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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.�— Page 5 of 100 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 1 Page 6 of 100 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.) 2 Page 7 of 100 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) 3 Page 8 of 100 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: 4 Page 9 of 100 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. Page 10 of 100 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 6 Page 11 of 100 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. 7 Page 12 of 100 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. 8 Page 13 of 100 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. 9 Page 14 of 100 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: 10 Page 15 of 100 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 11 Page 16 of 100 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 —411111111.11W— OM( 69`I,I M€O. BY FOGYM: MOTOR COolst 1p0111GA4& , 1976 KG 4250 11.10 wan OASgj,�CAVIR: 1I �A591114121/1IH4 MSS�yi451 S�I7f 2 /IIBS Off 1 Aro/ 65 P51(M6, A7 SSO OW Re dIMS ISpy(�W(VIgyMAlelr161P%1l111P�f6fR{I Morop PS! NW AIIWE SIMN6A1661Iq{ff ON 1y 6Vr10! 1Y1! i�FF7kxAeirmis91q aillIN1110 111811 '"„ an 1 rSu, 1 s �Ulr� ,Pf4. r116117N 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 10T 0 Eti a:e. OOT Jo tit @Sed 10T o S17 a:e. ( MZ 4^4'."--64,-- ,- /-, yy/ Z,ZZ Lie / f # 4 \ Z I II 1 VtI \� 0 1-hDJ- -n FIT C� 09 �. SOI 0 917 a:e. r I . ,m.44i4d. 77f j�,; 14 ddf ± T ktar � Iriu • 011 I-1 DJ T ( CrfD N � 0 00 N W . OOT Jo Lig abed 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 01595639-2 1 Page 53 of 100 Agenda Item #8.C. 14 Feb 2022 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 Oi 5v56w.a Page 54 of 100 Agenda Item #8.C. 14 Feb 2022 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 01595G39-2 3 Page 55 of 100 Agenda Item #8.C. 14 Feb 2022 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. 21595639.2 4 Page 56 of 100 Agenda Item #8.C. 14 Feb 2022 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 Page 57 of 100 Agenda Item #8.C. 14 Feb 2022 Ltsstt site iD: selva iviarina / 6103i 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 Page 58 of 100 Agenda Item #8.C. 14 Feb 2022 LesseE site lu: selva Marina / 610397 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 a.snsa,e 7 Page 59 of 100 Agenda Item #8.C. 14 Feb 2022 LESSEE site ICJ: selva