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05-09-22 Final Agenda City of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, May 9, 2022 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES * 1.A. Approve minutes of the October 11, 2021 Regular Commission meeting. 10-11-21 Draft Minutes - Regular City Commission meeting 5 - 14 2. COURTESY OF FLOOR TO VISITORS 2.A. TIP Presentation (North Florida TPO Staff) North Florida TPO Presentations Link 2.B. Public Works Week Proclamation Public Works Week 15 PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (May - July 2022) 90 Day Calendar (May-July 2022) 17 - 20 3.B. Beaches Access and Neighborhood Parking Beaches Access & Neigborhood Parking 21 - 32 3.C. Lifeguard Station 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4.A. National Safe Boating Week Proclamation (Mayor Glasser) National Safe Boating Week 33 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE Page 1 of 180 Regular City Commission - 09 May 2022 NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Acknowledge receipt of the Building Department Activity Report for FYTD Q2 2022. Building Dept Activity Report 35 - 39 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 22-32 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO HANSON PROFESSIONAL SERVICES FOR DESIGN AND ENGINEERING SERVICES FOR SIDEWALK IMPROVEMENTS ALONG LEVY ROAD FROM MAIN STREET TO MAYPORT ROAD; 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. 22-32 41 - 56 * 8.B. RESOLUTION NO. 22-33 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING LABOR AND MATERIALS COSTS TO DEMOLISH GROUND STORAGE TANK AND PIPING AT WATER TREATMENT PLANT #4, 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. 22-33 57 - 86 8.C. RESOLUTION NO. 22-34 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF THREE (3) HIGH SPEED PUMPS FROM TOM EVANS ENVIRONMENTAL, FOR $174,744.00; 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. 22-34 87 - 96 8.D. RESOLUTION NO. 22-35 ACQUISITION FOR OF TWO SUB-PARCELS TOTALING 0.28 ACRES OF PROPERTY LOCATED AT 1964 AND 1980 FRANCIS AVENUE; AUTHORIZING STAFF TO EXECUTE A PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF $175,000 FOR TWO 97 - 141 Page 2 of 180 Regular City Commission - 09 May 2022 SUB-PARCELS OF PROPERTY LOCATED AT 1964 AND 1980 FRANCIS AVENUE; AND AUTHORIZING THE UTILIZATION OF HALF-CENT DISCRETIONARY (BETTER JAX) SALES TAX PROCEEDS FOR THIS PURPOSE. (This Resolution will be taken out of sequence and taken up after item 10A) Resolution No. 22-35 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 90-22-247, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL, SINGLE-FAMILY (RS-1), RESIDENTIAL, SINGLE-FAMILY (RS-2), RESIDENTIAL, GENERAL, MULTI-FAMILY (RG-M) AND COMMERCIAL GENERAL (CG) TO RESIDENTIAL, GENERAL, MULTI-FAMILY (RG-M); PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 90-22-247 143 - 155 10. MISCELLANEOUS BUSINESS * 10.A. Public Hearings on Waiver Requests 22-0002 and 22-0003: WAIV22-0002 for 1964 Francis Ave. Request for a waiver as permitted by Section 24-190 to waive the provision of a four (4) foot maximum fence height on a corner lot as required by Section 24- 157(c)(1) to build a six (6) foot high fence in the rear yard of the proposed house on the corner side(Simmons Road) of the property in conjunction with the future subdivision of this property and the conveyance of the western portion of the properties associates with Resolution 22-35. WAIV22-0003 for 1964 and 1980 Francis Ave. Request for a waiver as permitted by Section 24-190 in to waive the provision for on-site stormwater retention by 50% as required by Section 24-68 in conjunction with the future subdivision of this property and the conveyance of the western portion of the properties associates with Resolution 22-35. City Attorney Procedural Reminders Waiver Hearing Procedures 157 - 165 Disclosure of Ex Parte Communications, if any Swearing in of all persons who will speak City Staff Overview WAIV22-0002, WAIV22-0003 167 - 180 Applicant Presentation Page 3 of 180 Regular City Commission - 09 May 2022 Public Comments Closing Comments/Rebuttal Commission Deliberation and Action 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 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, Fl orida 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 4 of 180 Regular City Commission October 11, 2021 MINUTES Regular City Commission Meeting Monday, October 11, 2021 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ATTENDANCE: Present:Ellen Glasser, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner - Seat 3 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5 Also Present:Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) 1 APPROVAL OF MINUTES 1A.Approve minutes of the July 17, 2021 Town Hall meeting. 1B.Approve minutes of the May 6, 2021 Commission Workshop. Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. 2 COURTESY OF FLOOR TO VISITORS 2A.Proclamation in Recognition of National Breast Cancer Action Month. Mayor Glasser reported on a meeting she had with local mayors and Councilman Diamond regarding Breast Cancer Action Month and Pink Ribbon Jax's efforts to raise money for mammograms for women who cannot afford to get them. She mentioned the pink flags and lighting outside in honor of Breast Cancer Action Month. PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Page 1 of 10 Agenda Item #1.A. 09 May 2022 Page 5 of 180 Regular City Commission October 11, 2021 Tiffany Bailey spoke regarding a shooting that occurred on Oct. 1 along Dutton Island Road and through her neighborhood at Paradise Preserve. She expressed ongoing safety concerns and requested assistance in protecting the citizens along Dutton Island Road including increased Police presence, additional street lights, and speed bumps. Michael Hoffmann spoke about an email he sent to the Commission regarding an incident he called an aural assault. He referred to a map as he reported seven hours of loud music coming from bass instruments in a shed approximately 375 feet away from his house, during which he had no peace. He requested a remedy for the noise pollution. He also spoke about other impacts to his neighborhood since the flyover was built. Shari Townsend spoke about the need for road improvements in the area of West 9th and Begonia Street and provided photos. Ms. Townsend questioned who she should contact about why it is against the law to park on Rose Street. Mayor Glasser requested that she speak to the police chief regarding parking and explained that staff would follow up with her about her road concerns. Meade Marston-Copeland spoke regarding resiliency and the increase in Florida's population and the effects it will have on water supply. She suggested having a discussion about ways to help conserve water and limit lawn watering. She expressed concerns about those pesticides containing Glyphosate and requested a ban on the use of Glyphosate. Mayor Glasser requested that Chief Gualillo speak to Ms. Bailey and Ms. Townsend. Mayor Glasser closed Courtesy of the Floor to Visitors. 3 CITY MANAGER REPORTS 3A.Accept the 90-Day Calendar CM Corbin reminded everyone about the Town Hall meeting and reported that there is no topic assigned at this time. Responses to Courtesy of the Floor comments: CM Corbin addressed Mr. Hoffmann's noise concern, reporting that he has communicated with the business and it would be resolved. He explained the idea to change the Zoning District and allow a use-by-exception option. CM Corbin addressed Ms. Copeland's concerns, explaining Roundup has been banned from use on City property and there have been discussions about doing zero-scaping type plantings. Mayor Glasser advised that the Environmental Stewardship Committee can look into it. Commissioner Kelly reported St. Johns River Water Management District's efforts to encourage people not to use pesticides or flush grass clippings down the drain. Page 2 of 10 Agenda Item #1.A. 09 May 2022 Page 6 of 180 Regular City Commission October 11, 2021 3B.0 Lily Street CM Corbin reported about his discussion with Mr. Abdullah and him not wanting to negotiate the price down. CM Corbin explained the information contained in the agenda packet. CA Durden informed the Commission that the approved extension of the due diligence period expires on October 15, 2021. She explained the options and requested direction from the Commission on how they would like to proceed. There was discussion about the appraised value, remediation, and the City's offer. CM Durden confirmed that if the City does not terminate the contract prior to 5:00 p.m. on October 15, the contract will go forward and the City will be bound to purchase the property for $290K. Commissioner Norris expressed concerns and was not in favor of purchasing the property unless the price goes to $145 or lower. Commissioner Kelly was not in favor of moving forward with the purchase. Commissioner Bole agreed with Commissioner Norris, noting the purchase does not make sense to the City, and suggested annotating the landfill for future reference. Commissioner Waters spoke against purchasing the property. Mayor Glasser spoke against purchasing the property and agreed with Commissioner Bole's suggestion on documenting the landfill map. There was unanimous Consensus from the Commission to terminate the agreement. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Kelly reported having a great time at the fall festival and thanked staff for their work. Commissioner Norris requested that staff get with Ms. Townsend to see if there is a solution regarding the mailboxes at West 9th and Begonia Street. Commissioner Waters requested clarification on the comments made regarding transients and parking in Dutton Island Preserve. CM Corbin clarified. Mayor Glasser requested an update on COVID numbers from CM Corbin. She spoke about Indigenous People's Day and the history of our area. She reported on Jacksonville City Council's decision to allocate some funds for the Lifeguard Station and explained the need for public Page 3 of 10 Agenda Item #1.A. 09 May 2022 Page 7 of 180 Regular City Commission October 11, 2021 comments for input on what to do with the current iconic structure. She thanked residents for conveying their concerns. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA None. 7 COMMITTEE REPORTS 7A.Environmental Stewardship Committee (ESC) There was no one from the Committee present to report; therefore, this item was rescheduled until the next meeting. 8 ACTION ON RESOLUTIONS 8A.Resolution No. 21-58 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROVIDE FY 2021-22 FUNDING TO DESIGNATED NONPROFIT ORGANIZATIONS FOR ARTS, CULTURE AND RECREATION PROGRAMS AND EVENTS, UTILIZING FUNDS BUDGETED IN ACCOUNT NO. 001-6010-572-82-00; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS AND PURCHASE ORDER(S) IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. Cultural Arts and Recreation Director Timmy Johnson provided information as detailed in the agenda packet and answered questions. Cultural Arts and Recreation Advisory Committee (CARAC) Member Jane Stevens explained the funding distributions and answered questions about Possibilities Plus, New Age Hippy, and Fletcher High School. She explained why Atlantic Beach Elementary was not on the list and answered questions about the application process and tracking the organization's progress. Director Johnson explained the organization's requirements which are noted on the application. MOTION: Adopt Resolution No. 21-58. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Page 4 of 10 Agenda Item #1.A. 09 May 2022 Page 8 of 180 Regular City Commission October 11, 2021 Michael Waters For Candace Kelly (Seconded By)For Brittany Norris (Moved By)For Motion passed 5 to 0. CM Corbin advised that when the Commission addresses user fees, they will need to determine whether or not these organizations receiving grant money should pay user fees. Mayor Glasser reported that she had spoken on behalf of one of the organizations while CARAC was reviewing the applications because the applicant was in the hospital. CA Durden confirmed that it was not a conflict. 8B.Resolution No. 21-59 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2021-17: MULTI-YEAR CONTRACT FOR BEACH CLEANING SERVICES, SUBJECT TO THE PROVISIONS OF THIS RESOLUTION. Mayor Glasser read the Resolution by title. CM Corbin reported on the resolution as detailed in the Agenda Packet. MOTION: Adopt Resolution No. 21-59. Motion: Michael Waters Second: Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters (Moved By)For Candace Kelly (Seconded By)For Brittany Norris For Motion passed 5 to 0. Commissioner Kelly questioned whether the cost of this service is appropriate for the amount of trash being collected on the beach. CM Corbin answered confirmed it was. 8C.Resolution No. 21-60 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2021-18: MULTI-YEAR CONTRACT FOR REPAIR OF ELECTRICAL MOTORS AND PUMPS, SUBJECT TO THE PROVISIONS OF THIS RESOLUTION. Mayor Glasser read the Resolution by title. CM Corbin explained the details of the resolution as detailed in the agenda packet. Page 5 of 10 Agenda Item #1.A. 09 May 2022 Page 9 of 180 Regular City Commission October 11, 2021 MOTION: Adopt Resolution No. 21-60. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By)For Brittany Norris (Moved By)For Motion passed 5 to 0. 8D.Resolution No. 21-63 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF (2) 2022 FORD F-150 REGULAR CAB PICKUP TRUCKS FROM ALAN JAY FLEET SALES FOR $28,566 EACH; 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. Mayor Glasser read the Resolution by title. CM Corbin explained the resolution as detailed in the agenda packet. MOTION: Adopt Resolution No. 21-63. Motion: Brittany Norris Second: Bruce Bole Ellen Glasser For Bruce Bole (Seconded By)For Michael Waters For Candace Kelly For Brittany Norris (Moved By)For Motion passed 5 to 0. 8E.Resolution No. 21-64 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING FLORIDA CITY GOVERNMENT WEEK, OCTOBER 18-24, Page 6 of 10 Agenda Item #1.A. 09 May 2022 Page 10 of 180 Regular City Commission October 11, 2021 2021, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. Mayor Glasser read the Resolution by title. DCM Hogancamp explained the resolution as detailed in the agenda packet. MOTION: Adopt Resolution No. 21-64. Motion: Brittany Norris Second: Candace Kelly Candace Kelly (Seconded By)For Brittany Norris (Moved By)For Ellen Glasser For Bruce Bole For Michael Waters For Motion passed 5 to 0. Mayor Glasser requested that DCM Hogencamp send the resolution to the Florida League of Cities and DCM Hogencamp confirmed that he would. 9 ACTION ON ORDINANCES None. 10 MISCELLANEOUS BUSINESS 10A.Department of Children and Families Licensing and Staff Training Director Johnson presented the slides included in the agenda packet and explained his recommendation to have staff go through DCF training. Commissioner Kelly requested a report on the number of children serviced at each center and believed that the training should be done during work hours. She expressed safety concerns and suggested considering policies relating to emergency drills, accountability, transportation, and discipline plan. Director Johnson answered questions about the ratio of adult to children and the need for additional staffing. Commissioner Norris requested that Director Johnson provide a job description and the cost of an additional person to be hands on with the kids for each community center. She spoke in favor of staff taking DCF training and being paid for it. Discussion ensued about the need to expand the Baker Center. Page 7 of 10 Agenda Item #1.A. 09 May 2022 Page 11 of 180 Regular City Commission October 11, 2021 Director Johnson answered questions about the enrollment process, the various programs, eligibility, and licensing. Mayor Glasser spoke in favor of addressing safety concerns and having procedures for emergency drills, fire drills, van drivers, and proper vehicle maintenance and insurance. Mayor Glasser suggested having a good list of enrollment numbers and evaluating whether additional restrooms should be considered during the budget cycle. Director Johnson answered questions about the various programs and current staffing. 10B.Property to be Declared Surplus CM Corbin explained the surplus property as detailed in the agenda packet. MOTION: Declare the list of property as surplus. Motion: Michael Waters Second: Bruce Bole Ellen Glasser For Bruce Bole (Seconded By)For Michael Waters (Moved By)For Candace Kelly For Brittany Norris For Motion passed 5 to 0. 10C.Report Comparing Buildings in Atlantic Beach with a Seaside (Surfside)-Type Structural Failure Building Official Dan Arlington presented and explained the PowerPoint included in the agenda packet and answered questions. 10D.Board Member Review Committee Chair Appointment (Mayor Glasser) Mayor Glasser explained the need to appoint a Board Member Review Committee Chair and asked who would be interested in serving. Commissioner Norris confirmed her interest in reappointment. MOTION: Reappoint Commissioner Brittany Norris to serve a one-year term as Chairman on the Board Member Review Committee beginning January 1, 2022 and ending December 31, 2022. Page 8 of 10 Agenda Item #1.A. 09 May 2022 Page 12 of 180 Regular City Commission October 11, 2021 Motion: Michael Waters Second: Bruce Bole Ellen Glasser For Bruce Bole (Seconded By)For Michael Waters (Moved By)For Candace Kelly For Brittany Norris For Motion passed 5 to 0. Mayor Glasser thanked Commissioner Norris. Commissioner Norris noted her plan to report back to the Commission about trends and solutions. