Regular City Commission - 14 Feb 2022 -DRAFT Agenda - PdfCity of Atlantic Beach
Draft Agenda
Regular City Commission Meeting
Monday, February 14, 2022 - 6:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Page(s)
1. APPROVAL OF MINUTES
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A. Introduction of Draft Capital Asset Policy (Melissa Burns, Director of Finance) 5 - 18
Draft Capital Asset Policy
3.B. Accept the 90 -Day Calendar (February - April 2022) 19 - 22
90 -Day Calendar (Feb - Apr 2022)
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
4.A. Mayor's Council on Health and Well -Being
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
6. CONSENT AGENDA
7. COMMITTEE REPORTS
8. ACTION ON RESOLUTIONS
8.A. RESOLUTION NO. 22-11
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
PUBLIC UTILITIES DEPARTMENT TO DECLARE A TRUCK AS SURPLUS TO USE AS A
TRADE IN VEHICLE AND TO PURCHASE A NEW TRUCK DURING FY 21-22;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-11
23 - 34
Page 1 of 100
Regular City Commission - 14 Feb 2022
8.B. RESOLUTION NO. 22-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING
ENGINEERING SERVICES TO UPGRADE THE WASTEWATER TREATMENT FACILITY
HEADWORKS HYDRAULICS AND PIPING, AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-13
8.C. RESOLUTION NO. 22-14
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING THE LAND
LEASE, ACCESS AND TEMPORARY USE AGREEMENT AND THE MEMORANDUM OF
LAND LEASE, ACCESS AND TEMPORARY USE AGREEMENT WITH CELLCO
PARTNERSHIP, A DELAWARE GENERAL PARTNERSHIP D/B/A VERIZON WIRELESS
FOR THE LEASE OF A PORTION OF CITY PROPERTY AT 469 11TH STREET FOR A
MONOPOLE TOWER AND RELATED COMMUNICATIONS EQUIPMENT, TOGETHER
WITH THE RIGHT TO TEMPORARILY USE A PORTION OF THE CITY PROPERTY FOR
A "CELL ON WHEELS" FOR UP TO A TOTAL OF TWENTY FIVE YEARS; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENTS.
Resolution No. 22-14
8.D. RESOLUTION NO. 22-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND
ACCEPTING THE ACCESS AND DRAINAGE EASEMENT AGREEMENT FROM WELLS
FARGO BANK, NATIONAL ASSOCIATION, FOR A PERPETUAL NON-EXCLUSVIE
EASEMENT FOR DRAINAGE AND RELATED PURPOSES, SUBJECT TO THE TERMS
THEREIN; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT.
Resolution No. 22-15
35 - 48
49 - 84
85 - 94
9. ACTION ON ORDINANCES
9.A. ORDINANCE NO. 75-22-26, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 21 TRAFFIC AND MOTOR VEHICLES TO ADD NEW ARTICLE VII,
PROHIBITION OF COMMERCIAL RENTAL OR LEASE OF ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES, MICROMOBILITY DEVICES AND MOTORIZED
SCOOTERS AND ENFORCEMENT; PROVIDING FOR CONFLICTS, SEVERABILITY AND
AN EFFECTIVE DATE.
Ordinance No. 75-22-26
95 - 100
10. MISCELLANEOUS BUSINESS
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Page 2 of 100
Regular City Commission - 14 Feb 2022
13. ADJOURNMENT
This meeting will be live -streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, click on the
Meeting Videos tab on the city's home page at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk's Office by 5:00 PM, the Thursday prior to the meeting.
Page 3 of 100
Page 4 of 100
Agenda Item #3.A.
14 Feb 2022
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Introduction of Draft Capital Asset Policy��
SUBMITTED BY: Melissa Burns, Director of Finance lik_ ry
TODAY'S DATE: January 31, 2022
MEETING DATE: February 14, 2022
BACKGROUND: It is a current best practice for local governments to adopt formal written
financial policies. According to the Government Finance Officers'
Association, "financial policies provide guidelines for financial decision
making and set the strategic intent for financial management". Financial
policies should be created for each area of financial management operations.
While the City has a few written financial policies, it does not possess one
for each area of financial management operations, it has been my goal to
write and implement these polices. At its priority setting session, the City
Commission made formulating and adopting written financial policies a
priority. The attached Capital Asset Policy is the first of a series of policies
to be formally adopted.
BUDGET: None.
RECOMMENDATION: Review and discuss the Capital Asset Policy
ATTACHMENT: Draft Capital Asset Policy
REVIEWED BY CITY MANAGER: `—ice•a-c.�—
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Agenda Item #3.A.
14 Feb 2022
CITY OF ATLANTIC BEACH
Capital Asset Policy
I. 6b i ective
the purpose of the capital asset policy is: 1) to provide control and accountability over capital
assets, and L) to gather and maintain information for the preparation of the Annual Comprehensive
financial Report in conformity with Generally Accepted Accounting rrinciples (GAAr) and
Governmental Accounting Standards Board Statements (GASB) No. 34 — flask Pinancial
Statements and Management's Discussion and Analysis for ';Statu and Local (iovernments and
OASIS No. 51 —Accounting and Financial Reporting for Intangible Capital Assets.
This guide will help determine whether an item qualifies as a capital assets, how to account for its
acquisition, how to monitor its activity, and its final disposition. The following guidelines and
procedures will document a capital asset system designed to reflect the statutory requirements trom
section 2 /4 tlorida Statutes and Chapter 69I-73 of the Florida Administrative Code provided by
the Department of financial services of the State of Florida, and thereby increase control over
those assets tor which the city has stewardship responsibility.
II. Definition
GASts Statement No. 34 notes that the term "capital assets" are assets that 1) are used in
operations and 2) have an initial useful life in excess of one year. This term encompasses both
tangible assets (lana, land improvements, buildings, building improvements, vehicles, machinery,
equipment, works ot art, historical treasures, infrastructure) and intangible assets (easements,
software, water rights).
Capital Assets Types:
Land
• Buildings
• Infrastructure
• Improvements Other Than Buildings
• Lquipment and v ehicles
• Construction in Progress
• Intangible Assets - Easements, right ot way
• intangible Assets — software, patents, trademarks
Capital Asset Accounts with Definitions and Examples:
Lund
Land is defined as the surface or crust of the earth, which may be used to support structures
or grow crops, grass, shrubs, and trees. Lana is characterized as having an inexhaustible
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Agenda Item #3.A.
14 Feb 2022
lite. All expenditures made to acquire land and ready it for its intended use should be
considered as part of the land cost.
bxamples:
• Purchase price or, it donated, the lair market value, or a reasonable and equitable estimate
of such value on the date of acquisition
• Protessional tees (title search, real estate commissions, legal, escrow, appraisal, and
surveying services, environmental assessments, etc.)
• Permanent work to the land, such as land clearing, excavation, till, grading, drainage, etc.
• Removal, relocation, or reconstruction of property of others on the land so that the land
may be used differently
• Accrued and unpaid taxes at date of purchase
1f the land and a structure are acquired as a single purchase, the value of the land should be
determined separately from the structure. This is important as lana is not depreciable, while
the structure and improvements are depreciable.
Buildings
A building is defined as a structure that is permanently attached to the land, has a root, is
partially or completely enclosed by walls, and is not intended to be mobile. Building
improvements are detmed as capital improvements if they add value to the eAisting capital
asset by extending the useful life or increasing the capital asset's ability to provide service.
Examples:
Purchased Buildings:
Original purchase price
• Expenses for the initial remodeling; reconditioning or altering a purchased building to
make it ready to use for the purpose of which it was acquired (this does not include an
interior only remodeling performed at a later date)
• Environmental compliance (i.e. asbestos abatement)
Professional tees (appraisal, engineering, architectural etc.)
▪ Payment of unpaid at accrued taxes on the building only at the date of purchase, if
applicable
• cancellation or buyout of existing leases on the building
Constructed Buildings:
Completed project costs
• Interest accrued during construction for enterprise type activities
• cost of excavation, grading or filling of existing land necessary for a specitrc building
• Expenses incurred for the preparation of plans, specifications, blueprints, etc.
• Cost of building permits
Professional tees (architect, engineer, legal, etc.)
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Agenda Item #3.A.
14 Feb 2022
Building improvements:
• Structures attached to the building during the project (enclosed patios, sunrooms, garages,
c uports, enclosed stairwells, etc. that actually increase the square footage of the building)
• Upgrades that will increase useful life of the building (i.e. reinforcement of floors and walls
to add 25% to useful life of the building)
• Inc following are examples of 'Building Maintenance Expense' and should be paid from
operating expense object codes — not capital expense object codes:
Building Maintenance Expense:
• Adding, removing and/or moving walls that are not increasing the actual square footage of
the building
Replacing an existing H V AC unit
Plumbing or electrical repairs
• Any periodic maintenance (cleaning, pest comrol, etc.)
• interior decoration (draperies, blinds, curtain rods, etc.)
• Exterior decoration (detachable awnings, uncovered porches, decorative fences, etc.)
• Maintenance -type interior/exterior renovations (repainting, replacement of the or carpet,
fixture refinishing; replacement of deteriorated siding, roof, or masonry section, etc.)
Replacement of a part or component of a building with a new part of the same type and
performance capabilities (i.e. water heater)
Infrastructure
Infrastructure assets are long-lived capital assets that are normally stationary in nature and
can normally be preserved for a significantly greater number of years than most capital
assets.
Examples:
Highways and rest areas
• Roads, streets, sidewalks etc. (does not include pavers)
• Bridges, railroads, tunnels
• canals, waterways, etc.
• Dams, drainage systems
Street lighting systems
Paved parking areas
• Signage
• Easements (permanent right authorizing the city to use or cross the land
which is owned by someone else, for a specified purpose)
• Lana use rights
Right -of -Ways (permanent right to build, use and make improvements
thereof, which is owned by someone else, for a specific purpose, such
or a porton thereof;
on land or a portion
as a roadway)
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Agenda Item #3.A.
14 Feb 2022
When distinguishing between Capital Improvements and Maintenance ot existing capital
assets consider the following:
Capital Improvements- Add additional value to the asset. Such added value is achieved
either by:
1. Lengghening the useful life of an existing capital asset or
2. increasing the capital asset's ability to provide service
(i.e., greater ettectiveness or etticiency).
Examples of Capital Imp, oveme„as:
• elay pipes with a useful life of 30 years, after 25 years the City re -lines them with material
that has 5U years of useful life
• Widening a road trom two lanes to four lanes
Maintenance - retains the value ot a capital asset rather than providing additional value.
Maintenance is considered non -capital, operating expenses that are incurred to Keep capital
assets in normal operating condition, to help maintain the original intended use ot the
capital asset, and do not extend the life of the capital asset beyond the expected useful lite
at acquisition.
Examples of Maintenance:
• Resurfacing a road every 10 years to meet its life eApectancy ot 5U years
• Replacing a roof on a building every 20 years to meet its life expectancy of 8U years
• Installing a new transformer to provide customers ; with service in an established
development to meet its life expectancy of 30 years
Replacing HVAC unit in a building every 10 years to meet its lite expectancy of 8u yeais.
Improvements oilier titan buildings
This asset class is used tor permanent (i.e. non -moveable) capital improvements, other than
buildings, that add value to land, but do not have an indetmite useful life.
Examples:
• water and sewer systems, both new and extensions to previous non -customers
• Capital work order imports
▪ Retaining walls
• Permanent landscaping, including pavers
• Recreation areas & athletic fields
• uolf courses
• Paths and trails
• Tennis courts, swinuning pools, etc.
In regards to City of Atlantic Beach Utilities, removal and replacement ot minor items will
be considered maintenance except:
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Agenda Item #3.A.
14 Feb 2022
1. if the minor items are replaced as part of a larger project exceeding $5,000, then
they are capitalized
2. 11 the minor item itselt exceeds $J,UUu in value such as replacing a substation
breaker and it increases the lite ot the capital asset or results in a betterment
Equipment S Vehicles
Equipment is dallied as a capital or movable tangible capital asset to be used for operations
and meets all ot the tollowing criteria:
• It retains its original shape, appeaance, and character with use
• it does not lose its identity through fabrication or integration into a ditterent or more
complex unit or substance
• it is nonexpendable (it the item is damaged or some of its parts are lost or worn out,
it is more feasible to repair the item than to replace it)
Under normal condition ot use, it can be expected to serve its principal purpose for
at least two years
Examples:
• Construction equipment
• Vehicles
• Public Safety Vehicles
• 11 and office equipment (servers, copiers, scanners, etc.)
• Playground equipment
• Safety equipment
• Movable sheds/utility buildings
Examples of expenditures to be capitalized as part ot equipment acquisition:
• Original contract oi invoice price
• Freight charges
• 1 axes, if imposed on the acquisition
Installation charges
Additional vehicle items which are purchased and installed when item is originally
placed into service, which ae not usable without the vehicle which include":
o Light bars on police vehicles
o Cages in police vehicles
o Litt buckets on tire trucks
Exclude:
o Electronics which can be moved to other vehicles, laptops, radios etc.
o Small equipment which can be used independently oi on another vehicle, axes,
tire hoses etc.
• Charges tor initial testing and preparation for use
Parts associated with the construction of equipment
**The costs of extended warranties aid vehicle title tees should not be included in the
capitalization calculation.
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Agenda Item #3.A.
14 Feb 2022
Construction In Progress
Most capital projects will be paid trom this classitication. his major class of capital assets
is used for costs incurred to construct or develop a tangible or intangible capital project
before it is substantially ready to be placed into service (at which time Finance will reclass
the capital asset(s) into the appropriate major classification).
It there is any possibility that a project may cross fiscal years, it must be placed into the
above construction in progress object code in order to track and report the expenditures o1
the project by the appropriate fiscal years.
Intangible Assets
GASB Statement No. 51 identities an intangible asset as having the tollowing three
required characteristics:
• It lacks physical substance in other words, you cannot touch it, except in cases
where the intangible is carried on a tangible item (for example, software on a DVD).
• It is nontmancial in nature that is, it has value, but is not in a monetary form like
cash or securities, nor is it a claim or right to assets in a monetary form like
receivables, iior a prepayment tor goods or services.
▪ Its initial useful life extends beyond a single fiscal reporting period.
tJxamples:
• Software, capitalization threshold will be applied on a per license basis
• Patents
• '1'iademarks
Smart ana Attractive Assets
Small and attractive assets are those assets that are particularly at risk or vulnerable to loss and
cost less than $5,000. Departments have discretion in defining small and attractive assets in many
instances; however, departments must include, at a minimum, the tollowing assets ot $1,000 or
more as small and attractive.
i. Communications equipment; both audio and video
ii. Cameras and photographic projection equipment
iii. Computer systems, laptops, notebook, and tablet computers
iv. Other data processing accessory equipment and components (scanners; etc.)
v. Stereos, radios, televisions, audio recorders and players, video recorders
and players.
1'he small and attractive assets that ao not tall within the capitalization threshold will be expensed.
The assets will be tacked and recorded by each department in control ot those assets. Computer
systems, laptops, notebook, tablet computers and phones will be tracked by 11 department.
tracking should include serial number, description, and location. This information should be
torwarded to the r inance Department when items are transferred to another department or disposed
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Agenda Item #3.A.
14 Feb 2022
utilizing the Disposal ofSrnall and Attractive Items and/or Transfer of Small and Attractive Items
form(s).
III, Policv
It is the City's policy to maintain accountability over all capital assets having a life of more
than one year AND costing $5,000 or more. Assets such as roads, sidewalks, drainage are
considered infrastructure and are capitalized when their initial costs exceed $25,000 and estimated
useful lives of more than five years. Please see the table below for a quick reference guide:
CAPITAL ASSET TYPE
Land
Buildings
Infrastructure (Easements, ROW, Roads)
Improvements Other Than Buildings
Equipment and Vehicles
Construction in Progress
Intangible Assets (Software)
THRESHOLD
Capitalize All*
$25,000_
$5,000
$25,000
$5,000
Not Applicable
$5,000
*Please note that ail land, easements and right-of-ways must be recorded in the City's
capital asset system for financial reporting purposes, even if the item has been donated to the City
and funds were not expensed in the acquisition of the item.
The City utilizes a Capital Improvement Program (CIP) as a multiyear prioritizing and budgetary
tool. The CIP is scheduled over ten years and is concerned with proposed capital improvement
projects and capital equipment acquisitions. It forecasts projects that will require the dedication
of substantial resources and aids in the development of financial strategies to accomplish them.
Only those projects scheduled during the first year are funded and adopted as part of the City's
annual budget.
IV. Roles & Responsibilities
The Finance Department is responsible for the record keeping of the City's capital assets. The
objectives of the Finance Department include the oversight of all capital asset additions, related
depreciation, asset transfers and disposals. Departments maintain physical custody of the assets
and are accountable for their safekeeping. Employees are responsible for exercising reasonable
care in the operation and maintenance of City property.
a. Departments are responsible for approving the purchase invoice indicating that the item
has been received in good condition and that the serial number (or other identification
number), description and cost match the item received and the price agreed upon.
b. Departments maintain physical inventories and report changes in status to the Finance
Department utilizing the Disposals of Capital Assets and/or Transfers of Capital Assets
form(s) (see section on asset disposal). A complete physical inventory muss be completed
annually.
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Agenda Item #3.A.
14 Feb 2022
c. Departments are responsible for ensuring proper budgeting and purchasing guidelines are
followed in the procurement of capital assets.
d. Finance Department has the following additional responsibilities: Pays the invoice, assigns
a unique City ldentitcation number (asset tag) to the asset. the assigned asset tag number
will tollow the property throughout its lite in the City's capital asset system. 1 he
information on the newly puichased capital asset is inputted into the City's capital asset
software system.
V, its
VI.
a. in order to accurately identify and maintain capital assets, whenever feasible, each piece
of property will be tagged with the City Identification number (ID) in a visible place. Such
markings will be removed or obliterated' only with the item is sold, scrapped, or otherwise
disposed ot. Should the ID number be removed or defaced, the item shall be marked again
with the original number (obtained trom the inventory listing).
b. Property tags are not affixed to sidewalks, streets, infrastructure, capital projects, and like
assets that are not separately identifiable. Capital assets that are not physically tagged will
still be assigned an asset tag number which will be recorded in the capital asset system.
c. if the asset is puichased with grant funds, this will be reflected in the capital asset system
as means of acquisition, and noted the grant guidelines for the selling or suiplusing such
assets.
veuwi y
a. On or before July 1" of each year, the Finance Department will supply the Department
Directors a current listing of assets related to their respective departments. Department
Directors shall assign a department representative to conduct a physical inventory of all
assets that will be reviewed by the supervisor to test its validity All items listed on the Asset
Inventory List must be verified and accounted tor as to description, serial number, model
number, and location. The Department Director or their designee will approve the Asset
Inventory List indicating that all assets are verified and accounted for and retuiii to the
Finance Department within the designated time frame.
b. Missing items must be properly explained and noted as "missing'', etc. on the inventory
listing.
c. After the Asset Inventory List sheets are received by the Finance Department, a
representative from the r inance Department will conduct a random test samplings of assets
Lound on the Department's list.
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Agenda Item #3.A.
14 Feb 2022
VII.
d. At the time of transfer oh. disposal (which may occur at any time during the year), any items
to be disposed or transferred must have the Disposals of Capiral Assers and/or 1'ransfers of
Capital Assets forms) completed, signed by the Department Director and submitted to the
Finance Director tor processing.
