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12-12-94 v ATLANTIC BEACH CITY COMMISSION DECEMBER 12, 1994 AGENDA Call to Order Invocation and pledge to the flag 1 . Approval of the minutes of the Regular meeting of November 28, 1994 2. Recognition of Visitors 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. 3. Consent Agenda: a. Acknowledge receipt of Code Enforcement activity report for the month of November b. Acknowledge receipt of Building Department activity report for the month of November c. Acknowledge receipt of recreation facilities usage report for the month of November d. Reject all bids received under Bid No. 9394-14 for additions and remodeling of the Public Safety Building 4. Committee/Board Reports: a. Report from Recreation Advisory Board 5. Action of Resolutions: a. Adoption of Resolution No. 94-52 recognizing Claudie Hogans on the occasion of his retirement from city employment 6. Action of Ordinances: a. Public Hearing and final reading of Ordinance No. 10-94- 19 amending Section 3-11 of the Code of Ordinances to amend the regulations for consumption of beer and wine on public property b. Introduction and first reading of Ordinance No. 55-94-28 rewriting Chapter 16 of the City Code to provide for a franchise for the collection of solid waste in Atlantic Beach Page Two AGENDA December 12, 1994 c. Discussion of Ordinance Nos. 80-94-54 and 25-94-16 establishing conditions for the connection of water and sewer service to rental properties (Comm. Shaughnessy) 7. New Business: a. Authorize purchase of tractor loader backhoe under State Contract at a cost of $40, 507.00 b. Discussion and related action relative to DEP permitting requirements in connection with the installation of a 6" force main under Puckett Creek c. Discussion and subsequent action relative to the salary of the City Clerk (Comm. Shaughnessy) d. Authorize purchase of Kawasaki motorcycle under Bid No. 9495-4 8. City Manager Reports and/or Correspondence: a. Report and/or action on FY 1994/95 Community Development Block Grant contract 9 . Reports and/or requests from City Commissioners, City Attorney and City Clerk: Adjournment 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 who wishes to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. Forms are available at the entrance to the Commission Chambers for your convenience. MINUTES OF THE REGULAR MEETING OF MANTIC BEACH CITY COMMISSION V V MD IN CITY HALL, 800 SIIMIdOLE ROAD, AT 7:15 P. M. ON MONDAY, -3CEMBER 12, 1994 O T T T E E PRESENT: Lyman T. Fletcher, Mayor D D Steve Rosenbloom Suzanne Shaughnessy J. Dezmond Waters, III, and M S Robert G. Weiss, Jr. , Commissioners 0 E T C AND: Kim D. Leinbach, City Manager I 0 Y Alan C. Jensen, City Attorney NAME OF 0 N E N ' Maureen King, City Clerk COMMRS. N D S O ' The meeting was called to order by Mayor Fletcher. The invocation was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of November 28, 1994 ROSENBLOOM X X Notion: Approve minutes of the regular meeting of WATERS X November 28, 1994 WEISS X X FLETCHER X The motion resulted in a vote of 4-0 (Commissioner Shaughnessy was not present at the time of the vote) . The motion carried. 'o mtussioner Shaughnessy joined the meeting at 7:30 p. m. 2. Recognition of Visitors; J. P. Marchioli, 414 Sherry Drive, indicated he had received information via the mail with reference to the Environmental Restoration program of the Mayport Naval Station. Kim Leinbach, City Manager, explained he had been working with the Naval Station on the Restoration program and it was their intent to make Mayport one of the cleanest, best stations in the country. It was explained there would be a meeting Tuesday, December 13, 1994, at 6:30 p. m. , at Fletcher Senior High School. Mayor Fletcher asked Commissioner Waters to attend the meeting on behalf of the City. Mayor Fletcher presented the keys to the City to visitors from Croatia who had visited the City of Atlantic Beach through a program of the University of North Florida. The visitors explained their function in their home governments and reported concerning their experiences in the United States. 3. Consent Agenda: a. Acknowledge receipt of Code Enforcement activity report for the month of November b. Acknowledge receipt of Building Department activity report for the month of November c. Acknowledge receipt of recreation facilities usage report for the month of November ... Reject all bids received under Bid no. 9394-14 for additions and remodeling of the Public Safety Building Minutes, Page 2 December 12, 1994 V V NAME OF Commissioner Weiss requested that Items a, b, and c be removed f •,u COMMAS. MSYN a. Acknowledge receipt of Code Enforcement activity report for the month of November Commissioner Weiss asked Don Ford, Building Official, to give a brief explanation regarding a lien against property located at 91 Donner Road in the amount of $4,500, to which Mr. Ford explained this was a demolition of a house that had been condemned by the City. b. Acknowledge receipt of Building Department activity report for the month of November Commissioner Weiss commented on the excellent growth in the community which was indicated in the Building Department activity report for the month of November. c. Acknowledge receipt of recreation facilities usage report for the month of November Since Carl Walker, Beautification Coordinator, was not in the audience Commissioner Weiss deferred discussion relative to the recreation facilities usage report. ROSENBLOOM X SHAUGHNESSY X Motion: Approve passage of the Consent Agenda WATERS X X WEISS X X The question was called and the motion carried unanimously. FLETCHER X The Recreation Advisory Board was asked to meet concerning receiving bids on the the Jack Russell Park building. If necessary, it was decided to have a special commission meeting to act on the matter. 4. Committee/Board Reports: a. Report frau Recreation Advisory Board Cynthia Corey, Chairman of the Recreation Advisory Board, reported tree lighting ceremonies were a success. Next year, she advised, there may be one tree lighting ceremony, only. She explained one ceremony would bring the community together at one activity. She reported there would be a written report later. Mayor Fletcher asked that the Parks and Recreation Advisory Board make recommendations regarding use and maintenance of the parks. 