Mai ina / 510397 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 Page 60 of 100 Agenda Item #8.C. 14 Feb 2022 [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 gg//���ll •Atm a eS.20 222 41s�,.T01U0 m.Drm srErrm1L T rN1_ 001 4 9lAm; MA It41 5 " R7f1101C 4LL FAM1 124110.4 +144 MAC= W e?I P>KY FSR s 410.4 COMM If 0 W6M1L 24112¢1 2011111 Far. R»1 F42010.01 FMi,om.0 l RAI .24232 PLAT 4'411 4 RIA[ H4 A M 4 1.20044 11E 8441 401 fnsrilEAMEts %4135 50 144. °4,4�l41 4 10101111E w« 0120Ft M4, +nn. ERE V, ss '4.44111M' ,w 11401= w. T !1 ovvecnra •220 .rnx 01484 S MY MOM 011 FLA 342121 4I2 AMER 141144 M1RS AOA r1< r, •1.c•a PRE/ 04202+120 161E WAWA n¢ .4 u Pae ug rva um Inc 0.2 PM100I2ARA121S4 E E 21.00) 10406161!1 TSI. 28141122!0 PMCu # W1 WNW. 1Pi0E ph:AmmRR ... IBL 14 MVO, PYRn 1t 020 er AnmAlle 02.42A 42.212.. FL 22004-622, 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 22231,1501 ammmmarrem faT 1.110: znrx>s 172971185 112574514 3Mmom 11317451{! +w.a••'.�11.1 O 1737411!1 Ca =VW MO + 110:745171 lJ 112571 ICY 0 272TAI5111 Ci 113431 H5rr4moo ,.....1�e, ▪ AMAMI 0 A...•FMr war { IA CERTIFICATE EATRUOE N 0 ?O' 05 -0G2` iim.A0 X11) LOSI3i UB€ We1' 24' 10.SOC1' {ma 'moll) Ewa= E EV, 1A.MELk 7.6141 (WO PRF I I LOT 9 [ 41 IL LOT 11 1 IAT fO 8t� LOT 8 I i O 9 414 i 1 C i Sig ® PG 23A T , LOT 7 1 I 1 1 0 LOT 13 SR3'23Y0'W d COD. EGEND LOT 14 112547 H9.' PS'z 100.00' LOT 15 - 440112 LAP A 44RER1 2114) TT LTA E {NOi AIR47 811Un Pss Ulan PfLE av (u:O+w 44212 POLE 1111fE POLE 41TM TRARBFORAFh sw • 118ER VAULT ® DROP MET .1g RAO* V1C4: • 14012'4 METER ( FIRE HYDRANT ) SANITARY 4014114 2041.101E ® IRF (•} FtG' a PROPEorr CQZ+P {CASE EDGY 4* 441/14411447 --bwx01MA040 0411 -RP,- Re01T-OF-04V f(- 131444 COIF MICE ^. •• TREE UAE eAV4E .+444.,2 011414 CCACLLA11I4 94' RCI REB.*R (110J.40) NO AIL /111%4540 NAL 4FDARD) NO LR CITY OF ATLANTIC BEACH PARCEL # 17202$0000 `L \\\ \ .QA. 1.88 ACRES LOT 1B 0 LOT T7 0 PROPOS YERadN 60` %60 ALRE4 LOT 18 0 o LOT 1 563. 25- 26 11iil S pugaeC DT, PROPOSED 2C' ACCESS/UTIJTY EA244447 TO MERU, AIL IR Tani MAD R71EGH,))C 27841 M OR ORR 0:111#EE�fi 4.1842 r. Crs 10411 256:94 Pa 41 PC SSA I HEREMY 11441 Y MAI THE ATTR*ID PLAT LE A 1RUE A44 =REECE RC1RESENTA1100 4 THE LAVDn 411004414.5' %RATED AR0 0W.4R MOOR NT HESPCCESIDLE O.'T.1,14 241 SIPERN9014. 7141T TEE SAR4EY SHOWN LAIEORMS TO TEE APPLICABLE 380100404444111 OF FLOOD* STI. JTFS OSPIMEED 1544 447 0M11, MIA. G! MIA. BAT, 444. ^HIA15ti �134. .