Capital assets are acquired by the City in several different ways:
a. 13y the direct purchase of the asset
b. By donation from private individuals, state, or other governmental agencies
c. By the direct purchase of all asset using grant, state or tederal funds
d. iiy lease -purchase agreements
e. By purchase through construction contracts
t. By in-house tabrication
g. Acquired through foreclosure on liens, or through the forfeiture and seizure process
i. An acquisition by donation is recorded at estimated fair value at the time o1
acquisition. Fair value in the case of vehicles is determined by blue book
prices. in the case of equipment, use of market prices of identical or similar
equipment ot the same age or condition will determine the fair market value.
Land or buildings should be appraised in order to determine fair market
value.
ii. t•urchase of capital assets using state or federal grant funds shall be
accounted for in the same manner as capital assets acquired with City funds.
Department Directors are responsible to ensure any special requirements or
conditions required by the grant are followed.
iii.
tquipment that is constructed by combining or assembling modular
components and/or materials into one identifiable unit is referred to as
tabricated equipment. when completed, each component loses its
individual identity and the end product becomes an identifiable single unit.
h� order to be capitalized, the finished product must have a unit cost of
$5,000 or more and a life eApectancy greater than one year. 1t a piece ot
equipment is to be fabricated, the cost of its components plus all materials,
supplies, and services from outside vendors will be aggregated to value the
capital asset. Internal labor costs will not be taken into consideration and
will be eApensed at the time incurred. At the conclusion ot the project, the
Department Director will iiotify the Finance Director that there will be no
further purchases and that the project has been completed.
iv. Assets acquired through foreclosure oil hens o,. through the torteiture aria
seizure process should be recorded at the lower of (a) the cost (oi iginal lien
amount, interest and penalties, and the cost of sale foregone), or (b) the fair
market value of the asset.
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Agenda Item #3.A.
14 Feb 2022
1 he purpose of this section is to establish procedures for the transter and disposal ot excess and
surplus property consistent with the requirements set forth in Florida Statutes Chapter 274. It is
also the purpose to maximize returns on excess and surplus property by transferring the property
or disposing ot 'it through public auction, trade-in, or donation. All efforts will be made to recover
as much taxpayer money as possible.
When a City department or division determines that City -owned property should be classified as
surplus property, an e-mail should be immediately sent to the Accountant or the Finance Director.
The e-mail should include all relevant intormation necessary to identify the property. The item(s)
need to be secured in a temporary storage area, until final disposition has been authorized.
Prior to disposition, the I,ina<rce Director will provide the City Commission with a list ot
capitalized property that management has determined is no longer viable for use in City operations.
The City Commission will be asked to formally declare the items surplus property, so the City
may dispose of it according to the guidelines set forth in this policy.
1 he value of capitalized property represents the cost of the item on the acquisition date and in no
way retlects the current value. Depreciated value (straight-line depreciation over the items
estimated usetul lite) diminishes the item's value significantly and therefore; the actual loss is
educed.
Methods of Disposition
Determination ot the disposal method that is in the best interest of the City will be made by the
applicable department head and evaluated and approved by the r inane Director. Possible disposal
options in order of preference to the City are:
a. transferred to another City department for their use; or,
b. cannibalize the property for spare parts utilization and any unusable remains will be
recycled, sold or deposited in an appropriate waste disposal site, e.g., hazardous waste
disposal' site tor those items deemed hazardous; or,
c. destroy the property it it is without commercial value and is determined to be unfit for sale
and of no usable value to the City, in an appropriate waste disposal site, or,
d. trade the property in as a credit towards the purchase of a new item, or,
e. sell or donate the property to any private nonprofit agency; or,
Y. sell or donate the property to another governmental agency; or,sell or cooperatively sell the
property by public auction to the general public, or,
g. sell the property by competitive award or thru a sealed bid process.
Required Information
A Property Disposal Sheet will be forwarded to the Accountant within two business days o1
disposit;on (see eAample attached). 1 he Property Disposal Sheet shall include the following
intormation:
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Agenda Item #3.A.
14 Feb 2022
a. Date of diposition.
b. Authority for disposition: 1) capitalized items - action by the City Commission properly
recorded in the minutes as required by Section 274.07, Florida Statutes; and, 2) non -
capitalized items — written approval by the City Manager. A copy ot applicable
documentation should be attached.
c. Manner ot disposition (transferred, cannibalized, scrapped, destroyed, traded, donated, or
sold).
d. Identity of the employee(s) witnes6ing the disposition, if cannibalized, scrapped, or
destroyed. Item(s) to be destroyed cannot be left in an unattended City aumpster. 10
prevent inappropriate access to these items, the designated employee must witness removal
of the item(s) by the City's waste contractor.
e. 1 he dollar amount received, if by outright sale by the governmental unit. A copy of
applicable documentation should be attached.
t: For items aisposed of as a result of casualty loss (destroyed, damaged beyond repair, etc.),
the value of insurance proceeds. A copy of applicable documentation should be attached.
Transfer of Property Records
upon receipt of the Property Disposal Sheet, the Accountant will remove the inaiviaual property
record for each capitaliLed item disposed from the City's property records. 1 tie provisions of
Chapter 119, 1,lorida Statutes, shalt govern destruction of such records.
xemainaer of page intentionally left blank
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Agenda Item #3.A.
14 Feb 2022
IX.
. 1 1
1 ne city utilizes the straight-line depreciation method using a full -month convention tor all capital
assets. Under this method, the basis of the capital asset is written off evenly over the usetul lite ot
the capital asset. See usetul lite table at the end of this section.
A construction in process asset (C1P) reflects the cost ot construction work undertaken, but not yet
completed. For construction in process assets, no depreciation is recorded until the asset is placed
in service. Upon substantial completion, the asset will be reclassified to the appropriate general
ledger asset account aria should be capitalized and depreciated.
Capital Asset uroup
Land Improvements (Landscaping)
Buildings
Office Furniture
camera Equipment
Police Vehicles
Pick Up Trucks
Police Radio bquipment
Non -Police Sedans
1ractors
Front Ena Loaders
Depreciable Life
ZU
4U
2u
1U
1u
15
15
Backhoes
Trailers
Riding Lawnmowers
Public Works Maintenance Equipment
Infrasti uctuie:
Paved Streets
Sidewalks
SidewalksBikepaths
Bike Lanes
Open ditches
Storm Sewers
Street Signs
Water Lines
Sewer Lines
Park Equipment
15,
15
5
20
50
3U
5u.
'25
50.
15
5U.
X Revien and Update
5U
10
1 his policy shall be reviewed and updated, if necessary, by the Finance Director ot the City on an
annual basis.
12
Page 17 of 100
Agenda Item #3.A.
14 Feb 2022
Date of Request:
Asset Tag #:
Department:
City of Atlantis Beauh
captial Asset Disposal Regaest Form
2/3/2022
Public Utilities
Serial No.
Vehicle VIN No. 1 FT7X2A61 FEB45410
Location:
Description of Item Including justification for disposal request:
Typical auction suplus is negliable
The City's book value of tile vehicle is $2,33x.4(
New 2022 Chevy Silverado 3500HD is $50,188 minus our trade in value of $12,000 = $38,188
Current hours on truck =9940+
Current mileage on 2015 Utility truck is 65600+
It was recommended by First Vehicle (our mechanic) to replace this truck due to the engine hours.
Average depreciation of this verficle is i.5 years
Reason for Disposal Request:
Not Working &
Beyond Repair
Not Working -
Needs Repair
Working -Obsolete
Working -Good
Working -Fair
Form eompiete-d-Bv:
Troy Stephens
Finance Department Use Only:
Date Sent to Commission: 2/14/2022
Approved: Denied:
Current Book Value
Amound Sold For/Trade In 12,000
Disposition Method:
Online Auction/Sold
Date:
Cannibalized
Date:
Donated
Date:
Destroyed
Date:
Traded In
Date:
X
Transferred
Date:
Date Entered into System: Entered By:
Page 18 of 100
Agenda Item #3.B.
14 Feb 2022
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: 90 -Day Calendar for the Mayor and Commission
SUBMITTED BY: Yvonne Calverley, Executive Assistant to the City Manager C ------
TODAY'S
TODAY'S DATE: January 27, 2022
MEETING DATE: February 14, 2022
BACKGROUND: The 90 -day calendar is included on the agenda for the purpose of setting
meeting dates and determining the location, time and whether to
videotape special meetings and workshops.
The rolling 90 -day calendar will be revised after receiving input from
City staff and the Commission, and will be included in each agenda for
consideration.
Notes:
Dutton Island Preservation Dedication honoring the Dutton Island Five
will be held on Friday, March 11 from 5:30 to 6:15 pm
• A Town Hall Meeting is scheduled for Saturday, April 23 from 10 am
to Noon at the Gail Baker Center.
BUDGET: None
RECOMMENDATION: Approve the 90 -Day Calendar for February through April 2022.
ATTACHMENT: 1) Mayor and Commission 90 -Day Calendar (February through
April 2022)
REVIEWED BY CITY MANAGER:
r
Page 19 of 100
OOT Jo OZ abed
MAYOR AND COMMISSION
February 2022
SUNDAY
MONDAY
TUESDAY
1
WEDNESDAY
2
Due Date for
2/14 Agenda
'FE IURSDAY
3
FRID:\Y
4
SATC'RD:1Y
5
6
8
9 ESC Tree
SL Tom 5:15 pm
10
Pension Board
pm
11
12
ESC Meeting 6 pm
Mayor's Advisory6:30
Council Noon
13
14
Commission
Meeting
6:30 pm
(Invoc-Mayor)
15
Community
Development
Board Mtg 6 pm
16 ESC Outreach
Subcommittee
Meeting 6:30 pm
Due Date for 2/28
Agenda
17
18
19
20
21
President's Day
City Offices
Closed
22
ESC LEED
Subcommittee
Meeting 11 am
23
24
25
26
2-
28
Commission
Meeting
6:30 pm
(Invoc-Bole)
00T 10 ZZ abed
MAYOR AND COMMISSION
March 2022
SC. NDAY MONDAY
TUESDAY
WFDNESDAY
T[-IURSD.-1Y
FRIDAti
5.\"1C - RD. .\-
1
2
Due Date for
3/14 Agenda
3
Special
Magistrate
Hearing 2 pm
5
G
Songwriters
Concert 6 pmCeremony
-
8
9 ESC Tree
Subconn 5:15 pin
10
11
preservation
Dedication
5:30 to 6:15 pm
(Dutton Island)
12
ESC Meeting 6 pm
Mayor's Advisory
Council Noon
13
14
Commission Mtg
6:30 pm
(Invoc-Waters)
15
Community
Development
Board Mtg 6 pm
16
ESC Outreach
Subcommittee
6.301 pm
Due Date for 3/28
Agenda
17
18
19
20
Acoustic Night
6 pm
(Bull Park)
21
22
ESC LEED
Subcommittee
Meeting 11 am
23
24
25
26
27
28
Commission Mtg
6:30 pm
(Invoc-Kelly)
29
30
Due Date for
4/11 Agenda
31
00T JO ZZ abed
MAYOR AND COMMISSION
April 2022
SUND.1Y MONDAY TUESDAY WEDNESDAY THURSDAY
FRIDAY
SATURD \S'
1
Shakespeare in
the Park
7pm
2
Shakespeare in
the Park
7pm
3
Songwriters
Concert
6 pm
4
i
6
7
8
9
Arts in the Park
10 am
(Johansen Park)
10
11
Commission Mtg
6:30 pm
(Invoc-Norris)Mayor's
12
13 ESC Tree
Subcom 5:15 pm
14
15
16
Egg Hunt
10am to 1 pm
Jordan Park
ESC Meetine 6 pm
Advisory
Council Noon
17
18
19
Community
Development
Board 6 pm
20
ESC Outreach
6:30 pm
21
22
23
Town Hall
Meeting 10 am
Baker Center
24
Acoustic Night
6 pm
25
Commission Mtg
6:30 pm
(Invoc-Glasser)
26
ESC LEED
Subconunittee
11 am
27
Due Date for 5/9
Agenda
28
29
30
Agenda Item #8.A.
14 Feb 2022
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Resolution No. 22-11 authorizing the purchase of replacement
Public Utilities Distribution Truck PU54
TODAY'S DATE: February 2, 2022
MEETING DATE: February 14, 2022
SUBMITTER BY: Troy Stephens, Public Utilities Director
SUMMARY: The Public Utilities Department is in need of a truck to replace
distribution truck PU54, a 2015 Ford F250. with over 60,000 miles
on it.
The 2022 Chevrolet Silverado 3500HD replacement truck with the
specifications to meet the City's needs is priced from Sourcewell's
Contract #2022 120716 -NAF & 060920 -NAF at $50,188 as stated
on the Quote from Alan Jay Fleet Sales, and includes the truck
chassis, options and equipment. The truck supplier, Alan Jay Fleet
Sales, is providing a trade-in credit of $12,000 for the City's 2015
Ford F250 truck, reducing the total purchase price to $38,188.
RECOMMENDATION: Approve purchase of the 2022 Chevrolet Silverado 3500HD truck
from Alan Jay Fleet Sales in the amount of $38,188 ($50,188 less
$12,000 for trade in). Also recommend the City's 2015 Ford F250
to be declared Surplus to allow it to be used as a trade in for the new
vehicle.
BUDGET: Adequate funds are available in the Public Utilities Account No,
400-5502-533-6401
ATTACHMENTS: 1. Resolution No, 22-11
2. Quote from Alan Jay Fleet Sales dated 1/10/2022
3. Photos of PU54
4. Example of proposed Capital Asset Policy Form
CITY MANAGER:
Page 23 of 100
Agenda Item #8.A.
14 Feb 2022
RESOLU'l'ION NO. 22-11
A RESOLUTION OF THE CITY OF ATLANTIC 1sEACH, FLORIVA,
AUIHOKILIIN(J Il1E PUBLIC UIILIIIES I)EYAKIMEIN1 TO DECLARE A
TRUCK AS SURPLUS TO USE AS A ('RADE IN VEHICLE AND 1'0 PURCHASE
A NEW 'TRUCK DURING FY 21-22; AUTHORIZING THE CITY MANAGER '1'0
EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH
AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF I HIS
RES OLU 11ON; AND YKOVIUINU AIN EllN'EC'IIVE DAl'E.
WHEREAS, the Water Distribution Division of the Public Utilities Department is in need of a
replacement truck; and
WHEREAS, the price quoted from Ali Jay Fleet Saks under Sourcewell's Contract #2022
120 / 16-NAt c57 U6UvzU-NAB for a new LULL Chevrolet 1 ruck is $50,188; and
WHEREAS, the truck will replace 1 U34, a 2013 Nord tt230 with 61,806 miles; and
WHEREAS, truck PU54 will be used as a trade in vehicle in the amount of $12,000; and
NOW 1 HERE!' OKE, be it resolved by the laity Commission ot the City ot Atlantic Beach as
tollows:
SECTION 1. The City Commission hereby authorizes Public Utilities to declare truck PU54; a
2015 Ford 1,250 with the vehicle identification number being 1F17X2A611^EB45410, as surplus
to be used as a trade in vehicle with Alan Jay Flcct Sales.
SECTION 2. The City Commission hereby authorizes the City Manager to approve a purchase
order to Alan Jay Acct Sales in the amount of $38,188, and to otherwise execute contracts in
accordance with and as necessary to effectuate the provisions of this resolution.
SECTION 3. Funds are allocated in the F'Y 21-22 budget tor this purpose.
SECTION 4. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this 24th day of January, 2022.
Attest:
Donna L. Bartle, City Clerk
Approved as to torm and correctness:
Brenna M. Durden, City Attorney
Ellen Glasser, Mayor
Page 24 of 100
Agenda Item #8.A.
14 Feb 2022
SoLircewell
— — - Ar.— AWniticdCos iU..1
Call Us first, for all of your Fleet Automotive, & Light Truck neerls._ Quote
PHONE (800) ALANJAY (252-6529) DIRECT 663.305-9610 W WW.ALANJAY,COM 35352-3
Corporate
Office
2003 U.S. 27 South
Sebring, EL 33810
ORIGINAL QUOTE DATE
12/13/2021
MOBILE 904.838-4999
FAX 863.402-4221
QUICK QUOTE SHEET
REQUESTING AGENCY ATLANTIC BEACH, CITY OF
O.
Adidree8Mailing P.SabringBOX, FL
9200 33671-9209
REVISED QUOTE DATE
1/1012022
CONTACT PERSON MIKE CLARKE
EMAIL MIKE.CLARKi FIRSTc3ROUP,CON(
PHONE 904-247-5892
MOBILE
FAX
SOURCEWELL (FORMERLY NJPA) CONTRACT # 2022 120716 -NAF & 060920 -NAP www.NationalAutoFleeteroup.coml
MODEL CK31003 1WT
2022 CHEVY SILVERADO 35001 -ID REG CAB CHASSIS 4WD DRW 60"CA
WORK TRUCK
CUSTOMER ID
BED LENGTH 1 60" CA
`" All vehicles will be ordered white w/ darkest interior unless clearly stated otherwise on purchase order.
FACTORY OPTIONS DESCRIPTION
GAZ H2G EXTERIOR COLOR SUMMIT WHITE WITH JET BLACK VINYL INTERIOR,
L6T MYD
MSRP $42,980.00
BASE VEHICLE PRICE $28,495.00
Engine, 6.6L V8 with Direct injection and Variable Valve Timing, gasoline, (401 hp (299 kW] 9 5200 rpm, 454 Ib•ft of
torque 1629 N -m] &1400D rpm)(STD) OYansmisslon, 6 -speed automatic, heavy-duty
(5TD)(Requires (LOT] 6.6L VO gas engine.)
GTY Wide track axle (increases Rear Axle Width by O" For Crane, Service, & Dump Bodies) (Allows for 54" Wide Load Floor
Inside Utility Body)
PCV WT Convenience Package - CHASSIS
Includes (AQQ) Remote Keyless Entry, (AKO) tinted windows, (K34) cruise control, (DK) power trailer mirrors with
heated upper glass and manual extending/folding and (C49) rear -window defogger, (AXG) power windows, express
up/down driver, (AED) power windows, express down passenger and (AU3) power door locks(Not available with 1210)
WT
1L1 Trailer brake controller, Integrated (Requires (282) Trailering Package. On Regular Cab models
requires (PCV) WT Convenience Package, (2L0) WT Fleet Convenience Package or (PEB) WT
Value Package.}
NCW Transfer case, two -speed active.
NZZ Skid Plates
(Included with (BAD] Work Truck Package, (271) 271 Off -Road Package or (VYU) Snow Plow Prep Package.)
VQO
Mao
$0.00
$185,00
51,670.00
$270.00
5195.00
5145.00
LPO, BLACK ASSIST STEP. -REG CAB- 5435.00
VK3 FRONT LICENSE PLATE BRACKET FACTORY ORDERED 50.00
5N5 Rear Camera Kit, Kit Includes camera, fixed position bracket & 19 ft cable with attachment clips. Rear camera radio $73.00
calibration provided from the factory. see Upfitter integration Bulletin for installation instructions at
www,gmupfitter.com
FACTORY OPTIONS $2,973.00
CONTRACT OPTIONS DESCRIPTION
NEW -TAG New CITY tag Includes temp tag & two way overnight shipping for signature. $245,00
CAMERA -GM Dealer Installed factory ordered camera (REQUIRES SN5). $195.00
3KR Additional key and remote, cut and programmed. 5215,00
K 6108054FJ Knaphelde 9" DRW Wide utility body with Flip Top 54" Load Floor for 60" CA (GMC/CHEVY Req's GTY) (Inludes 2nd 59,975.00
Stage MSO, Weight Slip, & Completed Vehicle Certification.)
