of Atlantic Beach,leasing the personal property described in Exhibit D to such Agreement.This con?rms and af?rms that such Equipment is essential to the functions of the undersigned or to the service we provide to our citizens. Further,we have an immediate need for,and expect to make immediate use of,substantially all the Equipment,which need is not temporary or expected to diminish in the foreseeable future.The Equipment will be used by us only for the purpose of performing one or more of our governmental or proprietary functions consistent with the permissible scope of our authority.S ecificall the E ui ment was selected b us to be used as follows: Please describe USE of e ui ment: ESSENTIAL USE/SOURCE OF FUNDS LETTER EXHIBITG Sincerely, Kevin Hogencamp.City Manager Date TO:Leasing 2,Inc. RE:Lease—PurchaseAgreement Dated October 15,2026. Agenda Item #8.A. 12 Oct 2026 Page 74 of 107 Title:Ci Mana er Kevin Hogencamp EXHIBITH DESIGNATIONOF BANK QUALIFICATION In consideration of the mutual covenants of the Lessor and Lessee pursuant to the Lease-Purchase Agreement dated October 15,2026,(the “Agreement")between Leasing 2,Inc.("Lessor")and City of Atlantic Beach ("Lessee"),such Agreement is modi?ed as follows: Lessee certi?es that it reasonably anticipates that it and all of its subordinate entities will not issue more than $10,000,000 of "quali?ed tax-exempt obligations"(as that term is de?ned in Section 265(b)(3)(B)of the Internal Revenue Code of 1986 ("the Code")during the current calendar year. Further,lessee hereby designates the Agreement as a "quali?ed tax-exempt obligation"in accordance with Section 265 (b)(3)(B)of the Code so that it is eligible for the exception contained in Section 265 (b)(3)of the Code and further certi?es for the purpose of the overall limitation of Section 265 (b)(3)(B)of the Code that it and its subordinate entities have not as of this calendar year issued more than $10,000,000 of obligations which it has designated for these purposes. Allterms contained herein not othenNise de?ned shall have the same meaning as such terms are used and de?ned in the Lease. LESSEE:City of Atlantic Beach Date: Agenda Item #8.A. 12 Oct 2026 Page 75 of 107 EXHIBIT | LESSEE:City of Atlantic Beach Leasing 2,Inc.(“Lessor")hereby gives notice to the City of Atlantic Beach (“Lessee")that Lessor has assigned all rights to payments under the Lease-Purchase Agreement and Escrow Agreement dated as of October 15,2026.between Leasing 2,Inc.(“Lessor”)and City of Atlantic Beach (“Lessee”).Leasing 2,Inc.(“Lessor")hereby requests.gives notice and instructs City of Atlantic Beach (“Lessee")that payments that hereafter come due pursuant to the Lease-Purchase Agreement be paid to Santander Bank,N.A.or its Assignee. Santander Bank,N.A. P.O.Box 847388 Boston,MA 02284-7386 NOTICE AND ACKNOWLEDGMENT OF ASSIGNMENT Date: Title:Ci Mana er Kevin Hogencamp Agenda Item #8.A. 12 Oct 2026 Page 76 of 107 TO:Leasing 2,Inc.andlor its Assigns 1720 West Cass Street Tampa,FL 33606-1230 FROM:City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 RE:INSURANCECOVERAGE REQUIREMENTS (Check one): INSURANCE COVERAGE REQUIREMENT 1.In accordance with Section 8.03 of the Agreement.we have instructed the insurance agent named below (please ?ll in insurance contact information) AGENCY NAME: CONTACT NAME: ADDRESS: CITY/ST/ZIP: TELEPHONE: EMAILADDRESS: akeys@leasin92.com to issue Certi?cate of Insurance coverage showing the following: Equipment Description —Include all applicable:Make/ModeIIYear,VIN,serial number (s),etc. Deductible -Note the deductible amounts on the policy All risk coverage to guarantee proceeds of Full Replacement Value noted on the policy Public Liability -Minimum Coverage Required: $500,000 per person $1,000,000 aggregate bodily injury liability $1,000,000 property damage liability Additional Insured and Loss Payee Leasing 2,Inc.and/or its Assigns MUST be listed as Additional Insured and Loss Payee Please forward certi?cate as soon as possible to:or Fax (813)258-9333 Title:Ci Mana er 2.Pursuant to Section 8.03 of the Agreement,we are self-insured for all risk,physical damage,and public liability and will provide proof of such self-insurance in letterform together with a copy of the statute authorizing this form of insurance. Kevin Hogencamp Date: Agenda Item #8.A. 12 Oct 2026 Page 77 of 107 Street Address or Box #2 Please indicate below how you would like us to bill you for the lease payments due under this Agreement,including a contact name,if applicable: BILLINGINFORMATION County: Telephone: Invoice Reference:1 El in Re enX Street Swee er Email Address: Fax: Contact Name: City,State,Zip: Company: Agenda Item #8.A. 12 Oct 2026 Page 78 of 107 II I;I I II 2 .r —,— ,I »... ,II I..-:v,»,- I ,-.. I K II ._I ,. -I .-. u '.'a x ., ..,v .I.. I n .n ..l..I“.:. I,._.I _.I . I I —. I ,. II I .III . '-..I .I .I I ‘ ..--II Ar ‘I .1 -. ESCROW AGREEMENT THIS ESCROW AGREEMENT (the "Escrow Agreement")is made and entered into as of October 15,2026 ("Escrow Agreement Date"),by and among Leasing 2,Inc.or its assigns ("Lessor"),City of Atlantic Beach ("Lessee")and Old National Wealth Management ("Escrow Agent"). RECITALS WHEREAS,Lessor and Lessee have entered into the Lease-Purchase Agreement dated October 15,2026 (the "Lease"), pursuant to which the equipment more particularly described therein (the "Equipment")will be leased to the Lessee under the terms stated in the Lease; WHEREAS,Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment,and Escrow Agent agrees to serve as escrow agent for such funding and acquisition; WHEREAS,Escrow Agent is hereby noti?ed that Lessor expects to assign all of its right,title,and interest in and to,but not its obligations under,the Lease and this Escrow Agreement to Santander Bank,N.A.,including,in particular,but without limitation,and Lessor’s right to approve all payment requests submitted by Lessee and Lessor’s security interest in the Fund (as de?ned herein). NOW THEREFORE,in consideration of the mutual agreements and covenant herein contained and for other valuable consideration,the parties hereby agree as follows: 1.Escrow Agent shall undertake the duties and obligations of Escrow Agent as set forth in this Escrow Agreement.Escrow Agent shall not be deemed to be a party to the Lease. 2.Lessor has delivered to Escrow Agent the sum of $344,609.00 ("Escrow Amount")for deposit by Escrow Agent in an Escrow Account established in connection with the Lease (the "Fund").The Fund will be administered by Escrow Agent pursuant to the terms of this Escrow Agreement.Lessee acknowledges that Escrow Agent may commingle the Escrow Amount held by Escrow Agent for the bene?t of Lessee with other funds held by Escrow Agent for its own account,so long as the Escrow Agent maintains segregation of the Fund on the books and records of Escrow Agent.The Escrow Amount shall not be the property of the Escrow Agent,notwithstanding the fact that it may be commingled with other funds of the Escrow Agent. 3.Deposits in the Fund shall be used to pay for the acquisition of the Equipment.The Equipment may be acquired as individual items or as groups of items.Escrow Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a properly executed Escrow Disbursement Request Form,in the form attached hereto as "Exhibit A",for that portion of the acquisition of the Equipment for which payment is requested.Upon full acquisition of an item or group of items of the Equipment,any remaining cost of such item or group of items shall be disbursed promptly by the Escrow Agent upon receipt of a properly executed Acceptance Certi?cate and a corresponding Escrow Disbursement Request Form in the form attached hereto as "Exhibit A”,for that portion of the Equipment for which payment is requested.Payment by Escrow Agent shall be to the payee shown on the Escrow Disbursement Request Form.Escrow Agent may deduct overnight mailing fees from the Fund prior to any disbursement requested by Lessee in writing to be sent via overnight mail. 4.No fees are due to the Escrow Agent under this Escrow Agreement and neither the Lessee nor any assignee of Lessor shall be responsible for payment of any fees to the Escrow Agent. 