��a,+e. vErAa.1t ALAN R ALBERT Et Id. Pa 027711 THE SEAL 4011t4044 ON TIS 00CUNFNT WAS 1.114450284 @P (AuAC 114 A1BEIR. PSH. 4$ 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' =MAL HAP 512E 11.40' R 17E10' CIO (D 0 a) -n r'F 1D cr IV 4:k 0 00 n . OOT Jo s9 aSed 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' va (D a 1—h a.) -n (f YD Cr N 4k O CO N 1 N . 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) Tr (9911 00161 ▪ 1393177 441E NIH 1RAY9'tllNOR -aa SCA `8j FBER VAULT OIs MEMO T 'II;t UAW 143€7 , 4ATER VALUE E WATER M_EIER • 1FE 6119RANT [4 MANHOLE LEGEND 049PCEED 25 u DUTY/ACCESS FASEHEN1' ▪ 1540T41T SEVER 6A41A1_. .00 2247 CIDNNO) ..� P11F �/LIAC NAL 70.182) NO e 01/04511 COOJER (CALL) 0461 OF PMENENT -0jWRIOFR-0F.-114Y xCHAIR 1,52 FENCE _rysar-r-4,1. TREE 101E • ALASEXASEuen CG61ER (CALOR ATE95 0 RHC AIM EMIC 2NM, (Mt SIMS COACEMIT 7,3 T7 ' 2 2366.6 1 HFI68Y 611141' TH061 THE *11304ER 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. H''�87f �1 g �ri�i ! s� 64 ti N LSP. 5FATEDE FLORIDA 4 I .0.4 ALAN H. ALLBERT BSA. BOAS 7271 1115 SEAL 461616 ONG CN 1148 006I1.1€NT RAS AUTHORIZED EY (ALAN, N. 449417. 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 10' SCAR: 1' - 1G 06/46641 LEAP SEa 17.00' x 17,0' va (D a Di) -nCD n Irt �D cr NJk 0 CO n . 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 Rrvsmwa, .sErtalc UedeaacaxEU W's,MGrne,eFemNau:rBTe YELOcall, ESIETWE,ErtILRi WmH£SP ESE GL La Tune ON GMGINETE 11 .1..1.6 LwsTN. Givau+ nt YE NM IT iEIECC]1A DESIGN GROUP T4104. MIMI ISM FL MO 31Ltl '.. LESSEE ERoso� MUM TES LESSEE USW COW II�B9CPENCE , ABOVE GOsm .L m SUPPORT. P. P P3IRY 6 RN 3L[LEpb� -- ISIEE ESIJIPIOENY cwNrraELEGIRCESEV P E .LEES!RB.06� GR ROWE T8 WM.* _-_ luGmm,61 Mb= ` a 14{7 SPLAZE TMAI E.I$NiG E 8019 PMS MEE - 1 PLL'LJ.N� •1J nDF4 HCNONAI =SYS. WEIS .01.E. . EWES, 1 ®R otwb,NEN IL .wrn LtstENSitED P, WP3TIkfiL ONGa[EFCR3USW ) V� l { P, • �GRW99ortle TO��R OTHERS ,_ ± CRCGING ELELtieCLL If.RAME wPYYCFEik ClI PC IgeO)EG ver�zc�nY RPS E TELLCGMI F141 Till ,LE FEEEAC 6. R. iTE2l . _ _ .-. M -- Allilliffi"�1 E ^,. tl,1=EElM LEL. RE 6 EIS 99094.1•90161 rEtsER p ItitlEssCLJ� r 0.61 mamRa,E..nrw Nmn ,wHOYES STREW Eme _` _-_—�` 1 .� (� 1,41 lO1PEN1V5'4lEPSCN _ RPeRnwoNo. —naocr�wSa s7W97 SSELVA MARINA. RELO ICBEUS A 3T AMM[[C FA01. FL 322a3 CBVFLPRDECiT. WLNl.Sd721 -i .'_ - trlSTftCll , j L-"- I 1, // a1wRGx r _ V, �t` ISM 0.1. IpJf . ..._I IZal L SS { i .. RCRDY�_OaIA :ICRGO.9*9,.4!R9 -•LESSEE �kE.iDCaHOarmW11]�[�RY� iii GRAPHIC scar.. N OVERALL VIEW WITH AERIAL Mu OVERALL VIEW WITH AERIAL 0' .25'5U ray Ia1,3G41.! 