K MLS -6 Master locking system 6 -door bodies 5565.00
K CLV-S3
K 7/4 WIRE
AJ 062516
K DIVIDE
HD USOB-T8
K WBB
Class V Hitch for Servlce Body 5590.00
7 way fiat camper trailer wiring with 4 prong flat 5155.00
Draw bar with 2.5/16" Ball, pin, and dip. $125.00
PROVIDE (20} EXTRA DIVIDERS 565,00
HD Scorpion spray on bed liner applied inside cargo area, tops of boxes, and rear bumper of 8' & 9' utility body. $1,005.00
KNAPHEIDETO FURNISH AND INSTALL 21" STORAGE BUMPER WITH STEP 55,365.00
CONTRACT OPTIONS $18,720.00
NJPA-ATLANTIC BEACH, CITY OF-CK31003 1WT 35952-3 CQuote-PDF Page 1 of 2
Page 25 of 100
Agenda Item #8.A.
14 Feb 2022
Off, t'0%
-- - -
-.
Sou rcewell 711
/1vH ala i i til it l a..l
SOURCEWELL [FORMERLY NJ PA) CONTRACT # 2022 120716 -NAF & 060920 -NAF www.NationalAutoFleetGroup.com
TRADE IN
VEHICLE TOTAL 531,468.00
MSRP DISCOUNT 26.8%
ACCESSORY TOTAL 56,720.00
CUSTOMER PRICE $50,188,00
2015 Ford F250 White 61806 Miles VIN: 1FT7X2A61 FEB4411M111.1 j ($12,O0O.00)
TOTAL COST LESS TRADE IN(S) QTY 1 $38,188.00
Estimated Annual payments for 60 months paid in advance: $8,552.54
Municipal finance for any essential use vehicle, requires lender approval, WAC.
Comments STOCK UNIT VIN: [VIN NA] READY FOR QUICK DELIVERY
VEHICLE QUOTED BY
CHRISTY SELF GOVERNMENT ACCOLJNT MANAGER christv.sellOalanlay.cem
"Y Went to be tout Fleet Provider"
1 appreciate the opportunity to Submit this quotaflon. Please review It carefully. ,f there are any errors or changes, please fee, free to contact me at any time.
I em always happy to be of assistance.
NJPA-ATLANTIC BEACH, CITY OF-CK310031WT_35352.3_Quote.PDF Page 2 of 2
Page 26 of 100
Agenda Item #8.A.
14 Feb 2022
ALAN JAY FLEET
SCOTT WILSON 1 863-402-4234 SCOTT.WILSON@ALANJAY.COM
Vehicle: [Fleet] 2022 Chevrolet Silverado 3500HD CC (CK31003) 4WD Reg Cab 146" WB, 60" CA Work
Truck ( Complete )
Window Sticker
SUMMARY
[Fleet] 2022 Chevrolet Silverado 35001 -ID CC (CK31003) 4WD Reg Cab 146" WB, 60" CA Work MSRP:$38,400.00
Truck
Interior:Jet Black, Vinyl seat trim
Exterior 1:Summit White
Exterior 2:No color has been selected.
Engine, 6.6L V8
Transmission, 6 -speed automatic, heavy-duty
OPTIONS
CODE
MODEL MSRP
CK31003 [Fleet] 2022 Chevrolet Silverado 3500HD CC (CK31003) 4WD Reg
Cab 146" VVB, 60" CA Work Truck
$38,400.00
OPTIONS
1 WT Work Truck Preferred Equipment Group $0,00
9L3 Spare tire delete $0,00
AE7 Seats, front 40/20/40 split -bench $0,00
AED Window, power front, passenger express down Inc.
AKO Glass, deep -tinted Inc.
AQQ Remote Keyless Entry, with 2 transmitters Inc.
AU3 Door locks, power Inc.
AXG Window, power front, drivers express upldown Inc.
C49 Defogger, rear -window electric Inc.
DBG Mirrors, outside power -adjustable vertical trailering Inc.
FE9 Emissions, Federal requirements $0.00
GAZ Summit White $0.00
GT4 Rear axle, 3.73 ratio $0,00
GTY Rear axle, wide -track $190.00
H2G Jet Black, Vinyl seat trim $0,00
IOR Audio system, Chevrolet Infotainment 3 system, 7" diagonal color $0,00
touchscreen, AM/FM stereo.
This document contains Information considered Confidential between GM and Its Clients uniquely. The information provided Is not Intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees, taxes end charges that may ba required by law or vary by manufacturer or region,
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based en report preparer's
Input is subject 10 the accuracy of the Input provided.
Data Version: 14540. Data Updated: Aug 26, 2021 12:36:00 AM POT.
Aug 26, 2021 Page 2
Page 27 of 100
Agenda Item #8.A.
14 Feb 2022
ALAN JAY FLEET
SCOTT WILSON 1 863-402-4234 1 SCOTT.WILSON@ALANJAY.COM
Vehicle: [Fleet] 2022 Chevrolet Silverado 3500HD CC (CK31003) 4WD Reg Cab 146" WB, 60" CA Work
Truck ( Complete )
JL1
K34
L8T
MYD
NCH
N72
PCV
QQO
R9Y
VK3
VC13
VQ0
Trailer brake controller, Integrated $275.00
Cruise control, electronic Inc.
Engine. 6.6L V8 $0.00
Transmission, 6 -speed automatic, heavy-duty $0,00
Transfer case, two -speed active, electronic Autotrac $200.00
Skid Plates $150,00
WT Convenience Package $1,675.00
Tires, LT235/80R17E all -season highway, blackwall $0.00
Fleet Free Maintenance Credit ($45.00)
License plate kit, front $0.00
Fleet Processing Option $0.00
LPO, Black work step $440.00
S UBTOTAL $41,285.00
Adjustments Total $0.00
Destination Charge $1,695.00
TOTAL PRICE $42,980.00
FUEL ECONOMY
Est City:N/A
Est Highway:N/A
Est Highway Cruising Range,NWA
This document contains Information considered Confidential between GM and Its Clients uniquely. The information provided Is not Intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not Include certain tees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures ere guidelines only, and actual performance may very. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
Input is subject to the accuracy of the input provided.
Data Version, 14549. Data Updated: Aug 28, 2021 12:36:00 AM POT.
Aug 28, 2021 Page 3
Page 28 of 100
Agenda Item #8.A.
14 Feb 2022
ALAN JAY FLEET
SCOTT WILSON 1 863-402-4234 1 SCOTT.WILSON@ALANJAY.COM
Vehicle: Fleet] 2022 Chevrolet Silverado 3500HD CC (CK31003) 4WD Reg Cab 146" WB, 60" CA Work
Truck (: complete )
Standard Equipment
Mechanical
Exterior
Engine, 6.8L V8 with Direct Injection and Variable Valve Timing, gasoline, (401 hp [299 kWj @ 5200 rpm, 464 Ib
-ft of torque [629 N -m] Q 4000 rpm) (STD)
Transmission, 6 -speed automatic, heavy-duty (STD) (Requires (L8T) 6.6L V8 gas engine.)
Rear axle, 3.73 ratio (Requires (L8T) 6.6L V8 gas engine. Not available with (L5P) Duramax 6.6L Turbo -Diesel
V8 engine.)
Auto -locking rear differential
Air filter, heavy-duty
Air filtration monitoring
Transfer case, two -speed, electronic shift with push button controls (Requires 4WD models.)
All -wheel drive
Cooling, external engine oil cooler
Cooling, auxiliary external transmission oil cooler
Battery, heavy-duty 720 cold -cranking amps/80 Amp -hr, maintenance -free with rundown protection and retained
accessory power (Included and only available with (L8T) 6.6L V8 gas engine.)
Alternator, 170 amps (Requires (LST) 6.6L V8 gas engine.)
Recovery hooks, front, frame -mounted, Black
Body, Chassis Cab
Frame, fully -boxed, hydroformed front section and an open "C" rear section
GVWR, 14,000 lbs, (6350 kg)
Suspension Package
Steering, Recirculating Ball with smart flow power steering system
Brakes, 4 -wheel antilock, 4 -wheel disc with DURALIFE rotors
Fuel tank, front and rear, 63.5 gallon
Capped Fuel Fill
Tires, LT235160R17E all -season highway, blackwall (STD)
Spare tire delete Deletes the spare tire end wheel. (STD)
Wheels, 17" (43.2 cm) painted steel
Dual Rear Wheels
This document contains information considered Confidential between GM and Ns Clients uniquely. The Information provided is not Intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by taw or My by manufacturer or region,
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based an report preparers
input is subject to the accuracy of the input provided.
Data Version: 14540. Data Updated: Avg 26, 2021 12:36:00 AM PDT.
Aug 26, 2021
Page 4
Page 29 of 100
Agenda Item #8.A.
14 Feb 2022
ALAN JAY FLEET
SCOTT WILSON 1 863-402-4234 SCOTT.WILSON@ALANJAY.COM
Vehicle: [Fleet] 2022 Chevrolet Silverado 3500HD CC (CK31003) 4WD Reg Cab 146'r WB, 60" CA Work
Truck ( Complete )
Exterior
Entertainment
Interior
Wheel trim, painted center caps
Bumpers, front, Black
Bumper, rear, delete
Moldings, beltline, Black
Grille (Front grille bar wlth "CHEVROLET" molded in Black, includes Black mesh inserts with small Gold bowtie
emblem.)
Headlamps, halogen reflector with halogen Daytime Running Lamps
Lamps, Smoked Amber roof marker, (LED)
Lamps, cargo area, cab mounted integrated with center high mount stop lamp with switch in bank on left side of
steering wheel
Mirrors, outside high -visibility vertical trailering lower convex mirrors, manual-folding/extending (extends 3.31"
[84,25mm]), molded in Black
Mirror caps, Black
Glass, solar absorbing, tinted
Door handles, Black grained
Audio system, Chevrolet Infotainment 3 system, 7" diagonal color touchscreen, AM/FM stereo. Additional
features for compatible phones include: Bluetooth audio streaming for 2 active devices, voice command pass-
through to phone, wired Apple CarPlay and Android Auto capable. (STD)
Audio system feature, 2 -speakers (Requires Regular Cab model.)
Bluetooth for phone, connectivity to vehicle Infotainment system
Seats, front 40/20/40 split -bench with upper covered armrest storage with fixed lumbar (STD)
Seat adjuster, driver 4 -way manual
Seat adjuster, passenger 4 -way manual
Vinyl seat trim
Floor covering, rubberized -vinyl
Steering column, TR -Wheel, manual with wheel locking security feature
Steering wheel, urethane
Instrument cluster 6 -gauge cluster featuring speedometer, fuel level, engine temperature, tachometer, voltage
and ail pressure
Driver Information Center, 3.5" diagonal monochromatic display
This document contains information considered Confidential hetween GM and Its Clients uniquely. The information provided Is not intended for public disclosure. Prices,
specifications. and availability am subject to change without notice, and do not Include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
Input Is subject to the accuracy of the Input provided.
Data Version: 14640. Data Updated: Aug 26, 2021 12:36:00 AM POT.
Aug 26, 2021 Page 5
Page 30 of 100
Agenda Item #8.A.
14 Feb 2022
ALAN JAY FLEET
SCOTT WILSON 863-402-4234 1 SCOTT.WILSON@ALANJAY.COM
Vehicle: [Fleet] 2022 Chevrolet Silverado 3500HD CC (CK31003) 4WD Reg Cab 146" WB, 60° CA Work
Truck ( Complete )
Interior
Safety -Mechanical
Safety -Exterior
Safety -Interior
Exterior Temperature Display located in radio display
Brake lining wear indicator
Windows, manual (Requires Regular Cab model.)
Door locks, manual (Requires Regular Cab model.)
Power outlet, front auxiliary, 12 -volt
USB ports, 2 (first row) located on instrument panel
Air conditioning, single -zone
Mirror, inside rearview, manual tilt
Assist handles front A -pillar mounted for driver and passenger, rear B -pillar mounted
Backup alarm calibration. This calibration will allow installation of an aftermarket back-up alarm by disabling
rear perimeter lighting (Deleted when (8S3) Back-up alarm is ordered.)
StabiliTrak, stability control system with Proactive Roll Avoidance and traction control, includes electronic trailer
sway control and hill start assist
Daytime Running Lamps with automatic exterior lamp control
Airbags Dual -stage frontal airbags for driver and front outboard passenger; Seat -mounted side -impact airbags
for driver and front outboard passenger, Head -curtain airbags for front and rear outboard seating positions;
Includes front outboard Passenger Sensing System for frontal outboard passenger airbag (Always use seat
belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child
restraint, See the Owner's Manual for more information.)
Tire Pressure Monitoring System with Tire Fill Alert (does not apply to spare tire)
Teen Driver a configurable feature that lets you activate customizable vehicle settings associated with a key fob,
to help encourage safe driving behavior. It can limit certain available vehicle features, and it prevents certain
safety systems from being turned off. An in -vehicle report card gives you information on driving habits and helps
you to continue to coach your new driver
This document contains Information considered Confidential between GM and Its Clients uniquely. The Information provided is not Intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not Include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content basad on report preparer's
input is eubjeot to the accuracy of the Input provided.
°ata Version: 14540, Data Updated: Aug 26, 2021 12:36:00 AM PDT.
Aug 26, 2021 Pape 6
Page 31 of 100
Agenda Item #8.A.
14 Feb 2022
ALAN JAY FLEET
SCOTT WILSON 1 863-402-4234 1 SCOTT.WILSON tf ALANJAY.COM
Vehicle: [Fleet] 2022 Chevrolet Silverado 3500HD CC (CK31003) 4WD Reg Cab 146" WB, Gorr CA Work
Truck ( complete)
WARRANTY
Warranty Note: erg Preliminary 2022 Warranty >»
Basic Years: 3
Basic Miles/km: 36,000
Drivetraln Years: 5
Drivetrain Miles/km: 60,000
Drivetraln Note HD Duramax Diesel: 5 Years/100,000 Miles; Qualified Fleet Purchases: 5 Years/100,000 Mlles
Corrosion Years (Rust -Through): 6
Corrosion Years: 3
Corrosion Miles/km (Rust -Through): 100,000
Corrosion Miles/km: 36,000
Roadside Assistance Years: 5
Roadside Assistance Mileslkm: 60,000
Roadside Assistance Note: HO Duramax Diesel: 5 Years/100,000 Miles; Qualified Fleet Purchases: 5
Years/100,000 Miles
Maintenance Note: 1 Year/1 Visit
This document contains information considered Confidential between GM and Its Clients uniquely. The Information provided 1s not Intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region,
Performance Flgures aro guldellnee only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparers
input Is aubJect to the aocuracy or the Input provided.
Data Version: 14640. Data Updated: Aug 26, 2021 12:36:00 AM PDT.
Aug 26, 2921
Pare
Page 32 of 100
Agenda Item #8.A.
14 Feb 2022
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Page 33 of 100
Agenda Item #8.A.
14 Feb 2022
Date of Request:
Asset Tag #:
Department:
Gity of Atlantic Beaute
Captial Asset Disposal Request Form
2/3/2022
Public Utilities
Serial No.
Vehicle VIN No.
Location:
ue.cription or Item Including justification for disposal request:
1 F ixzkkol FEB45410
i ypical auction suplus is negliable
New 2022 Chevy Silverado 3500HD is $50,188 minus our trade in of 12,000 = 4i38,188
Current hours on truck =9940+
Current mileage on 2015 Utility truck is 65,600*
It was recommended by First Vehicle (our mechanic) to replace this truck nue to the engine hours.
Average depreciation of this vehicle is 7.5 years
Reason for Disposal Request:
Not Working &
Beyond Repair
Date:
Not Working -
Cannibalized
Needs Repair
Working -Obsolete
Date:
Working -Good
Destroyed
Working -Fair
Form Completed Bv:
-Troy-Stepri
Finance Department Use Only:
Date Sent to Commission: 2/14/2022
Approved: Denied:
Current Book value
Amound Sold For/Trade In 12,000
Date Entered into System:
Disposition Method:
Online Auction/Sold
Date:
Cannibalized
Date:
Donated
Date:
Destroyed
Date:
Traded In
Date:
X
Transferred
Date:
Entered By:
Page 34 of 100
Agenda Item #8.B.
14 Feb 2022
AGENDA ITEM:
SUBMITTED 13Y:
TODAY'S DATE:
MEETING DATE:
BACKGROUND:
BUDGET:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Resolution No. 22-13 - Engineering Services for the Wastewater Treatment
Plant Headworks Hydraulics and Piping Improvements
Troy Stephens, Public Utilities Director
February 2, 2022
February 14, 2022
Staff received a Scope & Fee Proposal from Jones Edmunds Engineering in the
amount of $63,599.00. This Proposal is to provide professional engineering
services to relocate the RAS pipe to the unused aeration flow -splitter box
connection point and replacement of the headworks screen manifold discharge
pipe. The WWTF piping system between the static screens and the headworks of
the plant has a history of becoming hydraulically overloaded during wet, high-
flow conditions; and the wastewater has backed up in the piping and into the
collection pans beneath the screens causing them to overflow.
The tasks included in the Scope & Fee Proposal include Jones Edmunds'
services of virtual and in-person meetings, data gathering, development of a
technical memorandum, preliminary and final design, regulatory agency
notification, and bid phase services. The improvements to the WWTP will
require temporary bypass piping and pumping. Jones Edmunds will include a
temporary bypass plan and maintenance of plant operation in the design.
The City has a Professional Engineering Services Agreement with Jones
Edmunds, and this scope of work would be Task Authorization No. III, under
said Agreement.
Funds are budgeted in the infrastructure account 410-5508-535-6300 under
project number AR2208.
RECOMMENDATION: Approve Resolution No. 22-13
ATTACHMENT:
1) Resolution No. 22-13
2) Proposal from Jones Edmunds dated January 13, 2022,
3) Fee Proposal from Jones Edmunds January 12, 2022
4) Photos of WWTF
5) Aerial Photo
REVIEWED BY CITY MANAGER:
Page 35 of 100
Agenda Item #8.B.
14 Feb 2022
RESOLU 1101N NV_ 22-13
A RESOLUTION OF "1'HE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING ENGINEERING SERVICES TO UPGRADE THE
WASTEWATER TREATMENT FACILITY HEADWORKS HYDRAULICS
AND PIPING, AU1HOKILINli IHE Cll'Y MANAGER '10 EXECUTE
CON IRAC '1S AND PURCHASE ORDERS IN ACCORDANCE WITH AND
AS NECESSARY '1'O EFFECTUATE THE PROVISIONS OF "1'1115
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 13, 2022, stall received a proposal trom Jones Edmunds Engineering,
in the amount of $63,599.00 to provide professional engineering services tor the relocation ot the RAS
piping and replacement of the headworks screen manifold discharge pipe; and
WHEREAS, the wastewater treatment plant piping system between the static screens and the
headworks of the plant has a history of becoming hydraulically overloaded during wet, high-flow
conditions; and
WHEREAS, the wastewater has backed up ;u the p;ping and into the collection pans beneath
the screens causing them to overflow; and
WHEREAS, Jones Edmunds Engineering visited the wastewater treatment facility and agreed
that relocating the RAS flow connection point was the preferred alternative and should be
implemented; and
WHEREAS, the tasks included in the proposal include permitting, design, bidding assistance
and pertormance ot construction administration; and Jones Edmunds will include a temporary bypass
plan and maintenance of plant operation in the design.