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Durden reported she has begun working with City Clerk Bartle to determine whether redistricting is needed based on the latest Census tracts and provided an update on the Opioid settlement. She also reported she would draft a termination letter for 0 Lily Street tomorrow. CC Bartle reminded the Commission about the upcoming special-called waiver hearing and noted the agenda for that should be available on Wednesday. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole Advised he has a person to recommend for the Mayor's Advisory Council Reported his representation and attendance at Town Center Agency meetings and his recommendation to have an outline of their plans presented to the Commission. CM Corbin Reported on his efforts to track COVID positivity rates and the effect the rate has on events. Mayor Glasser Advisory Council Reported on the status of names submitted for the Mayor's Advisory Council and her plan to get a geographic distribution of members and bring back a resolution. Reported on Town Center projects. Commissioner Bole spoke about Town Center fundraisers. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:39 PM. Attest: Page 9 of 10 Agenda Item #1.A. 09 May 2022 Page 13 of 180 Regular City Commission October 11, 2021 Donna L. Bartle, City Clerk Ellen Glasser, Mayor Date Approved: _____________________ Page 10 of 10 Agenda Item #1.A. 09 May 2022 Page 14 of 180 i?rutlamatiunof the Qtitp of Qtlantit ?nzatb in Recognition of NA TI 0NAL PUBLIC WORKS WEEK WHEREAS,public works services provided in our community are an integral part of our citizens’everyday lives;and WHEREAS,the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as streets and stormwater,beaches, sanitation,parks and building maintenance,landscape and beauti?cation;and WHEREAS,the health,safety,and comfort of this community greatly depends on these facilities and services;and WHEREAS,the quality and effectiveness of these facilities,as well as their planning, design,and construction,is vitally dependent upon the efforts and skill of public works of?cials; and WHEREAS,the ef?ciency of the quali?ed and dedicated personnel,who staff the public works department,is materially in?uenced by the people's attitude and understanding of the importance of the work they perform;and WHEREAS,this year’s theme “Ready and Resilient”speaks to the essential nature of public works services in support of everyday quality of life. NOW,THEREFORE,I,Ellen Glasser,by virtue of the authority vested in me as Mayor of the City of Atlantic Beach,Florida,do hereby proclaim the week of May 15”‘through May 215‘, 2022 as NATIONAL PUBLIC WORKS WEEK in the City of Atlantic Beach,and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works;and to recognize the IN WITNESS WHEREOF,I havesetmyhandandcausedtheOf?cialSealoftheCityofAtlanticBeachtobeaf?xed this 9”‘day of May,2022.Ellen Glasser,Mayor Agenda Item #2.B.09 May 2022Page 15 of 180 Page 16 of 180 CITY OF ATLANTIC BEACH ; CITY COMMISSION MEETING STAFF REPORT AGENDA ITEIVI:90-Day Calendar for the l\/layor and Commission SUBI\’I[TTEI)BY:Yvonne Calverley,Executive Assistant to the City l'\/ Iana ger‘ /£2 TODAY'S DATE:April 25,2022 IWEETING DATE:I\/lay 9,2022 BACKGROUND:The 90-day calendar is included on the agenda for the pur pos e ofsetting meeting dates and detern?ning the location,time and Whe ther to videotape special meetings and workshops. The rolling 90-day calendar will be revised a?er receiving inp ut from City staff and the Commission,and will be included in ea ch agend a for consideration. Notes: -Annual Board and Committee l\/[ernber Appreciation R e c e pt io i1 willbe held on Thursday,May 26 from 6:30 to 8 pm at the Adel e G1- age Center. -A Town I-Iall l\/leeting is scheduled for Saturday,July 1 fro nu 10am to Noon at the Adele Grage Center. BUDGET:None RECOl\’[l\/IENDATION:Approve the 90-Day Calendar for l\/lay through July 2022. ATTACHNIENT:1)Mayor and Con1rnission 90-Day Calendar (May through July2022) REVIEWED BY CITY MANAGER:i S;..1 ‘Agenda Item #3.A.09 May 2022Page 17 of 180 MAYOR AND COMMISSION May 2022 1‘. 1 2 3 4 5 6 7 Songw?ters Concert 6 pm Special Magistrate Hearing 2 pm 8 9 10 11 Mayor’:Advisory 12 13 14 Council Noon Commission Mtg CARAC Mtg ESC We 5,,bc,,,,,Pension Board 5330Pm 6 pm 5:15 pm 6:30 pm (Invoc-Bole)ESC MW 6 m 15 16 17 18 19 20 21 Community ESC Outreach AC0“5?CNight Development Subcommittee Canine Carnivals 6 pm Board Mtg 6:30 pm 10 am -1 pm (Elm Park)6 pm Veterans Park 22 23 24 25 26 27 28 Commission Mtg Annual Board and 5:30 pm ESC LE1j3D Committee Blood Drive (1nVoc.water5)Subcommittee Member Reception Noon _5 pm Noon (Adele Grage)(City Ha“) 6:30 —8 pm 29 30 31 Memorial Day City Of?ces Closed Agenda Item #3.A.09 May 2022Page 18 of 180 MAYOR AND COMMISSION June 2022 \\1.1>\i-..»n V;IH '.>.\TL l‘.I.7.'\\ Due Date for 6/13 Agenda 5 6 7 S Mayors Advisory 9 10 11 Council Noon S°n8VVme“5 ESC Tree Subcom Concert 6 pm 5:15 am ESC Mtg 6 pm 12 13 14 15 ESC Outreach I6 17 18 Commission Mtg Subcommittee 6:30 pm CARAC Mtg 6:30 pm (Invoc —Kelly)5 Pm Due pm for 6/27 Agenda 19 20 21 22 23 24 25 City Offices Community ESC LEED Closed Development Subcommittee (Juneteenth Day)Board Mtg Noon 6 pm 26 27 28 29 30 ._Commission Mtg Acousuc Night 6:30 pm 6 Pm (Invoc —Norris)Agenda Item #3.A.09 May 2022Page 19 of 180 MAYOR AND COMMISSION July 202 \\|l\\]51 "i 3 4 5 6 T S 9 4"‘of July Special Magistrate City Offices Hearing 2 pm Closed 10 11 12 13 Mayor’s Advisory 14 15 16 Council Noon Songwriters Commission Mtg CARAC Mtg ESC Tree Subcom M:e‘:i‘:“I"1{:)“am Concert 6 pm 6:30 pm 6 pm 5.15 gm 3 (Invoc-Glasser) .(Adele Grage) ESC Mtg 6 pm 17 18 19 COmn“unity 20 21 22 23 Development ESC Outrgach Board Meeting Subcomn-uttee 5 pm 6:30 pm 24»25 26 27 28 29 30 _‘ Commission Mtg ESC LEED Acoustic Night 6:30 pm Subcommittee 5 Pm (Invoc~Bo1e)Noon Agenda Item #3.A.09 May 2022Page 20 of 180 M T V T IZ'6'S Sujwed pooqJoqqSgaN pue ssaaavqaeag H39383!1U9|1VJ°MDAgenda Item #3.B.09 May 2022Page 21 of 180 L|DB3Q xer Ja1ua3 umoi saq3B9E| wed euuE'HAgenda Item #3.B.09 May 2022Page 22 of 180 )|JEd EUUEHAgenda Item #3.B.09 May 2022Page 23 of 180 SzuEaaznnsnmm3.6£3229ms>nmm Agenda Item #3.B.09 May 2022Page 24 of 180 u 8N0u1se5edsezz gvog)ug saaeds 179 S3DVdS 5NI)|2lVd SV03 -1 S33VdS 9Nl)lHVd RN03Agenda Item #3.B.09 May 2022Page 25 of 180 w .3mn__o_mn_;o..mmm_m___>cowxom_..63%Agenda Item #3.B.09 May 2022Page 26 of 180 V54 .....,,.4” mm9101 1212:mmi m we.uau;pue Ipeac: aux on asno/(op '/IEpJmE32 us we 5 Je ueazo an;01 awe:no/I5 Seq?nl-1 KDIBM Away am 'sDpyq /v\31aq);o mesa/\g;o1naK samba;upgqmAmszuapgsaxLpeag axllauosvzrxo;55Buppzdam;an; ‘aszzz s?es ape)amnox,v;name ‘?uwedam;136muop no/I a?ppq M:1eq3_;o 1saA\ax.”no:(;;‘cu znamuedaq smug npraa 9Il!I\uo:>p!“o /nu? .;uaLuu.r:7>;[\1 .3 mg;(:1 guamumg 3 am (31 3 (. saws T +0:5:at ' mam aas"'1I.=d {mm ;o xsaM 101 BuphealN :5 W2 osv9 (101 5UWPd131d)N15 mm;o useszm5“P1J?d)N :5 (101 Burma929:5weuza)N as151F I? zsmEu_r>|:2dpzeu 1no;szn.An:au_|_ 'ZZOZ'1':umewIMVUOL suy?aqweesemmuosper ’uDuEdwed ramAgenda Item #3.B.09 May 2022Page 27 of 180 P199 N 140;:12 s—w6-8 P193 M°N>IJBd A 3U!1Sn3nV'15 Mo|\|>|Jed qum pawnoosga umowmoa /Mmoq /o§'o$ S'W §'0I 1'10‘-l/0S'Z$ smou 5 *1!“-|!l 133115-U0 N N eugpueuxag l.IOQ1E!J]S[3aJ/M331;-A N Ls moq |Euuo[1gppe A qaeaa xer qoea moq/13 smoq z 151;;5; i'lN 9'8 'U!l-llO9 /35 A UMOIUMOCI N K 39:59 Jen/gs A ’ N 3|-'1‘-‘deuueH N "N U-|9Z'['UJ9'IZ'|I ZIS U!|-U OS /13 A 1139999U|'l1d3N saoeds peneu?gsap @ am;—,\ sm 2 Jane am:geuuou av swds @ 391;smoq j Bupped wapgsau 150:)1503 gamu smon 1503 xew 1503 Jmaul/a1e|d ‘ I9|1UUV 19H M ?ed (James uMo1) mass 9 ueuv LUBZI-IUEIIAgenda Item #3.B.09 May 2022Page 28 of 180 ‘W900-‘BO:wd0O-‘S ur.:4sAnM—[o-)u5_uasaoujo suogzmd pamdun an:up Eupmd s;;u;_-1 pm: 7 slum-[D-z.v5,uasap )1:zuqwod pa/ma ' _ 9'eta un Evwndsamsumdaz-3!-sz1:-vo.’ 0Z'8 l'9l 33U3UlP1OAgenda Item #3.B.09 May 2022Page 29 of 180 2115009 ;= «J 3 :3 5 21c:g - E 7%5 5 5 A A =. .2 :A MOB 01 5 peppv 33U9;|5 2 5, '5 5’S ‘E f -:?‘=2 a O i 9-?e-.7z..s.5 ma 5 03 um LLu1oJ;1asuns Eupued auqnd empaonpey. A2MpEOJleans m8L/anus/\v unless an:um)Jemoqs sq)paxeameg. sumedeouodpasesmug. sepgusn named Ane?awpant). :>I_gEn1:IeJgp ozsmen?empus snanunlo/x aanodpau?gssv. sewnneed Euunp a/mag)uaeoouo omenpunoqumos pa]}Lu1'|. mzoq u§[s::guoJ1::aya ua pe)sod. pang amugweg ssmae sumsEug>ued»ou penmsuy. sxeugewos use»peppy. jeans an“;o epgs quou auxuo s.|ao5»u:n:eq :0;seem A)e;es peppy. T ~<msB‘5“‘””'" :)u|'sa1eg::c 3 e?puqmg 65=:Bupped apgqan-paads-mo|/sue:yes pue sxae:e>Lq pappv.—’.4 mad ?umeme pawns.5 9P!S LIUON E/\}||[Q[5[|3axeqs-xsoczuou:>a)u.Id-anus s/(us eu16ugzgpJedaa_f 3 ?ubuedON a f molmm seneds Eupusd ug-und om;pus |a||21Ed ue/xas pa)Eu|uJg|3.u,-E E seJen.ue:>/Csunaaspa||E1su|. G U1 3|?/.1Agenda Item #3.B.09 May 2022Page 30 of 180 elm QZ/09/09 9Ll139 U/V\0U>19!‘3!'~lJ.- >|oo|q qoee uo sp|oqesn.oq ;o 0/6091599112 Lmmuogmed . pezuu-n sg Bug>1Jed1eeJ1s-uo;o 0/cog . eeJe equ,ug5Ul_p[S9JuosJad _ K B’}0‘SL1-.|E::l'.1Slt?,U]‘P9.-l.3}S!59JJOU9.12 S€|O!l..|3A 9SOL|1J.0 SJOLU JO %QZ - 2.129/KJed sqJ,uou1 eugu pue >199/v\ Jed‘s/iep Jno,11see|12 sgseq 6ugo6uo ue uo sepgqe/\eana -;o—J,no UJOJ}||!dS.l9A0Supued 9ABL|J,Sl’1l,U>|oo|q lenuepgsej 9 eeJVé|e11uep1seg ?upued p8||OJ1UOQ L|S]|qBJ,SS 01,JGDJOu]. ‘H ’au!1Sn8nVlU!BS 359:) SUHJECI|E!J,uap!Sa3Agenda Item #3.B.09 May 2022Page 31 of 180 pa1uauJs|dLu| auoz l!UU3d Jaw 91131111) 92153I ‘.5605 umqnraz paZiUEl.j'.1Ll?onJza?auap Suwmaa EEUV ,mnu.vgug.ue:_|an\":qs <:\\Paunmad eaxv 'I 5‘/4 .A V"WW ION E!-‘33!-D Pall!“-‘W15 Uollllad luapgsag paunpuog Apnls 8uI.\1.1ed SMDMJH/“I3 xaw euaun PID|4=+wIH 1°5:109 :H('IL"§3fF1J5ddd3Agenda Item #3.B.09 May 2022Page 32 of 180 i?rutlamatiunof the Qtitp at gtlantit ?nzath in Recognition of National SafeBoating Week WHEREAS,for tens of millions of Americans,boating continues to be a popular recreational activity. From coast to coast,people are taking to the water and enjoying time together boating,sailing,paddling and ?shing;and WHEREAS,safe boating begins with preparation,and,during National Safe Boating Week,the U.S. Coast Guard and its federal,state,and local safe boating partners encourage all boaters to explore and enjoy America’s beautiful waters responsibly;and WHEREAS,human error accounts for most boating accidents,and the Coast Guard estimates that life jackets could prevent more than eight out of every 10 boating fatalities; WHEREAS,through basic boating safety procedures —carrying lifesaving emergency distress and communications equipment,wearing life jackets,attending safe boating courses,participating in free boat safety checks,and staying sober when navigating ~we can help ensure boaters on America’s coastal,inland,and offshore waters stay safe throughout the season;and WHEREAS,National Safe Boating Week is observed to bring attention to important life-saving tips for recreational boaters so that they can have a safer,more fun experience out on the water throughout the year;and WHEREAS,on average,more than 600 people die each year in boating-related accidents in the U.S.; about three—qua1tersof these are fatalities caused by drowning;and WHEREAS,a signi?cant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets. NOW THEREFORE,I,Ellen Glasser,Mayor of the City of Atlantic Beach,Florida,do hereby support the goals of the Safe Boating Campaign and proclaim May 21-27,2022,as and the start of the year-round effort to promote safe boating,and encourage all who boat to practice safeboatinghabitsandwearalifejacketatalltimeswhileboating.IN WITNESS WHEREOF,I have set my hand andcausedtheOf?cial Seal of the City of AtlanticBeachtobeaf?xed this 9”‘day of May,2022.Ellen Glasser,Mayor Agenda Item #4.A.09 May 2022Page 33 of 180 Page 34 of 180 'I\110.l Brno uugmauv yegxawwog Mossaaav1eg:aau:u.m3 uaggppv ]2g:uau.Iu.Io3 Man lagzuamumg u uaulaq UOAWJQIIV|9!W9P!53}l Mossasav leuuamsau uuuwpv leuuamsau Alums-uxnw xa|dnq pa-Jaeuv as/AI!-wasE15-as 68‘36t'Zv9‘6I$sv1s9‘ssu'sv$»o'Iss‘svI$ 0E'Zt7€‘U0'[‘ET$ U6‘U6Z'Z6€’Z$ oo‘o$ ou'aou'oz$ 0U'O00'0OS'I$ UU'Z86‘0t1L$ SV’9L0'9W'9$ £9'vvt’E€9$ o2':uu‘:Is‘z$ uo‘0$ ocros S8‘1’.I8’ZSE’ZI$ IZOZM anle/\ungunusuag 69‘5LD'?EE$ srzv,-s’soz$ uo'9o9’st$ uu'u$ SZ'9tt$ 0D‘089’E$ oo‘ouv'zS sL'sss'us$ nn'vsv/SS SZ’Z'E6"['[$ 00173 was sz‘ote’s£$ QM ZZDZM ‘[101 Id saaj uuuad Eugpuna 0911 95 D ‘E I V?ZLZB 57 V95 SS8 903 nzot 5L6Z §ll!PI!"? UM ZZDZAd TZDZM BHM. pauuopad suu[1:adsu| 1VJ.0.L ssaugsna ma" ?ugqunqg IZ’!“3'l33W |93!JI33I3 pox EV II D U 92 ‘[102 A1! panss|s;gu.|Ja.g (ILA IIDZ M GM ZZDZAd H02 25 CILM 31033}!H V 103011153305 PI EAgenda Item #6.A.09 May 2022Page 35 of 180 <1aH:>vLw A1Iw\1a Mouwanv NOlL\7H3.L1\1 Nomuuv a19MIs/Imwva S).IW}53d‘W10.L 1vI:n4awwo:1 M!N1\1IDl3WWCJ ‘WILNZCIISZH 1vuNa<ns3z1 A‘llWV£'|1‘InW xzuna News I ___,_,,_,_,_,___ imw ,,,,_7 -,____,,,I ,,___,_ .mN~~~°-~_w-|w~_~NA =D==oc cocoa»m~wn.l,,w_m_-,-ma 1 mnag_‘‘$ «mu ‘3 “E3 ‘ cn “1 E «- S ‘ = nan0831201733:2 zvst ZZOZCllkj I IZOZ M I OZOZAzlI 6'EOZA:lI 81302Ad I LIDZAdI 3dAJ.A8 CIEIHSSI S.L||NHE|dAgenda Item #6.A.09 May 2022Page 36 of 180 ,|mHcs~m».$I36.5.8,3mE.§..mo3ms825 A‘l||N\1A 3‘K5JN|S/A'|||N\1i 3‘|9NlS Q3H3VJ_.LV __Im:_:m..E_ 25.2. 8.8 web: 8.8 _ _8.8 _ W3.8_ X3‘|dnG Sec mob:macs ,3.8_ 8.8 8.8 ATlWV3'|J.1?W ,-mx.$I_m IEp?aoc-$x:.m.ac-mm...$.2. Im:_..:N.~m,_,£_~2.~m NOUIGGV 1\7|J_N3C||S3H Im:.m:,3 3m3.§..w: I?_m.uwm.ma I25?... Immommmum 'm-.md.E NO|J.V}§3J.‘IV 'lVlJ.N3GlS3U _ €.w§_.oc_ $.m$.oo u¥.£:_..5 mw?bo_ $_$o.8 «P8 C|3J.D3'|'|O3 S333 .L||NU3d 9N|Cl'||?? /V\3N ’l\1|3M3|N|/‘I03 ZZOZClUdl ‘[ZOZA:1I OZOZMI 6I8[OZA:lI 8'[0Z}dI LIOZHI $3.8.9.:wm.oa mx.§m.8 3.EN...a Im:.$m.8:mm.E:.~m N0|J.V!l3l‘|V '|VI3H3lNWOI) $ma..:.c.a... w:m‘M2_.$ $3.o$.am IEmimmwm $wa.oNm.mo |m§.$:: S333 ‘H1101Agenda Item #6.A.09 May 2022Page 37 of 180 a3H3v1L\1 A‘I|WVJ 3157N|5/A‘l|WVdNouvuanvMENN(JIL\1H2J.‘IV Nuulunv ‘IVIDHZWWOJ '|Vl3M3WlN03 'l\1U.N30IS3M '|Vl.LN3G|S3H 31'.-UNISX!1d?Gnlwva?nnw I$N.w:.w.:.mcImuHuE_Sw.m~Im§uE._:~.ncIm§.=E.acmEIm:_:§:;m I$;$.ocw. S8.8c.oo webs mobs .$.% mace 3.8 3.8 3.8 3E 3.8 3.8 ,3.8 m» IS.wi_m;.d I§§.§..c I«.rmE_S:a ImrSo.$w.om Im~.$m_o8.wa-m?w?woo Imm_wE_=§.G Imm\mw:.m_. I3%.: .8 P3. ,I2.:m.cxm§ Imm_§m.3a.$ Im?m?awt .22.39% Im£.mubS.E m_.$u.SN.3 I$.u$..§_.8 I3_mao.caa.os W3.8_ fm.&m_m:,oa, 3.e§.:§o m~.Em_mE.oc,. 2_w§.3...ec 1£_$SS.¢c I?.$.uLm~.5 zzozuuuu IZUZIHI ozozun aroma:SIOZHI Ltuzui 5.l.|WU3d 50 3n'IV/\N0|J.3nHJ.5NO3 511!/\|}£3d '|VJ.Dl .£w.w:..wwo.E m€,E~.mE..$ mc.Sm_§.§ Im.:...$.§.G, mu_m,omm.mE.$ ImE.§~.Gia Agenda Item #6.A.09 May 2022Page 38 of 180 SSSNISFIE /‘/\3N ..-»~b?fifoam >—‘ Ln 1 9NISWn1d ‘IVDINVHIHW 'lVCJl8J.CJ3'l3 ?D0}I \J>‘ “mg ‘8 3 §1 OWN ‘ °cow ‘ «,3;M cod noS;§‘$““’g8 8°39“D-‘$3ccgoo‘one )5‘gnu»l\J w,mvacn D W‘ >—I 1 "l‘D.. ZZOZ CIJ./HI IZOZ M I OZOZM I SIOZ M I 8102 Ad I [[02 M I 3dA.L A8 ClEIIl\|HO:lElEld SNO|J.3EldSNl 176-EII 9NlG‘[|l'\9 6L6ZESLZSI172‘ wu: Nu:Agenda Item #6.A.09 May 2022Page 39 of 180 Page 40 of 180 CITY OF ATLANTIC BEACH CITY CC)1VIl\’IISSIC)N l\/IEETING STAFF REPORT AGENDA rn:M:Resolution No.2242 authorizing Design and Engineering Services forSidewalk improvements along Levy Road from Main street to Mayport Road SUBIVIITTED BY:Scott Williams,Public Vvorks Director TODAY'S DATE:April 2i.2022 NIEETING DATE:May 9,2022 BACKGROUND:starr received a scope &Fee Proposal from Hanson Professional inthe amount or $39,427.55 to provide professional engineering services to produce plans and opinio n or probable construction cost for sidewalk improvements along Levy Road.The project consists ofreplacin gtheexisting5Footwidesidewalkwithan8rootwidealongthenorthsideoflheroadwayfro m Mainstreet to Mayport Road.Additional improvements will include driveway replacement,pede stria n sarety improvements at the intersection of Levy Road and Main street and drainage improvements. The tasks included in Scope &Fee Proposal include Data Review/Collection,Design and and Construction Administration.Further details are outlined in the Scope &Fee Proposal ( at ta c h e d ) from Hanson Professional services,dated April I8,2022. The City has successfully obtained a Community Development Block Grzlnt in the arnourlt $91, 000 For this project,and currently has $259,000 set aside for the design and construction ofthe project. The city has a Professional Engineering services Agreement with Hanson Professional servi ces, andthis scope of work would be Task Authorization No.RFQ20-0l—HPS—TA#4 under said Agreement. BUDGET:Funding is available in account 300—6D20—S72—6300 under project nulnber “Levy Road Multiuse Path.” RECONINIENDATION:Approve Resolution ‘No.22-32 authorizing sta?rto issue a Task A ut ho riz ati on to Hanson Protessional Services in the amount or $39,427.55 for ?nal plans and opinion or pro bab le costFor sidewalk improvements along Levy Road frorn Main street to Mayport Road as described i thescope& Fee Proposal ?‘orn Hanson Professional Services dated April 18,2022. ATTACHMENT:I)Resolution No.22-32 2)Proposal ?