5.Escrow Agent will invest the Fund,as speci?ed by Lessor,in a Federated Government Obligation Money Market account,ticker GOSXX;provided,however,that notwithstanding anything herein,the yield on the Fund shall not be allowed to exceed the yield on the Lease.If the yield on the Fund at any time exceeds the yield on the Lease,the Lessor shall direct the Escrow Agent to invest the Fund in a lower yielding investment such that no arbitrage is earned on the Fund.Escrow Agent shall maintain the Fund until termination of the Fund pursuant to Section 6 hereof. 6.Upon execution of one or more Acceptance Certi?cates by Lessee and payment of acquisition costs by Escrow Agent for all the Equipment,this Escrow Agreement shall terminate and the Fund shall be closed.If not terminated earlier,this Escrow Agreement shall terminate and the Fund shall close on the date that is three years after the Escrow Agreement Date ("Termination Date"). Upon termination of this Escrow Agreement and closing of the Fund,Escrow Agent shall transfer all remaining principal in the Fund to Lessor and such amounts shall be applied by Lessor to Lessee's next Rental Payment.Lessee agrees that any interest earned on the Escrow Amount held in the Fund in excess of the costs of the Equipment will be paid to Leasing 2,Inc. 7.Lessor and Lessee may by written agreement between themselves remove the Escrow Agent,at any time and for any reason, and appoint a successor Escrow agent.Such removal shall not be effective until thirty (30)days after written notice thereof i fprovidedtoEscrowAgent. 8.Escrow Agent may at any time and for any reason resign as Escrow Agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed date of resignation,which date shall be not less than thirty (30)days after giving Lessee and Lessor written notice of intent to resign,nor less than thirty (30)days after being appointed by Lessor and Lessee. ESCROW AGREEMENT PAGE 1 OF 2 Agenda Item #8.A. 12 Oct 2026 Page 79 of 107 [Y 9.Escrow Agent shall have no obligation under the terms of this Escrow Agreement to make any disbursement except from the Fund.Escrow Agent makes no warranties or representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Escrow Agreement or the Lease. 10.Escrow Agent shall be entitled to rely in good faith upon any documents signed by a party hereto and shall have no duty to investigate the veracity of such documents.Escrow Agent (i)may assume that any person giving notice pursuant to the terms hereof is authorized to do so and (ii)shall not be liable for good faith reliance thereon. 11.Except to the extent it would invalidate the Lease or othenrvise be prohibited by law,to secure the payment of all Lessee's obligations under the Lease,Lessee,grants to Lessor a security interest constituting a ?rst lien on the Escrow Amount and on all amounts held in the Fund and any proceeds therefrom.Lessee hereby authorizes Lessor to prepare and ?le such financing statements,any amendments thereto and other such documents to establish and maintain such ?rst lien and perfected security interest.Lessee hereby acknowledges the receipt of copies of the ?nancing statements prepared by Lessor and hereby confirms the accuracy of the information contained therein.Lessee further agrees to execute such additional documents,including af?davits,notices and similar instruments,in form satisfactory to Lessor,which Lessor deems necessary or appropriate to establish and maintain its security interest,and upon assignment,the security interest of any assignee of Lessor,in the Equipment.To the limited extent required to perfect the security interest granted by Lessee to Lessor in the cash and negotiable instruments from time to time comprising the Fund,Lessor hereby appoints the Escrow Agent as its security agent,and the Escrow Agent hereby accepts the appointment as security agent,and agrees to hold physical possession of such cash negotiable instruments on behalf of Lessor. 12.The Lessor and Lessee,to the extent permitted by law,hereby agree to indemnify,defend,protect and hold the Escrow Agent, its af?liates,its of?cers,directors,agents and employees,harmless from and against any and all claims.losses,liability,damages, costs or expenses that the Escrow Agent may suffer or incur arising out of or in connection with the acceptance or administration of this Escrow Agreement or the performance of its duties hereunder,including reasonable attorneys’fees,but excluding any losses, liability,damages,costs or expenses due to the Escrow Agent's negligence or willfulmisconduct or its failure to act in accordance with the terms of this Escrow Agreement.This indemnity shall survive the termination of this Escrow Agreement or the removal or resignation of the Escrow Agent.The Escrow Agent agrees to indemnify,defend,protect and hold the Lessor,its af?liates,its of?cers,directors,agents and employees,harmless from and against any and all claims,losses,liability,damages,costs or expenses that the Lessor may suffer or incur arising out of or in connection with the acceptance or administration of this Escrow Agreement or the performance of its duties hereunder,including reasonable attorneys’fees,but excluding any losses,liability ,damages,costs or expenses due to the Lessor's negligence or willful misconduct. 13.This Escrow Agreement may be amended only by written agreement executed by all the parties. 14.This Escrow Agreement may be executed in several counterparts,each of which shall be an original. 15.This Escrow Agreement will be governed by and construed in accordance with the laws of the state in which the Lessee is organized. IN WITNESS WHEREOF,the parties have executed this Escrow Agreement as of the date ?rst written above. LESSOR:Leasing 2,Inc. BY: Name: Title: LESSEE:City of Atlantic Beach BY: Name:Kevin Ho encam Title:Ci Mana er ESCROW AGENT Old National‘Wealth Management BY: Name: Title: ESCROW AGREEMENT —PAGE 2 OF 2 Agenda Item #8.A. 12 Oct 2026 Page 80 of 107 ? Overnight Check *“Regular Mail Check VWe Funds ESCROW AGREEMENT—Exhibit A ESCROW DISBURSEMENT REQUEST FORM Old National Wealth Management,acting as escrow agent (the "Escrow Agent")under the Escrow Agreement dated as of October 15,2026,by and among the Escrow Agent,Leasing 2,Inc.(“Lessor")and City of Atlantic Beach ("Lessee")(the “Escrow Agreement"),is hereby requested to pay to the person or corporation designated below as payee the sum set forth below in payment of the acquisition and installation costs of the equipment described below,which equipment was ?nanced pursuant to that certain Lease-Purchase Agreement dated October 15,2026,by and between Lessor and Lessee (the “Lease").The amount shown below is due and payable under the attached vendor invoice(s)of payee with respect to the described equipment and has not formed the basis of any prior request for payment from the escrow account established under the Escrow Agreement. PAYEE: AMOUNT: DESCRIPTION OF EQUI PMENT: INVOICE #DATED: Indicate Method for Payment Disbursement: “Please note that there might be a fee charged for overnight delivery. This fee will be deducted from the escrow balance before disbursement is made. Title:Ci Mana er Name:Kevin Ho encam Title:Ci Mana er Assignee:Santander Bank,NA. By: Authorized Signer ACCEPTANCE CERTIFICATE Lessee hereby acknowledges receipt in good condition of all the equipment described above and included on the attached vendor invoice(s), hereby accepts such equipment,and hereby certi?es that Lessor or its assignee has fully and satisfactorily performed all covenants and conditions to be performed by it under the Lease with regard to such equipment,that such equipment is fully insured in accordance with Section 8.03 of the Lease and that such equipment constitutes all or a portion of the Equipment as that term as de?ned in the Lease. Equipment Acceptance Date: Lessee:City of Atlantic Beach Name:Kevin Ho encam Escrow Agreement -Exhibit A Lessee:City of Atlantic Beach VWreInstructions:Mailing Address: Agenda Item #8.A. 12 Oct 2026 Page 81 of 107 Page 82 of 107 AGENDA ITEM:APP26—0004(Appeal of a decision of the Community Development Board for variance ZVAR26-0015 at 1337 Estrela Lane) SUBMITTED BY:Amanda L.Askew,AICP,Plug.and Community Development Director CITY OF ATLANTIC BEACH CITY COMlVlISSION NIEETING STAFF REPORT TODAY’S DATE:October 2,2026 MEETING DATE:October 12,2026 BACKGROUND:The property owner,Lane Strumlauf (“Applicant”),has ?led an appeal of the ?nal decision rendered by the City of Atlantic Beach Community Development Board (CDB)on August 25,2026,regarding Variance Application No.ZVAR26—0015. Pursuant to Section 24—49of the City Code,a decision of the Community Development Board may be appealed to the City Commission by an adversely affected person. The Applicant seeks review of the CDB’s denial of a variance request associated with the construction of a screened enclosure around an existing swimming pool located on the subject property. The requested variance is from Section 24-151(e)(2), which establishes a minimum five (5)—footside yard setback for an :33: accessory structure.The %\Applicant seeks to reduce 1;. the required south side yard a setback from five (5)feet to / three (3)feet,constituting a reduction of two (2)feet,to accommodate the proposed pool enclosure. A duly noticed public hearing was held before the City of Atlantic Beach Community Development Board on August 25,2026.At the hearing,the Board considered the variance application,supporting documentation,applicable provisions of the City Code,and testimony and comments received from members of the public. Agenda Item #10.A4. 