5. Action of Resolutions: a. Resolution No. 94-52 - Recognizing Claudie Hogans on the occasion of his retirement. ROSENBLOOM X SHAUGHNESSY X X 4ayor Fletcher presented in full, in writing, Resolution no. 94-52. WATERS X X FLITS X Motion: Approve passage of Resolution No. 94-52 FLETCHER X ' (T) WO-73 „bZT„ &ITNztgs pagsabbns aq pup '% ZT anoge a.IBM SeUTM Aura pagPOTPUT pue TT-E uoTgoas aopun (T) Og patta3at stagpM tauoTss „ •paTTP3 uoTgotu agI •APu buTgon tagogaT3 .IoApw pup 'SSTaM pup 'StagpM 'urooTquasog StauoTsszunrro3 tlgTM 17-T uT paJTnsa.I agon attg ptm PSTTPo SPM uoTgsanb atlg 'uoTssnosTp 3a43v X 2ISHDZ2'Ii X SSIHN (Z)TT-£ uoTioes uT uquglu Plan PPE PP TT-£ X • X SNHIVM uOT nes 3o ({,) uT uaTgeuoseaz„ paomo anouraj :uoTgau papuatuv x x ASSJNH0f1VHE X WOO MNSO „•alq�uos�at„ p.IOM atrg buTnoruat pagsabbns aus „•sguapTsat sgr pup Agzo am 3o sgsataguT gsaq atlg goagotd og tabptmw A.TD am Aq AtPSSaoau pauiaap suoT;Tpuoo aTgPUOSPat Atm ITITM ATduroo og saa.Ibp gueozlddP atJ,,, (7) uozgoas og poaaa;at Assaugbnegs aouoTssTunrrD -stoop 3o ;no paunzsuoo aq Atiu auTM pup taaq 'JPA 1PpuoTPo auo Atm UT STPAT SO3 (V) tno3 og do to3 qpm. gdaoxa 'spa/E. 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Aq papToap aq pinogs sguana 3o taqumu atig Og SP UOzgaIOSTp to 'paspatouT aq pinotls sguana 3o taqunlu am. gla3 'anuanV goPog 9ZTZ a alnl ULM •aouaTpnP a l urot3 sguaunuoo pagTAuT pup buttpaq oTTgnd p to3 tooT3 alp pauado aH •sguauratznbat tagxtu tflTM DDUPpt000P UT pagsod uooq bUTAPu aatmuTpto pTPs '6T-t'6-0T •ON aouPuTpt0 'buT4T1M uT 'Tin; uT 'paguasatd aegog0T3 toApw 'HIVU attualma NFI ` NIOIAOHd aNy 'NC)I WOSM:D MOS 2IQ!I S1LI141I L ONIBSrTSH 'ISR9VNMN AMID 3SL woua NOISS]3 12d SLIM AZ l dUld DI'ISOa NO 3NIM MN ?ECM JO NOIJ4W1SNOD MOTIK QL SEONVNIOHO 3O MOD 3SL JO TT-E ▪OQS SNIONHNV i valva L3 'IL7tfI DILNVLLV JO Ate) 311.1 JO 3DNVNI@IO NV T r H DT-Mud - 61-176-0T 'oN aoueuTtu0 'p :sa3UUUTRIO JO u0?-40V '9 'AgTD alp to3 ouop psq oq qo[ auT3 atig uo uTq paguaurgduroo pup stmboH OTpnPID og urso3 anbbTd uT uoTgnTosat am. paguasatd tagogaT3 toAw •ATsnou1Ttmun paz.IIo uoTgau OUJ •agon atlg ato;aq uoTssnosTp ON N A S N 'SUNNOD 30 3NVN A A 1766T 'ZT taquraoaQ c abpd 'sagnui Minutes, Page 4 December 12, 1994 V V NAME OF COMMRS. MSYN SHAUGHNESSY X After discussion, the question was called and the vote resulted in WATERS X X 4-1 with Commissioner Weiss voting nay. The motion carried. WEISS X FLETCHER X Commissioner Rosenbloom suggested striking "four (4) " festivals from (2) under Sec. 3-11. ROSENBLOOM X SHAUGHNESSY Motion: Strike "up to four (4) festivals," and replace with WATERS "special festivals," in sentence (2) under Sec. 3-11 WEISS FLETCHER Motion died for lack of a second. ROSENBLOOM X X Motion: Strike "up to four (4) festivals," and replace with SHAUGHNESSY X "up to eight (8) festivals." WATERS X WEISS X During discussion, David Thomson, Chief of Police, was asked to FLETCHER X X comment relative to the number of festivals per year and if increasing the number would affect the Police Department, to which he replied that the number of festivals would have no affect on how the Police Department would enforce the ordinance. During discussion concerning the groups that would be allowed to have festivals, it was decided the City Manager would use his best judgement as to the groups to be authorized to have festivals. after discussion, the question was called and the vote resulted in 2-3 with Commissioners Shaughnessy, Waters, and Weiss voting nay. ROSENBLOOM X The motion failed. SHAUGHNESSY X WATERS X X Notion: Approve passage of Ordinance No. 10-94-19, as amended WEISS X X FLETCHER X The question was called and the vote resulted in 4-1 with Commissioner Rosenbloom voting nay. The motion carried. b. Ordinance No. 55-94-28 - First Reading Mayor Fletcher presented in full, in writing, Ordinance No. 55-94-28. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, REWRITING IN ITS ENTIRETY CHAPTER 16, SOLID WASTE, AND PROVIDING AN EffECTIVE DATE. ROSENBLOOM X Motion: Approve passage of ordinance No. 55-94-28 on first SHAUGHNESSY X reading and set public hearing for January 9, 1995 WATERS X X WEISS X X Commissioner Shaughnessy referred to Section 16-2, Solid Waste FLETCHER X Collection. She made specific reference to the following sentence "All yard trash shall be picked up and disposed of at least once each week." She inquired as to what was included in the bid specifications and it was explained this language spoke to yard trash only, and the bid specified pick up would be two days per week. Minutes, Page 5 December 12, 1994 V V NAME OF COMMRS. MSYN •uu' ' ••- •_ ...- - - =- - - '-• -- - ---- - - containers. She made specific reference to the following sentence "No garbage shall be collected unless it is placed in a closed garbage container." She inquired if items would be picked up if they were not placed in a closed container, to which it was explained the language referred to garbage, only, and that other items could be placed by the curb. It was explained a plastic bag would be acceptable. Reference was made to additional language indicating a closed container had to be used, and staff was asked to provide specific language indicating the instances in which a closed container would not have to be used for certain items. Reference was made to Section 16-8, Fees for collection, and an inquiry was made as to when the fees would be placed in the ordinance, to which it was explained the rates had not be indicated because the contract had not been signed. Reference was made to Section 16-3, Garbage and trash containers (b) and a question was asked regarding the placing of garbage cans at the curb and it was brought out that in certain parts of the City this would be difficult because the sidewalk was small, to which it was explained that if there was a hardship the Director of Public Works could waive the requirement of placing cans at the curb. It was also explained that whatever system residents had used for placing garbage cans in the past would continue to work in the 'Lure. Jim Jarboe, Deputy City Manager, explained the level of service of garbage collection would not be changed. Reference was made to Sec. 16-14, White goods: Procedure and fees for removal, and it was questioned whether or not there was a fee for pick up of white goods, to which it was explained there was no fee for pick up of white goods at the present time, but that in the event a fee was charged some time in the future, the matter would be addressed in the contract. John Meserve indicated he had a contract for private pickup for an apartment complex and he wanted to be sure that the proposed ordinance would not prohibit such an outside contract. Mr. Meserve was asked to meet with the City Manager regarding the matter. The question was called and the motion carried unanimously. c. Discussion of Ordinance Nos. 80-94-54 and 25-94-16 establishing conditions for the connection of water and sewer service to rental