‘on1 Hanson Professional Services dated April 18,2022 3)Executed CDBG contract with CO! 4)Project overview map 5)Project description &l REVIEWED BY CITY MANAGER:4 we 'Agenda Item #8.A.09 May 2022Page 41 of 180 RESOLUTION NO.22-32 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO HANSON PROFESSIONAL SERVICES FOR DESIGN AND ENGINEERING SERVICES FOR SIDEWALK INIPROVEMENTS ALONG LEVY ROAD FROM MAIN STREET TO MAYPORT ROAD;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. WHEREAS,on April 18,2022,staff received a scope and fee proposal from Hanson Professional Services in the amount of $39,427.55 to provide professional design and engineering services to produce plans and an opinion of probable construction cost for sidewalk improvements along Levy Road;and WHEREAS,the project consists of replacing the existing 5 foot wide sidewalk with an 8 foot wide along the north side of the roadway from Main Street to Mayport Road.Additional improvements will include driveway replacement,pedestrian safety improvements at the intersection of Levy Road and Main Street and drainage improvements to accommodate the 8 foot wide sidewalk;and WHEREAS,the City has successfully obtained a Community Development Block Grant in the amount of $91,000 for this project,and currently has $259,000 set aside for the design and construction of the project;and WHEREAS,the City has a Professional Engineering Services Agreement with Hanson Professional Services,and this scope of work would be Task Authorization No.RFQ20—Ol-HPS~TA#4under said agreement; and WHEREAS,funding is available in account 300-6020-572-6300 under project number PR2208 “Levy Road Multiuse Path.” NOW THEREFORE,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.RF Q20-01-HPS-TA#4with Hanson Professional Services in the amount of $39,427.55 to produce plans and an opinion of probable cost for the sidewalk improvementson Levy Road from Main Street to Mayport Road as described in Hanson Professional Services Scope and Fee proposal dated April 18,2022,and; SECTION 2.The City Commission hereby authorizes the City Manager to approve a Purchase Order to Hanson Professional Services in the amount of $39,427.55 for said Task Authorization. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 9"‘day of May,2022. Ellen Glasser,MayorAttest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.A.09 May 2022Page 42 of 180 April 18,2022 Mr.Steve Swann,PE City Engineer City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233 Re:Sidewalk improvements for Levy Road (Final Design) Subject:Scope &Fee Proposal Dear Mr.Swann: Hanson Professional Services (Consultant)is pleased to present our scope of services and fee proposal for this project.This scope of work is to provide professional engineering services for final plans and opinion of probable construction cost for sidewalk improvements along Levy Road to replace the existing 5 foot wide sidewalk with an 8 foot wide sidewalk along the north side of the roadway from Main Street to Mayport Road. General Objective The general objective of this scope is to provide a final design along with an opinion of probable construction cost to replace the sidewalk along the north side of the roadway along Levy Road from Main Street to Mayport Road. Project Description The existing 5 foot wide sidewalk along the north side of the roadway will be replaced with new 8 foot wide sidewalk.The proposed 8 foot sidewalk will begin at the east side of the Main Street intersection and willterminate at the west side of the Mayport Road intersection (approximately 2,100 LF).Additional improvements willinclude driveway replacement and drainage improvements to accommodate the 8 foot wide sidewalk. Scope of Services The Scope of Services for this project involves the following tasks: Phase I —Data Reviewlcollection Survey The survey will be from the NE corner at Main Street to the NW corner of Mayport Road from centerline of pavement to the existing right of way along the north side of Levy Rd. the following:1.The right of way limits for the proposed project limits above.2.Above ground improvements including but not limited to,above groundutilitiessuchaswatermeters/valves,sewer valves,manholes and pipedirectionwithelevation,power poles,Etc.Stormwater and sewer manholes inverts and pipe sizes.Edge of pavements and concrete improvements in the right of way.P9’1of3 Agenda Item #8.A.09 May 2022Page 43 of 180 5.Topography for the project limits within the public right of ways.A minimum of a cross section for every 100’of right of way shall be surveyed to create the project topography. Trees within the project right of way. The Topographic Route Survey shall be mapped in AutoCAD.A survey showing the right of way,topography,and above ground improvements willbe provided at a minimum of a 1"=20'scale plan.Data shall be provided digitally and,(1)signed &sealed black-line plotted hard copies of the data. .".°° Phase II —Design and Permitting Sidewalk Design I Plans Production Design phase services will include the preparation of final construction plans for the new 8 foot wide sidewalk and driveways and drainage impacted by the sidewalk improvements. (a)Sidewalk Design/Analysis.The Consultant will design an 8 foot wide sidewalk to replace the existing 5 foot wide sidewalk.The proposed sidewalk will be located between the northern edge of pavement and existing City right-of-way meandering where possible and will match the existing grade as close as possible to maintain existing drainage patterns. (b)Plans.This effort will include producing plan sheets sufficient for completing a detailed opinion of probable construction cost for the proposed improvements.The index of drawings for the plan set will generally include,but not necessarily be limited to the following: Key Sheet General Notes Typical Section Sidewalk Plan Cross Sections Traffic Control Plan/Notes .Erosion &Sedimentation Control Details G).""l"".U.O.W.> Where applicable,information may be combined on drawing sheets. Geotechnical Services Geotechnical services will not be included as part of this scope of services. Permitting Requirements Permitting services will not be included as part of this scope of services as the planned improvements are expected to be exempt from permitting.if for some reason the project permit the Consultant reserves the right to negotiate the additional effort required topermittheprojectunderaseparatescopeofservices.Project Submittal Requirements100%Design Plans:Five (5)sets of half-sized (11”x 17”)drawings will be furnished totheCityforreviewandcomment.Draft Bid Documents and Project Specifications usingCitystandardformatwillbeincludedinthissubmittal.The plans will be reviewed by the2of3 Agenda Item #8.A.09 May 2022Page 44 of 180 City and written comments will be provided.The City will provide written review comments within two (2)weeks from submittal. Final Signed and Sealed Design Plans:Five (5)sets of half-sized (11”x 17")drawings, Bid Documents,and Project Specifications willbe furnished with agreed upon revisions from the 100%Design Plans incorporated. Utility Coordination The Consultant willcontact the utility owners within the project limits and submit preliminary plans to confirm existing facilities and identify utility impacts anticipated by the proposed improvements.The Consultant willsubmit final plans to confirm/document existing facility relocations to be performed by the utility owners. Meetings Consultant will schedule 100%plan review meeting to discuss review comments and relay any design information necessary to convey the intent of the plans. Time Schedule The schedule willfollow the outline below. Receive NTP Data Collection and Survey Within 45 days after NTP Submit 100%Plans Within 45 days after NTP 100%Review Comments (City)10 days after 100%Plans Submittal 100%Plan Review Meeting Within 10 days after receipt of City Comments Final Plans Submittal Within 30 days after 100%Plan Review Meeting Fee Consultant willcomplete the scope of services described herein for a total lump sum amount of $39,427.55,as detailed in Exhibit A. Phase lll —Construction Administration If Phase lll is authorized by the City,the specific construction administration services to be provided by the Consultant during the period of construction will be negotiated under a separate contract/scope of services. 3of3 Agenda Item #8.A.09 May 2022Page 45 of 180 EXHIBITA CONTRACT FEE SUMMARY LEVY ROAD SIDEWALK MAINSTREET TO MAYPORT ROAD Project Phase Final Design 3.Consultant Name Hanson Professional Services NA 4.Date of Proposal 4/18/2022 Estimated Cost TOTALS 5.Direct Labor Sr.Project Manager $.$1,534.26 Sr.Engineer $72.00 I 12 8 883.08 Engineer $45.00)0 $- Sr.Designer 35 54 00 I 33 $1,756.62 Designer $196 $7,064.64 Clerical $0 $- Total Direct Labor $11,238.60 , 6.Overhead (Combined Fringe Benefit 8.Administrative) Overhead Rate 150%x Total Direct Labor $16,857.90 7.Subtotal:Labor +Overhead (Items 5 &6)$28,096.50 8.Profit:Labor Related Costs Item 7 x 10%$2,809.65 ' “.:iPART:lll7f€0IHERCOSTS 4.4 9.Miscellaneous Direct Costs MISCELLANEOUSDlRECT COSTS SUBTOTAL 10.Subcontracts/Miscellaneous Other (Lump Sum) lME Civil &Surveying,LLC(Surveying Services)$8,400.00 3 _ $- SUBCONTRACTS/MISCELLANEOUSOTHER (LUMP SUM)SUBTOTAL $8,400.00 TOTAL LUMP SUM AMOUNT (Items 5,6,8,9,and 10)$39 427 55 11.Reimbursable Costs (Limiting Amount) TOTALRElMBURSABLECOSTS.,so ,77 .,8 is ,.PARTil\7§:TOTAL AMOUNTOF CONTRACT(Lump Sum plus Reimbursables)(items 5,6,8,9,10,11)$39,427.55 Agenda Item #8.A.09 May 2022Page 46 of 180 PRIME CONSULTANT ESTIMATE OF WORK EFFORT AND FEE 50%PLANS PREPARATION CONSULTANT:Hanson Professional Services PROJECT NAME:LEVYROAD SIDEWALK RFP NUMBER:NA FROM:MAINSTREET TO:MAYPORT ROAD ES'I1MATOR NAME I DATE:Brian McKee,PE 4l18f20?2 PROJECT LENGTH:2,100 l.inea|Feet Sr.Project Manager Sr.Engineer Engineer Sr.Designer Designer Clerical TOTAL SALARY ACTIVITY RATE =s 34.00 RATE =5 77.00 RATE =5 45.00 RATE =5 54.00 RATE =3 36.00 RATE =s 23.00 nouns cosr STAFF LABOR STAFF LABOR STAFF LABOR STAFF LABOR STAFF LABOR STAFF LABOR BY BY HOURS COST HOURS COST HOURS COST HOURS COST HOURS COST HOURS COST ACTIVITY AC'nVlTY General Project Tasks 6 $504.00 0 $—0 $-8 $432.00 l 0 $-0 $-14 5 935,00 Task 1 -Sidewalk Analysis 5 5 483.00 5 5 414.00 0 $-12 5 521.00 92 5 3,312.00 0 5 -115 5 4,330.00 Task 2 -Sidewalk Plans 4 5 348.60 4 5 298.80 0 5 -B 5 448.20 66 5 2,390.40 0 5 —as 5 3,435.00 Task 3 -Drainage Analysis 2 $198.66 2 5 170.23 0 5 -5 5 255.42 38 5 1,362.24 0 5 —47 5 1,935.50 18 5 1,534.26 12 S 883.08 0 $-33 $1,756.62 196 S 7,064.64 0 S -259 S 11,238.60 PROJECT TOTALS 18 $1,534.26 12 S 883.08 0 $—33 $1,756.62 196 $7,064.54 0 $-259 S 11,238.60 Agenda Item #8.A.09 May 2022Page 47 of 180 STAFF HOUR SUMMARY CONSULTANT NAME:Hanson Professional Services PROJECT NAME:LEVY ROAD s|DEwA]_K ESTIMATOR NAME:Bn'an McKee,PE DATE:4/18/2022 TASK l I TOTAL 'lNO.l—'TASKS HOURS COMMENTS General Project Task Totals Vi T ~~ ewalk Analysis -sidewalkwPlans D‘rainag‘;e‘AnalysIs‘A TOTALS:R 259 Agenda Item #8.A.09 May 2022Page 48 of 180 GEN ERAL P ROJECT TAS KS CONSULTANT NAME:Hanson Professional Services PROJECT NAME:Law Rom s|DEvvA|_K ESTIMATOR NAME:Brian McKee,PE nus:4/18/2022 TASK UNITS NO.OF HRS PER TOTAL No,TASKS UNITS UNIT HOURS COMMENTS n.o Geneml Project Tasls 0.1 Public Meeting Pregaration L5 1 o 0 NA 0.2 Public Meeting Attendance/Folluwup L5 1 a 0 NA 0.3 Spec?catinns Package L5 1 3 3 0.4 MonthlyProgress Repurls L5 1 A 4 Proggss Regzrts included with invoicing and initial project setup 0.5 Meelings_(Prcject Manager)L5 1 2 2 See Listing Below 053 Phase Reviews EA 1 2 2 100% TOTALS 14 Agenda Item #8.A.09 May 2022Page 49 of 180 SIDEWALK ANALYSIS CONSULTANT NAME:Hanson Professional Services PROJECT NAME:LEVY ROAD SIDEWALK ESTIMATOR NAME:Brian Md(ee.PE DATE:4/13/2022 1.0 Analysis 1.1 Sidewalk Analysis L5 1 B0 30 Includes hroizontal and venical layaut of Bit sidewalk and drweway replacements 1.2 Design Documentation Report L5 1 O 0 NA 1.3 Project Quanmies L5 1 4 4 1.4 Cost Estimate LS 1 4 4 2 OPCC 1.5 UtilityCoordination L8 1 10 10 1.5 Field Reviews L8 1 4 4 1 @ 2 hrs each and 2 people Analysis Subtotal 102 1.7 QualityAssurance/Quality Cnntral LS “la 5%6 1.8 Supervision LS "la 3%4 1.9 Coordination LS "A 2%3 Analysis Nontechnical Subtotal 13 TOTALS 115 Agenda Item #8.A.09 May 2022Page 50 of 180 SIDEWALK PLANS cousunmr NAME:Hansen Pmfssionai Services PROJECT NAME:LEVY ROAD SIDEWALK ESTIMATDRNAME:Bfi??MDKEG,PE DATE:4/1a/zen TASK unns NO.or HRS PER NO.OF TOTAL No.TASKS uuns UNIT SHEETS HOURS COMMENTS 2.n Plans 2.1 HDHZDHIEIMaster Design FVIE L3 1 2U 0 2D MESQETDesign Fll?SENF 2.2 CFDSSSenior:Master Design File LS 1 12 U 12 MZSXEI’Design File Sen} 2.:Key Sheet sneeq 1 1 1 1 2.4 General Mme:Sheet 1 1 1 1 2.5 Typical Sectiun Sheets snee«1 4 1 4 2.6 Project Layout Sheet 1 I I 1 2.7 Plan Sheets sneem 5 2 5 10 2.3 Pro?le Sheet 1)n u 0 NA (SIDEWALK ELEVATION WILL as CONVEYED av CROSS SECTIONS AND SPOT ELEVATIONS on PLAN) 2.9 Sjnecial Details Sheet o u u 0 NA 2.10 Crass secnnns EA an 0.25 to 15 so 11inlervalsglus driveways and edesueexs 2.11 Traffic Car1trolP|anINnls Sheet 1 s 1 a SIDEWALK CLOSED snsus AND REFERNCE T0 APPLICABLE FDOT STANDARDS FOR LOCATIONS THAT IMPACT TRAVEL LANES 2.12 Erosion a.sediment Central Details Sheet 5 M o 2 WILL BE SHDWN on PLAN SHEETS m TASK 2.7 2.13 UtilityAdjustment 571393 Sheet 5 0.4 D 2 WILL NOTE ON PLAN SHEETS IN TASK 2.7 P|ans Subtotal 20 15 214 Quality Assurance/Qualily comm:LS %511.4 2.15 Supervision Ls %3%3 TOTALS 33 Agenda Item #8.A.09 May 2022Page 51 of 180 DRAINAGE ANALYSIS CONSULTANT NAME‘HEHSDYIProfessional S&I'ViCES PROJECT NAMEi LEVY ROAD SIDEWALK ESTIMATOR NAME‘.Brian McKee,PE DATE!4/18/2022 TASK UNITS NO.OF HRS PER TOTAL N0. TASKS UNITS UN|T HOURS COMMENTS 13 Analysis 1.1 Drainage Analysis L5 1 40 40 Design and analysis for new drainage inlmlmanhiole (D lie pipes if NE comer of Main SK Analyss of SOOLFol swales fol regrading or piping. 1.2 Permit Applications L5 1 1 1 CDDfdil'IiliDl'IID cnn?rm pEl’\'l'IiIexemption 1.3 Field Reviews L3 1 2 1 @ 2 MS Analysis Subtotal 43 1.4 Qualiy Assurancel?ualny Conlrol LS %5*-/.2 1.5 Supervision LS %3%1 1.5 Coordination LS %2°/.1 Analysis Nontechnical Subtotal 4 TOTALS 47 Agenda Item #8.A.09 May 2022Page 52 of 180 MISCELLANEOUS DIRECT COST CONSULTANT NAME:Hanson Professional Services PROJECT NAME:LEW ROAD SIDEWALK ESTIMATOR NAME:Brian McKee,PE DATE:4/18/2022 ITEM DESCRIPTION COMMENTS Drafting Medium:(Original Reproducibles) 0 sets 0 Sheets @ $50.00 Per Sheet= 0 sets 0 Sheets @ $1.00 Per Sheet= Reproduction (Blue Line &Sepias) Blue Line Mylars Photocogv Public Meeting Copies 0 0 50%Plans 0 100%Plans 0 5 Sets plans (20 Sheet Plan Set),Specs and check prints Final Plans 0 5 Sets plans (20 Sheet Plan Set)Specs and check prints Total Sheets Blue Line Sepia Photocopy Travel From:[Consultant Of?ce Location] To Project:#Trips Transport.2 x 23 .$27.60 Field Review To City Of?ces:#Trips Transport.1 x .$13.80 Phase Review Meeting To Other:#Trips Transport.1 x Shipping:$0.00 Other:$0.00 TOTAL MISC DIRECT COSTS Agenda Item #8.A.09 May 2022Page 53 of 180 IME C/VI7 81 St.Augus t? ri1:,itl :te '§"a"‘2" o§§Phon 904 432 9- 775 4 Surveying,LLC ....s. ee.... ..e vicom ww wrr»_]'.'(!}..,t t:-..; April 15”‘,2022 Attn:Brian McKee Subject:Route survey for Levy Road (From A1A to Main street) This is to confirm your request for route surveying services for the subject project starting at the int er se cti on of AZLA and Levy Road in the city of Atlantic Beach,heading west along Levy Rd approximately 2, 100 ’ tothe intersection of Main street.we hereby propose the following services: IIVIE civil &survgying,i.i.c (IIVIE)—surveying 8|Drafting scope of services lME will provide A route survey services For the above mentioned project area.which will include th e followin g: i.The right orway li nits ror the proposed project limits above. Above ground improvements including but not limited to.above ground Lilililies su ch aswater meters/valves,sewer valves,manholes and pipe direction with elevation,power poles.E tc .3.stormwater and sewer manholes inverts and pipe sizes. 4.Edge of paveinents and concrete improvements in the right or way. 5 Topography for the project limits within the public right of ways.A minimum ofa sectionFor every 100’or right or way shall be surveyed to create the project topography. 5.Trees within the project right of way. 7.The Topographic Route survey shall be mapped in AutoCAD.A survey showing t rightofway, topography,and above ground improvements will be provided at a minimum or a l"20'scaleplan. Data shall be provided digitally and,(I)signed &sealed black—!ine plotted hard copies o r thedata. 8.There is a total of'2,100’within the project lirnits that require a route survey,this nulnbar shallbeused to quote thejob on a per foot basis. Price per linear foot ............................................................................................$4/LF Total Price for Route Survey ol'2,l00 feet ............................................. . ............. $8, 400. 