12 Oct 2026 Page 83 of 107 m |‘ {I Following consideration of the record presented at the public hearing,the Community Development Board voted 4-0 to deny the requested variance.In taking this action,the Board determined that the application did not satisfy any of the criteria for granting a variance set forth in Section 24—65(0)of the City Code. The property is developed with a recently constructed single—familyresidence that complies with required setbacks.Consistent with surrounding development,the rear yard contains a substantial conservation easement and associated buffer adjacent to Sherman Creek,which preserve the environmentally sensitive area and prohibit encroachment. As part of the home construction,the property owner installed a swimming pool permitted within five (5)feet of the side property line.The pool complies with the applicable setback. The applicant proposes to construct a pool enclosure around the perimeter of the existing swimming pool.Because the enclosure extends beyond the pool’s edge,it would encroach into the required five (5)-foot side yard setback.The applicant is requesting a variance from Section 24-151(e)(2)to reduce the south side yard setback for an accessory structure (pool enclosure)from five (5)feet to three (3) feet,a reduction of two (2)feet,to accommodate the proposed screen enclosure. Agenda Item #10.A4. 12 Oct 2026 Page 84 of 107 In 63.x my,a 50* ,H' m4.(.me 2 \s Qh?gm\m PETLAH‘D‘S)UNI ELEV «a... 'LA ./\IIL . ‘1‘..; 3 :(x . :1.11a.._. tel‘38 z..Liull.‘-a gig. at.0.».Cd E05». ‘97!!!8!.t. i 03..Kt?“ VLFLAM?W12 Location of pool enclosure SETBACK“) ?JGEOFDECK 3.:/3k; 6} Agenda Item #10.A4. 12 Oct 2026 Page 85 of 107 I _. I :II H.,I 'I I II H II I )I I u :H ‘1 ‘ - I ..II-i ':-, -I- I II I ._H ..I 'I l_“‘.r‘ -—r-''...I .I ._..II _.|':....I .*4 II I ;__._,"I I._II"; ' .l I 'HI "''‘V '-f I _ _-|-'-.. |.I .. >4 I I ANALYSIS:Before a variance can be granted,determine that the request is consistent with the definition of a variance in Section 24-17 and the requirements of Section 24-65.Variance requests are considered on a case-by—casebasis and must be supported by findings of fact.A variance provides limited relief from the strict application of Chapter 24 and may be subject to conditions imposed by the City. Consider the following six (6)grounds when determining whether the requested variance is justified according to Section 24-65 (f): (1)Exceptional topographic conditions ofor near the property. Applicant response: N/A (2)Surrounding conditions or circumstances impacting the property disparately fromnearby properties. Conservation area and large wetland buffer makes buildable area very small compared to overall lot size. (3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. N/A (4)Onerous effectof regulations enacted afterplotting or afterdevelopment of the property or afterconstruction of improvements upon the property. N/A Applicant response: BUDGET:None RECOMMENDATION:Review and vote on APP26-OO4 (an approval of the appeal would approve the variance (ZVAR25-0018)and a denial would deny the variance) N/A (6)Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. N/A (5)Irregular shape of the property warranting special consideration. Applicant response: Applicant response: Applicant response: Applicant response: Agenda Item #10.A4. 12 Oct 2026 Page 86 of 107 REQUIRED ACTION:The Commission may consider a motion to approve APP26-0004/ ZVAR16-0015,request for a variance to Section 24-151(e)(2),upon finding this request is consistent with the definition of a variance,and in accordance with the provisions of Section 24— 65,specifically the grounds for approval delineated in Section 24-65(f)and as described below: 1)Exceptional topographic conditions of or near the property. (2)Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3)Exceptional circumstances preventing the reasonable use ofthe property as compared to other properties in the area. (4)Onerous e?‘ectof regulations enacted afterplatting or after development of the property or afterconstruction of improvements upon the property. (5 )Irregular shape of the property warranting special consideration. (6)Substandard size ofa lot of record warranting a variance to provide for the reasonable use o ftheproperty. Or, The Commission may consider a motion to deny APP26-0004/ZVAR26-0015,request for a variance from Section 24-151(e)(2)upon finding this request does not meet any of the criteria set forth in section 24—65(1)nor is consistent with the definition of a variance. ATTACHMENT(S):Procedure for Appeals Appeal Application Section 24-151(e)(2)in the Land Development Code CDB staff report Variance Application CDB Meeting Minutes REVIEWED BY CITY MANAGER: Agenda Item #10.A4. 12 Oct 2026 Page 87 of 107 CITYOF ATLANTICBEACH PROCEDURESFOR APPEALS APPEALFROM DENIALOF VARIANCE BYCOMMUNITYDEVELOPMENTBOARD Pursuant to 24-49(b)of the Land Development Regulations (LDR)attached,appeals from a decision of the Community Development Board (CDB)may be made to the City Commission by any adversely affected person(s),or any officer,board or department of the City and must set forth how the decision being appealed is in conflict with or in violation of the LDR,in whole or in part,and specify the grounds of the conflict or violation.Appeals of a CD3 decision to the Commission are de novo,meaning that the appeal hearing proceeds from the beginning,as if the prior hearing at the CDB had not occurred. Quasi-judicial proceedings,such as rezonings,uses by exception,variances,waiver requests,and appeals are not controlled by strict rules of evidence and procedure,but certain standards of basic fairness must be adhered to in order to afford due process.In quasi-judicial hearings,the parties must be able to present evidence,cross-examine witnesses and be informed of all of the facts upon which the Commission acts.The hearing must be fair and impartial and contain the following requirements: °Notice per §24-51(k),LDR. 'Quasi—judicialhearings can be very informal.The record must be made at the hearing and the parties must be able to comment on the evidence or to introduce contrary evidence. 0 Written decision.The decision must be based on the record as it is produced at the hearing and should include an analysis of the applicable statutes,ordinances,regulations and policies as well as the facts. °Fairness protections require an unbiased decision maker and decisions are to be based on information presented at the hearing and made a part ofthe record. Su ested Procedure forA eal Hearin s: 0 Mayor to Open Public Hearing. -City Attorney -Procedural reminders/correspondence made part of record. 'Disclosure by the Commission members of any ex parte communications (per Resolution 95-26,each Commissioner must disclose the subject of the communication and the identity of the person,group or entity who made the communication before final action). 0 Staff presents an overview of the subject matter and timeline of the application and basis for decision by CDB. 0 Commission questions for Staff,if any. 0 Applicant,and/or representatives/legal counsel,if applicable,present the request and support for approving the variance request and Applicant’s witnesses,if any,make presentations. 0 Commission questions for Applicant/witnesses,if any. 'Public comments —3 or 5 minutes,depending on number of speaker cards submitted to Clerk. 