WHEREAS, the City has a Piotess;onal Engineering Services Agreement with Jones
Edurunds Engineering, and this scope of work would be 'Task Authorization No. 111 under said
agreement; and
WHEREAS, funds for this design are budgeted in the infrastructure account 41 U-55Ua-535-
6300 under project number AK22115; and
NOW T1rEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1. The City Commission hereby authorizes the City Manager to execute 'Task
Authorization No. 111, with Jones Edmunds Engineering, in the amount of $63,599.00 for Engineering
Services related to Wastewater Treatment Facility Headworks Hydraulics and Piping as described in
Jones Edmunds Engineering proposal dated January 13, 21122, and;
SEC1ON z. 1 he City uommission hereby authorizes the City Manager to approve a
rurchase Order to Jones Edmunds Engineering, in the amount of $63,599.00 for said Task
Authorization No. III.
SECTION 3. This Resolution shall take effect immediately upon its passage and adoption.
Page 36 of 100
Agenda Item #8.B.
14 Feb 2022
PASSED AINI AIUY I L1) by the laity OT Atlantic tieacn, tnis I4`h day of February, 2022.
Attest:
Donna L. Bartle, City Clerk
Approved as to torm and correctness:
Brenna M. Durdeii, City Attorney
Ellen Glasser, Mayor
Page 37 of 100
Agenda Item #8.B.
14 Feb 2022
JonesEdmundi
integrity • Knowledge • Service
January 13, 2022
Steve Swann, PE
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Task Authorization #3 -- WWTF Hydraulics and Piping Improvements
RFQ 20-01 Professional Engineering Services Agreement
Jones Edmunds Project No. 08505-009-01
Dear Mr. Swann:
Based on discussions with City staff and a site visit to the Wastewater Treatment Plant (WWTP), we
understand that the City intends to improve the headworks hydraulics and piping at WWTP. The piping
system between the static screens at the headworks of the WWTP and the flow splitter box at the Front of
the aeration basins has a history of becoming hydraulically overloaded during wet, high-flow conditions.
The wastewater has backed up in this piping and into the collection pans beneath the screens causing
them to overflow.
Jones Edmunds visited the site with City staff on November 18, 2021. At the site visit, the City and Jones
Edmunds agreed that relocating the RAS flow connection point was the preferred alternative and should
be implement first to determine if that is the main cause of the issue before replacing the 24 -inch pipe.
The existing RAS pipe currently tees into the 24 -inch pipe below to the flow splitter box. These
improvements will relocate the RAS pipe to south side of the flow splitter box and tie -into an unused
portion of the box that was constructed for use to send flow to an additional aeration basin. The City
doesn't anticipate that the additional aeration basin will be required at the WWTP and indicated that it is
preferred that this portion of the box be used for the relocation of RAS pipe connection point.
During the site visit, the City indicated that the manifolded static screen discharge pipe has leaked in
multiple locations and needs to be repaired or replaced. This pipe has already been repaired at the
locations, but it is anticipated that leaks will continue to occur due to Its age and condition.
The City requested a scope of services from Jones Edmunds to relocate the RAS pipe to the unused
aeration flow -splitter box connection point and replacement of the headworks screen manifold discharge
pipe, Jones Edmunds' services will include virtual and in-person meetings, data gathering, development
of a technical memorandum, preliminary and final design, regulatory agency notification, and bid phase
services. The improvements to the WWTP will require temporary bypass piping and pumping. Jones
Edmunds will include a temporary bypass pian and maintenance of plant operation in the design.
We look forward to continuing to assist the City. Please don't hesitate to contract us at 904-380-6521 or
BIcermanta Jonesedmunds.com, or Anthony Holmes at 813-505-4676 or AHolmes[Jonesedmunds.com.
Sincerely,
Brian Icerman, PE
Managing Director/Senior Vice President
111papenOliPANGLIENT510s505-ausnac9eachlapportunitleagiaadworka Hydraulica & Piping
Improvamanta12022-10-01_ Proposat_MW Hydraulics& Piping Improvamards.doc,r
Anthony Holmes, PE
Senior Engineer
800.237.1053 1ONESEDMUNDS.COM
Page 38 of 100
Agenda Item #8.B.
14 Feb 2022
January 13, 2022
Page 2
SCOPE OF SERVICES
We plan to complete this project in three tasks.
TASK 1: TECHNICAL MEMORANDUM AND PRELIMINARY DESIGN
Jones Edmunds will prepare a technical memorandum (TM) and a set of preliminary (30%) design
drawings with a list of technical specifications. The TM will include:
• Purpose and Background,
• Summary of the Improvements.
• Preliminary Bypass Plan Description/Maintenance of Plant Operation Goals.
• Preliminary Engineer's Opinion of Construction Cost (EOPCC).
• Preliminary (30%) Design Drawings (Attached to the TM).
• List of Technical Specifications (Attached to the TM).
Deliverable: Draft and Final Electronic copies of the TMs with 30% drawings and a technical specification
list attached for City review and comment,
TASK 2.. FINAL DESIGN
This project Is a repair and replacement project therefore no permitting Task is anticipated. Jones
Edmunds will notify the Florida Department of Environmental Protection (FDEP) via e-mail of the work
prior to starting the Final Design (Task 3) and when the work is anticipated to commence. If a minor
modification is required, then Jones Edmunds will request usage of the contingency included in the
proposal fee.
Due to the lack of permitted anticipated and the relatively limited unknowns, Jones Edmunds proposed to
move directly from the 30% design drawings directly to 90% design and lastly Bid Documents (drawings
and specifications) for this project. The design elements will be based on the accepted TM, The number
of drawings and specification sections will be adjusted as the design develops to succinctly convey the
design elements to the general contractors, Jones Edmunds will use its standards and details unless the
City standards and details applicable. Jones Edmunds will check for conformance on the City standards
for this project. AutoCAD version 2018 will be used.
Jones Edmunds will use the City's Front -End Documents (Division 0) for the Bid !Document specifications
package such as the Advertisement for Bid, Instructions to Bidders, Bid Form, Bid Bond, Contract
Agreement, General, and Supplemental Conditions, etc.
90% Design Documents.
• Prepare 90% design drawings and specifications (general, structural, and mechanical) incorporating
the City Comments from the TM and 30% design review.
• Prepare a 90% design EOPCC.
• Submit to the City for review and comments.
• Conduct one design review meeting to discuss City comments.
• Jones Edmunds will produce a summary list of the City comments,
Deliverables: Electronic copies of the 90% design drawings, specifications, and EOPCC.
Page 39 of 100
Agenda Item #8.B.
14 Feb 2022
Bid Documents
ar
Prepare Bid Documents (drawings and specifications) incorporating the City Comments from the 90%
Design review.
Coordinate with the City on these documents to prepare for Bid.
Prepare a Bid level EOPCC,
Deliverables: Electronic copy of the Bid Document drawings and specifications will be digitally signed,
dated and sealed by the Engineer of Record and up to four hard copies as requested by the City.
TASK 3 BIGDiNG-PHASE SEfiVICES
For kidding -phase services Jones Edmunds will do the following:
Attend one pre-bid meeting and a pre-bid site visit (if required)
Prepare up to three bid addenda as required to addresslrespond to questions and comments
submitted to the City by prospective bidders.
• Tabulate and evaluate the submitted bids and provide a bid evaluation letter to the City for award.
ASSUMPTIONS AND CLARIFICATIONS
• We assume construction phase services including notifying the FDEP of completion are excluded. An
amendment to this contract for construction phase services can be provided upon request.
We assume only an FDEP notification of the work is required, and this project does not require any
regulatory permitting or fees.
Additional permitting services beyond what is described in the scope of services are excluded.
▪ A survey is not required for design.
• All drawings and specifications will meet the City standards and prepare in English units.
• Technical Specifications will be developed using Jones Edmunds standard 16 -Division Construction
Specification Institute (CSI) format and where applicable updates will be made to conform to the City
standards.
SCHEDUL E
We anticipate completing Tasks 1 and 2 in approximately 120 days. A detailed project schedule will be
agreed upon at the project Kickoff Meeting,
COMPENSATION
We propose to provide these services on a lump -sum basis in accordance with the terms of RFQ 20-01
for a fee of $63,599. A breakdown of the fee by task is included in Attachment A.
Page 40 of 100
OOT Jo T17 abed
RFP 20-01 Rrcfessional E ngineering Services Agreement
1askAuthorization 3: WW1P Hydraulia and Piping Irr provementsl
FROJEC1 EUDGET EY: Anthony Holmes
Title/Job Description
Project Offcur Sepia 1 Engineer
Senior C AD
Designer
Engineer la tem
Submit ed: 11112 2022
Fldministr tine
AS91et/nt Sul consultant Fees
Ottle r Direct
C osis
Line Its m F our.
Line Item
Cost:
Labor Rate
$85.00
$75.00
$42.00
$30.00
$28.00
Hourly Rate (Labor x 150% OH x 10% Profit)
$233.75
$206.25
$115.50
$82.50
$77.00
ELEMENT & TASK DESCRIPTIONS
Task 1: TM a n d Preliminary Design
20.0
32.0
36.0
28.0
4.0
$ 1,000
$500
120.0
$19,551
Ta s 2: Fina I Design
0.0
$0
Soh Design Da acme nts
16.0
42.0
60.0
46.0
5.0
$200
169.0
$23,713
Bid Documents
10.0
20.0
25.0
26.0
6.0
$ 2,000
$200
87.0
$14,157
Task 2: Bid Phase Services
4.0
12.0
4.0
12.0
8.0
$ 500
$200
40.0
$6,178
Total Hours
50.0
106.0
'125.0
112.0
23.0
Total Costs
$11,688
$21,863
$14,438
$9,240
$1,771
$3,500
$1,100
416.0
$63,599
Agenda Item #8.B.
14 Feb 2022
Page 42 of 100
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Agenda Item #8.B.
14 Feb 2022
REROUTE RETURN
ACTIVATED SLUDGE LINE
HEADWORKS
PIPING REPAIRS
Atlantic Beach, Florida
Engineering Department
Bon Seminole Road
Atlantic Beach, FL 31133
www.coab.ui
904.1'1.7.5874
WWTP Headworks Improvement Project
Page 48 of 100
Agenda Item #8.C.
14 Feb 2022
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Resolution (No. 22-14).
SUBMITTED BY: Steve Swann, City Engineer
TODAY'S DATE: February 2, 2022
MEETING DATE: February 14, 2022
BACKGROUND: The City of Atlantic Beach Public Utilities Department is planning to
demolish the water tower at Water Treatment Plant No. 1 on 111h Street. The water tower is beyond
its useful service life and planned upgrades to the water treatment plant render the water tower
obsolete. The City has leased space for cell antennas on top of the water tower since 1995 to
provide coverage to a large portion of the Atlantic Beach. In addition to the passive revenue this
lease agreement generates, it reduces the need for additional cell towers throughout the city, The
current lessee is Verizon.
Prior to demolishing the water tower, Verizon plans remove their antennas from the water tower
and install a portable cell tower referred to as a "cell on wheels" (COW) to maintain cell service
until a monopole cell tower can be constructed on the site of the water tower. The proposed
monopole cell tower will be 120 feet high with a 10 foot tall lightning rod. The antennas that will
be placed on the new cell tower are no higher than the existing antennas.
To accomplish the transition from the current antennas on the water tower to the COW and then
to a new monopole cell tower, staff has negotiated a land lease, access and temporary use
agreement and a memorandum of land lease, access and temporary use agreement with Verizon.
On March 17, 2021, Statista reported less than 40% of households have operational landlines.
https://w w.statista.comichart/2072/landline-phones-in-the united -states/. Many homes now only
have cellular service and rely on cell service as means to make emergency calls,
The permanent removal of the water tower and antennas would create a gap in coverage that will
leave many with reduced coverage, slower access speeds and weak signals. This can result in a
public safety issue in etnergency situations. Therefore, this non -city infrastructure is critical to the
functional operation of local mobile devices.
Section 19-36.1 of the Code of Ordinances limits the maximum height to no taller than what is
currently on the site..." limits to the tallest existing utility pole as of July 1, 2017, located in the
same city public rights-of-way, other than a utility pole for which a waiver has previously been
granted." Therefore, after the removal of the water tower the new monopole cell tower is limited
to the maximum height of the existing antennas on the water tower, 120 feet.
Page 49 of 100
Agenda Item #8.C.
14 Feb 2022
The proposed resolution approves the land lease, access and temporary use agreement and the
memorandum of land lease, access and temporary use agreement with Cellco Partnership, a
Delaware General Partnership d/bla Verizon Wireless for the lease of a portion of city property
located 469 11`" Street for a monopole tower and related communications equipment, together
with the right to temporarily use a portion of the city property for a "cell on wheels" for up to a
total of twenty-five years; authorizing the mayor to execute the agreements.
BUDGET: No budget impact.
RECOMMENDATION: City Commission approve Resolution No. 22-14.
ATTACHMENTS: Resolution No. 22-14
Exhibit A — Land Lease Access and Temporary Use Agreement
Exhibit B — Memorandum of Land Lease and Temporary Use
Agreement
Monopole Tower Photo -Simulations
REVIEWED BY CITY MANAGER:
Page 50 of 100
Agenda Item #8.C.
14 Feb 2022
RESOLUTION NO. 22-14
A RESOLUTION OF THE CITY uF A I CAN I IC BEACH, FCuRIDA APPRuvIIau THE LAND
LEASE, ACCESS AND TEMPORARY USE AGREEMEN I AND I HE IGItIGIURANuuM uF
LAND LEASE, ACCESS AND TEMPORARY uSE AGREEMENT WITH CECCcw
PARINtRSHIP, A utwwARt vENERAL PARTNERSHIP D/B/A VERIZON WIRELESS
FOR THE CEASt uF A PUR I Lull uF u I Y PRuPtR I Y AT 469 11TH STREET FOR A
MONOPOLE TOWER AND RELATED CUMMUNICA I IUN5 EQuIPMtN I, I uuE I HtR
WITH THE RIGHT TO TEMPORARILY uSE A PORTION of THE CITY PROPtR I Y FuR A
"LEEC UN WMtELS" FOR UP TO A TOTAL OF TWENTY FIVE YEARS; AUTHORIZING
TRE MAYOR 1 u tXEcu 1 t 1 Ht AuRttMtNN 15.
WHEREAS, verizon has leased space ori the city's water tower located at the Public Works
yard on 11t^ Street fur its antennae and related communications equipment since 1995; arid
WHEREAS, the city advised verizun that it would be removing the water tower and
verizon would no longer be able to lease space on the water tower; and
WHEREAS, verizon advised the city that a gap in service would exist without the
communications equipment and requested tI9e City to enter into a new ground lease fur a
monopole tower and related communications equipment, together with a right to construct a
temporary "cell on wheels" for communications purposes until the permanent monopole tower
is operative; and
wREREAS, the communications facilities to be provided by verizon are considered critical
to the functional operation ot mobile devices witRin Atlantic Beach; and
wREREAS, the maximum height ot the monopole tower slap be limited to 12u feet above
existing grade, plus a ten toot tali IigFltning rod, which is the same height as the water tower
were the Lommurkation faLIlltieS currently exist.
NOW THEREFORE, be it resoived by the city commission of the City of Atlantic Beach,
Florida, as follows:
SECTION 1. 1 Fie city commission hereby approves the Land Lease, Access and Temporary
use Agreement ("verizon Agreement") and the Memorandum ot Land Lease, ACCess and
Temporary Use Agreement ("Memorandum") as set forth in Exhibits A and B, attached hereto
and made a part hereof.
SECTION 2. I Re Mayor is hereby authorized to execute the attached Verizon Agreement
and the Memorandum, and such other documents as may be necessary to ettectuate the purpose
of this Resolution.
SECTION 3. This Resolution shall take effect immediately upon its passage arid adoption.
Page 51 of 100
Agenda Item #8.C.
14 Feb 2022
PASSEu Alau AuuP i Eu by the city of Atlas itiL bead), this day of 2022.
Attest:
Donna L. Bartle, City ClerRC
Approved as to form acid wrreLtcceS:
Breima 171. Durden, city Attvrcccy
Ellen Glasser, Mayor
Page 52 of 100
Agenda Item #8.C.
14 Feb 2022
EXIli1611 A
CtssEE site ID: selva Mar ina / 61039,
EANu EtAst ACt=tSS ANU r EIGIPORARY ust AGRttIGItiG r
his Cand [ease Access and Temporary Use Agreement (the "Agreement") is made this
day of , 2022 (the "Effective Date"), by and between City of Atlantic
Beach, Florida, a Florida municipal corporation with an addle» of 2500 semirrole Road, Atlantic Beach.
Florida 6LL66, hereinafter designated [EssuR, and Cellco Partnership, a Delaware general partnership
d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge,
New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LEsstE, LESSOR and EtssEE
are at time. collectively referred to hereinafter a. the "Poi tie." or individually as the "rorty."
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally bound
hereby, the Parties hereto agree a. foilow.:
1. PREIGIISEs AICD Ci lVIIGIUIGICAI MGs EUUIPIGIEIG T. In accordance with this Agreement,
LESSOR hereby leases to LESSEE, and LESSEE hereby leases from LESSOR, the Premises (as hereinafter
defined), which are a part of that certain real property owned, leased or controlled by LtSSOR and located
at 469 11th street, Atlantic Beach, Florida 61L66 (the "Property") for the parpo.es of installing,
maintaining, arid operating communications equipment including, but not limited to, a monopole tower
no greater in height from existing grade than one hundred and twenty feet (120'), and a ten (10) foot
lightning rod related communications equipment, antennae, conduit., fencing arid other Jcr eenirrg
(hereinafter collectively, the "Communications tgaipment") and the support services (as defined
hereafter). The Property is legally described on Exhibit "A" attached hereto and made a part hereof. The
"Premises" is a portion of the Property containing approximately 3,600 square feet, and it is legally
described and shown in detail on EAhibit "B' attachea hereto dila maae a part hereof,
L. IIGI r IHC !ERP'. i his Agreement shall be effective as of the Effective Date. The initial
term of the Agreement shall be for five (5) years beginning on the first day of the month immediately
following the date upon which LESSEE begins operating Communications Equipment from the
replacement monopole tower to be corbtr acted by CtSSEE at the Pr emke(the "Corrrrrrencement Date")
provided, however, that, unless the Parties mutually agree otherwise in writing, the Commencement Date
shall be no later than one (1) year from the date LESSOR completes demolition of the LESSOR's existing
water tower located as of the Effective Date on the Premises. The Partie. agree to acknowledge the
Commencement Date and date of demolition completion i, r vvr iting.
EX' ENSIONS. This Agreement shall automatically be extended for four (4) additional
five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written
notice of the intent to terminate at least six (6) months pr for to the end of the their car r ei ter mor CEssurt
termirrateit at the end of the aetond, third or fourth renewal terms pursuant to paragraph 9(b) hereof.
rhe initial term and all extensions shall be collectively referred to herein as the "Term".
4. RENTAL.
(a) Rental payments shall begin on the Commencement Date arid be dee ata total
initial anneal rental rate of shirty One Thousand Five Hundred and XX/100 Dollars ($61,500.00)
to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR at
800 Seminole Road, Atlantic Beach, Florida 32233 or to such other person, firm, or place as
LtssUR may, from time to time, deaigri toin wilting at Ieaot 6U clap in advance of any rental
payment date by notice given in accordance with Paragraph 19 below. Notwithstanding the
foregoing, LESSOR and LESSEE acknowledge and agree that the initial rental payment(s) may not
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LESSEE Site ID: Selva Marina / bi0i f
be delivered by LESSEE for up to ninety (90) days after the Commencement Date. The annual
rental rate for each and every year following the initial yea mall oe the annual ient in effect for
the previoab yeas of this Hgieement increased by two percent (2%). Upon agreement of the
Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to
provide to LESSEE bank routing information for such purpose upon regae.t of CEssEE.