00 Payments for services shall be check or credit card paid via online invoice.Payment shall be due an d pay ab|e upon receipt of invoice.In the event of default,it is understood that you are liable for all cost incurred forcollection, which shall include but not limited to Court costs and/or attorney's fees. Thank you forthe opportunity to provide these professional survey services.If there are any questio ns, pleasedo not hesitate to contact me.Please sign this copy and return by email. sincerely. Brandon shugart,PSIVI,Principal The above agreement is hereby acknowledged and ll\/IE Civil and surveying,LLC is authorized toproceed with the above requested work. Signed:Title:Date:Agenda Item #8.A.09 May 2022Page 54 of 180 Atlantic Beach,Florida Engineering Department Proposed LeVy Road Multi-Use Path w\vw.caab.us 994-247-9874 Agenda Item #8.A.09 May 2022Page 55 of 180 Levy Road lV|ult Use Path 4 Expand existing sidewalk to 3 Feet wide between Ivlayport Rd and lvlaln St -Project will connect to Donner Rd lvlultluse path currently under construction 7 Resolve rnlrlor drainage Issues -Provide for pedestrian safety Improvements at Ivlayport Rd and Nlain St Intersection of Ivlayport Rd a.Levy Rd -Current conditions Agenda Item #8.A.09 May 2022Page 56 of 180 AGENDA ITENI: TDDAY’S DATE IVIEETING DATE: SUBIVIITTED BY: SUl\’Il\’IARY: RECOIVIIVIENDATION : BUDGET: ATTACI-Il\’l NTS : CITY MANAGER: CITY OF ATLANTIC BEACH CITY COl\/ll\’IISSION STAFF REPORT Resolution No.22-33 approving the cost for labor a n d mater ialsnecessarytodemolishandremoveexistinggroundstorag e tankand yard piping at VVatei'Treatrnent Plant #4 at 2848 Ivlayport Road April 23,2022 l\/Iay 9,2022 Troy Stephens,Public Utilities Director The Public Utilities Department held a bid opening April20, 2022,for the demo and removal of existing ground storag e tankand tank foundation and all yard piping;and back?lling,and sod replacement at Wate1'Treatment Plant #4. The only company that placed a bid was ERS Corp,in th e amount of$79,000.00. Watei‘Treatment Plant #4 is over 50 years old.The supply well s that ?ll the tank failed,and the tank was in need ofextensive r e h a b work. The tank is no longer needed or useful for our water sy ste m, sothe decision to demo the tank was made. Approve Resolution 22-33 for the labor and materials forERS Corp.for the demo at Water Treatment Plant #4 thetotal budgeted amount of $79,000.00 Adequate funds are available in the Public Utilities Capit alExpensesAccountNo.400~5SO2—533—6300.Project No.P U2 20 S .Resolution No.22-33 .Bid No.2122-O5 frorn ERS Cforp..Demo Plan .Demo Specs Site Photos E/|-hi»-‘Nu-Agenda Item #8.B.09 May 2022Page 57 of 180 RESOLUTION NO.22-33 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, APPROVING LABOR AND MATERIALS COSTS TO DEMOLISH GROUND STORAGE TANK AND PIPING AT WATER TREATMENT PLANT #4,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. WHEREAS,on April 20,2022,staff received a bid from ERS Corp.in the amount of $79,000.00 to provide labor and materials to and equipment necessary to demolish and remove existing ground storage tank and yard piping at Water Treatment Plant #4 at 2848 Mayport Road;and WHEREAS,Water Treatment Plant #4 is over 50 years old.The supply wells that ?ll the tank failed,and the tank was in need of extensive rehab work.The tank is no longer needed or useful for our water system,so the decision to demo the tank was made;and WHEREAS,the city held a bid opening on April 20,2022;and WHEREAS,ERS Corp was the only company to submit a bid;and WHEREAS,funds for this work are budgeted in the infrastructure account 400-5502-533-6300 under project number PU2205. NOW THEREFORE,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 approve a purchase order to ERS Corp.in the amount of $79,000.00,and to otherwise execute contracts in accordance with and as necessary to effectuate the provisions of this resolution and; SECTION 2.Funds are allocated in the FY2l—22 budget for this purpose under the infrastructure Project PU2205. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 9th day of May,2022. Ellen Glasser,Mayor Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.B.09 May 2022Page 58 of 180 City of Atlantic Beach Water Treatment Plant #4 Ground Storage Tank Demolition April 20,2022 Bid 2122-05 Required Documents ERS Corporation XSubmissioninTriplicate—All Documents Insurance ><1><><><><><><><!><!><><!><><><!>< References —3 (W/job description and beginning &end dates) Written Confirmation of Adenda — XAddendum1A&1B Lump Sum Total for WP #4 Ground Storage Tank Demolition $79’000°00 Agenda Item #8.B.09 May 2022Page 59 of 180 CHEIVIICAL FEED RooM (ro REIVIAIN) PUIVI P/CONTROL ROOIVI (TO REIVIAIN) ~s4,oon GAL GROUND STORAGE TANK VVITH l 18"FOUNDATION 4"OVERFLOW$ 4'DRAIN PIPE I- I- I- I- I- I. I- I- I- I- I- I- I- I- I- I- I- I- I- I '— WATER TREATIVIENT NOT To PLANT No.4 CITY OF SCALE DEMoL.T.oN PLAN ATLANTIC BEACH upomoz 2022 Agenda Item #8.B.09 May 2022Page 60 of 180 SECTION 01010 SUMMARY OF WORK PART1 -GENERAL 1.1 -LOCATION OF WORK A.The project site is at the City of Atlantic Beach “Water Treatment Plant No.4”, 2848 Mayport Road,Jacksonville,Florida. 1.2 -DESCRIPTION OF WORK A.The work consists of furnishing all labor,materials and equipment necessary to demolish the existing ground storage tank and yard piping,including but not limited to: 1.Demolition,removal and disposal of all materials, 2.Removal and disposal of ground storage tank foundation, 3.Removal and disposal of above ground piping and underground piping 2”and larger,valves and valve boxes within the perimeter fence as shown, 4.Removal and disposal of piping and valves as shown, 5.Provision and installation of blind flanges,pipe caps and/or plugs at building penetrations and perimeter fence, 6.Provision of a blind flange on the valve at the location shown,complete with necessary thrust restraint on the valve body, 7.Provision of suitable backfill material,including compaction, 8.Provision of all site fine-grading for all areas disturbed by the Contractors’ operations, 9.Provision of sodding/seeding as specified. 1.3 -PREVIOUS STUDIES A.The City of Atlantic Beach has previously performed a paint chip analysis.The results are appended to the contract documents.Contractor shall familiarize themselves with the analysis results and shall take appropriate action(s). 1.4 -CONTRACTOR'S DUTIES A.Except as speci?cally noted,the Contractor shall provide and pay for the following: 1.All labor,materials and equipment. 2.Tools,construction equipment and machinery. 3.Utilities required for construction. 4.Other services and facilities necessary for the proper execution of work completion including incidental items not detailed or called for,but which are required for the 5.All legally required sales,consumer and use taxes.6.All applicable permits,government fees and licenses.1.5 -CONTRACTOR SHALL ALSO BE REQUIRED TO PERFORM THE FOLLOWINGA.Comply with all codes,ordinances,rules,regulations,orders and otherlegalrequirementsofpublicauthoritieswhichbearontheperformanceofworkandthedemolitionofthegroundstoragetank.01010 —Page 1 of 2 rev3/29/21 Agenda Item #8.B.09 May 2022Page 61 of 180 B.Promptly submit written notice to the Engineer of observed variances of Contract Documents from legal requirements;it is not the Contractors responsibility to make certain drawings and speci?cations comply with codes and regulations. C.Enforce strict discipline and good order among employees.Do not employ un?t persons or those not skilled in assigned tasks. 1.6 -WORK SEQUENCE A.Coordinate with Owner.Note that it is anticipated that some work noted on the Plans will be completed prior to ground storage tank demolition.Contractor shall verify with Owner that this work has been completed prior to commencing tank demolition. B.Contractor’s construction schedule will be subject to approval by the Engineer and updated on a bi-weekly basis. C.Notify Engineer and Owner 96 hours (minimum)in advance of removing any facility from service,permanently or temporarily.Removal from service of any facility shall be preapproved by Owner. 1.7 -CONTRACTORS USE OF PREMISES A.Do not unreasonably encumber sites with materials or equipment. B.Assume full responsibility for protection and safekeeping of products stored on premises. C.Move any stored products interfering with operation of Owner. PART 2 -PRODUCTS (NOT APPLICABLE) PART 3 -EXECUTION (NOT APPLlCABLE) END OF SECTION 01010 —Page 2 of 2 rev3/29/21 Agenda Item #8.B.09 May 2022Page 62 of 180 SECTION 02250 GROUND STORAGE TANK DEMOLITION PART1 -GENERAL 1.1 —DESCRIPTION A.The ground storage tank is located at the City of Atlantic Beach "Water Treatment Plant No.4”. B.The work includes demolition and disposal of structural concrete,concrete valve vaults,foundations,structural steel,metals,attachments,appurtenances and piping. C.The limits of work are shown on the project plans. D.Contractor shall cut off and remove underground piping to the limits shown on the plans.Provide suitable mechanical joint cap(s)and/or plug(s)as required at building penetrations. E.Contractor shall remove electrical wiring and conduit to the limits shown on the plans. 1.2 —RELATED WORK A.Section 02936——Grassing,Seeding and Sodding 1.3 -SUBMITTALS A.Demolition and Removal Plan:Not less than ten days prior to starting demolition Work,submit plan for review and approval of demolition and removal Work,including: 1.Equipment proposed for use in demolition operations 2.Demolition sequence 3.Detailed schedule of Work. PART 2 -PRODUCTS 1.Not Used PART 3 -EXECUTION 3.1 -PROTECTION OF SURROUNDING AREAS AND FACILITIES A.Perform demolition and removal Work in manner that prevents damage and injury to property,structures,occupants,the public,and facilities.Do not interfere with use of,and free and safe access to and from,structures and properties. B.In areas where ?ame cutting will be used,special attention shall be given to fire protection.All areas shall be dust free before ?ame cutting will be permitted.Dry C.Repair damage to facilities that are to remain.Any damage to such shallbecorrectedtotheOWNER’S satisfaction at the CONTRACTOR’Sexpense.02250 —Page 1 of 2 3/22/21 Agenda Item #8.B.09 May 2022Page 63 of 180 3.2 —DEMOLITION A.The Contractor shall make his own inspection and assessment of the condition of the tank and yard piping prior to demolition as well as carry out any sampling or testing as necessary. The Contractor shall prepare a demolition plan that details all procedures for demolition of the ground storage tank.The demolition plan shall confirm that the tank has been structurally assessed and that the demolition plan and sequence of demolition will not result in a premature tank structural failure.Plan shall consider the potential for reduced structural integrity as the structure is dismantled and susceptibility of partially dismantled but still standing components from wind effects.Plan should provide the most expeditious dismantling of the structure safely and to minimize the duration of time partially standing structures remain. Methods of disassembly shall be submitted to the Engineer prior to the start of the Work.No explosives will be allowed.Cut sections should be lowered to the ground using a controlled or restrained method to prevent danger to traf?c, persons,or property. .Contractor shall take all precautions during demolition and removal of the tank from the site to minimize chipping or flaking of the paint and deposit of paint particles on Owner's property or adjacent property. .The tank foundation is to be removed completely.Provide suitable back?ll material as required.Provide soil stabilization as required to prevent undermining of adjacent foundations that are not being removed. All tank valve vaults,including those for the tank overflow,shall be removed completely.Provide suitable back?ll material as required. 3.3 —RESTORATION A. C. At the completion of the demolition work,all areas of the site which have been disturbed by Contractor’s operations shall be cleaned of all debris and rubbish. All back?lling required by the demolition shall conform to the following requirements: 1.Material shall classify as SW or SC,or similar material.All fill material shall be free of organics and/or deleterious material. All areas affected by the demolition work shall be solid seeded as speci?ed in Section 02936. END OF SECTION 02250 —Page 2 of 2 3/22/21 Agenda Item #8.B.09 May 2022Page 64 of 180 1.01 SECTION 02610 PIPE AND FITTINGS General A Description of Work:Work under this section consists of furnishing all materials, supplies,equipment,and labor in accordance with the requirements set forth herein and as shown on the drawings for furnishing and installing water mains and appurtenances. .Applicable Codes,Standards and Specifications:The work under this Contract shall be in strict accordance with the following latest codes and standards. 1.Local,county and municipal codes. 2.American Society for Testing and Materials (ASTM). 3.American National Standards Institute (ANSI). 4.American Water Works Association (AWWA). 5.American Association of State Highway and Transportation Officials (AASHTO). 6.Florida Department of Transportation (FDOT). 7.Federal Specifications and Standards. 8.National Sanitation Foundation (NSF). 9.United States Department of Commerce Commercial Standards (CS). 10.All local government rules and regulations. .Submittals 1.Manufacturer’s Data:Prior to delivery,submit manufacturer’s descriptive literature,catalog cut sheets,technical data,and any other necessary information to show the proposed products conform with the Contract Documents. 2.Certifications:The Contractor shall submit a certification from the pipe manufacturer that the pipe and fittings supplied have been inspected at the plant; all lined pipe shall be certified to be holiday free by manufacturer’s independent testing laboratory;and meet all requirements of these specifications.Provide certi?cation that PVC pipe bears NSF seal of approval for potable water pipe. .Materials and Equipment:Unless otherwise specified or shown on the drawings, materials and equipment shall be the standard product of a manufacturer and shall comply with the Contract Documents and applicable standards for such materials or equipment. O2610-Page 1 ofll Agenda Item #8.B.09 May 2022Page 65 of 180 1.02 Contractor shall notify the Owner when the manufacturer’s instructions con?ict with these speci?cations. F.Site Maintenance:The Contractor shall take the necessary steps to prevent objectionable blowing or drifting of dust,sand,or other debris where the construction occurs in residential,commercial,or other developed areas. G.Storage of Materials and Equipment:The Contractor shall provide space for storage of materials and equipment.Pipe strung along roads and right-of-ways shall be placed in a manner that will not endanger or restrict pedestrian or vehicular traffic. H.Open Trench:The amount of open trench shall be limited so that no more than one hundred feet (100’)of open trench in advance of the backfilling operation will remain at the end of the working day.All open trench shall be protected by the Contractor with barriers,warning devices,and traf?c control devices,which shall be kept in the correct position,properly directed,and clearly visible at all times.The barrier, warning,and traffic control devices shall be suitably lighted at all times that vehicular traf?c lights are required. Products A Pipe and Fittings 1.Color Code Requirements a Reclaimed water piping shall be color coded in accordance with 62- 610.469(7)(f)FAC. b.Potable water piping shall be color coded in accordance with 62- 555.320(21)(b)3 FAC. C.For all other usage color shall be Pantone PMS 3415 (green).Buried ductile iron pipe in wastewater usage shall be painted with a PMS 3415 stripe along the top of the pipe parallel to the horizontal centerline of the pipe. 2.Ductile iron Pipe and Fittings for potable and reclaimed water distribution. a Ductile iron pipe shall conform to the requirements of ANSl A21.50/AWWA C150 and ANSI/AWWA C151/A21.51 unless otherwise noted on the plans. Push—on and restrained joint pipe shall have a minimum rated working pressure of one hundred fifty (150)psi.All buried pipe,four inches to twelve inches (4”—12”)shall be Pressure Class 350.Glands for mechanical joints b.Joints1.Mechanical:ANSI/AWWA C111/A21.11.02610~Page 2 of 11 Agenda Item #8.B.09 May 2022Page 66 of 180 2.Flanged:ANSI/AWWA C110/A21.10 and ANSI B16.1,125 lb. 3.Restrained:Acceptable:Loc-Ring restrained joint by American Ductile Iron Pipe Co.,TR FLEX by U.S.Pipe and Foundry Co.,Superlock,Clow Corporation;Megalug. 4.For buried pipe,use mechanical joint.Use restrained joints at all locations where unbalanced reactions occur.Do not use thrust blocks unless speci?cally permitted by the Owner. C.Exterior Coating 1.Buried Pipe:Buried pipe shall have standard manufacturer’s bituminous coating. d.Interior Lining 1.ANSI A 21.4/AWWA C104,cement mortar lining for ductile-iron pipe and fittings for water. e.Fittings:ANSI 21.10/AWWA C110.Minimum pressure rating equal to that of the pipe specified.Lining and coating as hereinbefore specified for ductile iron pipe.Fittings shall be ductile iron.Fittings twelve inches (12”)and smaller shall have a two hundred fifty (250)psi minimum working pressure. Cast iron fittings will not be permitted.End conditions: 1.Mechanical Joints:ANSl21.10/AWWA C110,Table 10.1.All fittings shall be standard weight.Compact fittings (AWWA C153)will be permitted. f Fasteners:Provide studs,bolts,nuts and washers in quantities required to fully assemble all piping and accessories. g.Polyethylene encasement shall conform to the requirements of ANSI/AWWA C105/A21.5-82,where required. .Polyvinyl Chloride Pipe (PVC)and Fittings for Potable and Reclaimed Water Distribution Applications: a Pipe four inches (4”)or larger in diameter shall conform to the requirements as set forth in AWWA C900 with dimension ratio DR 18 and shall bear the NSF seal for potable water pipe.Clean,reworked material generated from the manufacturer’s own pipe production may be used.Pipe shall have cast 02610-Page 3 of 11 Agenda Item #8.B.09 May 2022Page 67 of 180 Pipe smaller than four inches (4”)in diameter shall conform to Commercial Standard CS 256 and ASTM D-2241 and bear the NSF seal for potable water use. 1.Slip Joint PVC Pipe and Fittings:The pipe shall conform with the requirements of ASTM D—1785 for IPS rigid polyvinyl chloride (PVC) plastic pipe,Series 200,SDR 21,with iron pipe outside diameters. Joints:Manufacturer’s standard bell with rubber sealing ring. Fittings:Same as specified for ductile iron pipe. Joint Restraint:At all points of unbalanced reaction,provide restrained joint system suitable for AWWA C900 PVC Pipe.Acceptable:NAPPCO Uni- Flange Series 900,1300 and 1350 as applicable.Concrete thrust blocks will only be approved for special conditions. Nonmetallic Pipe Locating and Marking Tape:Plastic coated,magnetic, highly visibletape with minimum width of two inches (2”).Tape shall be imprinted to indicate “Buried Potable Water Line Below”or “Buried Reclaimed Water Line Below”as appropriate,and submit sample for approval. Provide copper wire continuous on all PVC piping.Wire shall be brought up to top of valve box for access.Provide valve boxes,as required,at intervals not exceeding ?ve hundred feet (500’). .Service Pipe: a Wall thickness:schedule 40 b. C. The material used in the manufacture of the pipe shall be domestically produced rigid polyvinyl chloride (PVC)compound,Type I Grade I,with a Cell Classi?cation of 12454 as defined in ASTM D1784,trade name designation H707 PVC.This compound shall be white or gray in color as specified,and shall be approved by NSF international for use with potable water (NSF Std 61). All belled—end pipe shall have tapered sockets to create an interference-type fit,which meet or exceed the dimensional requirements and the minimum socket length for pressure-type sockets as defined in ASTM D2672.All PVC Schedule 40 pipe must also meet the requirements of NSF Standard 14 and CSA Standard B137.3 rigid PVC pipe for pressure applications,and shall Product marking shall meet the requirements of ASTM D1785 and ASTMD2665asapplicableandshallinclude:the manufacturer’s name (or themanufacturer’s trademark when privately labeled);the nominal02610-Page 4 of 11 Agenda Item #8.B.09 May 2022Page 68 of 180 1.03 pipe size;the material designation code;the pipe schedule and pressure rating in psi for water @ 73°F;the ASTM designation D1785;the ASTM designation D2665 (when dual marked);the independent |aboratory’s seal of approval for potable water usage;and the date and time of manufacture. 