'Closing comments/rebuttalby Applicant (may include cross—examination if requested). 0 Mayor closes Public Hearing. 0 Commission deliberation and action,based on provisions set forth in Section 24-65 (f),Land Development Regulations,Variances (attached),which will be memorialized in a written order. 0 Commission may approve,approve with conditions or deny the variance request. 'Per Section 24-65 (f),a variance may be approved if the Commission finds that one (1)or more of the following factors exists to support an application for a variance: (1)Exceptional topographic conditions of or near the property. (2)Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4)Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5)Irregular shape of the property warranting special consideration. (6)Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. Agenda Item #10.A4. 12 Oct 2026 Page 88 of 107 REFERENCEDCODE SECTIONS Sec.24-49.-Appeals. Appeals of administrative decisions made by the planning and community development director and appeals of final decisions of the community development board may be made by adversely affected person(s)in accordance with the following provisions.Appeals shall be heard at a public hearing within a reasonable period of time with proper public notice,as well as due notice to the interested parties as set forth in hereof.At the hearing,any party may appear in person,by agent or by attorney. (a)Appeals ofadministrative decisions of the planning and community development director.Appeals of a decision of the planning and community development director may be made to the city commission by any adversely affected person(s),or any officer,board or department of the city affected by a decision of the planning and community development director made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30)days after rendition of the final order, requirement,ruling,decision or determination being appealed. The planning and community development director shall,upon notification of the filing of the appeal,transmit to the city commission,all the documents,plans,or other materials constituting the record upon which the action being appealed was derived.A duly noticed public hearing,which shall be de novo,will be held by the city commission at a date and time set by the city manager or his/herdesignee,shall be scheduled within ten (10) business days from the date the appeal is filed. (b)Appeals of decisions of the community development board.Appeals of a decision of the community development board may be made to the city commission by any adversely affected person(s),any officer,board or department of the city affected by any decision of the community development board made under the authority of this chapter.Such appeal shall be filed in writing with the city clerk within thirty (30)days after rendition of the final order,requirement,decision or determination being appealed.The appellant shall present to the city commission a petition,duly verified,setting forth that the decision being appealed is in conflict with or in violation of this chapter,in whole or in part,and specifying the grounds of the conflict or violation.A duly noticed public hearing,which shall be de novo,will be held by the city commission at a date and time set by the city manager or his/herdesignee,shall be scheduled within ten (10)business days from the date the appeal is filed. (c)Stay of work.An appeal to the city commission shall stay all work on the subject premises and all proceedings in furtherance of the action appealed,unless the administrator shall certify to the city commission that,by reason of facts stated in the certificate,3 stay would cause imminent peril to life or property.in such case,proceedings or work shall not be stayed except by order,which may be granted by the city commission after application to the officer from whom the appeal is taken and on due cause shown. section 24— Agenda Item #10.A4. 12 Oct 2026 Page 89 of 107 .I u L I ',_.II N .I. II I I I I I I 'A . _I I : I |II ;III I"--' _I ,—— I V 'T I II ,_"I . I I y _h..l I I 'l '.I.;I I .n —I .L''2 II-.I .I..I I I 'I-_II I .1 IIII I 'I I I I II .| I II I I ...I . II." II.I I II _I III ,. -II II I _l Sec.24-65.-Variance. Sec.24-65.Variances. (a) (b) (C) (d) (e) (f) Authority.The community development board is authorized to grant relief from the strict application of certain land development regulations where,due to an exceptional situation,adherence to the land development regulations results in "exceptional practical difficulties or undue hardship"upon a property owner.Examples of land development standards for which a variance may be authorized include but are not limited to: 0 Parking standards -Driveway or drive aisle width 0 Setbacks -Landscaping 0 Fence height 0 Impervious surface -Lot width,depth,or area (provided the applicable required density is met) 0 Height of accessory structures Variances are not authorized to: 0 Increase maximum height of principal buildings as established for the various zoning districts 0 Increase residential density as established by the comprehensive plan 0 Modify the permitted or prohibited uses or any use terms of a property -Deviate or grant relief from the standards of article IV "Subdivision and Site Improvement Regulations -Deviate or grant relief from the development standards of a special planned area in accordance with division 6 Application.A request for a variance shall be submitted on an application form as provided by the city and shall contain each of the following: (1)A legal description of the property for which the variance is requested. (2)A reasonable statement describing the reasons and justification for the variance. (3)A survey or lot diagram indicating setbacks,existing and proposed construction,and other significant features existing on the lot. (4)The signature of the owner,or the signature of the owner's authorized agent.Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. Public hearing.Upon receipt of a complete and proper application,the planning and community development director shall within a reasonable period of time schedule the application for a public hearing before the community development board following required public notice as set forth in section 24-51.At the public hearing,the applicant may appear in person and/or may be represented by an authorized agent. Where an application for a use—by—exceptionis considered concurrently with an application for a variance,approval of the variance shall be contingent upon approval of the use—by-exception by the community development board.In the event that the use-by—exception is denied,any approved variance shall be rendered null and void. Grounds for approval ofa variance.Applications for a variance shall be considered on a case—by-case basis.Variances shall not be granted solely for personal comfort or convenience,for relief from financial circumstances,or for relief from situations created by the property owner.The community development board shall find that the application is consistent with the definition of a variance,consistent with the purpose and intent of this chapter,and that one (1)or more of the following factors exist to support an application for a variance: (1)Exceptional topographic conditions of or near the property. (2)Surrounding conditions or circumstances impacting the property disparately from nearby properties. I3\E\1r~r\y\§':nw\'\l h:rnlIMF+-\nnnr n»nltnn+:n?+1.".vnarnnnkln .u-n n5 Hun nan-again.a.-nr‘w‘n?vnrl +n n+l‘nnnnnnn u-+:,-..-:— Agenda Item #10.A4. 12 Oct 2026 Page 90 of 107 .