1'.19_ - ....... _- - - CIO CD Q N -n (f tD CD NJ 4:k 0 00 N n . 00T 10 OL abed 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+ hoer zon 7339 BMW= sol TIM! Tema. n aau 010397 SELVA MARINA RELO 49 „in ST AT1AN11C BEACn. FL 32233 CSVR PR(}. CTR VZW..1<721 ■��, • IIIIIIIIIMI 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 517E VICINITY MAP n.t.s. bpi& Ar 100 S+lmra un 033.3.3,3 33 nR NM, G spin RAC NOMA. MON_ Wer.111 aVALT,zNtrza1114.40 � e0, SISiON NL LOO NAM. AN3 ARYS33FN RS PP'{ F.1 7. AEA cawrro 1rr carirmalt =EMI 3PM 1331.32: MTN P71Pi NCR .anus. MON 'J4 ORTFAI [ Rm17 L RJl .1171=42. PLAT RMC u PAC MA Pm 1 on06 poop L PE 10117 Wad 1.3 NEMEC 1191010719E MEN G' 3 sno arm: CAPP0 Tk N or-t3M 0X741 717* Far Now Aa1 6 Pm M ALTApvP OAPs 111E 91157. 7g PELT 3 r1A nRi CmParnmor 33 +mm. a 7 Aeopearse¢ 1R®I raw 13.32.7 MOM =Mt= RAI% tlit, i R OMAN LE,E 1RAPP7 917 sus= NEI AN LI IL41pY, sumo Ica 1CWp18110 Of 1.1.101TMC ors M WC PLOW MC TMC fla Ht.'Yr.-AMWAY0 ONEW . [CIL L PAPr*A1T1i '6101 Ore AMY. IV. WhOCILL £ O7TE O 86/21/2021 `.0111 nm PR JJ111N JGC S 05/10/2021 IT RV... 00/10/2021 TITLE L."AILITLIENT JCC PROPERTY INFORMATION Aces. Mak 0 O 0 M HWi 17n3t9mf J79 -03E23 21217t3®• IA CERTIFICATE LLLATEIWE N 30'21`0-002 {NAD 8S�0I12 LONGITUDE WE1'Or1LS00' {NFD" 011) IR MEV_ OGROLZ 71No I7 V0TFS) LOT 9 E g 1 1 S 'W1"1 tm L iLar s t ' QTS 110 4 1 O 848 0oi 8 , Fc 2 0 1y 1 � 1 LOT 7 Iii,___________,LOT f3 L ey3'2a (1*) 150.00 Sr/ !! 1' (TIS) .i IEP {00'.07. {� w LOT 14 C137 OF ATLANTIC BEACH PARCEL if 1720260000 0 LOT S 0 !RP y 11 a.tsa..r� SPN 1-2 SFIS 172374914 ✓�+'... 0 0101757117 �..o Pxn smosrxr 3T]JtTl3LA ameaumemssia (1) 277070710 — $/ �ast.c..rd 0 Jiff 7.89 ACRES 72575NG BLOC Ii LOT 4 d e .LOT 3 GtoSG 1 �d �m im 0 1 Lai 7 s WATER 135' S 7571* TAMC/PROPOSED A PROPOSED NENOPLQLE 5>' WEF ZOH N,.3167045,745 j 10' 3 67 0.525,3603000` 11 LEASED 3A083/7041 AREA LEGE PROPERTT 7405 — 5042 EA% PROPER.. LRF LGuIT POLE ) 571175 POLE 04T IAJNO+7 J • UGNT POLE LrOLITf POLE 3117 TRANSPAD -13"`"• new rut? GF SOPA es Es CEA010L1T ® ORGP PALET •r+ RATER TA.'L0 9 44p,131 PARER Tp F7E NN 11557 (ET, LMCRt5LL S NIMART SEVER LOAN= @ IRF Faro RtGY POW (iDJHO) Px% .f34.6 NAT +,NOON') NO ® P5OPER3Y CORNER (GILL) EDGE OF PA7EN€N7 04VREAD MIRE RID4T-or-51,11 3:W1711175 PEACE + •�'^ 17EE. NNE .ETI..:T 003,601 4 (CPLOA A a ----07.