properties Mayor Fletcher advised ordinance Nos. 80-94-54 and 25-94-16 were not on the agenda for action, but that the language contained in the -rdinances had been placed on the agenda for discussion, only. Commissioner Shaughnessy felt there was a need in the city to have a method to require people to physically keep up their property in Minutes, Page 6 December 12, 1994 V V NAME OF COMMAS. MSYN Atlantis Beach_ She explained Chu oidiI1 races were noL designed to compel landlands to pay bills left by their tenants, and the language had nothing to do with getting people to pay their utility bills. She felt there were some landlords in the city who were not willing to maintain their property, and her concern was to try to get a better level of compliance with city codes. When properties were not maintained, she added, it hurt the quality of the city as a whole. She explained Ed Martin, Chairman of the Code Enforcement Board, had attended a Code Enforcement seminar and discussions were held at the seminar concerning the two ordinances being the vehicle by which some cities were able to get a better level of compliance, and that was the spirit in which the ordinances were introduced. She felt, however, that the ordinances contained inequities. The only way the city had to collect money when it was necessary to repair or maintain property was through placing liens against property. In most cases, she explained, liens were not paid until the property was sold which could result in many years before liens were paid. She explained the language in the ordinances spoke to landlords who refused to maintain their properties, and had nothing to do with getting people to pay their utility bills, or compelling landlords to pay bills left by their tenants. She asked Mayor Fletcher to appoint a committee of not more than eight members to study the problem and come up with a recommendation on how the city might better address it. She suggested staff who were involved in code enforcement inspections, fire inspection, finance, and any other departments that would be involved in addressing the problem to be present at the meetings. Mayor Fletcher appointed Commissioner Shaughnessy to Chair the Property Study Committee, and the following people volunteered to serve on the Committee: Brian Phillips, Dorothy Kerber, Ernest L. Russell, Susan Lewis, Robert R. Castro, John Meserve, Majorie R. Dunson, Roger B. Kjar, Mr. & Mrs. Raymond E. Makowski, Jane Wytzka, - Peter Sapia, and Tim Reed. Mayor Fletcher indicated a letter of appointment would be sent to members of the Committee. Mayor Fletcher asked the Committee to have a status report for the Commission at the January 9, 1994 meeting. It was suggested issues contained in the two ordinances under discussion would be addressed by the committee, and that both tenant occupied and owner occupied properties would be addressed. Commissioner Weiss felt that more time should be allowed to study the matter, and that staff should be consulted. He noted Don Ford, Building Official, prepared a report dated December 9, 1994 (attached hereto and made a part hereof) . He suggested the audience be allowed to speak to the matter. Mayor Fletcher allowed members of the audience to address the matter and the following people spoke: Jane Wytzka, 353 2nd Street, Minutes, Page 7 December 12, 1994 V V NAME OF COMMAS. MSYN Marina Drive, Susan Lewis, 455 Atlantic Blvd. , Majorie Dunson, 1 Ocean Blvd. , and David Lewis. Commissioner Weiss felt the Committee should report to staff. He felt uncomfortable having a member of the Commission on the committee. Mayor Fletcher indicated he would take this under advisement. 7. New Business: a. Authorize purchase of tractor loader backhoe under State Contract at a cost of $40,507.00 Bob Kosoy, Public Works Director, reported currently the City's Water Distribution and Sewer Collection used a Model 1440, 1986 JCB Backhoe, Front End loader, This vehicle had been extended beyond the end of it's normal hours of operation. The cost of further maintaining this vehicle was not justifiable from an operational/safety or economic standpoint. Staff was proposing to replace this vehicle with a Ford FNH-555D Tractor Loader Backhoe for a total cost of $40,507.00. Purchase was to be made under the State Contract. ROSENBLOOM X SHAUGHNESSY X Motion: Authorize purchase of a tractor loader backhoe at a WATERS X X cost of $40,507 WEISS X X FLETCHER X .then asked concerning the training required to operate the equipment, Bob Kosoy explained staff were already familiar with the equipment, and that the vendor usually spent time explaining safety equipment. The Mayor inquired regarding the term and scope of the warranty and Bob Kosoy agreed to check into this. It was explained the purchase was contingent on the industry warranty which would be sent via fax to Commissioners. Item 7d was taken out of sequence and acted upon. 7d. Authorize purchase of Kawasaki motorcycle under Bid no. 9495-4 Chief David Thompson introduced Dane Smith, Motorcycle Officer. It was recommended that the bid be awarded to Regency Kawasaki & Sea-Doo for the 1995 Kawasaki Police 1000 at the total bid price of $7,870.00. It was reported a discount would be awarded if this was paid within 15 days of delivery. ROSENBLOOM X SHAUGHNESSY X X Nation: Approve purchase of 1995 Kawasaki Police 1000 WATERS X Motorcycle to Regency Kawasaki & Sem Doo for the total bid WEISS X X price of $7,870, to be paid within 15 days of delivery FLETCHER X Commissioner Waters felt this was a reaction to a perceived problem and that in his opinion there was not a great problem relative to -peeding in the city. Commissioner Shaughnessy thanked Chief hompson for the effort and time he put into the matter. No discussion before the vote. The motion carried unanimously. Minutes, Page 8 December 12, 1994 V V NAME OF COMMAS. MSYN b. Discussion and related action relative to DEP permitting requirements in connection with the installation of a 6" force main tinder Puckett Creek Alan Jensen, City Attorney, indicated he had several concerns regarding the proposed Sovereign Submerged Lands Use Agreement that the Department of Environmental Protection (DEP) had requested, and he referred to documents he provided (attached herewith and made a part hereof) . He felt it was important to get a document in place as quickly as possible, before the end of the year, so that the project could be completed. He felt the problems could be resolved with the Department of Environmental Protection, with Commission approval. Bob Kosoy explained work was under way and the city desired to complete the permitting procedure. It was felt it would