= _._ I .I I._ m. I I ., I. .A.. I I _u _ | .. n—...MI Iau I a, I u_...n I nz..I. auu.I I I Ip ...I.. u_aaI..I..I unIvI (4)Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5)Irregular shape of the property warranting special consideration. (6)Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. (7)Those standards as may be set forth in the applicable section of this code where a variance is sought. In the event the community development board finds that none of the above exist,then the community development board shall deny the variance. (g) (h) (i) (l) 00 Conditions.In granting a variance,the community development board may prescribe appropriate conditions in conformance with and to maintain consistency with city Code.Violation of such conditions,when made a part of the terms under which the variance is granted,shall be deemed a violation of this chapter,and shall be subject to established code enforcement procedures. Approval oflesservariances.The community development board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. Nearby nonconformity.Nonconforming characteristics of nearby lands,structures or buildings shall not be grounds for approval of a variance. Waiting periodfor re—submittal.If an application for a variance is denied by the community development board,no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365)days from the date of denial. Time period to implement variance.Unless otherwise stipulated by the community development board,the work to be performed pursuant to a variance shall begin within twelve (12)months from the date of approval of the variance, The planning and community development director,upon finding of good cause,may authorize a one-time extension not to exceed an additional twelve (12)months,beyond which time the variance shall become null and void. (I)Transferability.A variance,which involves the development of land,shall be transferable and shall run with the title to the property unless otherwise stipulated by the community development board. (0rd.No.90-24-253,§3(Exh.A),10-14-24) Agenda Item #10.A4. 12 Oct 2026 Page 91 of 107 BSAOnline REQUESTFORAPPEAL03.3 I.2026 SIGNATURE AP REQUESTFOR APPEAL FOR INTERNALOFFICEUSE ONLY City of Atlantic Beach pERM|T# Community Development Division 800 Seminole Road AtlanticBeach,FL32233 $500.00ApplicationFee (P)904-247-5800 You must submitthis form at SITEINFORMATION ADDRESS 1337 Estrela Lane,Atlantic Beach,FL 32233 SUBDIVISIONselva Marina BLOCK LOT 1 RE#172564-0650 .RESIDENTIALDCOMMERCI AL DOT HERAPPLICANTINFORMATION NAME Lane Strumlauf EMAILlanestrumlauf@gmai|.com ADDRESS 1023 14th Ave N CITY Jacmnvme Beam STATEEZIPCODE 32250 PROPERTYLOCATION 1337 Estrela Lane,Atlantic Beach,FL 32233 PHONE#954-612-1619 CELL#same RE#172564-0650 LOT/PARCELSIZE 311105Sq ft ZONINGCODE RS-1 '‘I f '''ZVAR26-001 t'I'ffr S '-WHATISSUEAREYOU APPEALING?CDBs denra o vanance application 5 reques rng re re om ectron 24 151(e)(2) PLEASETELLUSIN DETAILWHYYOUAREAPPEALING: I am appealing the Community Development Board’5 denial of ZVAR26—0015 because material information relevant to the variance request was either presented inaccurately or was not presented to the Board at its August 25,2026 hearing.As a result,the Board did not have the bene?t of complete and accurate information regarding the property,the requested variance,and the circumstances relevant to the applicable variance criteria.I respectfully request that the City Commission consider the appeal based upon the complete and accurate information and supporting exhibits that will be presented at the appeal hearing. "In lieu of signed,sworn and notarized signatures of the property owner,agent and/orcontractor,and under penalties of perjury,|clar v d and examined the foregoing application and that the facts stated in it are true and correct." Lane Strumlauf 9/17/2026 PRINTOR TYPENAMEOFAPPLICANT DATE Agenda Item #10.A4. 12 Oct 2026 Page 92 of 107 ‘-i"”.IIJII‘T.L..4 MW," ...‘4‘“-5‘5“;31E"3231713?"‘“?:“ME. Location,size,and height.Unless otherWIse stated in this section,residential accessory structures such sheds,pergoias,screen enclosures and similar structures shaH meet the foilowing standards: (2)Shall be at least five (5)feet from interior (side and/or rear)lot lines. Sec.24-151.Accessory uses and structures. la) (b) (C) (0') (fl (g) (M Authorization.Accessory uses and structures are permitted within any zoning district,as set forth within this section,where the accessory uses or structures are clearly ancillary,in connection with,and incidental to the principal use allowed within the particular zoning district.Any permanently located accessory structure, which exceeds thirty (30)inches in height,also including without limitation,those which may not require a building permit,are subject to all land development regulations unless otherwise provided for within this chapter.Common accessory structures include,but are not limited to,sheds,detached garages,pergolas, screen enclosures and other similar structures. Temporary structures.Temporary structures,such as portable tents,canopies,awnings or other nonpermanent structures shall be limited to special occasion use only,and for a period of not more than ninety-six (96)hours,i.e.,four (4)days. Number ofstructures.Single-and two—familyproperties shall have no more than: (1)Three (3)total buildings,including the principal building. (2)One (1)shed. (3)One (1)detached garage,guest house,pool house,or similar structure. Residential,Selva Marina (R-SM)district.Allaccessory structures within the R-SM district,regardless of type or use of the structure,shall meet the following standards. (1)Shall not exceed fifteen (15)feet in height. (2)Shall not exceed one hundred sixty (160)square feet,except uncovered decks/patios and screen enclosures with a screen roof may exceed this square footage. (1)Shall not be located in the required front yard,easements,or drainage features. (3)Shall be at least ten (10)feet from corner side lot lines. (4)Shall not exceed fifteen (15)feet in height. (5)Shall not exceed one hundred sixty (160)square feet,except uncovered decks/patios and screen enclosures with a screen roof may exceed this square footage. Uncovered decks and patios. (1)There are no setback requirements provided the deck/patio is not greater than one (1)foot above the adjacent grade. (2)If greater than one (1)foot above the adjacent grade,the deck/patio shall comply with the yard requirements for the principal structure. Outdoor shower enclosures and open exterior stairs. (1)Shall be at least three (3)feet from interior lot lines. Separation. (1)Accessory structures shall be at least three (3)feet from another structure as measured from the eaves. Created:zaze-as-zs 11:16:34 [EST] (Supp.No.52) d5(e) Agenda Item #10.A4. 12 Oct 2026 Page 93 of 107 (i) (k) (2) (3) If located closer than five (5)feet to a principal structure,it shall be considered attached and comply with the yard requirements for the principal structure. These separation standards do not apply to screen enclosures,exterior stairs,outdoor shower enclosures,or uncovered decks/patios. (i)Detached garages,guest houses,and pool houses. (1)No more than fifteen (15)feet in height and at least five (5)feet from lot lines,except it may be constructed up to twenty five (25)feet in height provided it is at least ten (10)feet from the rear lot line. (2)No more than six hundred (600)square feet of covered area on the first story.This includes any portions of the second story that extend beyond the first story footprint such as decks, balconies,and similar structures. (3)May exceed the height and square footage requirements if the structure meets the minimum yard requirements for the principal structure. (4)A detached garage may contain guest quarters. (5)A detached garage must be accessed by a minimum ten (10)foot wide driveway. (6)A guest house or guest quarters shall only be used for intermittent and temporary occupancy by a nonpaying guest or family member of the occupant of the primary residence and shall not be leased or rented for any period of time or converted to a dwelling unit. (7)A guest house or guest quarters shall not contain a kitchen but may contain a kitchenette, as defined herein. Garage apartments. (1) (2) (3) A single garage apartment is permitted on double frontage lots that are at least fifty (50)feet wide and located within a residential zoning district. Shall not exceed twenty five (25)feet in height. Shall be at least twenty (20)feet from the front lot line,ten (10)feet from the rear lot line,and meet he applicable side yard setbacks established for the principal structure. (4)Shall be at least twenty (20)feet from the principal building. (5)The gross floor area shall not exceed seventy-five (75)percent of the gross floor area of the principal dwelling. (6)Shall not be rented or leased for less than ninety (90)consecutive days. Mechanical equipment. (1) (2) On lots that are within or adjacent to a residential zoning district,equipment such as heating and air conditioning units,pumps,compressors,pool equipment,generators,or similar equipment shall not be located in the required front yard or closer than five (5)feet from any lot line that is adjacent to a residential use.It is the intent of this provision to require placement of such equipment in a location that does not unreasonably disturb neighbors.This requirement shall not apply to replacement of such equipment lawfully installed prior to the effective date of these land development regulations. Within non-residential zoning districts,equipment shall be screened from view from public or private streets and parking areas. Created:2626-8846 11:16:34 [EST] (Supp.No.52) Agenda Item #10.A4. 