--• 3elsp[EEW 301E 978TRYCIIROA0 RAIE(91,HC ?ice CIA IBi 1 Cp1rIL882f7 EEi * F Crs i. 451 R 2'HG9G 4 p.wc Fr - 1 17.5097 371717? 7117.7 7*E *7740107 PLAT 15 A MILE AND coftE0T REN4OSEN;ASON OF THE LOOMS RECE715_1 91R3ETEI ANO Num UNDER NT RESPONSIBLE OREOORY AND 514Pp1USITIS, 'MAT THE SuPwr 410551 =FOAM 70 THE ...mad AILS RE0I0429115 OF 7127*104 37510135 GI4F175 177. CSI14F42 TOPS 07 PAY W" 51973 2021. ALAN H. ALLBERI P5013.ND.397271 THE 30.1 MPEA'Oio OP 11.15 7,05451,7 WAS MINN A= 57 (ALAN. 1L ALUM. P.9L4 LS 7271 ON APPAL 7, 2300.) 5447515 AP 14140/OM 1@952. T OF Tiff COMES THEREOF PRE HOT WEN E0)46430 7B 57FANRE AND 0135HPL R.USL 74L Oi 1151 FLORA 1. 7630 SM1RVE'7( AAO 747.990E VZW SITE 6tW3 7 VZW SITE NAME: SELVA MARINA 4115 11TH 5T A1LA1TIC EGAD,. FL 32/33 OLNAL couNrY SEC 17/1-14NSNP 75(R1LG 277E (IIID 5N7RIC F r''TSOKUEO E N: 4/7/21 PROPOSED 7e7EC01DJON16AR5N5 9711 PLAN PPO3ARED FOR verizon' 4700 3531144407 007107. 54171E 100 BOCA RATON. FL 13431 (551) 933-5339 00• 120' ORIGINAL NAP 0123 MOOT x 17.0• ao ro I 0) p _ CD T m3 Cr N 0# 0 00 N f'1 N OOT 10 8L abed EXHIBIT A -page 2 of 2 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 PA10. NOTE: RFA_ ESTATE TAXES FOR THE YEAR 2030 NEVE ASYESRED ERUPT UNDER PARCEL N0. 172026-0050. - TITLE LEGAL. DESCRIPTION 9SUA1E6 1N DURAL DOWNY GF FLORIDA A PARCEL, OF LAND L91N0 IN OMERNNEN5 LOP PVE (5). SECII2N 554501001 {77), T59R15HP 2 59210. RANCE 29 EAST, BUVAL GOWN; FLORIDA, MID WORE PARTICULARLY Grimm IN '+E511k5G 0EED RET0V.IED IN 029 OOMI 7766 PACE 124, OF IRE ALARM RECORDS OF DUYAL Tx7UNT7, NEMOA. tairp._ 1Hilliniq RLC TIMOR OR Rao RALEIGH. RC 25919 pispzum COULEEZT SNCL r 60+3 11EP A; 274654 1 NTFBY CERTIFY THAT 115 AT1AR7® PCAT 15 A TRNE mo 0040 ECT REFREsesTATION OF AM LAMS N[G571iIC 'E0PBL0 WA RTS1154 ON4 99ERN51ON, THAT ME 9455 Y 559AN commis 15 THE 000120050 0004 0002 GF 0.40000 SIARSTES CNArlo• 179. 2201104 TNLS 07 DAY 0* .PNL .12421. � A TIEl4 r 14.„fon Atr, 0 4A LS7271% V` _ oF FLLORIA Ar Kliti4itl*(Pt ALAN H. AU9ERT PAN -09 LSTITI INE MAL 0045.1 20 13.1 2)95 00512517 WAS AU1HORPSb BY CATXL IL ALL00R. MAL 4S 7171 ON APPA 7, 2021.) SURVEY NAP MIO/OR MP -CM CF nrt CoOss 1NFA0' F ARE MOT VARW MfMWT INE 51012350 4410 AR CANAL Ammo SEAL OF THE 047RIDA NCEMSED 5WSVICOM AMD NAPPER. VZW SITE#: 610397 VZW SITE NAME: SELVA MARINA 489 11711 sT A21AN11O GEACR, FL 32273 ORVAL COUNTY 559 17/TxNS? l' WRNS 2@E F1EID WORN PERFORMED 001 4/7/27 °ROPOr71 TELECDNMUNIC012N5 SITE PIAN PREPARED FOR verizanvi 47110 6000.0145E 1.0001, SLATE 100 002. RA1101I, N. 33431 (567) 052-5254 44,52. f60CIN 1. 