be in the city's best interest to sign the document pursuant to the time constraints indicated by the DEP. ROSENBLOOM X X SHAUGHNESSY X X Notion: Authorize execution of the agreement with WATERS X the DEP WE I S S X FLETCHER X Under discussion, it was felt Alan Jensen's request to discuss the ^ity's concerns was reasonable. A suggestion was made that perhaps epresentative Arnall should be invited to become involved in the matter. After further discussion, it was felt the agreement should be signed. The question was called and the motion carried unanimously. c. Discussion and subsequent action relative to the salary of the City Clerk Commissioner Shaughnessey suggested that the City Clerk's salary be increased in the amount of seven percent. ROSENBLOOM X SHAUGHNESSY X X Nation: Increase the salary of the City Clerk in the amount of WATERS X seven percent E I S S X X FLETCHER X No discussion before the vote. The motion carried unanimously. d. Authorize purchase of Kawasaki motorcycle tinder Bid No. 9495-4 (This was acted upon earlier in the agenda) 8. City Manager Reports and/or Correspondence: a. Report and/or action on FY 1994/95 Community Development Block Grant (CDBG) contract _dm Leinbach reported he received the CDBG contract on December 12, 1994. George Worley, City Planner, indicated it would be necessary to change one section of the contract relative to acquisition of Minutes, Page 9 December 12, 1994 V V NAME OF COMMAS. MSYN eroperty. He indicated he would discuss this with the City of Jacksonville. He suggested having a Special Commission Meeting on December 19, 1994 to take action on the matter, as the Donner Community Development Corporation was being hindered in their work pending execution of the agreement. He indicated he would provide the Commission with a copy of an amended agreement, and would schedule a Special Commission meeting. 9. Reports and/or req gists frau City Commissioners, City Attorneys and City Clerk: Commissioner Rosenbloan indicated he would like to discuss the acquisition of parkland at the next workshop session, to which it was agreed to place this matter on the next workshop agenda. Commissioner Rosenbloom inquired whether or not it would be a violation of the city code to donate to the Historical Society, to which Alan Jensen advised such a donation would be a violation of the City Code. It was explained if Bed Tax money was used a donation could be made, with another municipality, by an interlocal agreement. Commissioner Waters reported Bob Fowler, Fowler Manufacturing Company, had experienced drainage problems and Bob Kosoy agreed to heck into this and report to Commissioner Waters. Commissioner Waters asked Alan Jensen if the Richardson appraisal was available, to which Mr. Jensen replied the Richardson appraisal had not been received as yet. Commissioner Waters indicated his desire to discuss the matter at the next workshop session. Commissioner Shaughnessy reported concerning the proposed environmental clean-up at Mayport Navy Base. She suggested that Commissioner Weiss be appointed to the Advisory Board. Commissioner Waters indicated he would attend any meetings regarding this, and Commissioner Weiss indicated he would also attend. It was explained perhaps a Commissioner should not serve on the Board, but that a member of the community would be a better choice. This will be decided in the future. Commissioner Weiss thanked those who planned and attended the city's Christmas festivities. Commissioner Weiss referred to the proposed capital improvement projects that had been recently under discussion, and he felt the matter should be pursued. He felt a financial advisor should be sought, and he particularly encouraged the commission to proceed with the installation of census meters. There being no further business the Mayor adjourned the meeting at 0:30 p. m. V V Minutes, Page 10 NAME OF December 12, 1994 COMMRS. MSYN ..1111r .../ Ar °f.14rf ,..0-an T. Fletcher Mayor/Presiding Officer ATTES T: Maureen King City Clerk ctetei-cit ( /2-M54-00a l4-Ps- CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: PURCHASE OF TRACTOR LOADER BACKHOE ON STATE CONTRACT SUBMITTED BY: Robert S. Kosoy/Director of Public Works DATE: December 6, 1994 BACKGROUND: Currently, Atlantic Beach Water Distribution and Sewer Collection uses a Model 1440, 1986 JCB Backhoe, Front End Loader. This vehicle has been extended beyond the end of it 's normal hours of operation. The cost of further maintaining this vehicle is not justifiable from an operational/safety or economic standpoint. It is proposed to replace this vehicle with a Ford FNH-555D Tractor Loader Backhoe for a total cost of $40, 507. 00. The options are outlined on Attachment A to tailor the vehicle to the needs of the Water Distribution/Sewer Collection crews. Particularly important is the hydraulic and plumbing option which allows the crew to perform hydrostop repair work and use of the rod pusher boring machine. This purchase is to be made under the State Contract, as was the purchase of a similar vehicle for the Buccaneer crew last Fiscal year. The Buccaneer crew has been very pleased with the performance and maintenance on this vehicle to date. RECOMMENDATION: Approve purchase, budgeted for $60, 000. 00 on Page 6 of Capital Improvement Program in FY 94-95 Budget "Tractor (4X4) " . ATTACHMENTS: 1 ) Copy of Requisition #7264 2) Manufacturer 's Catalog, Infoj ation • REVIEWED BY CITY MANAGER: I' AGENDA ITEM NO. 7 O� PURCHASE REQUISITION RBR: 0000007264 REQUISITION BY: KELLY REASON: FOR AB WATER DIST DEPT/STATE CONTRACT PRICE DATE: 11/02/94 f SHIP TO LOCATION: PUBLIC WORKS SUGGESTED VENDOR: 980 FORD NEW HOLLAND, INC. DELIVER BY DATE: 11(28/94 LINE UNIT EXTEND VENDOR PART NUMBER RBR DESCRIPTION QUANTITY UGH COST COST VENDOR NAME 2;;z 1 FRH-555D BACKHOE 1.00 EA 27510.0000 27510.00 980 FORD NEW HOLLAND, INC. COMMODITY: ROAD/HGWY HEAVY EQUIPMENT SUBCOMMOD: BACKHOE 2 OPTION 11002/ENGINE ALARM 1.00 EA 630.0000 630.00 980 FORD NEW HOLLAND, INC. COMMODITY: ROAD/HGWY HEAVY EQUIPMENT SUBCOMMOD: BACKHOE 3 OPTIONI 2004/4-WHEEL 1.00 EA 3744.0000 3744.00 980 FORD NEW HOLLAND, INC. DRIVE COMMODITY: ROAD/HGWY HEAVY EQUIPMENT SUBCOMMOD: BACKHOE 4 OPTION14201/MULTI BUCKET 1.00 EA 1558.0000 1558.00 980 FORD NEW HOLLAND, INC. COMMODITY: ROADIHGWY HEAVY EQUIPMENT SUBCOMMOD: BACKHOE 5 OPTION14402/TRENCHING BKT 1.00 EA 55.0000 55.00 980 FORD NEW HOLLAND. INC. COMMODITY: ROAD/HGWY HEAVY EQUIPMENT SUBCOMMOD: BACKHOE . 