5.Miscellaneous Pipe,Fittings,and Accessories. at Execution Threaded Pipe Nipples:Short lengths unless otherwise required.Close lengths shall not be used except with special permission of the Owner.Nipple stock shall be of same material used in connecting pipe and shall conform with material specifications. D.l.P.Couplings:Couplings shall be full-circle,Rockwell,Dresser.Unless otherwise indicated,couplings two inches (2”)and smaller shall be malleable iron and couplings over two inches (2”)shall be castiron. Service Saddles:Body and strap to be constructed of 85-5-5-5 brass alloy per ASTM B-62 AND AWWA C800.Threads shall be AWWA (tapered). Hinge pin shall be silicon bronze joining body and strap.Gasket shall be BUNA~Nrubber per ASTM D2000,80M5,BG506,“O”Ring design.Bolt shall be five—sixteenths inch (5/16”)slotted hex head silicon bronze screw,Saddle shall be Ford Style S90 or equal. PVC Adaptors and Flexible Couplings:Prefabricated polyvinyl joint sealer adapters and couplers as manufactured by Fernco or equal,with stainless steel bands and adjusting screws. A Schedule:Unless indicated or specified otherwise,use PVC pipe for water mains. B.Excavation:The Contractor shall perform all excavation,where required,of every description and of whatever substances encountered to the depths indicated on the drawings or as necessary.This shall include all necessary clearing and grubbing of any foreign substance encountered within the trench area.Excavated material suitable for backfill shall be piled in an orderly manner at a sufficient distance from the trench to prevent slides or cave-ins.All applicable provisions of Section 02200, Earthwork,shall be followed. 1.Protection of Existing Facilities and Utilities:All existing improvements such as pavements,conduit,poles,pipes and other structures,shall be carefully supported and fully protected from injury and,in case of damage,they shall be locations and depths is not guaranteed.The Contractor shall contact the utilitypriortoconstructionandarrangeforthenecessaryassistanceinlocatingandprotectingtheexistingutilities.The02610—Page 5 of 11 Agenda Item #8.B.09 May 2022Page 69 of 180 Contractor shall be responsible for damages to these existing utilities and shall, in case they are damaged,restore them to their original condition. 2.Trench Excavation:The minimum width of the trench shall be equal to the outside diameter of the pipe at the joint plus eight inches (8”)each side of pipe for unsheeted or sheeted trench,with the maximum width of trench,measured at the top of the pipe,not to exceed the outside pipe diameter,plus twenty-four inches (24”),unless othen/vise shown on the drawings.Trench walls shall be maintained vertical from the bottom of the trench to a line measured at the top of the pipe.From the top of the pipe to the surface the trench walls shall be as vertical as possible under soil conditions. No more than one hundred (100)linear feet of trench shall be open in advance of the completed pipe laying operation without prior approval of the Owner.Pipe trenches across roadways and driveways shall be backfilled as soon as pipe is installed.Where,in the opinion of the Owner,adequate detour facilities are not available,no trench shall be left open across a roadway or commercial property or driveway for a period in excess of thirty (30)minutes,or as directed by the governing authority.No trench shall be left open across any roadway or driveway for more than twenty-four (24)hours. 3.Shoring,Sheeting and Bracing:The Contractor shall do all shoring,sheeting,and bracing or provide other approved facilities required to perform and protect the excavation and as necessary for the safety of the public,the employees,and the preservation of existing roads,structures,and other utilities.The top of such sheeting left in place shall be cut off at a minimum elevation of two and one-half feet (2.5’)below finished grade. 4.Pavement Removal:The Contractor shall remove pavement as part of the trench excavation.The material from permanent pavement removal shall be carefully separated from trench excavation material and disposed of by the Contractor as approved by the Owner. 5.Boulder Removal:All rocks,stones,boulders,or concrete having any dimension larger than permitted to be used for backfill in the paragraph entitled "Backfilling” of the speci?cations,shall be removed from the site and disposed of by the Contractor. 6.Disposal of Excess Materials:The Contractor shall dispose of the excavated materials not required or suitable for backfill.All surplus excavated material which is suitable for fill shall become property of the Contractor,and shall be disposed of at the Contractor's expense. conditions are encountered,the excavation shall be increased as directed bytheOwner.The bottom of the excavation shall be brought up to the properexcavationelevationutilizingsuitableandproperlycompactedbackfillmaterial.C.Installation of Water Mains1.Unless othen/vise noted on the drawings or in other sections of this specification,the pipe shall be handled and installed in strict accordance with theO2610—Page 6 of 11 Agenda Item #8.B.09 May 2022Page 70 of 180 manufacturer’s instructions and with the applicable AWWA or ASTM Standards. If a conflict exists between the manufacturer’s instructions and the AWWA or ASTM Standards,the manufacturer’s instructions shall govern. a Ductile Iron Pipe:AWWA C-600 b.Polyvinyl Chloride Pipe:ASCE Manual No.37,ASTM D2774. 2.The Contractor shall use every precaution during construction to protect the pipe against the entry of non-potable water,dirt,wood,small animals,and any other foreign material that would hinder the operation of the pipeline.Where the groundwater elevation is above the bottom of the trench,the Contractor shall provide suitable dewatering equipment.All piping shall be placed in a dry trench unless wet trench installation is approved by the Owner. a Depth of Cover:Unless otherwise shown on the drawings,or othen/vise authorized by the Owner,the pipe shall have a minimum cover of thirty-six inches (36”). b.Connections to Existing Mains:The Contractor shall make connections to existing mains as shown on the drawings.Connections shall be made only after flushing and disinfection of water mains has been completed and arrangements have been completed by the Contractor with the owner of the system and shall be under the system owner’s immediate supervision. D.Backfilling 1.Material:Shall be excavated material,essentially free of organic material, asphaltic concrete,clay,concrete,boulders,and other deleterious material. a Bedding and Pipe Embedment:The material in the bedding,around the pipe and to a depth of one foot (1’)over the pipe shall be sand or a mixture of sand,shell,or crushed rock properly graded and mixed so that fine grain material from the side walls of the trench or backfill above the embedment will not migrate into the backfill material.The backfill shall meet the following limitations: 02610-Page 7 of 11 Agenda Item #8.B.09 May 2022Page 71 of 180 .Ductile Pipe:All material shall pass through a three-fourths inch (%”) square opening laboratory sieve. Plastic Pipe:All material shall pass through a one-half inch (“/2”)inch square opening laboratory sieve for water mains and force mains.All material shall pass through a three-fourths inch (%”)square opening laboratory sieve for gravity sewers. b.Above Pipe Embedment:The material shall be sand or a mixture of sandy material and rock,stone,and shell.Rock,stone,and shell shall pass through a three and one-half inch (3 1/2”)ring. C.Additional Fill:If sufficient suitable backfill material is not available from the excavation,additional fill meeting the above requirements shall be provided by the Contractor. 2.Placing and Compaction a Water Distribution Mains 1.Under Pavement:Where the excavation is made through existing or proposed pavements,including shoulders,curbs,driveways or sidewalks, or where such structures are penetrated by well points,the entire back?ll to the subgrade of the pavement or structures shall be made with predominantly sandy material free from rock,stones,or organic matter, except that rocks passing a three and one-half inch (3 1/2”)ring will be permitted in the backfill between the elevation one foot (1’)above the top of the pipe and the bottom of the pavement subgrade. The entire backfill material,including the material placed around one foot (1’)above the pipe,shall be compacted to a density of not less than ninety-eight percent (98%)of the maximum density,as determined by Modified Proctor (AASHTO T 180).Particular care shall be taken to ensure that the back?ll at the haunch is free from voids and is properly compacted.Compaction by flooding or puddling will be permitted only by written authorization from the Owner. Roads,walks,and driveways consisting of broken stone,gravel,marl, shell,shellrock,or a conglomerate of such materials are not considered as being permanent pavement. ln Areas Not Under Permanent Pavement:Within right-of-ways or other areas where permanent pavement does not exist or is not proposed, marl,shell,shellrock,or conglomerate,the entire back?ll to the subgradeofthepavementorstructuresshallbemadewithpredominantlysandymaterialfreefromrock,stones,02610-Page 8 of 11 Agenda Item #8.B.09 May 2022Page 72 of 180 or organic matter,except that rocks having a dimension of six inches (6”) will be permitted in the backflll between the elevation one foot (1’)above the top of the pipe and one foot (1’)below the surface.Particular care shall be taken to ensure that the back?ll at the haunch is free from voids and is properly compacted.The bedding and embedment shall be compacted to a density of not less than ninety-five percent (95%)of maximum as determined by Modi?ed Proctor (AASHTO T 180).The backfill material above one foot (1’)over the pipe shall be compacted to a density of no less that ninety-eight percent (98%)of the maximum density,as determined by Modified Proctor (AASHTO T 180).Compaction by flooding or puddling will be permitted only by written authorization from the Owner. 3.Miscellaneous:Backfilling around meter boxes,valve boxes,and other structures shall be accomplished in the same manner as the connected pipe.Extreme care shall be used in back?lling and well point holes should be plugged with a concrete slurry,such plugging to be at the expense of the Contractor. 4.Compaction Tests:The Owner may at any time instruct the Contractor to partially excavate a previously backfilled trench or temporarily back?lling of a short section of the trench for the purpose of obtaining measurements of the density of the back?ll.The testing will be paid for by the Contractor.The cost of the partial excavation and restoration of the backfill will be paid by the Contractor.Density tests shall be taken along the pipe.Maximum distance between tests shall be two hundred feet (200’). E.Culvert Removal and Replacement:Culverts,catch basins,and other drainage structures that are removed or damaged during construction shall be replaced with materials and structures equal and similar to those removed or damaged,unless indicated othen/vise.Manhole covers and gratings shall be set at the original elevations unless othen/vise directed. The Contractor shall take precautions against the entry of excavated and other loose material resulting from operations from entering catch basins,culverts,and other drainage structures in the vicinity of the operations.Contractor shall maintain the cleanliness of these drainage structures in a condition equal to that prior to the commencement of operations during the construction.The Contractor shall be responsible for all damage to persons,roads,buildings,vehicles,and other property resulting from the failure of the Contractor to maintain these drainage structures.The cost of removal and replacement of any culverts shall be borne by the Contractor. pay items have been damaged,removed,or disturbed byO2610-Page 9 of 11 Agenda Item #8.B.09 May 2022Page 73 of 180 the Contractor whether deliberately or through failure to carry out the requirements of the Contract Documents,state laws,municipal ordinance or the specific direction of the Owner,or through failure to employ usual and reasonable safeguards,such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before work began within a time frame approved by the Owner. G.Protection:At the end of each workday the mains under construction shall be plugged to prevent the entry of small animals or rodents.Temporary plugs shall be provided for this purpose. H.Testing of Water Mains 1.Leakage Test:Leakage and pressure tests shall be conducted in the presence of the Owner.The Owner will provide a suitable pressure gauge for the test.The Contractor will provide all other necessary apparatus including a pump,flow, measuring device,piping connections,and ?ttings and the necessary labor to conduct the tests.The pressure test shall be of two (2)hours duration.During the pressure test,the pipe being tested shall be maintained at a pressure of not less than one hundred fifty (150)psi for two (2)hours.During the leakage test,the piping being tested shall be maintained at operating pressure.Leakage is defined as the quantity of water added to the pipe being tested during the test period.No pipe installation will be accepted if the leakage exceeds the quantities specified in AWWA C-600,Section 4.2.Visible leakage shall be corrected regardless of total leakage.The Contractor shall submit to the Owner the testing pattern proposed to be followed prior to testing for the Owner’s approval. Flushing of Completed Pipelines:Following the leakage test,each section of completed pipeline shall be as thoroughly flushed as possible.A minimum flow shall be used for flushing that will ensure a velocity in the pipe of two and one- half feet (2.5’)per second.Water required for testing and flushing shall be furnished by the Contractor.The water shall be from a potable water source satisfactory to the Owner. Disinfection of Complete Water Main Pipeline:Following flushing,the Contractor shall disinfect all potable water distribution mains and service lines in accordance with AWWA C601 as follows: Water shall be fed slowly into the system applying sufficient chlorine to produce a dosage in excess of fifty (50)ppm at the farthest point in the system from the point of application.The chlorine solution then shall be retained in the line for a period of twenty-four (24)hours.At the end of this time if a minimum chlorine residual of five (5)ppm is not obtained,the procedure shall be repeated.During by the Contractor 02610—Page 10 of 11 Agenda Item #8.B.09 May 2022Page 74 of 180 at each sample point as shown on the drawings and as directed by the Owner and submitted to the nearest approved bacteriological tests shall be submitted to the Owner for approval.Disinfection shall not be considered satisfactory until laboratory reports are satisfactory to the Department of Health and Rehabilitative Services.New water mains shall not be placed in service until laboratory results and “As-Bui|t”drawings are approved by the Department of Health and Rehabilitative Services. 4.Water for Disinfection,Testing and Flushing:Water required for disinfection, testing,and ?ushing shall be furnished by the Contractor.The water shall be from a potable water source satisfactory to the Owner.The cost of the water shall be included in the unit cost of the pipe and no separate payment will be made for this item. I.Cleanup:The Contractor shall maintain the site of the work in a neat condition.The Contractor shall remove all excess materials,excess excavated materials,and all debris resulting from the operations within a time frame approved by the Owner. END OF SECTlON 02610—Page 11 ofll Agenda Item #8.B.09 May 2022Page 75 of 180 SECTION 02936 GRASSING,SEEDING AND SODDING PART 1-GENERAL 1.1 SCOPE OF WORK A.The work specified in this section consists of establishing a stand of grass within the areas called for and maintaining such areas until completion and ?nal acceptance of the project.The methods specified herein are grassing by seeding and grassing by sodding. 