1100 9210 71.025 x 17.00' Agenda Item #8.C. 14 Feb 2022 rXUIRIT "R" PREMISES AND ACCESS AGREEMENT LEGAL DESCRIPTION AND SURVEY [dee attached.] Page 79 of 100 OOT Jo 08 abed PROPOSED 60'.950' LEASE AREA PONT CP 815091910 601:60 LEASE AREA N=529.334.0482. E-2.182.157.3274' NALIEDAN N 019 13&2r PONT OF 505114ETI.5057T 20' ACCESS/1E11r' EASR4EPIT 601,190 LEASE AREA 14.2,157,1394550` E-52811857093` NA053/2D11 µ834007'E 89.90 COSTING 133 WATER TANK/PROP09W UONCPOLE 5.7,182155.743' .�Q0S5 414293 NA083/2011�- 59 07'YI (TOTALI m142170 E 151.04• PONT OF 8EIHN911310 26' ACRSSAMLITT EAWLERT 4-2,18;158 War13' '-525354.8037' 140.043/.2311 EXIIIIBIT B PROPOSED 20 21599/A0DCPS EASEMENT LEGAL DESCRIPTION OF 60' X 60' LEASE AREA ALL THAT CERTAIN LEASE AREA. 9124220. L1100 AND 9162 iI DUVAL F1AINT8. Hf18LA, DENT A PORTION OF 194E LAMM 7E5[Po92 IN OFFICIAL REC300 BOOK 0444 AT PACE 1288. OFFICIAL RECORD 80015 18765 AT PAM 213, DEW 8501T 1791 AT PAGE 104. 0E6 83045 382 AT PAGES 17 h 19 OF 194E DUVAL COUNTY PLOSIER DF SEEDS AND BEING NOM PARTICULARLY DE,LA1990 AS 102,09IS GONNENONG Al AN E35T1NG 5/9' IRON REBAR (NO L0.) F0040 1111 THE 542934ERN NIm4T or NAT OF 11TH S3FET, SAO IRON BEING TIRE SOUTH71Gi4LN4 CORNER OF THE PARCEL DESCRIBED N OFROAL RECO0 DOCK 5444 AT PAGE 1280. OFFICIAL 9CORO BOCK 15755 AT PAGE 813. DEM 8OOK 1761 A3 PACE 104, DEM 40014 392 AT PA( -5 17 4: 19, HALING FLOR7A EAST STATE PLANE 2903014A1E5 OF 110=1941915 - D192,122.4554', ANO FA50NG +. 228,199.700.7': TH5155, 9904 THE POINT OF g4N014 ENENT, NORTN serene EA51 A GS1AN(`T 07 13527 MET TO A PONT ON THE SOUTHWEST 00464 N 0' THE HERSJN 1ESCW1A 90° X 90 LEASE AREA, SND PANT 8EMC THE TREE POINT OF 0EGNI OTO, 10.1040 FLO04A EAST STATE PLANE CCORD9Lk1F3 OF NORTHING = 5,18$,169.3774. AND 1.9211442 - 529,324.0482°; THENCE, FR04 THE PONT OF BEONN140, NORTH 07150(r `1351 A 05TAUCE OF 60.00 FEET TDA PONT; 111EN450179 B04007- EAST A 0I5TANGE OF SCLOO FEET TO A PONT:. THENCE SOUTN 0713'02' EAST A DISTANCE OF 80.00 FEET TO A PONT: 7HENOE SOON 41310007' W45T A DISTANCE OF 9M00 FET TO 7'+E PONT OF BEONNINO. SAID LEASE AREA CONTANN6 3.300 SCUARF F2`T 9R 008 AGNS MORE 09 LESS LEGAL DESCRIPTION OF 20' ACCESS & UTILITY EASEMENT ALL THAT 5EFTAN EASEMENT AND U1IUTY AREA. 14154100. LYING AND CENG IN DUVAL 0U51Y. FLORIDA ROW A PORTEN Cr THE LANO5 DES0ORE0 94 299001 REC090 BUN 5444 AT PAGE 1285. OF7IDAL RECORD 80044 1878.5 AT PAGE 912 DECD 6001( 1761 AT PAGE 100. 