6 OPTION14404/EXTENDING 1.00 EA 2555.0000 2555.00 980 FORD NEW HOLLAND, INC. BACKHOE COMMODITY: ROAD/HGWY HEAVY EQUIPMENT SUBCOHMOD: BACKHOE 7 OPTION15002/FULLY 1.00 EA 2295 ENCLOSED ROPS CAB COMMODITY: ROAD/HGWY HEAVY EQUIPMENT SUBCOMMOD BACKHOE .0000 2295.00 980 FORD NEW HOLLAND, INC. DEFROSTER & INSTRUMENT ROPS CAB COMMODITY: ROADIHGWY HEAVY EQUIPMENT SUBCOMMOD: BACKHOE OPTION 8KIREVERSIBLE 1.00 EA 372.0000 372.00 980 FORD NEW HOLLAND, INC. STABLIIZER PAD COMMODITY: ROADIHGWY HEAVY EQUIPMENT SUBCOMMOD: BACKHOE 10 OPTION K2/LOADER THIRD 1.00 EA 377.0000 377,00 980 FORD NEW HOLLAND, INC. SPOOL HYDRAULICS & PLUMBING ttttttttttttttttttttttttt STATE CONTRACT PRICE COMMODITY: ROAD/HGWY HEAVY EQUIPMENT SUBCOMHOD: BACKHOE PURCHASE REQUISITION NBR: 0000007264 REQUISITION BY: KELLY REASON: FOR AB WATER DIST DEPT/STATE CONTRACT PRICE DATE: 11/02/94 SHIP TO LOCATION: PUBLIC WORKS SUGGESTED VENDOR: 980 FORD NEW HOLLAND, INC. DELIVER BY DATE: 11/28/94 TINE UNIT EXTEND VENDOR PART NUMBER BR DESCRIPTION QUANTITY UOM COST COST VENDOR NAME REQUISITION TOTAL: 40507.00 ACCOUNT INFORMATION ACCOUNT PROJECT AMOUNT 40040015336300 27510.00 40040015336300 630.00 40040015336300 3144,00 40040015336300 1558.00 40040015336300 55.00 40040015336300 2555.00 40040015336300 2295.00 40040015336300 1411.00 40040015336300 372.00 40040015336300 377.00 40501.00 A (-7/ i7 r 2 FORD ce-0-,-,teD . . Tractor Loader Backhoe : 555D Specifications KEW HOLLAND .. .aa7yr4: x+('r s r.ifi.. s0v "•rir..'�-!g,o,4,-Cir, !airy' '• ,Wi"4•�.h`e'a.`,'�` � r f�r 4. fr. qtr." s iygeftwe. •.-:'.- a r ; . ,.fA4, A 4....::. .-k.x 4 ,:, `+f$�r t e iC • ,ev M a ti1Co AptS. 4,,�!••••- •. .r• .04,,,N4.,2-4.,''z � . - �.-•. -.'!3 .-z. 'X,v- � 4t,`+^- 3 ••� • •,... i„.. -r t+ , i. .,,a.a ti f i '�4,..„/".2.....4.1,' '"ti- y. :• 7.•.`,r^,. 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'a” tf wf,,�,titb�� ��:. •::;73:-',...:2-;:;- ..:z....:,.,--,.,..t.:4..1 ; fjt. 4 ti r> <\ A'' ..4...t'-lr...i 4- Xr a' F F a ,i h'� �' ¢ ��-w5.::;4.-1.!:. }' •✓n,— K` a#F., 'Sry^;-♦ a ` t t f v.r"t;.lp,i' 1�1� ' r i x ; n to p .Y rt F,. rf u�"'� vs.-.-.1: i w 't kFz -ar 1 ",4 ;.� i4-� ir.. » - ` �'.- to 4 'w` , . rs' 4H`i' 'r"=5-4+ I ..� •ri^Y -......\-•,„........,. t , �r S; �\ • a^ ,4 f ,tom ':_:;•• . -?-„..$:;:;.,-,7.: ca"`• ....i-5,7:';;41.A;5'," '..::;e:: ./1 ...f-A‘'. i' ;•.,,,-;...., X ,-i4.0-.,:..V.^,.: .� :ll -.-i-1-74-71 --C `!'4,',' __,..;." ::Z.:-;-;::-•-•'-i •` .�. ti� - vL G . • • ' w 5550 .1. : - * .9f t£- / �t , t' 4:41 tom"h r-3+ gs4--3 E *R S taFyj✓ -`t, ! '1 L': s • L+.: Lr • y ..'P' wa4rt .r.1x . -;.: , ..*2';_,I,..,,,;," - S bs y-�vsy '"•^ f�1.a 1r Stia -,,7,;".,-1, -;*?....* `33- x, +r` ' ° `• �41 5,r-,-., � r ib :1„.;'=""-"i•-' r.y r _ a '�„ i '��_r �, j *4 `• ..Gy .••1'44X..1+..,1 '''••• •• , d ,JJ �,�� � :� ' R -• {rk ' '..-,4"."....-:.”,...,. , ' ' r", • --e' '.. - S- •r -A3S -"!; ywg a� >... ss .”,.'s ;,./.... y,• p Y `.� tes-� .a-i,: 1.4:,&"' +A. f• r• ' moi �, f { r.�ol". �� FEATURES The 555D is available as a tractor loader backhoe or tractor LIGHTING loader. Front and rear halogen worklights.Stop and turn signals. Four-way safety flashers.Brake lights. ENGINE Ford four-cylinder diesel,256-cubic inch displacement.65 LOADER SAE net horsepower.Dual dry-element air cleaner.Two-stage 1.12-cubic yard capacity treadwidth bucket.6,000-lbs.lift fuel filter.Manifold cold start aid.Electric fuel shut-off. capacity. 12,000-lbs.breakout force.Single-lever control. Bucket level indicator. Hydromechanical self-leveling. TRANSMISSION Return-to-dig. Four speeds forward and reverse fully synchronized.Torque converter.Electric power shuttle. BACKHOE Center pivot. 14'9"backhoe.Optional 31/2'XTRA-VATORT' FRONT AXLE extendable dipperstick.Two-lever,three-lever with foot swing. 12,500-lbs.load rating.70-inch treadwidth. Hydrostatic power or four-lever controls.Anti-drift stabilizers. steering. HYDRAULIC SYSTEM OPTIONAL FRONT-WHEEL-DRIVE AXLE Open-center design produces force to match demand. 13,860-lbs.load rating.68.5-inch treadwidth.22-degree 31-gpm gear pump. Leak free 0-ring fittings. oscillation. Hydrostatic power steering. OPERATOR STATION REAR AXLE Four-post ROPS/FOPS or ROPS/FOPS cab with swing-around 13,500 lbs.load rating.68-inch fixed tread.Double reduction, seat.Hand and foot throttles.Instruments:Electric hour inboard planetary final drive.Multi-plate,wet-disc brakes. meter,fuel gauge,tachometer,coolant temperature gauge Differential lock. and alarm,oil pressure lamp and alarm,transmission temperature lamp and alarm,hydraulic filter restriction lamp ELECTRICAL and alarm,charging system lamp and air cleaner restriction 12-volt system.800 CCA battery.55-amp alternator.Solid lamp. state voltage regulator. TRACTOR ENGINE FRONT AXLE 2WD 4WD r Static load rating, lbs (kg) 12,500 (5670) 13,860 6287 Manufacturer Ford ( ) Engine type Diesel Dynamic load rating, 50,000 55,440 Rated engine rpm 2200 lbs (kg) (22,680) (25,128) Max SAE gross hp (kw) 72 (53.6) Front tread width, in (cm) 70(178) 68.5(174) Max SAE net hp(kw) 65 (48.5) Oscillation 22° 22° Torque at 1200 engine rpm Ground clearance, in (cm) 11.5 (29.2) 11 (28) Max gross, ft-lbs(nm) 192(260) Max net, ft-lbs (nm) 186 (252) REAR AXLE/BRAKES Displacement, cu in (L) 256(4.19) Static load rating, lbs (kg) 13,500(6123) Bore, in (cm) 4.4(11.2) Dynamic load rating, 40,500 Stroke, in (cm) 4.2 (10.7) lbs(kg) (18,370) Compression ratio 16.3:1 Rear wheel tread, in (cm) 68 (173) Differential lock Standard ELECTRICAL Brakes Wet, multi- Alternator 55 amp disc Battery 12 volt, 800 CCA HYDRAULIC SYSTEM TRANSMISSION Pump capacity Speeds forward/reverse 4/4 at 2200 rpm, gpm (Umin) 31 (117.3) Synchronized shifting All gears System relief pressure, psi Torque converter Loader/backhoe 2450 multiplication ratio 3.15:1 Pump Gear-type Transmission disconnect Trans lever, loader control Hydraulic system capacity, gal (L) 21 (79.5) GROUND SPEEDS Hydraulic filter 10 micron Hydraulic reservoir, gal (L) 6.5 (24.6) Travel speeds at 2200 rpm engine speed with 16.9-28 tires CAPACITIES(U.S. liquid measure) Forward mph (km/h) Reverse mph (km/h) Fuel tank, gal (L) 24(90.8) 1 3.4(5.5) 1 3.4(5.5) Engine lubrication w/filter, 2 5.8 (9.3) 2 5.8 (9.3) qts (L) 9(8.5) 3 11.4(18.3) 3 11.3(18.2) Cooling system, qts (L) 6.6(15.7) 4 19.9 (32.0) 4 19.8(31.9) Rear axle 42.9 (40.6) Power steering system, STEERING 2WD 4WD qts(L) 2.5 (2.4) Transmission qts(L) 17(16) Type Hydrostatic Hydrostatic Steering pump, gpm (L/min) at 1950 psi 5.1 (19.1) 5.1 (19.1) Turning radius w/brakes, 9'7" (2.93) 11'(3.4) ft(m) 5551 hID)))) WORKING WEIGHT (approx.) SEATS 2WD, ROPS, std backhoe, ROPS Standard vinyl,vinyl suspension with lbs (kg) 13,157 (5968) armrests 4WD, cab, std backhoe, CAB Standard vinyl,vinyl suspension with lbs (kg) 14,224 (6452) armrests,cloth suspension with armrests TIRES (Tractor Loader and Backhoe Loader) OPTIONAL EQUIPMENT 2WD 4WD Front-wheel drive axle.Safety cab with pressurizer/heater. Front 11L-16,F3,10 ply 12.0-16.5,8 ply Air conditioning.Counterweight groups.Dirt,street, (Laborer) (Sure Grip) cemetary,and reversible stabilizer pads.Extendable dipper. Rear 16.9-28,R4,8 ply 16.9-28,R4,8 ply Multi-purpose loader bucket.Backhoe bucket options. 