(b) Foy any party to venom ental payments are to be made, LESSOR or any successor
in interest of CESSOR hereby agrees to provide to LESSEE the following: (i) a completed, current
version of Internal Revenue Service Form W-9, or equivalent: (11) complete and fully enecated
state and local withholding foi mb if ieyaii ed. and (iii) other documentation to verify CESSOR's or
bacn other palty'light to receive rental as is reasonably requested by LESSEE. Rental shall accrue
in accordance with this Agreement, but LESSEE may not deliver rental payments for up to ninety
(90) days after the requested documentation has been received Dy LESSEE.
5. ACCESS EHsEIVIEIN i , LESSEE mall have the non-exclusive right of ingress and egress from
iith street, / days a week, 24 hours a day, to and from the Premises for the purposes of installation,
operation and maintenance of LESSEE's Communications Equipment over or along the twenty (20) foist
wide area (the "Access Easement"), which is legally deba;bed and depicted ,ni Enhibit "6" attached hereto
and made a pail neieof. [EssEE may also ase the Access Easement for the installation, operation and
maintenance of wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other
similar support services to operate the Communications Equipment (collectively, the''suppuit se. vice"),
subject,
subject, however, to the eAbtence of otnei imp, ovement alid easements existing within the Access
Ea,ement. if sappm services necessary to serve the Communications Equipment cannot be located
within the Premises or the Access Easement, LESSOR agrees to cooperate with LESSEE and to use best
efforts to identify an alternate location for the Support Sei vice. jn the Piupeity vvith„at requiring
additional conidelatio f our LESSEE Abject to prior written approval by the LESSOR'S City Manager.
LESSOR hereby acknowledges that the Support Services are required for the operation of LESSEE's
Communications Equipment.
6. CONDITION OF PROPERTY. LESSEE epi eelt that it ha o iii�pected and examined the
Property, PrerriLeand the i -access Easement as ofJuly 8, 2021 and hereby accepts the Property, Premises
and the Access Easement in their respective "as is" condition as such condition existed on such date.
LESSEE has not relied on any statements or information provided by LESSOR in maxi' tnib deter urination.
7. IMPROVEMENTS. inc Commanicatio. Equipment and support services shall be
co.tracted and maintained at [EssEE's sole expense, and installation shall be at the discretion and option
of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its Communications
Equipment, and Support Services, or any portion thereof and, subject to the uviblu of Pal agi aph .LZ
below, the frequencies ovei Wn;en the Commaiiicatio . Equipment operates, whether or not any of the
Communicatio. Equipment, support Services, or frequencies are listed on any exhibit to this Agreement.
8. GOVERNMENT APPROVALS. LESSEE's use of the Premises is contingent upon LESSEE
obtaining all of the certificates, permits and other approvals (collectively, the "Guvei nment i., uvak")
that may be required by any Fecal, state 01 Coca! authorities (collectively, the "Government Entities").
7. i ERMINATION.
(a) LESSEE may, unless otherwise stated, terminate this Agreement upon thirty (30) days
written notice to LESSOR: (i) if any application fog Jaen Gvvei limeiit Hppi walk Aoald be finally
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Agenda Item #8.C.
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LESSEE Site ID: Selva Marina / 6103w
rejected: (ii) if any Government Approval issued to LESSEE is canceled, expires, lapses or
otherwise withdrawn or terminated by any Government Entity: (iii) it LESSEE determines that
such Government Approvals may not oe v6tained ilia timely manner; (iv) if LESSEE determines
any .tructural unsatisfactory; (v) if LESSEE, in its sole discretion, determines its use of
the vremises is obsolete or unnecessary; (vi) with six (6) months prior written notice to LESSOR,
upon the anniversary of the Commencement uate: or (vii) at any time before the
Commencement uate tor any rect.'''. or no reason in LESSEE's sole discretion; provided,
however, that in any such event of termination described in this sub -paragraph (a), the
provisions of this Agreement shall remain in effect and LESSEE hall cu Itiiue to pay rent to
LESSOR through the last day ortne month in which any Communications Equipment remains at
or VII the vremi.e..
(b) LESSOR shall have the right to terminate this Agreement at the eApiration of the
second, third or fourth renewal terms, as may be applicable, by giving LESSEE written notice of
the intent to terminate at leant ain (6) months prior to the end of the then -current term.
10. IIVSURHNCE; INDEMNIFICATION.
(a) During the Term of this Agreement, the Parties agree tnat at their ovvn cyst and
expense, each will maintain commercial general liability ill.urance with limits of $2,000,000 for
bodily injury (including death) and property damage per occurrence and $2,000,000 general
aggregate. LESSEE shall include LESSOR as an additional insured as its interest Islay appear
under this Agreement on such insurance policy. i ne nall provide a certificate of said
insurance to the other party, upon receipt of notice from their insurer(s), each Party shall
provide the other i'arty with thirty (30) days' prior written notice of cancellation of any required
coverage.
(b) LESSEE shall indemnify and hold LESSOR narmle» against any claim made by any third
party of liaaility or lo.. rrom per.onal injury or property damage to the extent resulting from or
eking vut of the negligence or willful misconduct of LESSEE, its employees, contractors, assign.,
sublessees, and agents, except to the extent such claims or damage are due to or caused by
the negligence or willful misconauct of LEssOrc. ib officers, employees or agents.
(c) LESSOR hall indelllify and hold LESSEE harmless, to the extent allowed under Section
/68,28 of the Florida Statutes, against any claim made by any third party of liability or io» rrom
personal injury or property damage to the extent resulting rronl or arming out of the negligence
or willful misconduct of LESSOK, its orrie rb, employees, and agents, except to the extent such
claim. or damage. are due to or caused by the negligence or willful misconduct of LESSEE, its
employees, contractors, assigns, sublessees or agents. Nothing herein shall constitute a waiver
of LESSOR's sovereign immunity under Section 768.28 or the Florida Statutes, as may be
amended from time to time, or entelid LESSOR'. liability beyond the limits established in Section
/68.z8 of the Florida Statutes, as may be amended from time to time. Nothing contained herein
shall be construed to be consent by LESSOR to be sued by third parties in duly ..latter arming out
of this Agreement.
11. LIMITATION OF LI/tiLl i y. EAcept for indemnification under this Agreement or a violation
or law, Neither Harty shall be liable to the other, or any of their respective agents, representatives, or
employees for any lost revenue, lost profits, diminution in value of business, lo.. or tecnnolugy, right. or
services, loss of data, or interruption or los. or u,e or.ervice, incidental, punitive, indirect, special, trebled,
enhanced or co .euuential damages, even if advised of the possibility of such damages, whether such
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LESSEE Site ID: selva Marina / 5i05 7
damages are claimed for breach of contract, tort (including negligence), strict liability or othervvL , Unle..
applicable law forbids a waiver of such damages.
12. INTERFERENCE.
(a) Ctsstt agree. that rESSEE, including without limitation, any assignee or sa6ie..ee,
vv ill not cause interference that is measurable in accordance with inda.try .tandards to
LESSOR's equipment. LESSOR agree. that CtssOR and other occupants of the Property will not
cause interference that i. mea.arable in accordance with industry standards to LESSEE's then
enl.ting Communications Equipment, provided that LESSEE, prior to iri tallat on of any
Communications Equipment, including without iimitation, any a.signee's or sublessee's
Communications Equipment, ha..abmitted to the rESSOR, written notice that LESSOR's then
existing eWaipment vvill not interfere with the proposed Communications Equipment to b.
in.talled, and is operating within its lawfully permitted freHaencie.. Rlotvvith.tanding the
foregoing, LESSEE acknowledges and consent. to CE�sOR'. a.e of the Property during the Term
for water treatment and di.tribation and other typical public works purposes.
(b) Nabject to the provisions of subparagraph (a) above, but without limiting any other
rights or remedies, if interference occurs and continae. fora period in excess of 48 hours
following notice to the interfering party via telephone to LESSEE'S Network Operations Center
(at 800-6L1-z6z) or to CE»OR's City Manager (at 904-247-5800), the interfering party shall or
hall rewire any other user to reduce power or cease operations of the interf.ring eyaipment
until the interference is cured. The Parties agree to cooperate in resolving the interference in a
mutually satisfactory manner.
(c) 1 hPartie. acknowledge that there will not be an adequate remedy at lave for
noncompliance with the provisions of this Paragraph and therefore the Parties hall have the
right to equitable remedies such a., vvithoat limitation, injunctive relief and specific
performance.
li. RtMOvAE A i END OF TERM. Upon expiration or within 90 days of any earlier termination
of this Agreement, LESSEE shall remove all Communications Eyaipmcnt (encept footings) and Support
Services and restore the Premises and Acce.. Ea.cment to it. original condition, reasonable wear and tear
and casualty damage encepted. In addition, LESSOR agrees and acknowledges that Communication.
tynipmnt and rapport Services constitute personal property of LESSEE, and LESSEE .hall have the right
to remove the same at any time during the Term, whether or not .aid item. are considered fixtures and
attachments to real property under applicabl. lavv.. if .ach time for removal extends after the date of
expiration or earlier termination of the Agreement, LESSEE shall pay rent in accordance with Paragraph
14.
14. HOLDOVER. If LESSEE holds over after the aate of enpiration or earlier termination of this
Agreement, then this Agreement shall continae on a month to month basis at the then existing monthly
rental rate, or the eni.ting monthly pro -rata basis if based upon a longer payment term, until the removal
of all Communications Equipment and Support Services is completed: provided, however, .hoald any
Communications Equipment (except footings) and rapport service. remain on or at the Premises or
Access Easement more than six (6) month. after the date of expiration or earlier termination, then in such
event, the rental rate .hall be two (2) times the then existing rental rate. LESSEE agree. that it hall
remove all Communications Equipment and Support Services from the Premie. and Access Easement no
later than one (1) year from the date of enpiration or earlier termination.
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Agenda Item #8.C.
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rEssEE Site iu: selva Marina / 610397
15. RIGHT OF FIRST REFUSAL. If at any time after the tffective uate, LES5OR receives a
written offeror letter of intent from any person or entity that is in the business of owning, managing or
operating communications facilities or is in the business of acquiring landlord interests in agreement.
relating to communications facilities, to purchase fee title, an ea.eme t, a lea.e a licen.e, or any other
interest in the Premie. or any portion thereof or to acquire any interest in this Agreement, or an option
fou any of the foregoing, LEssOR shall provide written notice to LESSEE of said offer ("LESSOR's Notice ).
LESSOR's Notice shall include the prospective buyers name, the purchase price being offered, any other
consideration being offered, the other term. and condition. of the offer, a description of the portion of
ann inter e.t in the Prerni.es and/or this Agreement which will be conveyed in the proposed transaction,
and a copy of any letters of intent or form agreements presented to LESSOR by the third pasty offei oi.
LESSEE shall have the right of first refusal to meet any bona fine offs of .ale oi ti aii.fer on the terms and
conditions of such offer. If CESsEE fail. to provide written notice to LESSOR that LESSEE intends to meet
.ach bona fide offer within forty- five (45) days after receipt of LESSOR's Notice, LESSOR may proceed with
the proposed transaction in accordance with the terms and conditions of.ach tfiid pasty offe., ;n which
event this Agreement shall continue in full force acid effea and the right of first refusal described in this
Paragraph .Hall .arvive any .ach conveyance to a third party. If LESSEE provides LESSOR with notice that
CtssEE shall meet the third party offer within forty-five (45) days after receipt of LESSOR's Notice, then
the Parties shall proceed with closing of the transaction on.ab.tantially eyaivalent tee m. and conditions
of the third party offer.
lb. RiGH is uPON SALE. Should LESSOR, at any time during the Term, decide (a) to sell or
otherwise transfer all or any part of the Property or (b) to grant to a third party by easement op other legal
instrument an interest in and to any portion of the Piemi.e., .11,11 .ale, tian.fer, or grant of an easement
or interest therein .Rall be ander and beet to this Agreement, and any such purchaser or transferee
.hall recognize Lt55EE's rights hereunder. In the event that LESSOR completes any such sale, transfer, oi
grant described in this Paragraph without executing an assignment of the Agieemei t vvheieby the third
party agrees in writing to assume all obligation. of CEssOR ander this Agreement, then LESSOR shall not
be ieiea.ed from it. obligatioli. to LEsstE under this Agreement, and LESSEE shall have the right to look
to LEssOR and the third party for the full performance of the Agreement.
17. LESSOR'S TITLE. Subject to the provision. of tfi. Agreement rEssOR covenants that
LESSEE, on paying the ret and performing the covenants herein, shall peaceably and quietly have, hold
aid enjoy the Premises. LEssOR represents and warrants to LESSEE as of the Effective Date and covenants
during the Term that LESSOR has full authority to enter into and execute this Agreemei t and that there
are no liens, judgments, covenants, easement, re.ti ictio . oi other impediments of title that will
adversely affect Ct$$tt'. a.e of the Premi.e..
18. A551kNIVItN i . Without any approval or consent of the other Party, this Agreement may be
sold, assigned or transferred by either Party to: (a) any entity in which the Party directly oi diectly hold.
a 50% or more equity or similar interest: or (b) any entity dig ectly o. indiiectly ander common control with
the Party. In audition, CEssEE may a..ign this Agreement, without approval or consent of LESSOR, to any
entity which acquires all or substantially all of LESSEE's assets in the market as defined by the FCC in which
the Property is located by reason of a merger, acquisition or other business reoiga iiLation. A. to any other
entities, this Agreement may not be sola, a..igned or t,an.fel i ed v,ithoat the written consent of the other
Party, Mile .ach con.ent will not be unreasonably withheld, delayed or conditioned. Except as provided
herein, no change of stock ownership, partnership interest or control of LESSEE or transfer upon
partnership or corporate dissolution of either Party shall constitute an a..ignment he eandei. LESSEE
may sublet the Premises in CESStt'..ole fog the limited purposes of installing, maintaining, and
ops ating Communications tquipment and Support Services, provided, however, under no circumstances
shall LESSEE be relieved of any LESSEE obligations under this Agreement. In ally .acfi a..ignment oi
5
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Agenda Item #8.C.
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sublease, the assignee or sublessee shall be required to erpre»ly agree to comply vvith and be bound to
all provisions of this Agreement. In the event that either Party completes any assignment described in
this Paragraph, so long as such assignee agrees in writing to undertake all of the assigning Party's
obligations under this Agreement, the assigning Party shall 6e released from its obligations to the other
Party anger this Agreement and the non- assigning Parry shall look to such assignee for the full
performance of this Agreement.
19. NOTICES. Except for notices permitted via telephone in accordance with Paragraph
all notices hereunder must nein Writing arta shall be deemed validly given if sent by certified mail, return
receipt requested or by commercial courier, provided the courier's regular business is delivery service and
provided further that k guarantees delivery to the addressee by the end of the next business day following
the courier's receipt from the sender, addressed as follows (or any other address that the Party to be
notifiea may have designated to the sender by like notice):
LtSSDR: City of Atlantic Beach, Florida
Shane Corbin, City Manager
800 Seminole Roaa
Atlantic Beach, FL 32233
Ctsstt:
With a copy to:
stege svvann City tngineer
800 Seminole Road
Atlantic Beach, FL 32233
and
Brenna M. Durden, City Attorney
Cevvis, Cong pan & vvalker, P.A.
2vs Riverside Avenue, Suite 510
Jacksonville, FL 32202
Cellco Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey Divzi
Attention: Network Real tstate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the
foregoing.
20. DEFAULT. It is a "Default" if: (a) except as set forth oelow in subparagraph (b). either
Party fail to comply with this Agreeiiient and does not remedy the failure within 30 days after receipt of
written notice by the other Party or, if the failure cannot reasonably be remedied in such time, if the failing
Party does not commence a remedy within the allotted 30 days and diligently pursue the cure to
completion within 90 days after the initial written notice: or (b) interference prohibited by Paragraph 12
hereof occur, and either Parry fails to comply with the provisions therein; or (c) if any petition is filed by
or against LESSEE, under any section or chapter of the present or any future federal Bankruptcy Code or
under any similar law or statute of the United States or any state thereof (and with rebpeet to any petition
filed against ttsstt, such petition is not dib i, d Within �i ty (60) days after the filing thereof), or LESSEE
6
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is adjudged bankrupt or insolvent in proceedings filed under aiiy .ectiun ur chapter of the present or any
future Bankruptcy Cude ur ander aiiy similar lave ur statute of the 'united States or any state thereof.
zi. REiviEDIES. In the event of a Default, without limiting the non -defaulting Party in the
exercise of any right or remedy at law or equity which the non -defaulting Party may have by reason of
such default, the non-defaalting Party may termii.ate thi. Agreement and/or pursue any remedy now or
hereafter available tu the non -defaulting Party under the laws or judicial decisions of the State of Florida.
22. COMPLIANCE AND INDEMNIFICATION, LESSEE shall maintain the Premise. and conduct
its business, including without limitation, the a.e ur the Pnemi.es and Access easement, in compliance
with all appiica6ie law. and regulations, including without limitation, those governing the protection of
the environment or employee health and safety. Without limiting the provisions of paragraph i0(b)
hereof, LESSEE shall indemnify, defend, subject to LESSOR's consentof coag i.el, Which consent hall Hot
be unreasonably withheld, conditkwed, ur delayed, and hold harmless the LESSOR from all environmental
claim., damages, losses, liabilities, and expenses arising out of or relating to LESSEE's use of the Premises,
Access Easement or this Agreement. Notwithstanding the foregoing, the Parties recogniLe that LEsste i.
only leasing a small portion of the Property and that Lessee .hall not be liable ur responsible for any
environmental condition ur i..ae that eAisted before the commencement of LESSEE's activities on the
Premie. ur Access Easement, except to the extent LESSEE exacerbates a condition of which it knows or
should have known.
23. CASUALTY. If a fire or other ca.aalty nut caused by asset substantially impairs LESSEE's
u.e ur the Premi.es (iii Lessee's sole reasonable discretion), and LESSEE, in its sole discretion, chooses to
repair such damage, then rent shall abate until LESSEE's use is restored. If LESSEE'S use of the Premise. i.
not restored within 90 days from the date of such casualty damage, ur if Lessee ehoo.es nut to repair
such casualty damage, then either Party may terminate this Agreement upon written notice to the other
Party. I.. the event of termination pursuant to this Paragraph 23, the provisions of this Agreement shall
remain in effect until such time that LESSEE removes all Communications Equipment and suppurt service.
from the Premises and Access Easement in accurda ice with Paragraph 13 hereof. Notwithstanding the
provisions of Paragraph 14 hereof, if this Agreement is terminated pursuant to this Paragraph 23, should
LEssEE's time for removal extend beyond ninety (90) days from the date of termination, LESSEE shall owe
rent to LESSOR at the rental rate of two (2) times the pro -rata monthly rate in efrect immediately
preceding the date of such ca.aaity damage through the last day of the month in which any
Commanicatiuns Eyaipmeiit or support Services remain. In the event of any holdover pursuant to this
Paragraph 23, LESSEE agrees that it shall remove all Communications Equipment (except footings) and
Support Services from the Premises and Access Easement no later than une (i) year from the date of
termination.