0500 8005 382 AT PAGES 17 19 OF 1943 DUVAL COUNTY REGISTER OF DEWS AND BEING MORE PAR713LLA0LT EMERGED AS FELLOWS: 00144EN599 AY AN 22111415 5/8- IRON REB{( 00 1.5.) FOUND ON TME NORTHERN 43 1T OF WAY OF 11114 STREET. SAD IRON SEM THE SOUTH112Si4.544 031504 Cr THE PARCEL 0T5tl0BW 91 OFR04L RECORD BDma 5.144 AT PALE 1250, 9.41541. REI9EEA MEN 13797 AT PALE 013, MED 9404E 17,51 AT PAGE 104, OFFD 9COK 382 AT PAGES 17 G 19. HAWNG P50954A EAST STATE PLANE ODO6INATE3 OF NORTHING - 2.182°156.1150", MID EA711N5 - 525,1997543; 111E+4('>; FROM I15 POINT Cr COIN4EML2NP 7. NORTH 93'42'ee' EAST A OSTANC OF 154.04 FEET TOA PONT ON IME SDUCI EST WEER DF THE HERSH 5ESONEMM 20 A0CE3S AND LOUT), ERSE4ENT SAID Pool' 6441110 144E TRUE POOR or ErLoomme HANNG FIXED/ EAST STATE 5E113 1500491NATE5 O5: MORMR16 - $,11021595785: AND 845150 - 328,354.8033': THENCE FROM TIM P014T OF BEGNMNG AND LEAVING 154E NORTHERN RIGHT OF WAY OF 11111 544554, MIRTH r31511500 - WEST A DISTANCE OF 8.17 FEET TO A POINT, T71p4CE NORTH 53'42'00' FAST A DISTANCE OF 19.99 FEET TO A PONT; 11454CE 551111 051634' EAR! A 0121A14M OF 054 FEET 70 A PONT: 195295 m 5CUAH 83'42'00' WEST A 1STANLE 05 15.44 FIEF 1O THE PO MI OF 9E31NING. SATO EASEMENT AREA CONTA4BNG 170 SQUARE FEET OR 0.704 ACRES 9093 ON LESS. LEGEND FROPE4IT LPD 40X4N4R5 FFGFIT LME `9 u ITT SZW.EraO f11RTIT 119E 007 (Anemia • U040 Pmts • 412997 POLE 01M14 1RJd91:AUER RCN FUER VAULT LDS CESANEILIT ® DROP 14430 1157E11 VALVE MOM 1IL1E2 FRE HTORMB f�J 111 104111 12 SA1145T 5E4F1 II.1N1GE ® I01 R1M4 OESAN (199.759) PI4 / 1144. 110045) N0 L1A 0 119945921 CABER (04554 COME OF/15713097 CNN54.595EA11105 _--.4I/1_... LIME -OF -1W -9- MAIM LIRE F11110 1146E 4Wt 16.45715604121008511 (54443442155) LSt RIC ffi TRYON EAD RAMIE 2rem 0319 8848351 C0Atuez 7 I=r119' 75 1 9124581 mon. NAT Thi ATTACHED PLAT 0 A TNIE ME OgAECT 1;:P1RSVITARC! OF 9E LANDS RE 4118 1Y 3311104E19.3 08 � 5111,1P4SDN. DNAT TIE 6.13131 0O4F5p01110 TIE APPJDA9P1DMN REOLEMENIS CF RSRIW 920.211!5 MAPPER 177. 1I1111R® 1115 27 081 15 0772 2001 Sp i LS73r or .GGYfiAL W ALAN FL ALLSERT 1121.110.LS1271 141 SFJ4. APP. -AWE LIN 7915 0001110111' MAS 1JA1140453 47 14584. x 4.28E81. PEA. 1.5 7274 01 SPAM ). 4071.5 SURVEY MAP AND/524 511102' CG 1$ aancs 1MERLON ARE 4401 YAM 4419417 111'5 9014411.6E ANO OWORAL RAISED MAL OF THE FLd50A L1M4 0 }u6554W 4140 MAPPER VZW SITE #: 610397 VZW SITE NAME: SELVA MARINA 464 MO 3F ATLANTIC SEAD1, FL 32233 OU1AL Cb54111 SEC 17f7194214P 25/1843 291 FEED 60815 PERFORMED 4345 4/2/21 PROPEOLD T10145 verizonvi 4700 E20EFNGE COURT, 5212E 100 60CA 8ATO4, FL 3.5431 (561) 995-5539 1D' SCALP. 