1.2 PREPARATlON OF GROUND A.Final grading and cleaning shall be completed prior to the preparation ofground for grassing.The areas to be grassed shall be scarified or loosened to a depth of at leastsix (6)inches.All areas shall be smooth and free of large clods,roots and other materials which may interfere with the work or future mowing and maintenance operation.No subsequent operations shall be commenced until the Engineer or Owner has approved the condition of prepared areas. B.All areas either noted on the plans or with slopes steeper than 5:1 horizontal to vertical ratio shall be sodded. PART 2 -PRODUCTS 2.1 FERTILIZER A.Commercial fertilizer shall be spread uniformly over the area to be grassed by machine spreading at the rate of 20 pounds per 1,000 square feet.Immediately after the fertilizer is spread,it shall be raked and thoroughly mixed with the soil to a depth of approximately two inches.The fertilizer shall be designated 8-8-8 which has a chemical analysis as follows: 1.Total nitrogen not less than 8% 2.Available phosphoric acid not less than 8% 3.Water-soluble potash not less than 8% B.All fertilizer shall comply with state laws and regulations and shall be fully labeled atthe time of delivery to the job site. 2.2 SEED MIXTURE 1.Unless other types of seed are called for,seed shall be a mixture of 20 parts ofhulledBermudaseedand80partsArgentinaBahiaseedthoroughlydrymixedimmediatelybeforesowing.Seed which has become wet or moldy shall not beused.The Bahia seed shall be scarified seed,having a minimum activegerminationof40percentandatotalgerminationof85percent.During the period,October 15 to February 15,rye grass seed shall be added and thoroughly dry02936-Page 1 of4 Agenda Item #8.B.09 May 2022Page 76 of 180 mixed with the regular mixture at the rate of 20 pounds rye seed per 100 pounds of regular seed mixture. B.Certi?cation of Seed 1.All seed shall meet the requirements of the State Department of Agriculture and Consumer Services and all applicable state and local laws.The Contractor shall submit to the Engineer a certification tag for each type of seed used prior to sowing of seed.The certification tag shall have the following information: a.Grass Type and Variety b.Percent of inert Matter c.Germination Percentage d.Percent of Weed Seed 2.3 SOD A.Unless a particular type of sod is called for,sod may be either centipede or St.Augustine grass,at the Contractor’s option except in FDOT right-of-way where Bermuda sod shall be used.It shall be well matted with roots.Where sodding will adjoin,or be in sufficiently close proximity to private lawns other types of sod may be used if desired by the affected property owners and approved by the Engineer. A.The sod shall be taken up in commercial-size rectangles,preferably 12-inch by24— inch or larger,except where 6-inch strip sodding is called for.The sod shall be sufficiently thick to secure a dense stand of live grass.The sod shall be live,fresh, and uninjured,at the time of planting.It shall have a soil mat of suf?cient thickness adhering firmly to the roots to withstand all necessary handling.It shall be reasonably free of weeds and other grasses.It shall be planted as soon as possible after being dug and shall be shaded and kept moist from the time it is dug until it is planted.The sources of the sod may be inspected and approved by the engineer prior to being cut for use in the work.After approval,the area from which the sod is to be harvested shall be closely mowed and raked as necessary to remove excessive top growth and debris. B.Approved devices,such as sod cutters,shall be used for cutting the sod and due care shall be exercised to retain the native root soil intact. PART 3 -EXECUTION 3.1 GRASSING BY SEEDING 1.Placement of Seeda.Seeding shall be done immediately after fertilizing,while the soil is stilllooseandmoist.The seed shall be scattered uniformly over the area to begrassedbyamechanicalhandspreaderorotherapprovedtypeof02936-Page 2 of4 Agenda Item #8.B.09 May 2022Page 77 of 180 spreader.The rate of spreading shall be 5 pounds per 1,000 square feet unless otherwise designated. 2.Mulch a.Immediately after completion of seeding,dry mulch shall be uniformly applied over the seeded area approximately two (2)inches,loose thickness.The mulch shall then be cut uniformly into the soil so as to produce a loose mulched thickness of three (3)to four (4)inches and rolled with a cultipacker,traffic roller or other suitable equipment.The mulch shall consist of oat,rye or wheat straw or of pangola,peanut,coastal Bermuda or Bahia grass hay.Other types of mulch may be used only when approved by the Engineer.After seeding and mulching is completed,the entire area shall be watered so as to provide optimum growth conditions for establishment of the grass. 3.2 GRASSlNG BY SODDING A.When called for in the plans and special conditions,grass sod shall be furnished and placed in the areas to be grassed and shall be maintained to assure a healthy stand of grass. 1.Placement of Sod a.Sod shall be incorporated into the project at the earliest practical time in the life of the contract.No sod which has been cut for more than 72 hours shall be used unless specifically authorized by the Engineer after his careful inspection thereof.Any sod which is not planted within 24 hours after cutting shall be stacked in an approved manner and maintained properly moistened. i.Sodding shall not be performed when weather and soil conditions are,in the Engineer’s opinion,unsuitable for proper results. ii.The sod shall be placed on the prepared surface,with edges in close contact,and shall be firmly and smoothly embedded by light tamping with appropriate tools or rolled with approved rollers. iii.Where sodding is used in drainage ditches,the setting of the pieces shall be staggered,such as to avoid a continuous seam along the line of flow.Along the edges of such staggered areas the offsets of individual strips shall not exceed six (6)inches.In order to prevent erosion caused by vertical edges at the outer limits,the outer pieces shall be tamped so as to produce a featheredge effect. through the sod blocks into firm earth,at suitable intervals.Anypiecesofsodwhich,after placing,show an appearance of extremedrynessshallberemovedfromthework.2.Certification of Sodding Materials02936-Page 3 of 4 Agenda Item #8.B.09 May 2022Page 78 of 180 a.The Contractor shall comply with all current restrictions in regard to movement of sod,into or within areas which are outside of QUARANTINE BOUNDARIES for the white fringed beetle and the imported fire ant,as issued by the Division of Plant industry,Florida Department of Agriculture and the Animal and Plant Health Inspection Service,United States Department of Agriculture.Prior to placement of sod,the Contractor shall submit to the Engineer a certification tag from each type of sod used stating the type and variety of sod and the date of cutting. 3.3 WATERING OF GRASSED AREAS A.The grassed areas shall be watered for the duration of the contract so as to provide optimum growth conditions for the establishment of the grass.In no case,however,shall the period of maintaining such moisture be less than two weeks after planting.The water used may be obtained from any approved spring,pond,lake,stream or municipal water system.The water shall be free of excess and harmful chemicals,acids,alkalies,or any substance which might be harmful to plant growth or obnoxious to traffic.Salt water SHALL NOT be used.The Contractor shall make all arrangements for obtaining and transporting water to the job site. 3.4 MAINTENANCE OF GRASSED AREAS A.The Contractor shall,at his expense,maintain the planted areas in a satisfactory condition until final acceptance of the project.Such maintenance shall include the ?lling, leveling,and repairing of any washed or eroded areas,as may be necessary.The Engineer,at any time,may require replanting of any areas in which the establishment of the grass stand does not appear to be developing satisfactorily.if a planted area must be replanted due to the Contractor’s negligence,carelessness,or failure to provide routine maintenance of such area,such replacement shall be at the Contractor’s expense.If replanting is necessary due to the factors determined to be beyond the control of the Contractor,payment for the replacement will be made under the appropriate contract pay items. END OF SECTION 02936 -Page 4 of 4 Agenda Item #8.B.09 May 2022Page 79 of 180 City of Atlantic Beach Water Treatment Plant No.4 ‘1 ..u§§L..as! m rm?"Norltheaét Corner of Site W‘ Chemical Feed Room from Northwest page 1 Agenda Item #8.B.09 May 2022Page 80 of 180 City of Atlantic Beach Water Treatment Plant No.4 Wells on East a of Purnp Ruarn frorn the North Page 2 Agenda Item #8.B.09 May 2022Page 81 of 180 City of Atlantic Beach Water Treatment Plant No.4 on East Side of Purrlp Roorn frorrl the South VVTP No.4 Ground Storage Tank Page 3 Agenda Item #8.B.09 May 2022Page 82 of 180 City of Atlantic Beach Water Treatment Plant No.4 nd storae Ta nk Vard Plping Adjacent :6 East sici f C-3ro>ui'Iristorage“1'ank ‘ Page 4 Agenda Item #8.B.09 May 2022Page 83 of 180 City of Atlantic Beach Water Treatment Plant No.4 .,L E t 5d of Gnd Sorage anYar{>1 ng Adjacent Page 5 Agenda Item #8.B.09 May 2022Page 84 of 180 Jo auaunuJqauapeu oneey Dr Mayporl /Q,lRd Renault D}?enauh Dr!’ ?iuneexDr 2760-5 Mayppn Ap tJ9£Z Regulus or u]srun?au Pioneer DY Renau It Dr E ’2843 Maypon‘.Rd, Jack vi?e,FL 32233‘: .~_s,r,_ Pioneer Dr PioneeéDr 2365-1 Maypon Ap Pioneer Of Nca..Ia Auaqs NNSherryDr Agenda Item #8.B.09 May 2022Page 85 of 180 232.1 FL-I01 Ja-:k5orMiYe,Hcrida 1 Agenda Item #8.B.09 May 2022Page 86 of 180 AGENDA ITENI: TC)I)AY’S DATE: MEETING DATE: SUBl\/IITTEI)BY: SUIVINIARY: RECOl\/IIVIENDATION: BUDGET: ATTACHMENTS : CITY MANAGER: CITY OF ATLANTIC BEACH CITY COIVIIVIISSION STAFF REPORT Resolution No.22-34 authorizing the purchase ofthree (3)Peer less Model High Speed Pumps for upgrades to Water Treatment Plant #1. April 25,2022 May 9,2022 Troy Stephens,Public Utilities director The upgrades to Vvater Treatrnent Plant #1 include replacing th e curr entpurnpswithhigherspeedrnotorpun1psbasedonspeci?cations fr o mCollinsEngineering. The City did not solicit competitive bids,as Torn Evans is the source vendor for Peerless Pumps. Commission approve Resolution No.22-34 authorizing t purc haseofthree(3)Peerless Pumps in the amount of$1 74’744400I Adequate funds are available in the Public Utilities Fund Account No. 400—S502—S33—6300,for Project #PU21 10 1 .Resolution No.22-34 2‘Quote frorn Tom Evans Environrnental 3.Sole source letter 4.Pump Room Picture S4 VVTI’#1 Site View _<a”;u,_5;..»1.=,,A Agenda Item #8.C.09 May 2022Page 87 of 180 RESOLUTION NO.22-34 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE PURCHASE OF THREE (3)HIGH SPEED PUMPS FROM TOM EVANS ENVIRONMENTAL,FOR $174,744.00; 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. WHEREAS,the City is making upgrades to Water Treatment Plant #1;and WHEREAS,the City must purchase higher speed pumps based on speci?cations of the upgrade from Collins Engineering;and WHEREAS,Tom Evans Environmental is the Sole Source Provider;and WHEREAS,funds are available in the Public Utilities Fund for this purpose in the infrastructure account 400~5502-533-6300 under project number PU2l 10. NOW THEREFORE,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 approve the purchase of three (3)Peerless high service pumps from Tom Evans Environmental for $174,744.00. Section 2.The City Commission hereby appropriates funds from City’s Public Utilities Fund for this purpose. Section 3.The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution; Section 5.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 9”‘day of May,2022. Ellen Glasser,Mayor Donna L.Baitle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.C.09 May 2022Page 88 of 180 s ENVIRONMENTAL 3200 rugmune Dnve,Suite :02 Lakeland,Florida 33311 (ass)619-J78‘)(F)(353)5194095 (F) r.e®Komevans.:om 1-o Troy Stephens cuy of Auannc Beach 992 Assisi Lane Atlantic Beach.FL 3223: tst.e|>hens®<oah.us 904-538-4503 s.-uppmc. METHOD Included SALES reason Torn Evans pxonucr at SAE14 q...........p-2......xv.....‘7aan£ua:us n............................s........a..........................................w...n...0.............x...................................4..................,......,...............Ap<(I1|<nlAy ................. i(SD< .......».y. 2...........................w1II1’nn\av...Ewvlmnmlnlal..................................-my .........._W...-........ QUOTE Quma NO. DATE :xn=uu1-non nan: PROJECT NAME LOCATION smppma 1-sans FOB.Factor)’ DESCRIPTION .............. .....«...,, 22»042éaTERE\II April 26,2022 May 26,2.321 Rzulacement H5P‘s any or Atlanuc Beach :s1-mu-ran: LEAD run: 30 Weeks SAE14 Horizontal Spllt Case Pumps Per attached de(a|Ied scope ov ........y ........ . ........n... PAYMENT -reams NetsoDays TOTAL5174,744.00 (lessapplicilz?es-lesux).............,.......................,...................,»......~...,..... ....«....9......«..........,»..,.....,...,....¢.9........anyM»............<......-.,.................ax».Ac!.o A-vs lmm .......ry win»my ..................so damn ..........,.....subjezl ...,............/:2.9...........bcfnn .4.........unpnla .... .... . . . . . . . ... ... . a......-..........¢uvorv..............y.-.............s upon 7....2......:..................-..........................-5 s..........r...........c.7...m......5....ca.............................v.«..... ...,....l€VVEl?... . . . . . . . . ..... ... ..m..........:.........« ...........»«y .............,......wrillrvn .7,...m.........came-Mr. 5 .=.....under)!-nd .»... .........».a.....1.....................y.M.....p................................................... ........». .......whjeu .....v...... 1..............................>........,........ THANK You FOR YOUR BUSINESS] 7....5....=...,...............mg...2..........w:y......:op.»n.......y :.u.....u......«...........»u........o«...1;:-an ...u......n.In cnvlwymmvx ............. .- .... ..Agenda Item #8.C.09 May 2022Page 89 of 180 Peerless Expres s 22.1.0 Scope of Supply .=.o.ee name Allanllc Beach H§P Guclla Number /.0 1?43B _’c..e.e...e,’ Tom Evans em.mm..e;.e;..me.1/Toes./Stages SAE14 ;. Tag Number ’urn "’' Flow.ratad 1_5ouys§pm ' Cuslumar rel,,PO '’.—;me.ea;.e.3.eee I pressure.159 o n ralerl 7 __ ’'’s,.e;reTee_ _ 1750 tom 7’_ Grand Total $174.744.oo _ Leee Time Total neecnpuen 3 SAE14 Scopa er Supply ‘seepe Pump Typa Pump Typa:New Furnp scope of Supply‘CurrIpl3|o Unll (Pump.Molar.Base.Cplg and Grd) General sump conezrueuon Materials Pump Malena Bronze Filled Hnnz Nlclunl Pump Rotation‘Clockwise (Right Hand) ceelng:CI Casing Assembly 125m/1251::ANSI Flanges Gaskelsz Hardware &splil Flange Gasket Var cesmg In-unener canngureuon:Slandard nmpener Melerlel;Nvckla Alum.Biz Impallsr with mlegral mngs Casing Ring Melerle Bronze ces-ng Rings snen Canligura Ion:slngne Row Oulboard aeanng snen Malerlal:ow (RH)snarl A 316ss,slngle Haw ounmere Beering Shall sleeve Meuenel:31$ss Shah sleeves (sen g Lubrlcallon:Standard Grease Lumlcalea Ball Bearings searing Prculsclla slngle Row Outboard/Inboard Brgs wnn sna up seals coaung,Standard Blue Enamel Sea!a(Paeklng Construction Seal Opllons seen Type:Mechanical see:Melenel:Crane Type 21 Much Seal 225“F Max BF5o1o1cl1 Ceramxc seal (Se!or 2) see:PIpIng:MscI1an|ca4 see:Flush Piping —um:sm sleel Meunung Pans aese A.ceupllng Ollllans Base:Fabrlcalsd sleel Drip mm Ease Coupllng Type .5 Size:Fem.Slaelllex sueenand.ID7oT1u Coupling Guard:ANS|B15.1 Coupllng Guard.Steel Mme.»Drlver Motor Type sue Vallag Baa -aeo VOII,:3 phase rum EVANS ENVIRONMENYAL mo 7 azuo FLIGHTLINE cmlvs suns r/3o2-LAKELAND,FL 3351 1 Agenda Item #8.C.09 May 2022Page 90 of 180 Peerless Express22,1... _3eacvi.-.-iia Tesllng a.Carnlinallon Fvciduct caruncarione -- oiy Daacvlpnori 2 iviemr Drlver Meier Type Nlular Enclosure:rzrc Nlular Ellimency.NEMA Premium Motor Phase:Three Phase 5 clal Meier Frame s ze Con?gured Mo|or 75 hp 365T Frame IBDD m=M -o - cry Deacripiion ___ Materials 3 Stainless Steel lasleners lor moior.guard.anu pump Purnp dasleners cranes and rappeci inlc ma ease with no sh-ms A n y shimsneedIope Stainless sreei Acushlrns. ceai ’r\1erior oi cese.exlsrbor 0!case.and Bxlcirinr er ease with Scomhkole 1:4.coier IS eraan.Mask an anans.eeexe,I l i.nee.andno caa rigs on iaareners. spec.ei li-npeller Polish spare Paris, -2.gasket sels Var eeeh pump (6 required) -2—bearing sels ror each pump (6 required)‘ -2—sets of 4::21 rnechamcal seals «or each pump.carpan /ceramie/EPDM -2 tubes or Falk LTG -2 sels ol Falk T—1O Coupling Cover Gaskals lor ma selected cpupung Phimps cenece DyriaLIle HT synihellc graasa -n buarings :-nsss Pui-rip Hardware Please quote mach sea:wm.inside eeai used wrm spam.ceramic.carbon EOM siaanieee Sieel iiuen nnee msxauea aner coallng and aeaammy, Bass 3.coupiing Dpllnns Rexnord.orange.mngao,paiyuremane,cnupling guard /cover Fabricalad "on channel drip rim paee with ralsed rnachinzid pump ena rriolor rriourillrig pads,mmeci Hal and parauei.nu! inverier duly,75 HP,ism:i=i>M_i=rem.um Elllclericy.TEFC,par!31 .3 Part 3:1,with shcirl cumrnercval les|s.space healers andmarmesiaie N/C.coro Duly Epoxy rno|or coanng,-ax aeceaaary Cnnduil box 2):NEMA power wire box sizu w r.graunaing my in m e bo x. grounded rarer,eieciriceuy lsola|sd hearings.special paianee,ssc use 3‘power canrlull corineclion Product caruueauens Factory lass:aiignmam w||rI repori.pr r lo sh pmenl (Pre—a gnrnsn|io preveni boll bind at site) Qly Desuvlpllnn :Test opuons:us H I Non-wnneéaa Pariermanee Tesl —Hyd Ins 1a.e Unilateral Grace 1U Certllled Yes!Fiepori Cerillled Test Dara Heporr ev Paroermanpa Tasi (Each pump; eueranreea Pump El?cisncy Guaranreeo Ell ency vaiue:a1 Molcir Non Overloading:Maior Nameplate Hydrostatic Teen,Nuri—VVi|nessed Hyarosieuc Tesl Drawings 5\al'\UEfgGIII'16I'ISIDFIBIrpI’II:IIrB|'I size larmal —laclury generaiea TOM EVANS EN\/|R()NMENTAL INC »azou FLIGHTLINE DRIVE SUITE »aoz~LAKELAND.FL 3331 1 Agenda Item #8.C.09 May 2022Page 91 of 180 Fearless Express22.1.0 NSF 61 .,..ema..ona._ga;sca}ciNamepIale (Subject .0 laclory valnialion .1.design and Oly Dsscnp an 3 Freighl Included Inccnltarrns 2020:EXW Named Place 7 Laser Allgnmenl agu gxanup by Turn _Evans_sr_._ TOM EVANS ENVIRONMENTAL INC 3200 FLKSHTLINE DRIVE SUITE /Iaozv LAKELAND,FL 3331 I Agenda Item #8.C.09 May 2022Page 92 of 180 i Fearless Expras s 22.10 Pu 1|)Perforwuance Curve Pal1urrnanca|:a.5c?nn|a .,,.......yon...