18.4-24,R4,8 ply 18.4-24,R4,8 ply Backhoe auxiliary hydraulic outlet.2-,3-,and 4-lever 16.9-28,R1,8 ply backhoe controls.Gannon three-point hitch.Radio.Rear 16.9-24,R4,8 ply window defroster.Back-up alarm.Dual battery,ether start kit.Backhoe counterweight group.Your FNH dealer can tell you about additional optional equipment. LOADER CONTROL VALVE POSITIONS LOADER PERFORMANCE With general material bucket Single-lever control of raise,neutral,lower,float, Lift capacity, full height 6,000 lbs (2722 kg) curl,dump and return-to-dig. Breakout force 12,000 lbs (5443 kg) Cycle time LOADER BUCKETS Raise to full height 4.5 seconds Heaped CuttingBuckets Bucket dump 1.7 seconds SAE Hea P Lower 2.8 seconds Capacity Width Weight Total 9.0 seconds cu yd(cu m) in(cm) lbs(kg) Multi- Purpose 1.12(0.88) 92(234) 1,730(785) Heavy Duty General Material 1.3(1.0) 88(224) 708(321) 1.12(0.88) 88(224) 679(308) BACKHOE DESCRIPTION CIRCUIT RELIEF VALVES Type Center pivot • Swing circuit-rod and piston end Controls 2-lever, 4-lever, or ■ Lift circuit-rod and piston end 3-lever with foot swing • Crowd circuit-piston end only Extendable dipperstick Optional, 31/2-foot • Bucket circuit-rod end only • 555D hID)))) BACKHOE BUCKETS Standard Backhoe 14 SAE Heaped 12 1,708(4+2 170 16911 Capacity 10 s /_... Width in (cm) cu ft(Cu m) No. of Teeth . IIIIIII r General Purpose Scoop Profile 6 _ 12 (30.5) 2.3(.07) 3 ' 1.190(0 18(45.7) 4.4 (.12) 3 2 1,770(083) ■ C 24(61) 6.5 (.18) 4 W W 0- (785) 30 (76.2) 8.6(.24) 5 LL • 36 (91.4) 10.7(.30) 6 2 1-690(765) Heavy Duty Trenching Ford Profile 1,6(4(753) 6 1,L0(`48) 12(30.5) 4.0 (.11) 3 e 1,4,0(7E7) 18 (45.7) 6.0(.17) 3 24(61) 8.9 (.25) 4 10 1' 30 (76.2) 11.5 (.33) 5 12 36(91.4) 14.0 (.40) 6 14 20 16 16 14 12 10 8 6 4 2 0 FEET .a,ourtt i.cmgv..O -u.I.w BACKHOE DIGGING FORCE lbs(kg) XTRA-VATOR retracted Standard 14 Backhoe XTRA-VATOR Backhoe 12 $(16,4) Crowd Crowd ,0 - 4 , Bucket Crowd Bucket Retract Extend 6 :_ A General 6 _ 1111:1 01101111. Purpose 10,320 7,720 11,570 7,620 5,460 Bucket (4681) (3502) (5248) (3456) (2258) 2 -• . Heavy Duty 9,940 7,500 11,240 7,410 5,310 01350(61 Bucket (4509) (3402) (5098) (3361) (2409) 2 131 350(619 4 DIPPER LIFT CAPACITY lbs. (kg) . 1240(581) 6 1270 Through full 6 1280(681) .--7.,At 12 feet SAE J31 dipper arc 10 ,0100) J Standard 12 L. Backhoe 4,170 lbs(1891.5 kg) 3,930 lbs(1783 kg) XTRA-VATOR 14 20 18 16 14 12 10 8 6 4 2 0 FEET Retracted 3,690 lbs (1674 kg) 3,490 lbs (1583 kg) "..""'"-.....-""0 XTRA-VATOR Extended 2,560 lbs (1161.2 kg) 2,480 lbs (1125 kg) XTRA-VATOR extended 14 Seo(,: peel CYCLE TIMES(Seconds) 12 (1 61 10 ... Standard backhoe i 11111111111ft ' Lift cylinder, extend 4.6 Bucket curl 2.664868 1 . 1111111. Lift cylinder, retracted 3.2 Bucket dump 1.7 Swing cylinder, from Stabilizers up 1.9 2 90°to center 2.1 Stabilizers down 2.81 a Dipper cylinder, extend 4.1 XTRA-VATOR out 2.8 w 01040(47!) Dipper cylinder, retract 3.2 XTRA-VATOR in 1.4 24120 BACKHOE LIFT CAPACITIES-SAE RATED 6 ` Lift capacity charts are in accordance with a 1030(447) SAE J31. Figures listed are 87% of maximum t0 '°7e lift force over any point in the swing arc. Lift 12 1440 17) capacities are hydraulically limited. 140 ,4 ,6 1„,(1) ) 10 e 6 4 2 0 FEET .,.m,..°..a,.l.....IO,-,.. 555D hID)))) DIMENSIONS With general material bucket LOADER(Per SAE J732C) ft,in,(m) ft, in,(m) A Overall operating height fully raised 142"(4.31) G Reach,fully raised 22.7" (.57) B Height to hinge pin,fully raised 11'4"(3.46) H Maximum rollback at ground 40° C Overall height to top of ROPS 9'(2.74) Maximum grading angle 128° D Overall length 16'3" (4.97) I Digging depth 6.7" (.17) E Dump angle 45° J Wheelbase 87" (22.1) F Dump height 9'(2.74) Overall width, less bucket 7'3" (2.20) Curb clearance circle 2WD 31.1' 4WD 34.1' U (0 Iii, - - lip dr � . /1/ t SY. 1 'I,A, v ,f illk 4P147° ) -"VI° AU II-E '7` TIIr /, W A I. -G `� I 0 Y 6 I \•-- 1 C l1 .,,,,,, ,,, „ III,.Itf jf6rg p r �,�� 1414 MiM ANN '1--2---J---1 , * v i II 1 / I if'-. B ACKHOE 1 /� With XTRA-VATOR 1 Standard Dipper 1, , ,'/R °o (Per SAE J49) Backhoe Retracted Extended 1 / K Transport height 12'8"(3.86) 12'6"(3.81) - ‘. // L Stab spread- • . Transport 7'5"(2.26) 7'5"(2.26) - >,/Operating 7,-,, " position 10'5"(3.18) 10'5"(3.18) - _ , M Ground clearance 12.1"(0.31) 12'1"(0.31) - N Overall backhoe- T Loading height 11'6"(3.51) 12'2"(3.71) 14'1"(4.29) loader transport Y Loading reach 5'6"(1.68) 5'5"(1.65) 8'4"(2.54) length 22'11"(6.99) - - V Reach from swing O Overall width 7'5"(2.26) 7'5"(2.26) - pivot 18'5"(5.61) 19'0"(5.79) 22'1"(6.73) P Digging depth, w Swing pivot to rear maximum 14'9"(4.5) 15'4"(4.67) 18'9"(5.71) axle centerline 3'6.5"(1.08) - - O Digging depth,2-ft x Bucket rotation flat bottom 14'8"(4.47) 15'3"(4.65) 18'8"(5.69) General purpose 155°/205° 166°/199° 1661199° R Digging depth,8-ft Heavy duty 1551180° 160°/180° 1601180° flat bottom 13'5"(4.09) 14'1"(4.29) 17'9"(5.41) Y Swing arc 180° 180° 180° S Operating height, Z Leveling angle 14° 14° fully raised 17'4"(5.28) 17'9"(5.41) 19'8"(5.99) ZZ Angle of departure 15.4° 15.4° Unit equipped with 1.12 cu.yd.loader bucket,24"Heavy Duty backhoe bucket, 16.9-24 rear tires and 11L-16 front tires,2Wd front axle. *A 01992 Ford New Holland,Inc. Specifications,materials,and descriptions used were in effect at time of printing.Ford New Holland reserves the right to discontinue options at any tines,or change specifications equipment,materials or design without notice and without incumng C(±)_r_a___f _ 1'i l obligation.Standard and optional equipment is subject to change.Availability .of some features may be subject to slight delay. FORD D-SERIES FORD NEW HOLLAND °4 nccc.n a orinen.I AI".cnon MCI.un.I Akin mit-. . MCI.I un.1 Akrn oekn.ov.vAA°A 4-scc,. nn.k.Tcn u...o A a f titch h /z/zA /17' n`t leS JENSEN & HOULD ATTORNEYS AT LAW 708 NORTH THIRD STREET POST OFFICE BOX 50457 JACKSONVILLE BEACH, FLORIDA 32240-0457 Alan C.Jensen Stephen A. Hould December 7, 1994 Telephone (904) 246-2500 Fax(904) 246-9960 VIA HAND DELIVERY Mayor and City Commissioners City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: Sovereign Submerged Lands Use Agreement Dear Mayor and Commissioners: I have reviewed with Bob Kosoy the installation of a 6" sewer force main under Puckett Creek. The Florida DEP has requested that the City execute a Sovereign Submerged Lands Use Agreement in connection therewith and a copy is enclosed. I have several concerns regarding the proposed agreement, all as set forth in my letter of November 2 , 1994, to DEP, a copy of which is enclosed. I also enclose copies of my letter of November 30 to DEP and a letter from Ms. Clary at DEP dated December 1, 1994 . I would request your direction in response to the proposed agreement and the request from DEP that it be signed as is, and the concerns I have addressed regarding the agreement. Thank you. Very truly yours, / ,i G (LAN C. ENSEN Enclosures ACJ/sky cc: Mr. Kim D. Leinbach, City Manager Mr. Robert S. Kosoy, Director, Public Works Mr. Brian E. Kientz, Connelly & Wicker, Inc. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGN SUBMERGED LANDS USE AGREEMENT Use Agreement No. UA-16-147 BOT FILE NO. 162429572 THIS USE AGREEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to City of Atlantic Beach , hereinafter referred to as the Grantee, a use agreement on, under and across the sovereign lands, if any, contained in the following legal description; A parcel of submerged land in Section 37 , Township 02 South , Range 29 East , in Puckett Creek , Duval County. TO HAVE THE USE OF the hereinabove described premises for the period beginning on September 9, 1994 , the effective date of this use agreement, and ending on September 9, 2024 . The terms and conditions of and for which this use agreement is granted are as follows; 1. The above described parcel of land shall be used solely for the installation of a sewer force main within Department of Transportation-Tight- of-way for State Road AlA . Grantee shall not engage in any activity except as described in the Division of Environmental Resource Permitting, Permit No. 162429572 dated March 16, 1994 , attached hereto as Attachment A , and made a part hereof, as well as the Department of Transportation SpeciaTUse Permit No. 235-8179 , dated January 26, 1994 , attached hereto as Attachment B , and made a part hereof. 2'. The consideration for this Agreement shall be an amount as determined by the rule establishing fees for the use provided for herein. Once the rule is adopted, payment shall be remitted to the Grantor according to the rule. The established fee shall be assessed from the effective date of the subject rule. 3. Whenever it should become necessary or desirable for the Florida Department of Transportation to repair, improve, or perform maintenance, make alterations or relocate all or any portion of the Grantee's structures as determined by the Florida Department of Transportation, any or all facilities and related structures authorized hereunder shall be immediately removed, reset or relocated as required by the Florida Department of Transportation and at the,expense of the Grantee. 4. The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this Agreement. 5. This Agreement constitutes permissive use only and the placing of facilities and related structures upon public property pursuant to this Agreement shall not operate to create or vest any property right in Grantee and shall not conflict with the conservation, protection and enhancement of said lands. 6. The Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this Agreement. 7. Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this Agreement. [45] 8. Should a need of greater public benefit and use arise as determined by Grantor in its sole discretion, the Grantor shall have the right to terminate this Agreement. At such time, the Grantor shall issue written notification to the Grantee stating the effective date of such termination. 9. Any inequities that may subsequently arise as a result of this A4reement shall be subject to negotiation upon written request of either party hereto, and the parties agree to negotiate in good faith. In case of failure by the respective staffs to resolve the conflict(s), the matter shall be referred to the Grantor for final resolution. 10. The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 11. Grantee waives venue as to any litigation arising from matters relating to this Agreement and any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida. 12. This Agreement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 13. The Grantee, by acceptance of this Agreement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this Agreement may be terminated by the Grantor upon 30 days written notice to Grantee, and Grantee shall immediately remove all equipment and structures erected on the property herein at Grantee's expense. All costs, including attorndye' fees, incurred by the Grantor to enforce this provision shall be paid by the Grantee. All notices required to be given to Grantee by this Agreement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 14. The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this Agreement which result from the existence of this Agreement or the activities of Grantee hereunder. 15. Renewal of this Agreement is at the sole option of the Grantor. Such renewal shall be subject to the terms, conditions and provisions of current management standards and applicable laws, rules and regulations in effect at that time. In the event that Grantee is in full compliance with the terms of this Agreement, the Grantee shall be allowed a 30-day grace period after expiration of this Agreement to apply in writing for a renewal. If the Grantee fails to apply for a renewal within the grace period, or in the event the Grantor does not grant a renewal, the Grantee shall vacate the premises and remove all structures and equipment occupying and erected thereon at its expense. 16. If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this Agreement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in Paragraph 13 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. Page 2 of 15 Pages Use Agreement No. UA-16-147 , 17. No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any rex7ewal thereof or in the event of subsequent breach or breaches. 18. This Agreement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this Agreement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 19. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, ouch activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs should have to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this agreement. • ige 3 of 15 Pages e Agreement RFT—UA-16-147 ;ITNESSESt BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA )riginal, Signature (SEAL) BY Cypea,Printed Name of Witness Carolyn Thompson, Senior Management Analyst II, Bureau of Land Management Services, Division of State Lands, Agent )riginal Signature for the Board of Trustees of the Internal Improvement Trust Fund 'yped/Printed Name of Witness "GRANTOR" ;TATE OF FLORIDA ;OUNTY OF LEON The foregoing instrument was acknowledged before me this day of - , 19 , by Carolyn Thompson, Senior Management Analyst II, who is ?ersonally known to me. 