�4. COrIntivilNAi lull. If a condemnation of any portion of the Property or Premises impairs
LESSEE'S use of the Premises, LESSEE may terminate this Agreement as of the date the condemning
authority takes possession. LESSEE may on its own behalf make a claim in any condemnation proceeding
involving the Premise. rur lu..e. related tu LEsstt's Communications Equipment, Support Services,
relocation Gusts and, specifically excluding loss of LESSEE's leasehold interest, any other damages LESSEE
may incur as a result of any such condemnation.
25. APPLICABLE LAWS. During the Term, Lessee, at it. sole e„perise. shall maintain and utilize
the Premises and Acce.. Ea.ement fur the parpu.es contemplated herein in compliance with all applicable
lavv, rules, regulations, ordinances, directives, covenants, easements, consent decrees, zoning and land
use regulations, and restrictions of record, permits, building codes, and the reyairement. of a� y
applicable fire insurance underwriter ur rating barna, iiovv in effect or which may hereafter come into
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effect (including, without limitation, the Americans with Disabilities Act and law. iega►ating haLai dous
substances) (collectively, "Laws"). It shall be CtssVR'. obligation to comply with all applicable Laws
relating to the Pi epeity, other than the Premises.
L5. TAXES.
(a) LESSOR shall invoice and LESSEE hail pay any applicable transaction tax (including
sales, use, gio s receipt., o. eAcke tax) imposed on the LESSEE and required to be collected by
the CEssOR based on any service, rental space, or equipment provided by the LESSOR to the
LESSEE. LESSEE shall pay all personal property taxes, fee., a.»e...ment. oi other taxes and
charges imposed by any Govern, ent Entity that aye imposed on the LESSEE and required to be
paid by the CtsstE that are directly attributable to the LESSEE's equipment or LESSEE's use and
occupancy of the Premises. Payment shall be made by LESSEE within 60 days after e�entation
of a bill and/or assessment notice which is the Sa..ia fog ..aLh taf,e.. of charges. LESSOR shall pay
all ad valorem, pe .onal pi Opel ty, eal e.tate, sales and use taxes, fees, assessments or other
tane� o, charges that are attributable to LESSOR's Property or any portion thereof imposed by any
Government Entity.
(b) LESSEE shall have the sight, at it. .ole option and at its sole cost and expense, w
appeal, challenge a .eek modification of any tax assessment or billing for which LESSEE is wholly
oi partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at Ltsstt'..
expense in filing, prosecuting and perfecting any appeal oi challenge to tang. a. .et forth in the
preceding sentence, including but not limited to, executing any consent, appeal or other similar
doLument. in the event that as a result of any appeal or challenge by LESSEE, there is a reduction,
credit or repayment received by the LESSOR for any taxes previously paid by LtsstE, LEssOR
agrees to promptly reimburse to LESSEE the amount of paid eduction, credit or repayment. In
the event that CEssEE doe. not have the standing rights to pursue a good faith and reasonable
di.pute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost
and expense upon written request of LESSEE.
27. TERMINATED AGREEIGIEN 1. CEssOR and CEssEE agree that this Agreement replaces
that certain Pt_s site Cea.e dated ivovember 9, 1995 and referenced by LESSEE as Contract #33054 (as may
have been amended or otherwise modified as of the date hereof, the "Terminated Agreement"). LtSSOR
and LESSEE acknowledge that rental or other payments requilen Nui.aanit to the lei urinated Agreement
shall terminate on the Effective Date.
ts. 1 EIVIPOnARy C/sE. beginning on the Effective Date, LESSOR hereby grants to LESSEE the
temporary use of a portion of the Property containing approximately 1,200 square feet, tosethei with the
right to install, operate, and maintain Support Services, all as moi a NartiLalally de.ciibed and shown in
detail on Exhibit "C attached hereto and made a pout he eof (together, the "Temporary COW Premises")
for the .ole poi po.e of in..talling, maintaining, and operating a temporary "cell on wheels"
communications facility. LESSOR further grants LESSEE the non-exclusive right of ingress and egie» eves
and across the Property, to and from the Tempo. ai y LOW P.emi.e.. thee grants shall continue in
existence until the Commencement uate, but in no event shall continue in existence beyond one (1) year
from the Effective vale hereof unless the Parties mutually agree otherwise in writing.
The rental rate for the Temporary COW Premises shall be the same fog the Pi en 'i.e. ...elle, th
in Paragraph 4(a) above, except that rent fou the i erprh y L.Ww Pi emi..es shall be due and payable to
LESSOR begin ining on the Effective vale and shall continue through the Commencement Date. The Parties
acknowledge and agree that the initial rental payment(s) for the Temporary COW Premises may not be
t,ese�e-z 8
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[esstt site ID: selva Marina / 610397
delivered by LESSEE to LESSOR for up to ninety (90) day, after the bffective Date. except as provided for
in this Paragraph z8, ali other provi,ion, of this Agreement shall be applicable to this grant of temporary
a,efor the temporaryCOW Premises.
29. MISCELLANEOUS. This Agreement contains all agreement, promi,e, and understandings
between the LESSOR and the Ctsstt regarding this transaction, and no oral agreement, promises or
undemanding, ,hall be binding upon either the LESSOR or the LESSEE in any dispute, controversy or
proceeding. The prevailing party in any action or proceeding to enforce the term, of this Agreement hall
be entitled to receive its reasonable attorneys and eApert,' fee, and other reasonable costs and expenses,
whether arising at pre.- it. trial or appellate levels, from the non -prevailing party. This Agreement may
not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and be
binding upon the heirs, personal representatives, successor, sable,,ee, and aaaigiia hereto. The failure
of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to
eAer,i,e any of it, right, hereunder shall not waive such rights and such party shall have the right to
enforce such rights at any time. The performance of this Agreement shall be governed, interpreted,
construed and regulated by the laws of the State of rlorida ',without reference to its choice of law rules.
Except as expre,,iy ,et forth in this Agrecuu ent, nothing in this Agreement shall grant, suggest or imply
any authority for one Party to use the name, trademarks, service marks or trade names of the other for
any purpose whatsoever. LESSOR agrees to execute a Memorandum of thin Agreement, vv hie) Ltsstt
may record with the appropriate recording officer. t he provisions of the Agreement relating to
indemnification from one rorty to the other Party shall survive any termination or expiration of this
Agreement. LESSOR shall have access at all reasonable times to the Premises for the purpo,e of pectin!
to insure compliance with this Agreement and applicable local, state acid federal lavva, provided, however,
that in no event shall CtSsOrt have the right to touch or interfere with the Communications Equipment.
the pro„iaion, of this Agreement are deemed severable and should any part of this Agreement be held
invalid by a court of competent jurisdiction, it shall not affect or terminate the remainder of this
Agreement. All signs of any nature to be iuIbtalled or abed in cum iection with this Agreement must be
approved Dy CtssOri in vvriting prior to installation or use. Beginning on the Effective Date of this
Agreement, LESSEE shall at all times keep the Premises, Access Easement and Property free and clear from
any and all encumbrances and will not permit any mechanics or materialmei ') lieiia to be filed against the
Property, Premises or Access ta,eiiieiit.
[ i he ren minder of thio page is intentionally blank; signatures appear on the following page.]
ui Sy$u�v-t 9
Page 61 of 100
Agenda Item #8.C.
14 Feb 2022
EEnEE site ID: Selva Marina / 610397
IN WITNESS WHEREOF, the Parties nereto nave set their hand, and affi,ed their respective seals
the day aria year fir t above vvrittcn.
LESSOR:
Attest: City of Atlantic Beach, Florida,
a Florida municipal corporation
Sy:
Donna B. Bartle Name: Ellen Glasser
City Clerk Its: Mayor
Date:
10
Etaatt:
Cellco Partnership d/b/a Verizon Wireless
By:
Name:
Its:
Date:
Page 62 of 100
Agenda Item #8.C.
14 Feb 2022
EESSEE site ID: sclva Marina / biujy/
EXHIBIT 'A"
DLSCRIi' 110E1 OF PROPER! r HICD suRvEr
[See attached 2 pages.]
11
Page 63 of 100
OOT Jo 179 abed
EXHIBIT A - page 1 of 2
Sr
VICINITY MAP a.k.a.
142 S4R.a 40 aNSUC S TMC ROW 2As1
444E cam. ..T S2023014PM *C0�', t47 0411
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4LL FAM1 124110.4 +144 MAC= W e?I P>KY FSR
s 410.4 COMM If 0 W6M1L 24112¢1
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REv
GATE
ISSUED FOR
HER
71
2
04,21/2021
PRELIMINARY
05/10/2021, STE REVIEW
06/10/2021
T111.E CC.YI4ITOIENT
JOC
PROPERTY INFORMATION
rater 5»WILOIT41rleill
1123747111 r.1m1•mr
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NO AIL
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PARCEL # 17202$0000 `L
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1.88 ACRES
LOT 1B
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PROPOSED 2C'
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TO MERU, AIL
IR Tani MAD
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M
OR ORR
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4.1842 r. Crs 10411 256:94
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NT
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LAIEORMS TO TEE APPLICABLE
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OSPIMEED 1544 447 0M11, MIA. G! MIA. BAT,
444.
^HIA15ti �134.
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ALAN R ALBERT
Et Id. Pa 027711
THE SEAL 4011t4044 ON TIS 00CUNFNT
WAS 1.114450284 @P (AuAC 114 A1BEIR.
PSH. 4$ 7251 CN ABEL 7. Pax.) SLRCE,'
44411 ANO/PR REPORT OF I€ Wass
1IMEOF ARE ROT VAIIM WRHOJT 1444
15HAT1RE ANO ORIRNA1. RAM SEAL OF
TIE 1LONODA LIED vWI1M-MR AMC
MAPPER
VZW SITE 0" 610397
VZW SITE NAME;
SELVA MARINA
489 71154 ST
AT4ANJIC SEAdM. FL 72233
W144. COMM'
SEC )7/TA,RSN4 25/R112 2911
FlELO WORK PEFORIEF.D CN: 4/7/21
1140'0040 1ELC0W 001[41171
SITE ALAN PREPARED Felt
verizoni
4700 BOLA d.Q4*11RAIp; E'L 33481 8 84057. SUITWE 1
(081) 495-53"39.
)' 80 1£0'
SCAM. 1' = 50'
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EXHIBIT A- page 2of2
TITLE EXCEPTIONS
SCHEE .: LE B - SECTION II EXCEPTIONS
E7-11CAO0 I1TF INSURANCE AGENCY, INC.
COMMITMENT FOR TITLE INSURANCE
COMM1INENT NO: 44587
COMMITMENT EFFECTIVE DATE MARCH 30, 2021 AT 6:00 AN
1. FOR REFERENCE 040...'t (PONT OF RFTTBNCE)
PLAT OF ARLANT{C BEACH susolASHN 'A' PLAT NO 1. 19L•0 JUNG 5. 1413. M PLAT
BCaIC '.0. PACE SS. OF T10 PI19LIt RECORDS 00 DUYAL CcuNTT. FLORIDA.
2. FOR REFUIEN01-71
WARRANTY D5507 BETWEEN ALMA UNNSD€ PARTNERS -1P, A FLORIDA 0500RAL
PARTNERS -EP CONSISTNG OF LOUS & MACDONEU. FILLY 4. ARSE. JOHN A 4CRRITT.
RI ASA .0 THOMAS GAY, AND OTT OF ATLANTIC BEACH, FLORA, A FLORIDA
MUNLCPALFIY. DATED =WEN 9, 1987; RECORDED NAY S, 1988, 1N OFFSCIAL RECORD
BOOR 5414. PAGE 1265. OF PUBLIC RECORDS OF DUVAL COUNTY. FLORIDA
3. FDR RE}'01DLCE OAAY; (ACIOPISC PLAT)
PLAT OF SELVA 1.0505CE WIT 1. FLED MAY 9. 1908. VI PLAT 530< 40. PACE 27, Cr
THE PU1JC. RECORDS OF D11VAL =LINTY, FLOFIOA.
A TAXES FOR 1HE TEAR 2021 AND SUIEECUENT YFAT @RDH ARE NOT YET OLE ANO
PAYABLE.
REAL ESI710 TAMES FOR THE 'SAS 2020 7.40 A1,L PREWCIs YEARS HAVE BEEN
PAID.
NOTE REAL ESTATE TAXES FOR THE YEAR 75170 WERE ASSESSED E7EMPT UNDER
PARCEL NO. 17202E-0000.
TITLE LEGAL DESCRIPTION
STUATEC IN OUVAL COUNTY .OF FLOBDA
A PARCM OF LAND LTNG 94 001105NMg4T LOT FIVE {5), SECTION SEV EEN (17), TOWNSS.
2 17.4114, RANCE 29 RA57, DUVAL. COUNTY. FLORIDA. BENE MORE PARTCLLARLY DESSRSE0 IN
VESE0.6 MECO FECORDED IN DEED B00% 1751. PACE 104. CV' THE PUBLIC RECORDS OF DU VAL
CO csn; FL.bA-
topEfl Put
37BTRYLNi
CQ RECIT
ET 51 5 < 3 I TLP
I lifl,0101' ORTFY THAT TIE ATTACHED
PLAT s A 1115E AHD COMM
REPRESENTATION VF T1E LANDS
R7 MY DMC I+DRAM
w"w1'
S lO T1R OAPUP.Af4.0
REO DREMEN1S OF FLORIDA STATUTE
CHAPT7 177.
=TOTED T1R5 07 DAY O< AAL .
0 Z 07x'7
420 74
.j LS7771
V
STATE OF dg
"i - FLORIDA
Q.:
ib®6�i5 9,44P
`
Ahh
_ 46 ALYW114400,,,t-
ALAN
; t$ .sz
ALAN N. ALLBERT
PPM-NO.157271
7.I0 SEAL APPEAR= ON TNS 770440707
WAS M11I55UEED !n CAM. N. AU, 51111
PSM. LS 7011 ON APRT 7. 2071,1 5VH4E.
NAP ANO/OR REPENT OF TLE DEP16
THEREOF AK NOT VALID WHOM FAL
VNAIR +E AND [MONA. RAISED SEAL OF
THE FCCRL0A LICENSED APIVETSR ANO
NAPFPA,
VZW SITE #: 510397
VZ1N SITE NAME:
SELVA MARINA
4610 1115 5T
AILANTO BEACH. FL 77.213
DUVAL COUNTY
SEC 17/7950HP 2S/RNC 2BE
FIELD WORK PERFORIEO ON, 4/7/31
S PIAN P TELECOMM01051
verizonh'
4700 ESWANOE (27,171, .07.5E 100
B11CA RATML FL 37431
(1581) 091-0
N,TS
ORI:MAL LAP 512E 11.00' X 17.00'
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Agenda Item #8.C.
14 Feb 2022
LESSEE Site ID: Seiva Marina / blU5J/
EXHIBIT "8'
PREivilsEs AND HCCtaa,. REtiviEN i
[EGHL DESCRIPTION AND SURVEY
[See attached,
1l
Page 66 of 100
OOT Jo L9 abed
EXHIBIT B
PONT OF 9EG6IN1119
65960' 1 FA'4 ARE7.
4.520.334,0682.
S.2,192.152.3274`
44093/2011
19
IRF
PROPOSED 417960'
LEASE AREA
E773111I0 135 680.108
TANK PROPOS O
LIONO502,1 LE
5,2137,19S 745
0-528359055
44083/2011
H93•097sfE
500.
�6p
PLANT OF CCWWEH441641811
24. ACCESS/OYE-TY EA56JEAT
60i15D TEASE AREA
N.2.1/12,139.4450'
E-509.159.79861
N 409.7/2011
C
(
NEW
151.04°
PONT OF 65411,14185
2O' AIYF_'S/U7ILETT EASEMENT
8.2,162.1585755•
€+4528,1540916
NAD53/2D11
DC'
woo'crro
same(;DT
50616'36'1
RSA'
N/Y
9.
7
LEGAL DESCRIPTION OF 60' X GO' LEASE AREA
ALL TNAT CE14644 LE45{ AREA. 514)4700, LYiNO AND BEING IN DONA.
COUNTY, ftff95A, SENO A PORTI9N OF THE LAMS 5ESLRI9E0 111 OFFICIAL
WC= 80410 6444 AT PAGE 129$ OFFICIAL RECORD 9001 16715 AT PACE
913. DEED HOCK 1761 AT PALE 104, DEEM 80011 392 AT P6CE5 17 JI 19 OF
DHE DUVAL 0041476 MISTER OF DEEDS AND 96646 WORE PARSIGIAARLY
0615436450 A5 1010173
00NN4NC0NG AT AN DIEING 3/91. IRON NEBAR (NOLO.) 4121645 MY THE
NCRTHET 1 RICAIT OF WAY OE 11TH STREET. 5A13 IRON BEING 1115
EOIUTNTF'4i69II CORNER OF 113E PARCEL DESCRIBED H OFFICIAL RECORD 9004
0444 AT PACE 1258, EFTSMA_ 340010 BOOK 16785 AT PAGE 913, DEED BOOR
1741 A7 BADE 104. DEW 8004 792 AT PAGES 17 k 19. HAVING FLOW?. EAST
STATE PLANE 1p79R5441E5 BF NORTHING a 2.182.1364609', AND EAS0NC -
028,180.70975 1NEKCE. PAM THC POINT Of COMMENWAENT. NORTH 50'2916'
EAST A DISTANCE DF 136.27 FEET 79 A PONT PI THE SDLTIHRES1 CORNER GF
THE HEREIN DESCRIBED 60' 0 OCT LEASE AREA, SAID POINT BEING THE 7711E
PONT 115 BEG0YN916, 44950 FLORIDA EAST STATE PLANE 4004094ATES OF
40R11 -1I40 $102.112.3274•, AND EASTING . 529,3344492•; TFEHCC FRCN
THE POINT 9F BEGINNING NORTH 00413°0` WEST 4. DISTANCE OF 600 EMT
1O A POST: 1859E NO914 41/4196 EAST A DISTANCE OF 00.0 FES TO A
POINTE 7119710E SOUTH 0776120' FAST A IASTANC£ OF 82.03 FEET TO A POINT:
THENCE KITH 83319'07 'PEST A 415TANCE OF 51100 F1 TE TO THE POINT EF
0ERNN147.
340 LE/1.M AREA CONTAINING 1600 SQUARE FEET OR 0.08 MOTES WORE DR
L'
LEGAL DESCRIPTION OF 20' ACCESS $, UTILITY
EASEMENT
ALL THAT CERTAIN EASEMENT AND LIMITS ITS AREA, 5152172, L11N0 AND Kilo
IN OVUM_ 59711411, 16101I0A BEING A POR110N OF TEE LANDS DESCRIBED IN
OFFICIAL RECORD BOON 5444 AT PALE 1269, OPTICAL RECORD BOOK 16799
AT PARE 613, DEED 0004 1761 AT PAGE 104, 4M BOOK 382 AT RAGES 17
11 19 OF 111E (RIVAL CDUNTT 4964155 49 95505 ARO 9E1719 MORE
PARTICULARLY DESCRIBED A5 FOLL004
C0114ENGN6 AT AN 0290619 5I8' IRON RE94R (NO L9.) FO TID ON 114E
NORTHERN OUGHT OF WAY OF 11711 LINEEL &MD IRON 9009 THE
SOUIHYE.5T1RN 559145R OF 114€ PARCEL 05SCR1.304 IN OFFICIAL RECORD BOCK
6444 AT PATE 1268, OFFICIAL RECORD 9001 16785 AT PACE 513, !IMO DOOM
1761. AT PAGE 101: DUEL 00016 782 AT PAS 17 4 10, RAYING FL4 094
vs7 STATE PlA4E 4041 6INA'TS 4E NOKTNING - 2,187_139.4005, AJC
(*91100 - 529.199:7095: THENCE. FROM THE P1311T OF OOASRE,T41211101T.