“up...suuu) Fa?armanoo curvu rnpralanli lyploal parlur|11an€a.V\/nan 1...“.unly nu design now and um:Eva .....m.....a.comm Inclary my atldlllunn r a q u lr a we :3 75 ‘6 50s E 25 - o 250 225 am 175 I a:153 13 125 Q) I 1m: 75 en 25 u .=,0 5;(um»... anE0 F x o 200 «no can see moo 1,200 1.400 neon 1.acm zoom 2200 2.-um 2.auD ‘Flow -USgprn cusiar?éi Turn Evans 'Env'II-anmsnxal me.I>§aTIE:s§Model -SAE14 Customer ref.I PO Slagas :1 Tag Number 001 Speed.rated :1750 1pm Ssrvlcs 1500 @ 150-Based on curve number ~6AE14-I750 Rev.1uLv2021 Ouanllly 3 Eihciency .save as Ounle Number 1 ID 1 asuss Rated power (based on duly nulru)-70.7 nu ‘Dale Last saved 22 Apr 2022 397 PM Max power (nan-ovarlnadlng).74.1 hp Flow.raled .1,500 Usgpn-I NFSH requ\red .10.4 n {Dlllerenlla|head /:150.0 u Visecsuly ~LOO I:P jpressure.raled Flow-I (I-1599'“) Fluld ?anslly.tater:I max -1.000 I 1.000 se Cq/Ch(CeICn [ANSIIHI 9.s.7—zo1o]Loo/1. 00 1 Loo/1on Thrust.mum (Hal) 1-om EVANS ENVIRONMENTAL we -azoo FLIGHTLINE DRIVE SUITE :r3oz~LAKELAND.FL 3331 1 Agenda Item #8.C.09 May 2022Page 93 of 180 PEERLESS PUACP‘ Praise:name cemmtesteneu nepresentettve customer cuezemer rel.I PO Quula Number I ID Dale last saved ;Torn Evans Environmenlal.Inc. Reference : cuemmer Atlantic Beach HSP Tag Numeer Servlca :Turn Evans Erwtrenmemat.tvtecet tnc,Quantity ,Quoled By (Salas omce) :1154438 Quu\ed By (sales Engineer) :22 Apr 2022 am?PM Corlalrucllnn Molar lnlonvrIuI|orI Nozzle stze Nezzte Canllgurallcn Pos'n Manuracrurey suctten a 125.:ANSI -Frame stze Dteenarge s 125.9 ANSI FGWQ, Orienlallurt I cenvtgurexton Rulatlon wear Fling Con?auratton |mpe|Isr canttguretien Sha?cenngurattan sump Damn (fest) Beatvlrtg Fvame Bearing Fvama Foul seertng T)/De (Ftauiatrrhruet) searing Lutmcetton Thrust Beavlrlg tnrermeeaace tsearme Lower eeartng aeermc Houslna Accessories Fearless Pump Meaet saeeplere.Coupllng,ana Guard Easaplale Drip Part Coupllrtg Guard seat a FackIrI9 henerruerten seattr-9 Mslhud seen Meteriat F-eektng Gland Lanlerrv HIHQ Redrculallun Llnes Wnlghls (Approtn) Pump Baseplale Driver Esllmaled sntpning Gross VVevgh| .Hertzentet suttzcese Ingls Stage RPM.Clockwlse E,,c.;.§..,.3.Integral Operaling Power Supply.Slandatrd E?tclsncy Stngle Raw Oulbuard Bearing saw,“Fame, Motor APPl|t2t[on Molar Options I Accessories Calalug Numeer Mnterlala CaseStandardGreaseLubricatedBall aeartnge 'tatng.Oastng tmpetter Impeller wear nine tmpetter Key Gaskel.ceemg ceattng 6AE14 ~arenze F Ilad Hertz Mount.Mecr-entcet wtm ct Casma Assembly 1 25Ib/125Ib ANS| F'“"9°‘Pump Shall -Fabricated steet one mm taese Shave -Llns Shark.Falk.Sleelllex sreettsrta C°,,_,n,, ;ANSI B15.I couptmg Guard.S|eal D,scha,w mpg otscnerge Elbnw Mecha cal Suction EnzcrwcraneType21Machseat225-F su,,,,.a,,, Max BFSDIOIO1 Ceramic Seal (Se!Hamwam °'2’O-rings 'Pump coetmg .Mecne at seen Flush 1a»a Sin steet :550 lb 245 lb :0 lb ;ase lb Construction Dalasheel Fae ries : Expvass22.13 cm 1500 e 150- SAE14 3 TOM EVANS EN VI RO NM EN TA L :Tom Evans N/A 365T on ma 1st:to rpm ot::t= 460/3/ED Premium ,N/A :Cl oaetng Asser t-tety 125lhI125I bANSIFlanges :em.-tze caetng Htr tga;Nickle Alum.tmpette r wl|l’I Integral Rings tntegret ens Stainless veeeteete F|ber sraneara etue E na m et .cw (RH)srtatt —316 55. strtgte new outeoara 315 ss snan (sec) Slartdarcl atue E na m el Agenda Item #8.C.09 May 2022Page 94 of 180 Peerless Express 22.1 .0 General Arrangement Drawing xPvojec1name I Atlantic Beach HSP Tag Number 2 D01 Commissioned _._, Remsema?ve .semee .1500 @ 150 ‘cuslomsr :Tam Evans Environmental.Inc.Model :SAE14 ‘Customer rel.I PD :Quantity of pumps :3 Quake Number!ID :1154435 Quoted By (Sales O?ioe):TOM EVANS ENVIRONMENTALINC Date last saved 1 22 Apr 2022 6:07 PM Quoted By (Sales Engineer):Tom Evans ‘m.s was com.aw unauax mcn-mu mm mm-m.=u<n mm».mm and mu.1 llnunumulmn-nnhnu cuuphng llm?nl 751201 sow-ma mu...)urgnnrumn be «mum lnlzllwg bzv-n-nlyo?nxrbdatmn mm».M nanny in mm Pump Qwlllalny..,,mg.u.m.n nnmu mesa mw .-a cwcxws:tau-4*:&—swan-ss mn.a~an new on u.~v .m mu sun on Yuma:—-.-I vi-«r v msmmcc runs:oIs:>m1nr rum A ;f " NOT —r:curu>m mu» gm cum V ..s-«mm ...ms _E 1.. Units Frame CF 5 w x Y‘!z c DM no HD HM HO HR HT HX MN HA HE HE IHCTIES 355T 31 25 9 17,5 14.5 15 9.5 35 9 65.5 15 27 29 6 0.25 7.75 15.25 23 50 T3 5|lO1i0n size 3 H1.Suction "EH56 125 lb ANSI Base Furnished V95 HF HF‘HP Discharge size 5 m Discharge flange 125 lb ANSI Rala?on u 24 s FVUW ‘L500USQDITV Fl?i?COIGWaler Impeller D'!a?\8K8l 13.60 in EHCIOSUFE N/A Service F3010!N/A TDH 150.0 N TBITID 63 F PUMDSpeed 1750 RPM POWBF 0 HD Elearical SPEC 3/450/50 PumpWe|ght|650|bs |MolorWeigm\ulbs 1 Baseweighl |225lbs ]cauplingweigm 1 zalbs \Tutalweight |B98Ibs Agenda Item #8.C.09 May 2022Page 95 of 180 A pril 26.2022 Troy Stephens,Public Utilities Director City of Atlantic Beach 902 Assis Lane Jacksonv IE.Florida 32233 Re:Sole Source Municipal Product Representation —Peerless Pump Dear Mr.Stephens, Please accept this letter as formal noti?cation to (he City of Atlantic Beach that Evans Environmental,by contract is the sole supplier for Peerless Pump products for peninsular Florid a'smunicipal(Water Utility)market and is exclusive to your account. The statement above applies to Peerless Pump product lines including vertical turbine, submersible vertical turbine,horizontal split case and end suction pumps. Please contact Tom Evans Environmental at the following address for all your pum pingneedswhichincludespumps.parts.factory reconditioning,and service. Torn Evans Environmental 3200 Flightline Dr. Lakeland.FL 33811 Phone’863.619.3789 le@lornevans.ccIg1 Respectfully. 7}Zc'aée 77{c%.«g4£ Mike NIcGaugh Regional Sales Manager—South East us Peerless Pump Company Go:Tom Evans Environmental .Agenda Item #8.C.09 May 2022Page 96 of 180 (TlT\'()I7 ATLANTIC BEACH CITY (:()lVIIVIlSSI()lV l\’[EETlN(; STAITF IIEPOIKT A(IFINI)A ITER/I:Resolution No.22-35 (Accluisilioll For of l\vo sub— parcels totaling 0 28 a ‘es orpropeny located at 1964 and 1980 l Avenue; authorizing stari‘to execute a purchase and sale agree ment inthe amount ot‘$17s,0o0 for two suh—parcels of property lo c at e d at1964 and 1980 Francis Avenue;and authorizing the utilizati on ofhalf- cent discretionary (Better lax)sales tax proceeds for purpos e) SUBMITTED BY:Steve swan.City Engineer Amanda Aske\~_Director or Planning and Community l ) c 2022 PRIORITY linvironrncntal Leadership:validate C()AB‘s commitmen t to resiliency,sustainability and the environment TODAY’S DATE:April 28,2022 MEETING DATE:May 9,2022 The City orAtlantic Beach has demonstrated a commitment to improving stormwatcr m a n a g e m e nt and reduce the incidence of ?ooding throughout the cornrnurlity,including the poorly pcrf orrn ing stormwater management infrastructure located in the drainage basin encompassed byDutton Island Road,Francis Avenue,Mayport Road and Donner Road.This drainage basin iscorrl n1or lly referred to as the Stanley Road basin.The two sub—parcels proposed for acquisition locate d in this bas n and are integral cornponenls olithe drainageway serving this basin.Acquisiti on ofthese two sub-parcels will connect an existing city—ownecl parcel in the drainageway that c u r r e n t l y has limited access.This will allow to nproveinenls to he made to all three properties res ulti ng in iinproved neighborhood Flood protection.Staff presented the proposed Francis Aven ue Drainag eAcquisitiontocornn?ssion in l\/[arch of 2021 . Drainage issues have been well docuwlentersl in this area and are identi?ed in the Ci t)/ ‘s 2018 Slorrnwater Nlaster Plan Update as a drainage priority area.Most ofthis area was devel oped before modern storn1\.vater regulations were in place,and the City‘s storrnwaler syste m wasnot constructed with enough storage or hydraulic capacity to handle the runoff The exis ting 15-inch stormwat -pipe running from]stanlcy Road to Donner Road is under zed for the am ou nt ofHow in the en tnageway,which causes water to backup and pond in low—lying areas up str ea m. This causes residential property to flood and hazardous roadway conditions. The two sub—pat-cels proposed for acquisition,in conjunction with existing city—owt-led parc el will ilnproved to provide additional storxnwatel storage upstrealn ofthe Stanley Road stonn vvate r pipe. along with other public ilnprovelnenls to tat:tau:ilTI[)r0V6ITl6l1l of the entirety ol‘th e storl rlwat crsysteminthisarea.These improvements will complement the anticipated project enla rge the undersized l5~inch slorn1\vater culvert that runs from-t Stanley Road to Donner Road.Th e project Agenda Item #8.D.09 May 2022Page 97 of 180 lo upsizc lhc !S—ino.:h slorniwvat culvert has not been funded yct.l—lo»\/ever.city ::|zIIT I1 2i \'e applied for several grants to assist in eilori. approvillg the City‘s acquisition uftwu sub-put-cels totaling 0.28 acres of property lo c at e d at1964 and I 980 Francis Avenue:authorizing sla1Tto execute a purchase and sale agrcelnenl itheaniount of $17S_()0O for l\vo S b—pz|I'cL:ls of properly localed at 1964 and 1980 Frantsis /\ \/ c n u c : and aulhoi zing the utilization ulihalllcent discretionary (Boiler Jax)sales tax proceeds F or thi s purpose BU IIGICT: RI£C()l\’ll\/IENDATION : ATTACHIVIENTS: $l7S_OO(1 Frorn the Half—Cent Dis fund rctionary (Better Jax ) Sale s Tax /\ppruve Resolution No.22-35 to gl'arn the (.‘ity‘s acquis ition uftwo su|)—parcels totaling 028 acres of properly located at andI980 Francis Avenue;authorizing staff‘to execute a purcha se andsale agreernent in Ihe arnounl of $|7S.OOO for Ivvo s u b cl‘of property located at 1964 and 1980 Francis /\venue;an d auth oriz ingtheutilizationofhalf~cenl discrclionary (Better J a x ) saleslax proceeds For this purpose. Purchase and Sale Agrecrnenl I\/[arch 2021 Francis Avenue I.)rainage Acqui Coinxnission ion pt- ese ntat io nto REVIEWED BY CITY MANAGER:Agenda Item #8.D.09 May 2022Page 98 of 180 DRAFT3/31/2022 PURCHASEAND SALEAGREEMENT THIS PURCHASEAND SALEAGREEMENT (”Agreement”)is hereby made and entered into by and between DUTTON ISLAND PSL,LLC,a Florida limited liability company and CAPE CHARLESCDL,LLC,a Florida limited liability company (collectively,"Se||er”),and THE CITY OF ATLANTIC BEACH,a Florida municipality ("Buyer"and/or"City"hereafter),effective as of the "Effective Date"(as defined hereafter). RECITALS A.Seller owns or controls all that certain real property situate within Atlantic Beach,Florida,being generally addressed as 1964 and 1980 Francis Avenue,RE Parcel No.172168-0000 and No.172171-0000, respectively,all as more particularly described on Exhibit "A”,attached hereto and made a part hereof (the ”Property”),with a conceptual site plan delineating the approximate boundaries and other information relative to the Property as shown on Exhibit "B",dated February 8,2022,attached hereto and made a part hereof,solely for illustrative and reference purposes ("Conceptual Site Plan”);and B.Buyer owns a parcel adjacent to a portion of the Property,being identified by Duval Tax l.D.No. 172168-9500 (the “City Parcel”),and described in the last deed being recorded at Official Records Book 7972,Page 706,public records of Duval County,for which there is presently limited access,and Buyer desires to obtain better access to permit additional beneficial use of the City Parcel;and C.Buyer topublicaccessandtrail areas,and other public improvements within its incorporate,regulatoryboundaries,and for such purposes,Buyer desires to purchase from Seller two separate sub-parcels of thePropertyinfeesimple(Lots 5 and 10 as shown on the Conceptual Site Plan)and to also obtain an exclusive01505505-2 Page I 1 Agenda Item #8.D.09 May 2022Page 99 of 180 DRAFT3/31/2022 easement for drainage and other public purposes over the western twenty feet (20’)of Lots 6,7,8 and 9 as shown on the Conceptual Site Plan (the ”Easement Parcel”)(Lots 5 and 10 and the Easement Parcel collectively,the ”Subject Parcels”),each as shown on the Conceptual Site Plan,and as more particularly described as Lot 5 &Lot 10 and 20'Unobstructed Exclusive Easement as delineated on the proposed Lambo’s Place Unit 1 Replat and Lambo’s Place Unit 2 Replat described in Exhibit ”C”attached hereto and made a part hereof (the "Proposed Replats“),and with an acceptable draft form of the dedication, adoption and reservation language forthe Proposed Replats attached as Exhibit "D",Dedication,Adoption and Reservation language for the Proposed Replats and made a part hereof (the "Dedication Language"); and D.Seller desires to re—develop the remaining portions of the Property (hereinafter the ”Seller’s Development Parcels”)with four (4)structures containing a total of eight (8)townhome units on eight (8)lots (the ”Project”),all as generally shown on the Conceptual Site Plan,and has determined to its reasonable satisfaction (subject to the terms of this Agreement)that all current federal,state,district, county and city regulatory standards applicable to such Project can be met at the present time,provided that Seller submits all appropriate applications to the City to authorize the Project,including without limitation,a waiver application pursuant to Section 24-190,Code of Ordinances,two re—platapplications, and that the City issues such approvals for the Project in accordance with the procedures and requirements set forth in its Code of Ordinances and lawfully permits Seller to:1)accommodate the first fifty percent (50%)of its on—sitestormwater retention requirements for the Project as required by Section 24-68,Code of Ordinances,on the applicable Seller's Development tofiftypercent(50%)to drain to Lot 5 for Lots 1 through 4 and to drain to Lot 10 for Lots 6 through 9 asshownontheConceptualSitePlanasBuyerinitssolediscretionmaydeemappropriate;and,2)installandmaintainfencingtoamaximumheightofsixfeet(6')on Lot 9 along the eastern boundary of the01606605-2 Page I 2 Agenda Item #8.D.09 May 2022Page 100 of 180 DRAFT 3/31/2022 Easement Parcel to its southern terminus,and from such point may continue at same height running easterly to a point coincidental with the rear wall plane of the townhome structure delineated on the Conceptual Site Plan,and to same height from such point running northerly to connect into the townhome at its rear/sidecorner;and, E.Seller and Buyer wish to consummate the above—referenced sale and purchase of the Subject Parcels,and to otherwise initiate and facilitate a plan to redevelop the Property for the Project pursuant to the Proposed Replats and Conceptual Site Plan which will allow for beneficial use of lands within the City and provide increased,measurable benefit to the Buyer and Seller,all as outlined in the recitations hereinabove;notwithstanding,Seller and Buyer understand,acknowledge and agree:that all terms and conditions of this Agreement are true conditions subsequent to the Effective Date hereof and conditions precedent to the obligation of the Buyer and Seller to consummate the transaction contemplated in this Agreement;and further,Seller understands,acknowledges and agrees that Buyer does not,by this Agreement,bind itself:to make any certain finding or determination;to provide approval or allowance; or,in any other way to contract away its police powers,where such findings or approvals or allowable negotiation will be made if at all only following proper notice and hearing pursuant to such process as is generally provided by law,ordinance and regulation for same,and Seller agrees this Agreement cannot form the basis for any "reliance"or expectation of approval on its part relative to such conditions/contingencies. NOW,THEREFORE,in consideration of the mutual promises and covenantsgoodandvaluableconsideration,the receipt and sufficiency of which are all hereby acknowledged byeachofthepartieshereto,the parties agree as follows:01606605-2 Page I 3 Agenda Item #8.D.09 May 2022Page 101 of 180 DRAFT 3/31/2022 1.Recitals.The recitals set forth above are true and correct and made a part ofthis Agreement as if set forth herein. 2.Purchase Price.The purchase price for the Subject Parcels shall be One Hundred Seventy—Five Thousand and No/100Dollars ($175,000.00)(”Purchase Price”). 