12 Oct 2026 Page 94 of 107 (l) (m) (h) Skate park,skating,bicycle or similar ramps,for use on private property only,placed or constructed in fixed locations and made of wood,block,concrete or similar materials,provided that these are not located within required front yards or the street side yards on a corner lot.Due to excessive noise,which may result from the use of such ramps,time of use shall be limited to the hours between 9:00 am.and 10:00 pm.Such ramps shall be maintained in a safe and good condition and shall be disassembled and removed from the property if allowed to deteriorate to an unsafe or unsightly appearance. Sate/lite dish antennas. (1)Residential districts.Satellite dish antennas one (1)meter (39 inches)or less in diameter are permitted in residential districts. (2)Non-residential districts.Satellite dish antennas less than two (2)meters (seventy—eight (78)inches)in diameter are permitted in non—residentialdistricts. (3)Satellite dish antennas not described above are subject to the following standards: a.A building permit is required prior to installation. b.Shall not exceed twelve (12)feet in diameter. c.Shall not exceed fifteen (15)in height above adjacent grade. d.Shall be located in the rear yard and no closer than five (5)feet to any property line. e.Shall be limited to one (1)per residential parcel. f.Roof mounting is prohibited. (4)Satellite dish antennas shall not constitute the principal use of a property. Radio and television antennae.All outdoor radio,television and electronic antennae or antennae of any other nature constructed upon,affixed to,structurally repaired or altered upon,or otherwise emplaced to service or act in conjunction with the use of any property must comply with the regulations of this section and chapter unless preempted by policy established by the Federal Communications Commission (FCC). (Ord.No.90-24-253,§3(Exh.A),10-14-24) Created:2026-98-26 11:16:34 [EST] (Supp.No.52) Agenda Item #10.A4. 12 Oct 2026 Page 95 of 107 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT CASE NO.ZVAR26-0015 Request for a variance fromSection 24-15](e)(2)to allow a reduction in the required accessory structure side yard setback in order to construct a screen enclosure. LOCATION 1337 Estrela Lane (RE#172564-0650) APPLICANT Lane Strumlauf DATE August 20,2026 STAFF Tonya Robinson,Planner STAFF COMMENTS The applicant,Lane Strumlauf,is the owner of the property located at 1337 Estrela Lane (RE #172564-0650).The subject property is zoned RS—l (Residential Single-Family)and is situated at the terminus of the private Estrela Lane cul-de-sac, along the east side of the roadway. The property is developed with a single-family residence,which just ?nished.construction,with the required setbacks.Consistent with the surrounding development,the property contains a substantial conservationeasement and associated buffer area within the rear yard,adjacent to Sherman Creek.The conservation easement and buffer are characteristic of the development and serve to preserve the environmentally sensitive area along the creek and prohibit encroachmentinto these areas. As part of the new home construction,the property owner installed a swimming pool.The pool is permittedto be located within ?ve (5)feet of the side property line,and the meets this setback. The homeowners are now seeking approval for a pool enclosure.Because the proposed enclosure will be installed around the exterior perimeter of the pool,the enclosureitself will extend beyond the pool’s edge and,consequently,will be located less than ?ve (5)feet ?'om the side property line. n {W I‘ Agenda Item #10.A4. 12 Oct 2026 Page 96 of 107 y uPLANE’?BlFFE? .4;.uV 9m? VARIANCE RE UEST: The applicant is requesting variances from Section 24-151 (e)(2)of the City’s Land Development Regulations for a reduction in the accessory structure (screen enclosure)for the property located at 1337 Estrela Lane. The applicant proposes to construct a screen enclosure over the existing pool on the south side of the property located closer than the required ?ve foot accessory structure side property line.Therefore,the applicantis requesting a variance to Section 24—151(e)(2)to reduce the southside yard accessory structure (pool enclosure)setback to 5 feet to 3 feet,which is a reductionof 2 feet to allow for the building of the screen enclosure. “{9.492 ’tn.Elk- 51o mmwarm Vat x 6: Ema?C ‘ Kit)w «f:0.....M:Ruin.aan:8 “ll“0F AI.:,rqun. Page 2 of 4 1.4.. i .ECH 'rs snag-£3 ?’] 'W ran/5303 ma Agenda Item #10.A4. 12 Oct 2026 Page 97 of 107 I 3 Applicant response: Page 3 of 4 Sec.24-151.Accesso uses and structures re uirements: (e)Location,size,and height.Unless otherwise stated in this section,residential accessory structures such as sheds,pergolas,screen enclosures,and similar structures shall meet the following standards: (1)Shall not be located in the required ?ont yard,easements,or drainage features. (3)Shall be at least ten (10)feet ?om corner side lot lines. (4)Shall not exceed ?fteen (15)feet in height. (5)Shall not exceed one hundred sixty (160)square feet,except uncovered decks/patios and screen enclosureswith a screen roof may exceed this square footage. ORDINANCE AND ANALYSIS: Before a variance can be granted,the Community Development Board must determinethat the request is consistent with the de?nition of a variance in Section 24-17 and the requirements of Section 24-65.Variance requests are consideredon a case-by-case basis and must be supportedby ?ndings of fact.A variance provides limited relief from the strict applicationof Chapter 24 and may be subject to conditionsimposed by the City. The Board must consider the following six (6)grounds when determining whether the requested variance is justi?ed according to Section 24-65 (1). (l)Exceptional topographic conditions ofor near the property. N/A (2)Surrounding conditions or circumstances impacting the property disparately from nearby properties. Conservation area and large wetland buffer makes buildable area very small compared to overall lot size. (3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. N/AApplicantresponse: Applicantresponse: (2)Shall be at least ?ve (5)feel from imcrior (side and‘or rear)101lines. Agenda Item #10.A4. 12 Oct 2026 Page 98 of 107 N/A Applicantresponse: (5)Irregular shape ofthe property warranting special consideration (4)Onerous effectof regulations enacted afterplotting or afterdevelopment of the propel-(1'or afte rconstructionofimprovementsupontheproperty. N/A Page 4 of 4 (6)Substandard size ofa lot of record warranting a variance in order to provide for the reasonable use ofthe property. N/A RE UIRED ACTION The Community Development Board may consider a motion to approve ZVAR26-0015,a request for a variance from Section 24-151(e)(2),upon ?nding that the request is consistent with the de?nition of a variance and satis?es the applicable provisions of Section 24-65,including the grounds for approval set forth in Section 24-65(f). Applicationsfor variances shall be consideredon a case-by-case basis.A variance shall not be granted solely for personal comfort or convenience,to provide relief from ?nancial circumstances,or to provide relief from a situation created by the property owner.In considering the request,the Community Development Board shall ?nd that the applicationis: l.Consistent with the de?nition of a.variance; 2.Consistent with the purpose and intent of Chapter 24;and 3.Supported by one (1)or more of the factors identi?ed in Section 24-65(f). Based upon these ?ndings,the Community Development Board may approve ZVAR26—001 ,subject to any applicable conditions of approval. Or, The Community Development Board may consider a motion to deny ZVAR26—0015,request for a varianceto Section 24-151(e)(2)provided that none of the above exist. Applicantresponse: Applicant response: r Agenda Item #10.A4. 