NORTH 8542`00' EA5i A 01574804 OF 151.04 FEET TOA PONT ON THE
SOUTHWEST CORNER OF THE HEREIN 85004849 20' ACCESS AND UTILITY
EASF9047. SAID PONT BEND 116E TRUE PO617 OF I9FI0N10N5 HAVING FLORA
EAST STATE PLANE 0004O1NATTe4 09: 40415480 .. 2,192,15745':. ANC
EA311N0 52183546033': TNENCE. FALAI 11£ KNIT OF BEGINNING AND
IEA9N4 THE NORTHERN 019HT OF WAY OF 11TH 51 NICD, NORTH 0816'0`
WEST A DISTANCE OF 9.17 FEET TD A PONT; 1HENCE. NORTH 03'42'0' EAST
A DISTANCE OF 19.90 FEET 70 A POINT; THENCE SCAM 0696'38' EAST A
DISTANCE CF 8,54 FEET TO A PONT; 1HE.N4 SOOTH 9366100' 14E57 A
1NSTAN54 OF 18.98 FEET TD 1INE PONT 0E 94GN16NG
SAIL 4.4.19-W'INT AREA C3NTAINING 170 SQUARE FEET CR ELOCI4 ACRES 649E
CR LE54
--*0 ONO/7 FRo
555510 G PROFDIT! LDE
(NOT 9.M1139)
564177 6120
C 1(111.1161 POE 911 (*50606)
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▪ 1540T41T SEVER 6A41A1_.
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• ALASEXASEuen CG61ER
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7,3 T7 ' 2 2366.6
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PLAT 15 A TAE ANO 009201'
RE7055D100009 OF THE LANDS
90161911.7 SURVEYED AND 4941111 44104111
LY RESPONSIBLE 0449010311.1144
9661 .1504. 1H41 1.15 SRVLY 545101
698(10615 TO THE AKRUCAELE
548N2EWD610 OF FLORWA STATUTES
C1R9FIED 17455 O7 CAT MER OF APRIL. 2921.
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NSW LS 7271 co APRIL 7, 2021.7 SLIMY
WAP 0140/08 REPORT Er 119 cars
1114001E ABC NOT VAUD, %T»DIT 114E
SCRAM -IRE ANO 4*19NAL R6JSE0 SEAL OF
THE FLORIDA UCEV6O 521110719 AN9
DAPPER.
VZW SITE #: 690397
VZW SITE NAME:
SELVA MARINA
499 1179 ST
ATLANTIC 68444, R 32233
DUVAL COU4917
SEC 17/779/91-71 25% ,IG 295
nail 162118 P 070(86ED Oi: 4/7/21
ROPOSED E 44 TIONSFox
PLAN
verizon'
4700 EXCHANGE 0091, SUITE 190
OCC* 141061. FL 33431
4561$ 095-2578
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Agenda Item #8.C.
14 Feb 2022
LESSEE Site ID: Selva Marina / 610397
EXHIBIT "C"
IERINuRHRY WIN VHRLEC
CEGAC uESCRIrTION AND SURVEY
[See attached 2 pages.]
13
Page 68 of 100
OOT 10 69 abed
EXHIBIT C - page 1 of 2
IVIAISLESS
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YELOcall, ESIETWE,ErtILRi WmH£SP
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IT
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ICBEUS A 3T
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EXHIBIT C - page 2 of 2
LIM et 000440940,
0140. 0, 4 457.0M
Leasse 14.0440.0a
ww4+m+nau411104,14
grim 4ry
al..a.a.�,aa�L.. 0.220.1.4 sR ` GAM 1.e.40rn 14,01,40,11.4.041t
4.44-1128,42 .04 77-4
40.4.11004.0 4.044
4444.4.1120 ,43 NC 44
440 -F. LOT
C0usi ALE
-14ex Fres
PROPOSED ANTENNA MOUNT DETAIL & SCHEDULE
44404, YO SCA
PROPOSED RRU MOUNT DETAIL
�,-Leal,e
� .wo.=to cfsw. Ws
*rrm,o 40.1040R4.4C caw
IRE
PROPOSED COW ELEVATION
corm acne
/W1b
cm
TELECOM DESIGN GROUP'
UI! E It= llf.
TWA. YNLmats4
MI MA ca. nom
r+
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7339 BMW= sol
TIM! Tema. n aau
010397
SELVA MARINA RELO
49 „in ST
AT1AN11C BEACn. FL 32233
CSVR PR(}. CTR VZW..1<721
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•
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e mea
PROPOSED COWER
ELEVATION
0017,040LE-2
Agenda Item #8.C.
14 Feb 2022
txfl113� u
Prepared By and Upon Recording, Return tv:
Bonnie Bolz Merkt, Esq.
Ginsberg Jacobs LLC
300 South Walker Drive, suite Lisu
Chicago, Illinois 660606
IAI E Or r[OnIDA
COUNTY OF DUVAL
CEssEE site ID: Selva Marina / 610397
MEmORAKIDuIVI ur COW CENSE ACCEss AND TEMPORARY USE AGREEMENT
This Memorandum of Land Lease Access and Temporary Use Agreement ("Memorandum")
made this day of LOLL, by and between City of Atlantic Beach, Florida, a Florida
municipal corporation with an address of BOO Seminole Road, Atlantic Beach, Florida 32233, hereinafter
designated LtSSOR, and Cellco Partnership, a Delaware general partnership d/b/a Verizon Wirele» with
hs principal offices at One Verizon Way, Mail Stop 4Aw1D0, BaAing Ridge, ivew Jer.ey 0/ z0
(telephone number 866-862-4404), hereinafter designated CtssEE. CEssOR and LESSEE are at times
collectively referred to hereinafter as the "Parties" or individually as the "Party".
1. LESSOR and LESSEE entered into a [and Cea.e Acce. and Temporary use Agreement (the
"Agreement") oil , LULL, for an initial term of 5 years, commencing on
the Commencement Date (as defined below). The Agreement shall automatically be extended
for 4 additional 5 year periods unless terminated in accordance with the tern,. thereof. i he
initial term and all extensions shall be collectively referred to herein the "Term".
L. Pursuant to the Agreement, LESSOR granted to LESSEE the right to install, maintain and operate
Communications Equipment upon the Premises (as hereinafter defined), which are a part of that
certain real property owned, leased or controlled by CEssuR mid located at 46y 11"' street,
Atlantic Beach, rlorida i ii (the "Property"). The Property is legally described on Exhibit "A"
attached hereto and made a part hereof. The "Premises" is a portion of the Property contai11i 1g
approximately 3,600 square feet, and it is showII i.1 detail on Enhibit "b" attached hereto and
made a part hereof. CEssEE ,hall have the non-exclusive right of ingress and egress from 11'h
Page 71 of 100
Agenda Item #8.C.
14 Feb 2022
Street (a public right-of-way), 7 days a week, 24 hours a day, to and from the Premise tor the
purposes of installation, operation and maintenance ut Cente'. Cummunications Equipment
uver ur slung the LO foot aide right-of-way ("easement"), which is depicted on Exhibit "B''
attached hereto. LESSEE may also use the Easement tor the installation, operation and
maintenance of wires, cables, conduits and pipes fur all nece»ary electrical, telephone, fiber
and utder ai iillar auppvrt .ervlces.
3. The initial tive year term shall commence on the first day of the month immediately fullowing
the date upon which CEssEE begirk uperating Cummunicatiunequipment from the
replacement monopole tower to be constructed by LESSEE at the Premises (the
"Commencement Date").
4. If at any time after the Effective uate of the Agreement, Ct55OR receives a written offer or
letter of intent from any person or entity that is in the business ot owning, managing or
operating communications facilities or is in the business of acquiring landlord interests in
agreements relating to communicatiurk facilities, tu purchase fee title, an easement, a lease, a
licenke, ur any other inture.t in the premises or any portion thereof or to acquire any interest in
this Agreement, or an option for any of the foregoing, LESSOR shall provide written notice to
LESSEE of said otfer ("LESSOR's Notice"). LESSOR's Notice shall incInde the prokpective buyer's
name, the purchase ♦,rice being uttered, any other consideration being offered, the other terms
and conditions of the offer, a description of the portion of and interest in the Premises and/or
this Agreement which will be conveyed in the proposed transaction, and a copy of any letters of
intent or form agreements presented to CEssOR by the third party utterer. rEsEE Alan have
the right of first refukal tu meet any bona fide offer of sale or transfer on the terms and
conditions of such offer. If LESSEE tails to provide written notice to LESSOR that LESSEE intends
to meet such bona fide ofter within 45 days after receipt of CESsOR') I4vtice, CEssOR may
proceed with the propoked tran.ctiun in accurdance with the terms and conditions of such
third party offer, in which event this Agreement shall continue in full force and effect and the
right of first refusal described in this Paragraph shall survive any such conveyance to a third
party. If LESSEE provides LESSOR with notice that LESSEE shail iiieet the third party offer within
45 days after receipt of rEssOR' lCutice, then the Parties shall proceed with closing ot the
transactiun on substantially equivalent terms and conditions of the third party offer,
5. Should LESSOR, at any time during the Term, decide (a) to sell or otherwise transfer all or any
part ot the Property or (b) to grant to a third party by ea.ement ur other legal irktrument an
interest in and tu any purtiun of the Premises, such sale, transfer, or grant of an easement or
interest therein shall be under and subject to this Agreement, and any such purchaser or
transferee shall recognize LESSEE's rights hereunder. In the event that LESSOR complete any
such sale, transter, or grant described in this Paragraph without eAecuting an a»ignment of the
Agreement whereby the third party agrees in writing to assume all obligations of LESSOR under
this Agreement, then LESSOR shall not be released from its obligations to LESSEE under this
Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the ruil
performance of the Agreement.
5. CapitalLed term nut otherwise defined herein shall have the meanings attributed to them in
the Agreement.
1
Page 72 of 100
Agenda Item #8.C.
14 Feb 2022
7. The terms, covenants and provisions of the Agreement, the terms of which are nereoy
incorporated by reference into this Memoranda , emend acid be bidding upon the
e.pective enecatch , admi, dal! heirs, successors and assigns of LESSOR and LESSEE. In the
event of any inconsistency between this Memorandum and the Agreement, the Agreement shall
control.
[The remainder of this page is intentionally blank; signatures appear on the miiowin6 pa6e.]
3
Page 73 of 100
Agenda Item #8.C.
14 Feb 2022
IN WI I NESS wRbRtur, the Parties hereto have set their hands and affixed their respective seals
the day and year first above written.
CEb501t:
City of Atlantic Beach, rlo ida, a rlorida
municipal corporation
By:
IVamee:
Its:
Daie:
STATE OF FLORIDA
COUNTY OF DUVAL
The ft), egoing in3t ument was acknowledged before me by means of [_] physical presence o. I_]
7,nline notarization this day of January, 2022, by as
of the CITY OF Al CAN IIC BEACH, FCOKICIA, a rlorida municipal corporation, on
behalf of the CITY OF AI CAIN i IC BEACFI, ROHM/A, who is [_] personally known to me or [_] produced
as identification.
Notary Public, State of Florida
Commission No.:
Illy Commi.,ion tApi, es:
[LESStE's signature appears on the following page.]
4
Page 74 of 100
Agenda Item #8.C.
14 Feb 2022
STATE OF
COUNTY OF
LESSEE:
Ceiiuo Partnership d/b/a veriLon wireless
By:
Names:
Its:
Date:
LESSEE ACKNOWLEDGMENT
do hereby certify that personally came before me
this day and acknowledged that he/she is the of CELLCO PARTNERSHIP d/b/a
Verizon Wireless, a Delaware general partnership, and that he/she, being authorized to do enet.Uted
the foregoing MEMORANuUIGI uF CAW CEASE ACCESS ANL) IEM,'uKAKY USt AiRttILIEN1 on behalf
of CELLCU VAR I NEKSryir d/b/a verizon wireless. He/She is personally known to me.
WITNESS my hand and official Notarial peal, this _ day of , LOLL.
iviy Commission Expires:
5
Notary PubIi
Page 75 of 100
Agenda Item #8.C.
14 Feb 2022
EXHIBIT "A"
DESCRIPTION OF PROPER I r HIGD saRvEY
[ee attached 2 pages.]
Page 76 of 100
001JOLLabed
EXHIBIT A - page 1 of 2
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verizon'
4700 3531144407 007107. 54171E 100
BOCA RATON. FL 13431
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TITLE EXCEPTIONS
SCHEDULE B - SECTION 11 EXCEPTIONS
CHICAGO 21LE NSURANCE AGENCY. INC.
COMMITMENT FOR 71TLE INSURANCE
GONMITMENT NO: 46187
COMMITMENT EFFECTVE DATE MARCH 60, 2021 AT 6:DO AJM
FOR REFERENCE ONLY. (PANT OF REFERENCE)
PLAT Cr ATLANTI2 Y0EA611 SUD2I112Li1 `A' PLAT N0. 1. FREED .21NE 3, 1911 N PLAT
BOOR ], PAGE 39, OF THE PUBLIC RECORDS 01 DUVAL COLNTY. FLOFOCA..
2- FOR REFERENCE ChtY:
YFM{RAX1Y OEM BE LEER SELVA UNICSDE PARTNERSHIP, A FLORIDA GENERAL
PA TNHEMP 0005011NC OF LOI.10 Ei. MACTJO20LL BILLY M. ADZE. J:1-411 A. NERAIT4.
11 ANP .0 TNORAJ DAY, MD CITY Of AILARTIC SE.SPI. 1LOR10A A FLORIDA
MUNICAPAUTT, DATED OCTOBER 5, 1987, RECORDED MAY 0. 1982. 114 OFFICIAL RECORD
B0DIC 6444. PACE 1258. OF PUSJC RECORDS Cr OWN_ MUNTY. FLORIDA.
}. FDR 17ET4]2CN 1049: CATIJOINNC PLAT)
PLAT OF SELVA LINXO E UNIT 1, FLED MAY 9, 1920. IN PLAT BOCK 40. PALE 53. DP
7110 PUBLIC RECORDS OF [MAL =UNTIL PLO.CIO4.
4. TAA& FOR YHE YEAR 2021 A"10 SUSSEOUENT YAPS. 72001 ARE ROT YET OLE AND
PATANE
REAL ESTATE TA1F5 FCR INE YEAR 2020 0110 ILLI PREVIOUS YEARS WANE BEEN
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NOTE: RFA_ ESTATE TAXES FOR THE YEAR 2030 NEVE ASYESRED ERUPT UNDER
PARCEL N0. 172026-0050. -
TITLE LEGAL. DESCRIPTION
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A PARCEL, OF LAND L91N0 IN OMERNNEN5 LOP PVE (5). SECII2N 554501001 {77), T59R15HP
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ORVAL COUNTY
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Agenda Item #8.C.
14 Feb 2022
rXUIRIT "R"
PREMISES AND ACCESS AGREEMENT
LEGAL DESCRIPTION AND SURVEY
[dee attached.]
Page 79 of 100
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Agenda Item #8.D.
14 Feb 2022
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Resolution (No. 22-15).
TODAY'S DATE: February 1, 202,
MEETING DATE: February 14, 2022
SUBMITTED BY: Steve Swann, City Engineer
BACKGROUND: The City is planning for construction of drainage improvements in Hopkins
Creek from Atlantic Boulevard to Cavalla Drive (Aquatic Gardens Drainage Improvements Phase
I). After release of construction funding provided through a FEMA Hazard Mitigation Grant
Program grant the City will bid this project out for construction. The design of the proposed
drainage improvements are complete and require additional drainage easement area adjacent to
Wells Fargo Bank in the Atlantic Village shopping area.
Wells Fargo Bank agreed to provide the City with an expanded drainage easement to accommodate
the designed improvements in Hopkins Creek.
RECOMMENDATION: That the City Commission approve Resolution No, 22-15
authorizing the mayor to execute a perpetual non-exclusive easement for drainage purposes in
favor of the City of Atlantic Beach for drainage infrastructure improvements.
ATTACHMENTS: I. Resolution No. 22-15.
2. Access and Drainage Easement Agreement
3. Vicinity Map
&Lt..
REVIEWED BY CITY MANAGER:
Page 85 of 100
Agenda Item #8.D.
14 Feb 2022
RESOLUTION NO. 22-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND ACCEr 1 II4i5
THE ACCESS AND DRAINAGE EASEIGIEN I AGREEIvIEIa I FROM WELLS FARGO BANK,
NHI IOIQAL ASSOCIAI ION, FOR A PERPETUAL NON-EXCLUSVIE EASEMENT FOR DRAINAGE
AND RELATED PURPOSES, SUBJECT TO THE TERMS THEREIN; AUTHORIZING THE MAYOR
TO EXECUTE THE EASEMENT AGREEMENT.
WHEREAS, the City is currently improving its stormwater and drainage system in the areas north
of Atlantic Boulevard and lying Between Royal Palms Avenue and Aquatic Drive; and
WHEREAS, as part or these improvements, expanded easement areas in the Atlantic Village
sopping area are necessary; and
WHEREAS, the City requested and Wells Fargo Bank has agreed to grant w the City a perpetual
non-exclusive easement tor drainage purposes and related purposes, suBject to the terms therein.
NOW THEREFORE, Be it resolved By the City Commission ot the City ot Atlantic Beach, Florida, as
ro Ilows:
SECTION 1. The City Commission hereby approves and accepts the Access and Drainage
Easement Agreement ("Wells Fargo Easement") as set torch in ExhiSit A, attached hereto and made a
part fiereot.
SECTION 2 The Mayor is fiereBy authorized to execute the attached Wells Fargo Agreement and
such other documents as may Be necessary to ettectuate the purpose ot this Resolution.
SECTION 3. This Resolution sfiall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED By the City ot Atlantic Beach, this day ot , 2022.
Attest:
Donna L. Bartle, City Clerk
Approved as to torm and correctness:
Brenna M. Durden, City Attorney
01 ',',u-1
Ellen Glasser, Mayor
Page 86 of 100
Agenda Item #8.D.
14 Feb 2022
16Is Instrument Prepares By:
Mi IEss MU) unAINAt,,E EAsEmtn i Ac,REtmtN 1
This Access and Drainage Easement Agreement ("Agreement") is made this _ day of
2021, by WEELS FARt3u bANR, NAIIUIGAL AssuLIHIIO11, succe»or by merge. w American National Bank ot
Jacksonville (hereinafter referred to as "Grantor) whose address is c/o wells Fargo CPG, Attn: rroperty Admin.
MAC D1116 -L10 (BE#143590), 1525 West W.T. Harris Boulevard, Charlotte, North Carolina 28262, and the Ciry
of Atlantic Beach, Flurida, a unicipal corporation ("Grantee"), whose address is 800 Seminole Road, Atlantic
Beach, FL 32233.