1' - SS ORIGINAL 11.AP 512E 11.92' X 17.00' va (D a N sv -nCD n Ort �D IV 4:k 000 n . IOT o T8 a:e. Selva Marina Photo Location Map Legend 47. 914 -mile radius Photo Location Water Tank 4Photo Location 1 .1 r _ . 4/Photo Location 2(n : Water Tannk '' 1' th St , $ $ 4 .Photo Location 3 d'' - t; - ' i... oth°St Google E rthw verizon/ Photo Locations Selva Marina 469 llth Street Atlantic Beach, FL 32233 re f+ OJ T m re n N 0# 0 00 h . OOT JoZ8a ed y,soRI.YG PROFI, verizonvl Monopole Tower Simulation 120 -ft AGL Photo #1 - approx. 215' NW of site Silva Marina 469 llth Street Atlantic Beach, FL 32233 ro 0 -n mto3 cr N 0# 0 00 N h . 00IJO£8abed 4\1 ti/15 verizon" Monopole Tower Simulation 120 -ft AGL Photo #2 - approx. 200' ENE of site Selva Marina 469 llth Street Atlantic Beach, FL 32233 ro 0., T rf r0 ro Er N *k 0 CO n . OOT Jo tib abed verizone Monopole Tower Simulation - Zoomed Selva Marina 120 -ft AGL 469 11th Street Photo #3 - approx. 300' SE of site Atlantic Beach, FL 32233 CPO (D Q v -n (f tD CD iv 4:k 0 00 n . 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 $ v , 4P a'a lYinitasv 0,..„rof Mli il"D"zr 1 air Bk,20.N Nis 11691,pi (pat�A Ifxe>.c tlkFume t1:'zY1QN R _Ct.SYt 111.1,5 0 ti t. 1�dp YLYZ k61: 0.21 ISnda D.m18QURE FEST 1nglally signed by flCsscll 4 Plink uate:znzmu,11 1 z2s.:16 #vu, M ¢YP1%v�v 1 ( 1 1 uicnl.•xuC aCAZ.& Yy {5 aV 111•.W Wb ;tura YwQlciMe YfM OA �fyMlbl KgE1D4. f4FVM'aPP111: CG11.M11Ata.S .1.1[11,11:1ti!081.11a ocwtYAnme- •la1P1w.wp ..•C..++..s.4 tYltiNCtf7tf I1$71r6 Inn ae mm�&s>v.: ui LAM lYwYa Wiw. • 11V••••••,111 gvwa:: • daYd4,14.11.rort.1 K Ma fl i13t .71.1" 1W1P\brii t4N4CS11A1[tG!r� V• �S is eYi'I.Jikiic'In'' K�i� n1T/�� to tt2 Ort-', • x>'n8u&owl 14FiP-.ry421,41,-.Ow lO ID�MK7 n• i . Fi01R. f511 P1874--MNt1tt i1V DN W FyM�brrAfpW U1.ea bre cNR..� SD419.r DOV461.D1 Ti c�r114i �YA� ATLANTIC BLVD GEomAnts salt 1IIF'G— N6 -GPs T II .�= 1a Jai i v1v olsan s vN4Lar Int ].9:449 PY.2 611:ikr'11A1p 111C0121 .. C116D, Rn111 R iFoll W C.MINtfi IlD!OWQRN OA I fi iJA Ial I.N Mill 1 01361031.1 7 Page 93 of 100 Agenda Item #8.D. 14 Feb 2022 ffirismariaariamitia.r., Kik lio t . , I r PROPOSED DRAINAGE EASEMENT AREA 34' 01rE N11'. 34'O,0 24.11V 75 l'GW 40 00' ' WELLS FARGO BANK it= W..44 2L!' 61.01' 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