12 Oct 2026 Page 99 of 107 L 4%24/ *3}: BSAOnline 22 33 “(5+(so «A? LIN-4‘5 a CH61(02an LANQ SWQUMLAQF”Lame $1ROM m Wk .(s?l BLOCK#N A CITY STATE ZIPCOD VARIANCE APPLICATION FORINTERNALOFFICEus:ONLY City of Atlantic Beach pERMIT# Community Development Division 800 SeminoleRoad AtlanticBeach,FL32233 $500.00ApplicationFee (P)904-247-5800 You must submitihi sformat ma 51¢04W?232E: SIGNAT REOF PPLICANT VARIANCEAPPLICATION03.31.2026 PRINTORTYPENAMEOFAPPLICANT D A LOT/PARCELSIZE ZONINGCODE UTiLITYPROVIDER JCA COMPREHENSIVEPLANFUTURELANDUSEDESIGNATION PROVISIONFROMWHICHVARIANCElS REQUESTED5cm P1 QNCAFSJ ‘U‘IN?‘0 ‘3 ’FH: (Amoeba 906 72M Saé’éié HomeownersAssociationor ArchitecturalReviewCommittee approvalrequiredfor the proposedconstruction DYESI:N0 (if yes,this must be submittedwith any applicationfor a BuildingPermit) Statement of facts and site plan related to requested Variance,whichdemonstrates compliance with Section 24-65of the Zoning ,Subdivisionand LandDevelopment Regulations,a copy of whichis attached to this application.Statement and site an must cleari describe and de ict the Variance that is r uested. PROVIDEALLOFTHEFOLLOWINGINFORMATION (all informationmust be provided beforean application is scheduled for any public hearing): 1.Accurate,to-scale boundary survey prepared by a registered land surveyor withinone year of the date of submissionthat showsthe locationof all existing improvements. 2.Survey,plat or new site plan showingall proposedadditionsand/or improvementsadded to the drawing,to scale(on 11"x17” paper or smaller). 3.Proof of ownership (copy of deed or current property tax noti?cation). 4.Copyof any previousvariance and/or Conditionaluse approvalletters. 5.If applicantis not the owner,notarized Mitten authorizationfrom owneris required. "In lieu of signed,sworn and notarized signatures of the property owner,agent and/or contractor,and under penalties of perjury,Ideclare at I have read and examined the foregoing application and that the facts stated in it are true and correct." APPLICANTINFORMATI CELL#PHONE#PROPERTYLOCATIO LOT# 105‘6sz 59%-’0990 ADDRE EMA Agenda Item #10.A4. 12 Oct 2026 Page 100 of 107 LA¢C1 m {mar—Am The following paragraph sets forth reasons for whlch a Variance may be approved,please check the circumstances that apply to your request and briefly describe them in the space provided. Grounds for approval of a Variance:A Variancemay be granted at the discretionof the Community DevelopmentBoard,for the following reasons. D1'.Exceptionaltopographicconditionsof or near the property. .2.Surroundingconditionsor circumstances impacting the property disparatelyfrom nearby properties. (ates aware mz +b w“(‘4 9~>lk§7A3LE AWL/k v’iE?-‘fSMLL,coMfW ’2:Carma.L07 sx-ZQ D3.Exceptionalcircumstancespreventing the reasonableuse of the property as comparedto other properties in the area. D4.Onerous effect of regulationsenacted after plotting or after developmentof the property or after constructionof improvements upon the property. j 5.Irregularshape of the property warrantingspecialconsideration. El6.Substandardsize of a Lot or Recordwarranting a Variancein order to providefor the reasonableuse of the property. 3.Approvalof a Variance.To approve an applicationfor a Variance,the CommunityDevelopmentBoardshall find that the request is in accordance with the precedingterms and provisionsof this Section and that the grantingof the Variance will be in harmony with the Purpose and Intent of this Chapter. b.Approvalof Lesser Variances.The Community DevelopmentBoardshall have the authority to approve a lesser Variance than requested if a lesser Variance shallbe more appropriatelyin accord with the terms and provisionsof this Section and with the Purpose and intent of this Chapter. c.Nearby Nonconfonnity.Nonconfomiing characteristics of nearby Lands,Structures or Buildingsshall not be groundsfor approva lofaVariance. d.Waiting period for re-submittal.Ifan application fora Variance is denied by the Community Development Board,no further action on Anotherapplicationfor substantiallythe same request on the same property shall be accepted for 365daysfrom the date of denial. e.Time period toimplement Variance.Unlessotherwise stipulated by the Community Development Board,the work to be performed pursuant to a Variance shall begin withinsix (6)monthsfrom the date of approvalof the Variance.TheCommunity DevelopmentDirector,upon finding of good cause,may authorize a one-time extension not to exceed an additional six (6) months,beyond which time the Variance shall become null and void. f.A Variance,whichinvolves the Developmentof Land,shall be transferable and shallrun withthe title to the Property unless otherwise stipulated by the Community Development Board. VARIANCEAPPLICATION03.3 I.2026 Agenda Item #10.A4. 12 Oct 2026 Page 101 of 107 mayauuong OB COP W‘IDW £5“?!va AVPROVED max Mike Jones OWE/202544052P A? LANEdi Lo ATL 5|SEI'WD‘TD .MEOFDBC an. Existing: Total Lot:31145 SF House:3419 SF Front Porch:192 SF Driveways:630 SF Lanal:468 SF ServloeSlabs:30 SF Total:4739 15.2% Proposed: Total Lot:31145 SF House:3419 SF Front Porch:192 SF Driveways:630 SF Lanai:468 SF Service Slabs:30 SF Pool!Spa:233 SF Pool Deck:57 SF Total:5029 16.1% N‘Q,t .m?fwmm.Ezorhbhmm LOBSERVA'IIO!‘ AREA PEWULE WWW macs}? __ .4a.Mw.mmhM10“.$93...2. 532' ‘.n.h RF?1.:‘5... u a...2{c.931‘ 6.duh...» IIIIIIduill‘PHI, N 72 '03'25 "W 80.00’ EITE PLAN SCALE 1‘=lO'—O' mm mm New -Handhddsare notneededparade 11.1.1.3 Iaanersand stairs and underwatersalts orseats Hananoldsnay Includebut are mt llmltedin any one or ambima?nn of Items land in 17.1.1.1?1rw9h17.1.1.5 -AIIsuepsentyingaemng pool/mam mt exceed 12"maximm -51:de measuredIn Wm Agenda Item #10.A4. 12 Oct 2026 Page 102 of 107 ru n “ so .5 1 . ; £3 8 . . a.1 . 1. : :g i r l i o 6- 4 yr . 3. 5 . 3 52 . gi f t } . 0 II I “ ? «5564»..104m m u_ . _ . z < . _ . _ . < __M>Mmmmwi 45 4 m m _F0 4 n.5(423?rrm{mm j m i u MZ J J 10Lquun—?ul 10 . 5 3 0 qu ( .m . ,5 . ”A r t , “ cf 5‘ 3" " mM 1. : - um ”? u - Dz u z m m ? >5 5 “ 95 ‘ mm m u u w En s . Sm E Q k ??bnlmg?nm.11h...”1.5..iozu??4..Ba«uJuan}...:5...inland..r..E_usans!-mn=(._.?n_02.12.:5.1lei-lLL..l_°_\r.5...b.E35.35.54 .9 9 g HO32.589.593..=(.I37.59.«2953o_(z.3§<?m§$§ ZJ J l mt m 32E0”st-auto20:13wag9:59am_:tlnnlEdging211:02—12gr...32%Raga?aa..89.$38 . $2 0205.):EOE3..20F<§EOE”83.g_39.3zit100.....51...._(hnunmmsmm?.ESis:Uri\Ea“>00_0h3ma?awusuwmk5g-$25"$2.16.!“L0.rmjMW“xao??h?kmBB952%5!!”awgwéw?wWmini-Filligi...”M93BEN.33“.Ennnnnnn,iulm2v4(q m t h m m i?l.il§m$25“NEEV—Inulls-z-.lll?u.elmM9WSi!§!lni§§§i$HXi“_—?H3.Eniu?zhl.illdln®—&”a;nVm?llllllsill®1..1!.8mg.vHEE..H.mm“II _3m5".3I II a. Mm—us...D.3_mvm_1:,E1T:mumMn...........E"Hm9.n...7.NV...f9?.,.II: N N5.. /_ /. 9 .9p... . 0. m _. . r. l... ‘ .. . . m ‘ E F m W .s h m 9 . .3n9slim!In?!:75!El31!:all}:all...18!)».3!$7.05; gr a n “ . ‘ gu a r d . in . LA » - Ag e n d a I t e m # 1 0 . A 4 . 12 O c t 2 0 2 6 Pa g e 1 0 3 o f 1 0 7 '1- Li!*7 Primary Site Address Of?cial Record Book]Page Tlle #SI'UMLAUFLANE13:7esrRELALN 1337 ESTRELALN 21152-01055 9415 ATLANTICBEACH FL3223}Atlantic Bead1 FL 32233- STRUMLAUFMELISSA 1337 ESTRELA LNREEBEYQEth....1-___,-_.Value Summa ..--____ |n:#‘jyzsmeso Meagan-51:320.-.-._..__ema-1mm 'TaxDish-lg:'“I0535"2--''I ._.““2521191"..I9341... ee'w?—?‘?mv‘engdowm . _.._1o1=g_su?di-ruee I19-99"-.-40-00 {again};'__..-“ITWM ' _-?‘?’??i‘mp?o 7..__I*°-°° '-...,...._...-_ .1 .---n—:-—‘_—_ILesa.new For fulllegal description see - 1-529%???)1i§?°e°99199.§§99'9.°_°_-9° -_________Land_&Legalsection below ____W37;3%,-1 $0.00 1 5290000041 ______I07051 SELVAPRESERVE11 ~ __Ju_s_t_gna?rerLVaiuef{@91999'L.__I1530,000.00_gTotal Area 31105 Assessed Value $503,000.00 I$000,000.00 The saleof thls property may resultin higher property tam.For moreInformationgo to M £33 Biff/[?ab?iw N1“:.$919919er ..I(39-99(3009'.gum and our mm.'In Progreee'property values,exemptions and Exemption;l $0.00 ISee below ’ other supporting informationon this page are part of the workinglax roll and are subject to w~m¥3~w -"--—-' Taxable Valli?j‘$600,000.00 See belowchange.Certi?ed values listed In the Value Summary are those certi?ed in October;but may ..._ includeany of?cial changes made afaer certi?iah‘on WW ualus ng?. Taxable Values and Exemptions -In Progress .. If there are no exemptions appll-ble to a taxing audioritv,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/MunicipalTaxableValue SJRWMD/FINDTaxableValue ‘School Taxable Value No applicable exemptions No applicable exemptions No applicable exemptions Sales HistoIBook/Page .Sale Date ISale Prloe Deed Instrument Typecode guillgglynguall?ed ZVacant/Improved I2M5;I8/9/2024 I$700,000.00 IM)-Warranty Deed ''Quali?ed V IVamnt IW I5/20/2021 I$1,750,000.00 Iwo -Warranty Deed Unquali?ed Vaiznt IW I5/17/2021 I$1,000,000.00 Iwo -Warranty Deed Unquali?ed Varant IW I8/30/2D18 I$100.00 IPB -Plat Book Unquali?ed IVacant 4‘5312.59.3tum’‘.