WHEREAS, Grantor is the owner ot that certain real property located in Duval County, Florida, the legal
de.cription of which is attached hereto as Exhibit "A" ("Grantors Property"), and
WHEREAS, Grantee desires to obtain certain easement rights over a portion ot the property owned by
Grantor, and Grantor han ag.eed to grant to Grantee an easement ore. tfie lands described in the attached
Exhibit "a" (hereinafter "Easement Area"), and as depicted in the attached Exhibit "C", for drainage purposes.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other gond and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, subject to the terms and
conditions herein:
1. Grantor hereby grants to Grantee a perpetual non-eAclusive easement for drainage purposes,
with full authority to access, enter upon, construct, deepen, widen, repair, replace, maintain and operate. as
Grantee may deem necessary ur desirable trum time to time, swales, ditches, culverts, structures, pipes and
other drainage facilities and appurtenances (the "Drainage Facilities"), over, under, across, upon and thruugh
the Easement Area, provided that such use of the Easement Area by Grantee does not unseasonably interfere
with Grantor's use of the remainder of Grantor's Property.
2. Grantee snail nave the right, but not the obligation, at Grantee's sole cost and expense, to
construct, reconstruct, inspect, alter, repair, replace, or remove any Drainage Facilities within the Easement
Area necessary to achieve its drainage control objectives, including but not limited to the construction of an
open swale and any necessary connections to other drainage faciiities. Atter any and all construction,
reeolistructio��, inspeetion, alteration, repair, replacement, or removal of any Drainage Facilities within the
Easement Area, Grantee shall promptly remove all debris and other property, fill and level all ditches, ruts, and
depressions caused by Grantee, and restore the surtace of Grantors Property within and around the Easement
Area as near as possible to the condition existing prior to sucn disturbance, except as necessary to achieve
Grantee's drainage control objectives. if such area situated within, the Easement Area has been improved by
pavement, landscaping, or otherwise, and Grantee has disturbed such area, Grantee shall replace such
pavement, landscaping, and otner improvements with materials and species ut the same type, variety, and
quality as enisted prior to Grantee' s con.truction, reconstruction, inspection, alteration, repair, replacement, ur
removal; provided, however, that Grantee has no obligation to restore such pavement, landscaping, or other
improvements if such pavement, landscaping, ur other improvements violated the terms of this Agreement
When installed.
ulAlko
Page 87 of 100
Agenda Item #8.D.
14 Feb 2022
3. Grantee shall secure, maintain, and comply with all licenses, permits, and certificates relating to
or otherwise necessary or appropriate tor the construction, installation, repair, repiacement, and maintenance
of GRANTEE's equipment and facilities in the Casement Area.
4. Grantee shall have the right, but not the obligation, to cut and keep clear all tree and
undergrowth within the Easement Area and on lands ot Grantor adjoining the Easement Area that may interfere
with the proper access, comtruction, operation, and maintenance of Grantee's Drainage Facilities or any part or
them.
5. Grantee agrees that it will be solely responsible tor the maintenance and operation of any
Drainage Facilities it installs in the Easement Area. Grantee further agrees to keep the Easement Area free ot
excessive vegetation by mowing the gra.s and preventing the growth of shrubs, trees, or enutic vegetation, on a
regular basis.
6. Grantee shall indemnity, hold harmless, pay, and reimburse Grantor and Grantor's agents,
employees, officers, affiliates, and representative ("Grantee Parties") from, for, and against any and ail
reasonable costs (including, without limitation, reasonable attorney fees and court costs), experbes, Maims,
liabilities, causes ot actions and damages related to, or in connection with, (I) the use ot the Easement Area by
Grantee or agents of Grantee, or (11) any otFer act or omission of Grantee or any agent or Grantee. In addition,
and in furtherance of the above indemnity, Grantee shall be responsible for, and shall reimburse Grantor on
demand for, any reasonable costs or expenses incurred by Grantor in connection with any damage caused by
Grantee or any of the Grantee Parties to Grantor's Property or any other property owned by Grantor (including
damage arising after the expiration or earlier termination of this Agreement, such a5 pinking or Grantors
Property arising out ot or resulting trom such installation, maintenance, improvement or repair). the
indemnities set forth in this Section survive the expiration or earlier termination ot this Agreement. Further, the
indemnities set forth in this Section are made expressly subject to the limitations, including without limitation,
the maximum dollar amounts set forth in Section /68.28, Florida Statutes.
7. In addition to the above requirements, Grantee shall (i) not use the Easement Area for any
purposes other than for the Drainage Facilities; (ii) not unreasonably interfere with GRANTOR's or its agents',
employees', or invitees' use and enjoyment of Grantor's Property; (iii) conduct all ercavatiuns and otner
construction in the Easement Area only; (iv) not obstruct any entranceway, driveway, exit, emergency vehicle
access area, arive-thru teller lane, automatic teller machine area, or night depository area located on Grantors
Ploperiy; (v) use its best efforts to prevent any act from occui ring on or about Grantor's Property that
constitutes a nuisance; and (vii) use commercially reasonable efforts to limit construction noise during Grantor's
normal business hours.
8. Grantor reserves the right and privilege to use the Easement Area rur sucd other purposes
except as herein granted or as might unreasonably interfere or be inconsistent with the rights of the Grantee
granted herein. All fencing or other improvements erected adjacent to the Easement Area by Grantor, after the
errective aate of tnis Agreement, it any, shall be constructea to ensure Grantee's access rights described above.
this Access and urainage Easement shall run with the land and encumber the Easement Area
and shall be binding upon the Grantor and its successors and assigns. Grantor and Grantor's successors and
assigns retain the right to grant additional rights through, on, over, and under the Easement Area to the extent
that such rights do not unreasonably interfere with the rights of Grantee hereunder.
[Signatures Begin Next Page]
01561031.1 2
Page 88 of 100
Agenda Item #8.D.
14 Feb 2022
This Awessand Drail1 EaserneptAgrement i5 made and executdb the Grntrh;,day of
ilo.j et,-oo e_l—
witN';SES /! TOR:
rrinted name:J vrr+.ns
Printed Name: ; }Q 'FL E=ab;nabe,
STA! t Or NOR i H CAROLINA
CuUN1YOF BUNCOMBE
-Z,,c)_
rile Chyle r, Vice President
1 hefurvgts;nginstrument was acknowledged before me by means of phystcaipreseince DTP online
notarization, this tL0 day of Ni•e;.,,r,.v- , 2i.2i, Eymid Maiie Lawler, Vice President, who is pe. sonaIly
know.. to me or has produced Inc or;4e; Las ident;ficativn.
(SEAL)
D)5 !o11 a
Sdannah i..nAs 0
No aryPoone
Buncort11=0An ,NL-
111" ior• ._Le._n Q7-e•RS
• 1 vl 1-s.10
1
i JO i r PUBLIC Stat of North Ca.,,iina
PrirttName: `,;i4hha-I, ctt4Sickl
Page 89 of 100
Agenda Item #8.D.
14 Feb 2022
i his Access and urainage Easement Agreement is hereby accepted, made and executed by tFie Grantee this
day of , 2021.
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF CIUVAC
GRANTEE: CITY OF ATLANTIC BEACH, FLORIDA
Ellen Glasser, Mayor
The foregoing instrument vvan acknowledged before me by means of 0 NhysiLaI preance or 0 online
notarization, this day of , 2021, by Ellen Glasser, Mayor, who is personally known
to me or has produced as identification.
(sEAC)
01561031-1 4
NOTARY PUBLIC, State of Florida
Print Name:
Page 90 of 100
Agenda Item #8.D.
14 Feb 2022
E u-il bi I "N"
GRANTOR PROPERTY
LEGAL DE7l.RIPIIVN
Real Estate Parcel No. 177602-0100
o1,e,o:1-1 5
Page 91 of 100
Agenda Item #8.D.
14 Feb 2022
EXHIBI i "is"
DRAINAGE EASEMENT AREA
LEuAC DE5LRi ' nufl
PERPETUAL EASEMENT:
COMIVILRCING FROM i REOUTHWEST CORNER OFA PARCEL BEING RECORDED IN OrrICIAL RECORDS
BOOK 5683, PAGE 362 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, LYING ON THE EASTERLY
RIGHT OF WAY OF AQUATIC DRIVE (A 50' RIGHT OF WAY LINE), ALSO BEING THE POINT OF BEGINNING;
i REIlCI hula 1 II40E ALONG 5A11) RIGn i Di- WAY DIE N 7° 07' 32" w, lµ2.70 FEE': 1 RENCE CON 1 iI4U E
ALONG SAID RIGHT OF WAY N 11° 34' 00" W, 26.69 FEET; THENCE DEPARTING SAID RIGHT OF WAY N
78° 26' 00" E ALONG THE SOUTH LINE OF THOSE LANDS IN OFFICIAL RECORDS BOOK 8130, PAGE 2297,
50.00 FEET; THENCE S 11" 34' 00" E, is.65: THEME S i" Oi' 32" E. 7s./' FEE I; THENCE S 15" 24' 39» E,
is.6FEET TO A POINT ON THE NOTHERLY RIGHT OF WAY LINE OF ATLANTIC BOULEVARD (A VARIABLE
WIDTH RIGHT OF WAY); THENCE S 89° 27' 08" W ALONG SAID RIGHT OF WAY, 61.01 FEET TO THE POINT
OF BEGINNING.
CONTAINS 9,091 SQUARE FEET, MORE OR LESS
6
Page 92 of 100
Agenda Item #8.D.
14 Feb 2022
EXHIBIT "c
DRAINAGE EAatnnEIG I AREA
NCO SHOWING S1 TCU & DESCR[FTTCN OF
Aottkr1C DRIVE: DRAINAf1 EASEMENT
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Page 93 of 100
Agenda Item #8.D.
14 Feb 2022
ffirismariaariamitia.r.,
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PROPOSED DRAINAGE
EASEMENT AREA
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WELLS FARGO
BANK
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ATLANTIC BOULEVARD
WELLS FARGO DRAINAGE EASEMENT
Page 94 of 100
Agenda Item #9.A.
14 Feb 2022
CITY OF ATLANTIC BEACH
CiTY COMMISSION
STAFF REPORT
AGENDA ITEM: Ordinance No. 75-22-26
TODAY'S DATE: February 1, 2022
MEETING DATE: January 14, 2022
SUBMITTED BY: Amanda L. Askew, Director of Planning and Community Developmentaii
SUMMARY: January 25, 2021 Commission approved a one-year moratorium related to
shared motorized scooters to allow staff time to review and make recommendations for a
proposed ordinance. Shared motorized scooters, electric personal assistive nobility devices, and
micromobility devices (collective known as e -scooters) are an increasingly popular recreation
and/or transportation option in urban centers, beach communities, and other locales.
Concern has been expressed about commercial providers operating, renting or leasing these
devises in and on the streets, sidewalks, rights-of-way, parks and beaches, Often times e -
scooters are left disheveled and discarded in public areas creating hazards and obstacles. We
have very limited space on many of our sidewalks and multi -use paths and we need to ensure
that clear areas are maintained at a minimum to provide ADA access.
On January 24" Commission approved first read of a proposed ordinance that prohibits the
commercial rental or lease of personal assistive mobility devices, micromobility devise and
motorized scooters. Discussion ensued around the potential to prohibit the use of types of devises
rented or leased commercially however, the city attorney advised Commission not to add this to
the ordinance based on a recent court case in Panama Beach. The ordinance now only prohibits
the commercial rental or lease of these devises. The ordinance provides definitions and specifics
that enforcement will be conducted pursuant to Chapter 162, Part I (code enforcement) of the
Florida Statutes. This is the sante enforcement process as unpermilted businesses, violations in
Chapter 19 and 24 of the Code of Ordinances.
It is not the purpose or intent of this Ordinance to restrict or deny the use of personally owned
electric personal assistive mobility devices, micromobility devices, and motorized scooters in the
City, if they are operated consistent with Florida Law and City Code,
RECOMMENDATION: Commission review and vote on second reading of Ordinance No.
75-22-26
BUDGET: None
ATTACHMENT:
CITY MANAGER:
Pro osed Ordinance No. 75-22-26
1
fir
Page 95 of 100
Agenda Item #9.A.
14 Feb 2022
ORDINANCE NO. 75- 22- 26
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES TO ADD NEW
ARTICLE VH, PROHIBITION OF COMMERCIAL RENTAL OR LEASE OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, MICROMOB1LITY
DEVICES AND MOTORIZED SCOOTERS AND ENFORCEMENT; PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has received complaints from citizens about the
commercial rental and lease of electric personal assistive mobility devices, micromobility devices
and motorized scooters, creating obstructions in and on the City's streets, roadways, sidewalks,
bike and multi -use paths, parks, beach and rights•of-way blocking ADA routes, sidewalks, multi-
use paths and/or causing obstacles on the beach or in the City's parks; and
WHEREAS, City staff and City law enforcement officers have observed users of electric
personal assistive mobility devices, micromobility devices, and motorized scooters riding in an
unsafe manner, failing to observe traffic control regulations, and other dangerous maneuvers that
have put people at risk; and
WHEREAS, the City is aware of other local governments which have experienced
negative impacts to the health, safety and/or welfare of the public by commercially rented electric
personal assistive mobility devices, micromobility devices and motorized scooters; and
WHEREAS, City staff and City law enforcement officers have observed these devices and
scooters left and abandoned in areas throughout the City when users discontinue use, creating
dangerous conditions throughout the City; and
WHEREAS, the City Commission desires to prohibit the commercial rental or lease of
electric personal assistive mobility devices, micromobility devi :L,e and motorized scooters, in the
City in order to limit unsafe conditions and to protect the health, safety and welfare of the public;
and
WHEREAS, the City Commission recognizes that owners of such devices and scooters
are often more experienced riders than renters of these devices and scooters; and
WHEREAS, owners of these devices and scooters may utilize then] for primary modes of
transportation as opposed to renting them for entertainment or recreation; and
WHEREAS, by the adoption of this Ordinance, the City is not and does not seek to regulate
the operation of such devices or scooters on the City's streets, or impose additional requirements
or disturb the uniformity of Florida's traffic laws.
NOW, THEREFORE, BE IT ENACTED 13Y THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
0100748-1
Page 96 of 100
Agenda Item #9.A.
14 Feb 2022
SECTION 1. Regulation Amended to add New Article and Sections. New Article VII, Chapter
21, Traffic and Motor Vehicles, is hereby added to the Code of Ordinances of the City of
Atlantic Beach, Florida, as follows:
ARTICLE VII — COMMERCIAL RENTAL OR LEASE OF CERTAIN
TRANSPORTATION DEVICES PROHIBITED
Sec. 21-95. - Commercial rental or lease of electric personal assistive mobility devices,
micromohility devices and motorized scooters prohibited.
(a) The commercial rental or lease of electrical personal assistive devices, micromobility
devices and motorized scooters, as said terms are defined in this Article, within the City is
prohibited.
(b) The following terms shall have the meanings given herein for purposes of this Article
VII. Words not otherwise defined shall be construed to mean the common and ordinary
meaning.
(1)
"Electric personal assistive mobility device" is defined as any self -balancing, two-
nontandem- wheeled device, designed to transport only one person, with an electric
propulsion system with average power of 750 watts ( 1 horsepower), the maximum
speed of which, on a paved level surface when powered solely by such a propulsion
system while being ridden by an operator who weighs 170 pounds, is less than 20 miles
per hour.
(2) "Micromobility device" is defined as any motorized transportation device made
available for private use by reservation through an online application, website, or
software for point- to- point trips and which is not capable of traveling at a speed greater
than 20 miles per hour on level ground.
(3)
"Motorized scooter" is defined as any motorized transportation device that is powered
by a motor with or without a seat or saddle for the use of the rider, which is designed
to travel on not more than three wheels, and which is not capable of propelling the
device at a speed greater than 20 miles per hour on level ground. The term does not
include an " electric bicycle" as defined in Section 316. 003, Florida Statutes.
Sec. 21-96 -- Enforcement and penalties.
(a) The City finds that a violation of Sec. 21-95 constitutes a serious threat to the health,
safety and welfare of the public and citizens of the City.
(b) Each violation of Sec. 21-95 shall constitute a separate violation and each
dao (am 241
uui cottsecumc uct-iu,l i that :t COW, 1,1 .. 21-95 occurs or
cUntinues shall Con4tilule. 11 j aratc vu InIion within the nie4uhing of Pioiicla-Stut++hs:
Chapter 162, Part [1. Florida Statutes and Clitipi,.1 yam 2 of the City's
Code ofilydi tunees..-pon-islvahle It~v n civil penalty -mule Hied -below:
2
Page 97 of 100
Agenda Item #9.A.
14 Feb 2022
First -violation: `6
Second -vi 3lc tkm: -$
—Third-and-allsubsequent-violations: $
(c) This Article may be enforced by the issuance of a civil citation by -a -swtrrrr-pelic-e-ollieer
pursuant to the provisions of Chapter 162, Part 1, Florida Statutes and Chapter 2, Article
V. Division 2 of the Citv's Code of Ordinances. of the city who -has -reasonable catrse-to
believe -that a person -has • A . d-4wei9t-pcaliee-officers of the -City -shall
be con..idere ede-en Bement officers for the-puipese-o-l-enforcing Sec. 21 95. A
citation -issued raider Sec. 21 95 may be contested to the -comity -court for Duval -C=ounty
FloridttrThe civil citetien hall-eeHtein the -matters specified in § 162.21. Fleriria-Statute
(2024). or subsequent-. stipefseding--legislLition. in -form-approved-by -the Chief -of -Police.
will -hilly refuses to sib --and accept a citation issued pttafnl-to--this
Section shall be guilty of -a + isdemeanot=cif-the-seeend-de e-punishable-asfirovided-i-n
§§ 162.210. 775,0g2 -and 775.0g3. Florida Statutes. or -subsequent. superseding
legislation--In-addition— -1-hc penalties specified -ii -this -Section. a person voluntarily
paying -e -civil -citation or convicted of a civil eitatien--shall-be required to bear-al-1-eests
and fees imposed -by -the -County Court-oFtheefliee-o# the Clerk.
(d) The -penalties -provided -here are cumulates k -any othe i ivil or criminal -penalties
ai ailableter-violation of the Atlantic Reach -Code -of -Ordinances,oystafe law Mcrnbers
of the police department are hereby authorized to remove or cause to be removed any
electric ersonal assistive mobilit device. nricromobilit device or motorized scooter
rented or leased in violation of Sec. 21-95 when left unattended in any public right. of
way. public property or beach under the City's jurisdiction. The services of tow operators
pursuant to Article 111 ofthis Chap. 21 and the provisions of Sec. 21-55 shall be applicable
to such removal.
(e) Each day -(any 2'1 consecutive hoar period) t1 : flan --of this Section
occurs or continues -shall constitute -a -separate -civil in&actio
penalty in the cumulativeamornri specified above., -Repeat violations by a -single person
Of entity may relate to different requi •
's law and in different
cireunf 1anec and-s+ill constitute -repeat violation for the purpose of determining the civil
penalty -due:
SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 3. Severability. if a Court of competent jurisdiction at any time finds any provision
ofthis Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed
3
Page 98 of 100
Agenda Item #9.A.
14 Feb 2022
severable and removed from the remaining pfovisions of this Ordinance which shall remain in
full force and intact.
4
Page 99 of 100
Agenda Item #9.A.
14 Feb 2022
SEC'T'ION 4. Effective Date. 1 his ordinance shall take effect immediately upon adoption
rAsSED by the City Commission on first reading this 24`x' day of Jaiivary, 2022.
PASSED by the City Commission on second and tinal reading this day of lull.
Attest:
Donna L. Bartle, City Clerk
Approved as to torm and correctness:
B,enna M. llurden, City Attorney
S
CITY OF Al LAN I IC BEACH
Ellen Glasser, Mayor
Page 100 of 100