'PPROVED AS TO FORM AND LEGALITY: Notary Public, State of Florida DEP Attorney Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. IITNESSES: City of Atlantic Beach (SEAL) Grantee BY )riginal Signature Original Signature of Executing Authority typed/Printed Name of Witness Typed/Printed Name of Executing Authority Mayor Title of Executing Authority )riginal Signature "GRANTEE" Typed/Printed Name of Witness STATE OF MUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by , who is personally known Eo me or who has produced , as identification. My Commission Expires: Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name Pa 4 Eof 15 Pages Uen nyreement NOT—a-16-147 t I JENSEN & HOULD ATTORNEYS AT LAW 708 NORTH'IHIRD STREET POST OFFICE BOX 50457 JACKSONVILLE BEACH. FLORIDA 32240-0457 Alan C.Jensen Stephen A.Hould November 2 , 1994 Telephone(904)246-2500 Fax(904)246-9960 Ruby D. Clary Submerged Lands Section Bureau of Land Management Services Department of Environment Protection Mail Station No. 125 3900 Commonwealth Boulevard Tallahassee, FL 32399-3000 RE: Use Agreement No. : UA-16-147 BOT File No. : 162429572 Grantee: City of Atlantic Beach Dear Ms. Clary: I am the City Attorney for Atlantic Beach and have reviewed your correspondence dated October 13 , 1994, to the City in care of our engineers, Connelly & Wicker, Inc. I have also reviewed the proposed Sovereign Submerged Lands Use Agreement which you have requested that the City sign. i have several concerns with the proposed agreement, including why we even need one since we have permits from the Department of Environmental Protection, as well as from the DOT, for this project. The specific concerns i have regarding certain paragraphs of the proposed agreement are as follows: 2 . The amount of the fee is extremely vague and is like giving you a blank check. I would want to have some idea of what fees to expect and perhaps a "not to exceed" amount set forth in the agreement. 3 . I would suggest that the term "immediately removed" be replaced with "removed within a reasonable time if necessary" . 8 . If your department is going to retain the right to terminate the agreement in its sole discretion, the City should be rebated a prorata portion of any fees paid to be determined according to the life of the agreement. The City should also have a reasonable time within which to relocate, if necessary, its lines. ,Ruby D. Clary November 2, 1994 Page 2 9. I cannot agree that if the parties cannot negotiate a settlement of an inequity that the final resolution is left up to the Board of Trustees, one of the parties to the agreement. I do not believe I would have a problem with recommending that the City agree to binding arbitration or some other alternative. 11.- - Venue for any litigation should be in Duval County where the property is' located and where our improvements are located. It is much more reasonable for your state-wide agency to litigate in Duval County than it is for City of Atlantic Beach to have to litigate in Leon County. I would be more than happy to discuss the above concerns with you and perhaps a mutually acceptable agreement can be reached. I look forward to hearing from you soon. Very truly yours, rALAN C. JENSEN ACJ/sky cc: Mr. Kim D. Leinbach, City Manager Mr. Robert S. Kosoy, Director, Public Works Mr. Brian E. Kientz, Connelly & Wicker, Inc. JENSEN Sr HOULD ATTORNEYS AT LAW 708 NORTH'IHIRD STREET POST OFFICE BOX 50457 JACKSONVILLE BEACH. FLORIDA 32240-0457 Alan C.Jensen Stephen A.Hould Telephone(904)246-2500 November 30, 19 9 4 Fax(904)246-9960 • Ruby D. Clary _ Submerged Lands Section Bureau of Land Management Services Department of Environment Protection Mail Station No. 125 3900 Commonwealth Boulevard Tallahassee, FL 32399-3000 RE: Use Agreement No. : UA-16-147 BOT File No. : 162429572 Grantee: City of Atlantic Beach Dear Ms. Clary: This will confirm our telephone conversation earlier today and your advice that your legal department has indicated that they would not agree to any of the requested changes as set forth in my prior letter to you of November 2 , 1994 . I further understand that you will send me written confirmation to that effect. I need to get direction from the City Commission of Atlantic Beach and its next scheduled meeting is December 12 , 1994 . I will be able to advise you by telephone the following day of their instructions to me. I understand that this will be within the time limitations requested for signing and returning the proposed agreement. I look forward to receiving the aforesaid written confirmation soon. Thank you very much. Very truly yours, i �i• ALAN C. JENSEN ACJ/sky cc: Mr. Kim D. Leinbach, City Manager Mr. Robert S. Kosoy, Director, Public Works Mr. Brian E. Kientz, Connelly & Wicker, Inc. • 4.nolEOIo Department of g FLOR A Environmental Protection Marjory Stoneman Douglas Building Lawton Chiles 3900 Commonwealth Boulevard B. Governor Tallahassee, Florida 32399-3000 Virginia Secretary December 1, 1994 Mr. Alan C. Jensen Jensen & Mould Attorneys At Law 708 North Third Street Jacksonville Beach, Florida 32240-0457 RE: Use Agreement No. UA-16-147 BOT File No. 162429572 Grantee: City of Atlantic Beach Dear Mr. Jensen: Pursuant to our phone conversation on November 30, 1994, I am advising you that the proposed language modifications to the Sovereign Submerged Lands Use Agreement has been reviewed by the legal counsel, for the Department of Environmental Protection and the proposed language modification as indicated in the correspondence dated November 2, 1994, is not acceptable. You also indicated to me the City of Atlantic Beach Board Meeting has been scheduled for December 13, 1994, and at that time you would present DEP Legal Counsel's recommendations to your client. An extension is hereby granted to your client until December 30, 1994. Upon receipt and acceptance of the use agreement instruments, we will transmit the use agreement instruments for final departmental execution and a fully executed instrument will be provided to you for your client. If you require any additional information please do not hesitate to contact me at the letterhead address (directed to Mail Station No. 125) or at (904) 488- 2297. Sincer��e�ly, nc� nsy, Ruby D. Clary Submerged Lands Section Bureau of Land Management Services /rdc cc: City of Atlantic Beach „Protect. Conserve .;.lr nr•n.,- .. .. 1,934 Printed on recycled paper.