___.__...ILN Ifeapgggggg Feature Description IBldg.ILength Width Total Unirs IValue I1 IFPGR7 IFireplace Gas I1 I0 o 1.00 I50.00 Land &Legal'Limll ’ILeal |‘Zoni ,Land Lug Land LN al Deal onIL"iewe IUse ”Mum“ . ?g“:antIDem WWIunits m val"?I1 II7415- 9183 16-25- 25I1I0100I255"D 3'7 UNITSPER ARS-1 80.00 I0.00 Common 1.00 ILot $500,000.00II2ISELVAPRESERVEn ‘'I3 ILOT 1 Buildings Building1EE'III'EREWU'Z?‘Element 3Code ;Detail , AuanucBeachFL32233-IExterior Wall I0 Ia HorlzontalLap I IIRoo‘fStrucl:I3 Issabieorl-np I I i _‘rn..:la:__1-1.-..—1 m 11 .21:0 r1 0:1:1 I I Roo?ng Cover 1-)I12 ModularMeml I I__' "r—_|_'I Interior Wail Is Drywall I I LLIf"!1‘ 1Buili?nsValue lrit Flooring I12 Hardwood I -.,I'°‘IL101J' ?jintFlooringI11I11CarClayTileIIhy?j "' nus 22:5 "negro motive Heating Fuel I4 I4 Electric I 1 .Heating Type I4 I4 Forced-Ducted I aim“540 o 139 Air Cond ’;3 I3 Central I BaseArea 2594 2594 2594 am Icm Dem.e I5:13:11?”PP“1611 1511 1530 IBaths 5.000 I IFinishedGarage550027sIBedroomsI5.000 I minedOpen 192 0 50 IStories .I2.000 I IIRooms]Units I1.000 I ?nished Garage 275 0 138 Total '5752 4205 4704 Agenda Item #10.A4. 12 Oct 2026 Page 104 of 107 compensatory storage required would then be for the volume displacedby the structural elements.Director Askew con?rmed that this was essentially correct. Haynie stated he was inclined against approval,reasoning that while unique circumstances exist,he was not convinced they are unique to this particular lot versus the broader street.He was troubled that only one plan had been presented —one seeking a larger house and pool —-rather than alternative designs exploring reduced coverage. He cited the variance ordinance‘s prohibitionon granting relief for situations created by the owner‘s own choices and suggested the applicant was limiting its own options. However,he was sensitive to the fact that denial would preclude the applicant from returning for one year,which he acknowledged made the decision more consequential. Chair Hansen stated that the city engineer had not signed off on the proposal as being sound,and expressed concern about waiving requirements given existing ?ooding conditions in the broader area of old Atlantic Beach.He indicated he was not prepared to approve a variance without engineering endorsement. Moody expressed the board's need to be cautious about approving construction that would exacerbate ?ooding,noting that he had personally walked the adjacent park and observed that the boardwalk immediately behind the property was one of the lowest,and wettest points on the path.He agreed with concerns about precedent but indicated he would be willing to hear a revised plan from the applicant. At this point,the applicantrequesteda deferral to allow an opportunity to revise the plans and present altematives. JMOTION:To DEFER ZVAR26-0014. Motion:Rick Ferrin Second:Doug Moody .Motion passed 4 In 0. B.1337 Estrela Lane ZVARZG-OOIS (Lane Strumlauf) Request for a variance to Section 24-15](e)(2)for required accessory structure side yard setbacks to construct a screen enclosure. Staff Presentation Director Askew presented this item.The property is located at the terminus of a private cul-de—sac,Estrela Lane,on the east side of the roadway and is the northernmost home in a small subdivision.it is zoned RS—l(Residential Single Family)and is a newly constructed home approaching a certi?cate of occupancy.A substantial portion of the subdivision,including the rear of the subject property,lies within a conservation easement and buffer area adjacent to Sherman's Creek. The applicant constructed a pool permitted to be within ?ve feet of the side property line, which is the allowable setback for accessory structures.Subsequently,the applicant Community Development Board (CDB) August 25,2026 Agenda Item #10.A4. 12 Oct 2026 Page 105 of 107 .-I . I -I -‘_,I ...[r ..I I V ,.._.I _ u -I -I ..I ~I ma;..v -'II \V I-, I _H _..w,L .I .....V ~I V ‘I .....'I-'.I --:..,-u . A7.I » --|..-_'~' V 4 I .,II -..x ’ I I I -,.I -— V _”I I -'I I .I I-‘III a ,I”. .I_,.J .I-I.I . V I I I“_Y.I .-,.V I._I .-I _-,.. ‘I‘L‘-. sought to enclose the pool with a screen enclosure.Because the pool's edge and the surrounding pavers are already at the ?ve-foot minimum setback,the screen enclosure structure itself would encroach into the required setback.The request is for a variance to allow the screen enclosure to be constructed within three feet of the side yard—3 two— footreductionfromtherequired?ve feet. Director Askew reminded the Board that approval requires ?nding that one or more of the six criteria in Section 24-65(f)are met. Applicant Presentation Homeowner Melissa Strumlauf appeared and introduced their contractor,Ryan Pahlow of Coastal Oaks Construction,spoke on the project’s behalf.Pahlow explained that the pool’s location between the house foundation and the buildable area was constrained by pier footings for the roo?ine of an adjacent outdoor living walkway,and that the angle of structural repose around those footings pushed the pool toward the south property line. The screen enclosure as currently configured would sit almost directly on the waterline of the pool’s south edge,leaving no room for egress.The request to extend the enclosure two additional feet into the setback is speci?cally to provide a deck area along the south side that would allow safe egress from the pool in an emergency.Pahlow also noted that the property’s rear is entirely wooded.making an unscreened pool area impractical. Board Discussion Haynie asked directly why the screen enclosure was not incorporated into the original construction plans.Pahlow acknowledged the question as fair,attributing the oversight to the complexity of ?tting the pool into the constrained geometry of the lot — particularly given the pier footings —and the assumption that an enclosure would fit within allowable limits.Moody echoed this concern,stating that if the intent was always to have a covered lanai,the pool should have been designed two to three feet narrower to accommodate the enclosure within the required setback.He expressed sympathy but characterizedthe situation as a design ?aw rather than a qualifying hardship. Ferrin agreed that,reviewing the six criteria under Section 24-65(f),none appeared applicable to this case.Chair Hansen noted that one possible argument could be made under the criterion regarding chronic cenditions or circumstances impacting the property disparately,given that the buildable area of the lot is compressed by the conservation easement in the rear ——though he acknowledged this was a stretch.No member found compelling grounds for approval. MOTION:To DENY ZVAR26-0015 on the basis that none of the grounds for approval were applicable. Motion:Jeff Haynie Second:Rick Ferrin Motion passed 4 t0 0. Community Developmem Board (CDB) August 25,2026 Agenda Item #10.A4. 12 Oct 2026 Page 106 of 107 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Consideration of Canceling the November 23,2026,Regular Commission Meeting SUBMITTED BY:Kevin Hogencamp,City Manager TODAY’S DATE:October 6,2026 MEETING DATE:October 12,2026 EXECUTIVE SUMMARY I request the City Commission consider canceling its second regular meeting of November, scheduled for Monday,Nov.23,2026.This cancellation aligns with Thanksgiving week,planned administrative leave,and the transition window following municipal election certi?cation. Granting this request will also serve as a trial run for an upcoming proposal to consider permanently canceling the second regular meeting in July and exploring a similar pattern for alternating Novembers. FISCAL IMPACT ‘nc COMMUNITY OUTREACH Website,news release and social media. RECOMMENDATION Staff recommends that the City Commission cancel the regular meeting scheduled for Monday, November 23,2026. REVIEWED BY CITY MANAGER: None Agenda Item #10.B. 12 Oct 2026 Page 107 of 107