3.Payment of Deposits and Purchase Price.The Purchase Price for the Subject Parcels shall be payable by Buyer as follows: 016066051 Within five (5)business days of the "Effective Date"(defined hereafter),Buyer shall deposit with the "Escrow Agent"(defined hereafter)the sum of Five Thousand Dollars ($5,000.00)(the "Deposit"). Additional payment of $170,000.00 to be paid at Closing,subject to offset relative to responsibility for or credit from closing costs,prorations or other costs between Buyer and Seller as set forth in more detail hereafter. The Deposit shall be fully refundable to Buyer prior to the expiration ofthe "Due Diligence Period" defined hereafter.Upon expiration (to include any mutually agreeable extension periods),in the event Buyer has not terminated this Agreement as permitted herein,the Deposit shall be non- refundable except upon the default ofthe Seller hereunder or as provided in this Agreement. a.Title.Within fifteen (15)days after the Effective Date,Seller obtain atexpense,and deliver to Buyer a title insurance commitment for the Subject Parcels to issue anALTAOwner's Title Insurance Policy in the amount of the Purchase Price,naming the Buyer as theproposedinsured(the "Title Commitment”),including all endorsements,if any,required by BuyerPage|4 Agenda Item #8.D.09 May 2022Page 102 of 180 01606605-2 DRAFT3/31/2022 and shall also deliver to Buyer a copy of any existing survey in its possession (the ”|nitia|Survey”), and legible copies of all documents pertaining to exceptions noted in the Title Commitment or the Initial Survey.The Title Commitment shall show good,marketable and insurable fee simple title to the Subject Parcels vested in Seller,subject only to liens,encumbrances,exceptions and qualifications which:(i)will not render title unmarketable according to applicable Florida law;(ii) will not in Buyer's reasonable judgment,interfere with or impair Buyer's intended use of the Subject Parcels or are otherwise acceptable to Buyer;(iii)are permitted by the provisions of this Agreement;or (iv)are capable of discharge or release and are actually discharged or released by Seller at or before Closing..Buyer may obtain a new staked survey (”Final Survey”)at its own cost and expense should it desire same and in such case may require that such Final Survey be used by the Escrow Agent and title insurer associated with the issuance of the Title Commitment and Title Policy. Objections.Buyer shall provide written notices of its objections to the matters disclosed in the Title Commitment,to the Initial Survey and to the Final Survey should Buyer obtain one to Seller within ten (10)days from the receipt of the later of the Initial Survey,the signed Title Commitment and the FinalSurvey (if the Final Survey is obtained within twenty five (25)days from the Effective Date by Buyer),which notice shall specifically delineate the matters which are not acceptable to Buyer (each a "Title Objection”and collectively ”Title Objections”).If Buyer timely provides its notice of Title Objections,Seller shall use reasonable effort to cure such Title Objections and provide Buyer notice thereof within five (5)days after Seller's receipt of Buyer's notice of Title Objections (”Cure Period”)lf Seller does notCurePeriod,Seller shall notify Buyer in writing (”Se|ler’s Notice”)within three (3)days after theCurePeriodexpires,of any Buyer's Title Objections which Seller is unable or unwilling to satisfy.Buyer shall have the right,on or before five (5)days after receiving Seller's Notice to elect eitherPageI5 Agenda Item #8.D.09 May 2022Page 103 of 180 DRAFT3/31/2022 to (i)terminate this Agreement,in which event this Agreement and the rights,duties and obligations of the parties hereunder shall terminate (except for the obligation to return the Deposit to Buyer and the indemnity obligations of Seller and Buyer contained herein,which shall survive any such termination),or (ii)purchase the Subject Parcels subject to the Title Objections. Nothing herein shall require the Seller to incur any costs (including without limitation any attorneys fees)in making reasonable efforts to cure Buyer's Title Objections,except Seller shall be obligated to bond or pay to remove any liens placed on the Subject Parcels prior to the Closing. if Buyer elects to continue to Closing,any matter which Seller elects not to cure or is unable to cure shall be included as a Permitted Title Exception. Examination of Subject Parcels.For the benefit of the Buyer,within three (3)days of the Effective Date hereof,Seller shall provide to Buyer copies of any and all soil reports or Phase l or Phase ll Environmental Surveys and any other investigative assessments regarding the Property which are within the possession or control of the Seller.Buyer shall have thirty (30)days after the Effective Date (”Due Diligence Period”) in which to confirm the physical condition of the Subject Parcels,review the contents of any document relating thereto and to conduct any studies and inspections it deems necessary.During such Due Diligence Period and thereafter as long as this Agreement shall remain in force,Buyer and its agents will be provided access to the Subject Parcels to make soil tests,engineering studies and feasibility studies as it shall determine advisable,provided that Buyer shall give Seller not less than 48 hours advance notice prior to performing such inspections or testing.Buyer holds Seller harmless from any damage or liability arising to Seller or the Subject Parcels or Property as ainspection,subject to the limitations of section 768.28,Fla.Stat.If,within the Due Diligence Period,Buyer determines,in its sole discretion that it does not wish to proceed with the purchase contemplatedhereinforanyreason,Buyer may terminate this Agreement by written notice to Seller,whereupon all01606605-2 Page I 6 Agenda Item #8.D.09 May 2022Page 104 of 180 DRAFT3/31/2022 Deposits and monies paid to Seller or Escrow Agent herein shall be returned forthwith to Buyer.Should no such inspections be performed or written notice of termination be received by Seller,the Buyer shall be deemed to have accepted the physical condition of the Subject Parcels and no further contingency allowed on this basis.Further,if the Agreement is terminated hereunder,Buyer shall promptly restore the Subject Parcels to their respective original conditions where any boring,drilling or other testing has altered same.Should Buyer terminate hereunder,Seller shall withdraw the applications for replats of the Property as described in Section 6.b.hereof and Buyer shall refund to Seller the application fee paid to Buyer for said replats. Conditions to Closing.For the benefit of Seller and Buyer,the "Closing Date"defined hereafter,and the obligation of each to buy and sell pursuant to this Agreement,shall be conditioned upon the occurrence and/orsatisfaction of each ofthe following conditions unless the parties otherwise waive same in writing: a.The Atlantic Beach City Commission shall have approved the entry into this Agreement and shall have executed same pursuant to proper law and process. b.The Atlantic Beach City Commission shall have approved a waiver application submitted pursuant to Section 24-190 to permit Seller to:1)accommodate the first fifty percent (50%)of its on—site stormwater retention requirements for the Project as required by Section 24-68,Code of Ordinances,on the applicable Seller's Development Parcel and to authorize the remaining fifty percent (50%)to drain to Lot 5 for Lots 1 through 4 and to drain to Lot 10 for Lots 6 through 9 as shown on the Conceptual Site Plan as the City in its sole discretion may2)install and maintain fencing to a maximum height of six feet (6')on Lot 9 along the easternboundaryoftheEasementParceltoitssouthernterminus,and from such point may continue atsameheightrunningeasterlytoapointcoincidentalwiththerearwallplaneofthetownhome01606605»:Page 17 Agenda Item #8.D.09 May 2022Page 105 of 180 01606605-2 DRAFT3/31/2022 structure delineated on the Conceptual Site Plan,and from such point running northerly to connect into the townhome at its rear/sidecorner. Upon submittal of complete applications for two (2)replats of the Property generally as shown on the Conceptual Site Plan,and on the Proposed Replats,the Atlantic Beach City Commission shall have approved two separate replats for the Property including the Subject Parcels,which replats allow for the subdivision of the Property (less Lots 5 and 10)into eight (8)lots.City agrees that Seller shall be charged (or be reimbursed as a credit at the Closing for)only one replat application review fee. Following approval and recordation in the public records of Duval County,Florida ofthe Proposed Replats (in final approved form)referenced in (c)above,and following the submittal to Buyer of a complete request (including without limitation a final site plan)for a zoning confirmation letter describing the Project,as reflected in accordance with said replats,the City of Atlantic Beach, through its Community Planning and Development Director,in accordance with the City's Code of Ordinances,shall have issued a zoning confirmation letter to the Seller stating that the Project, as reflected in accordance with the replats,may be developed on the Seller's Development Parcels,and that the Project,as reflected in accordance with the replats,is in compliance with standards for density,minimum lot area,lot width and lot depth,setback and impervious ratio standards for the primary structures,but subject to final construction and survey,and all other requirements of building code,law,ordinance and regulation of the City and other permitting authority not specifically addressed by the zoning confirmation letter. Further,the letter shall confirm that Seller may place walkways pavers,subject tosurfaceCoderequirements,within the southern seven—and-a—halffoot (7.5‘)area of the existingfifteenfootwidedrainageeasementshownontheConceptualSitePlanandonLot6oftheProposedReplat(Unit 2),and may place HVAC equipment within the southern 2.5‘feet of saidPagel8 Agenda Item #8.D.09 May 2022Page 106 of 180 DRAFT3/31/2022 drainage easement area,provided Seller has confirmed on the Proposed Replat (Unit 2)in accord with the Dedication Language that,upon request of Buyer,Seller shall,within twenty (20)days of any request,remove any such placed improvements at its sole cost and expense. Buyer and Seller shall have performed,observed and complied with all of the covenants, agreements,conditions and obligations required by this Agreement to be performed,observed and complied with as of the Closing. The representations and warranties of Buyer and Seller set forth in this Agreement shall be true as of the Closing date. 7.Closing and Closing Date.The consummation of the transaction contemplated by this Agreement ("C|osing”)shall take place no later than five (5)business days after the date of the zoning confirmation letter referenced in Section 6.d.above,not to exceed seventy five (75)days afterthe Effective Date,unless mutually agreed between the parties.Buyer may select an earlier date for Closing upon ten (10)days prior written notice to Seller. 8.Closing Costs &Prorations. 3. 01606605-2 Each party shall pay its own legal fees,expenses and costs and all costs of negotiation and investigation. Seller shall pay the cost of documentary stamp taxes on the deeds and easement for the Subject Parcels,and any costs associated with satisfaction of any mortgage or lien thereon,and the recording costs as may be associated with same,and shall pay or provide a to Buyer anyandall"c|osing fees"or like fees charged by the Escrow Agent to either Seller or Buyer.Page i 9 Agenda Item #8.D.09 May 2022Page 107 of 180 DRAFT3/31/2022 Seller shall pay the costs of the title search and premiums associated with an ALTAowner's Title Commitment and issuance of the owner's Title Policy,provided Buyer shall pay for any requested riders associated with the Title Policy. Buyer shall pay for its costs of due diligence,any Final Survey,all appraisals deemed necessary by it,any and all costs of any financing associated with this transaction,if any,including but not limited to taxes due on any note and recording fees associated therewith,and in such case pay the cost of premium associated with any simultaneous title policy or rider issued on behalf of any lender,and all other costs not designated to be paid by Seller expressly hereinabove. Property taxes,special assessments,and other charges in the nature thereof by government entities for the current year shall be prorated through the Closing Date using the previous year's tax bill or the latest information from the Duval County Property Appraiser's offices,and shall be re—pro—ratedafter the final tax bill for the year of purchase is issued by the Tax Collector. Obligations at Closing. 016066054 Seller shall,at Closing: i.Convey marketable title to Lots 5 and 10 by Special Warranty Deed (the ”Deeds”),subject to the Title Standards as set forth hereafter,and taxes for the current year pro—rated through date of closing. ii.if not conveyed previously pursuant to the LanguageconveytoBuyer,such customary and necessary easements to allow for installation,maintenance and repair of any underground piping,flume,inlet,outfall,or other stormconveyanceinstallationlocatedwithintheSeller's Development Parcels designed toPagei10 Agenda Item #8.D.09 May 2022Page 108 of 180 b. 01606605-2 vi. vii. DRAFT3/31/2022 connect the flow of stormwater from Seller's Development Parcels into Lot 5 or 10,as described at subsection 6(b)above,and such other and further easements and restrictive covenants as may be required under the City's Code of Ordinances relative to retention of stormwater on the Development Parcels. Deliver to Buyer and Escrow Agent evidence satisfactory to them of Seller's authority to execute and deliver the documents reasonably necessary to consummate this transaction. Deliver counterpart copies of the closing statement prepared by the Escrow Agent. Deliver an affidavit to comply with the Foreign Investment Real Property Tax Act (28 U.S.C. 1445i Deliver an Owner's Affidavit of Title together with such other reasonable,usual and customary documentation as may be required for the Closing by the Escrow Agent or Title Insurer in accordance with local conveyancing practice,including without limitation usual and customary title insurance affidavits. Deliver exclusive possession of the Subject Parcels and the Easement Parcel to Buyer at Closing. Buyer shall,at Closing: Pay the balance of the Purchase Price with credit for deposit,less any credits due and/or plus any reimbursements,prorations or paymentspaidbytheCity's check.Deliver counterpart copies of the closing statement prepared by the Escrow Agent.Page I 11 Agenda Item #8.D.09 May 2022Page 109 of 180 DRAFT3/31/2022 iii.Deliver such other reasonable,usual and customary documentation as may be required for the Closing by the Escrow Agent or Title insurer in accordance with local conveyancing practice,including without limitation usual and customary title insurance affidavits. 10.Escrow Agent &Closing Location. a.Community Title,LLC,with its main offices located at 175 NW 138th Terrace,Suite 100,Jonesville, Florida 32669,shall act as the Escrow Agent for this transaction and shall hold all deposits on behalf ofthe parties pursuant to the terms of this Agreement. b.The Escrow Agent shall prepare all closing documents,including without limitation,the closing statement to be signed by the parties,taking into account all terms and conditions of this Agreement relative to closing costs and/or other provisions relative to credits,prorations and reimbursements,and shall prepare and cause to be signed any affidavits associated with the issuance of title.Escrow Agent shall provide copies of all proposed closing documents to Buyer and Seller for review,comment and acceptance no later than five (5)business days prior to Closing. c.The Escrow Agent shall cause the Deeds and any other documents which the parties hereto may mutually direct to be recorded in the official records of Duval County,Florida. d.Upon Closing,the Escrow Agent shall direct the title agent to issue the Title Policy to the Buyer. e.The Closing shall be held at a location mutually to County,or may be conducted "by mail”,upon agreement of the parties.f.in the event this transaction fails to close for whatever reason,and the parties are unable to agreeontheentitlementtotheDepositorothermoniespaidordepositedandheldbytheEscrowAgent0160550522PageI12 Agenda Item #8.D.09 May 2022Page 110 of 180 DRAFT3/31/2022 in furtherance of the Closing,the Escrow Agent may either continue to hold the subject matter of the escrow until the parties mutually agree or until a judgment ofa court of competentjurisdiction shall determine the rights ofthe parties;or,may interplead the funds into the registry ofthe Duval County Clerk of Court.In the event an interpleader is opted,the Escrow Agent shall have no further duty or liability regarding the monies so interpled or to the parties from and after provision of written notice of such action. 11.Seller's Representations.In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Subject Parcels from Seller,Seller makes the following representations and warranties,each of which is material and is being relied upon by Buyer (the continued truth and accuracy of which shall constitute a condition precedent to Buyer's obligations hereunder): 016066054 Seller has the full power and authority to enter into this Agreement and to sell and convey the Subject Parcels.This Agreement has been duly and validly authorized,executed and delivered by Seller and no other authorization is requisite to the valid and binding execution,delivery and performance of this Agreement by Seller; No consents or waivers of or by any third party are necessary to permit the consummation by Seller of the transactions contemplated pursuant to this Agreement,including but not limited to mortgages,liens or leasehold interests; Allrepresentation and warranties of Seller set forth in this Agreement shall be materially true and correct on and as of the date of Closing as ifandasofsuchtime;To the best of Seller's knowledge,there is no pending or threatened litigation concerning thePropertyorSubjectParcels;and,Page l 13 Agenda Item #8.D.09 May 2022Page 111 of 180 DRAI-T3/31/2022 Seller has received no written notice from any governmental agency of any alleged non- compliance with any applicable laws,ordinances,codes or regulations. Seller has no information or knowledge of any change contemplated in any applicable laws, ordinances or regulations or any judicial or administrative action or any action by adjacent landowners or natural or artificial conditions upon the Subject Parcels which would prevent,limit or impede Buyer's contemplated use of the Subject Parcels. The representations and warranties set forth in this Section shall be continuing and shall be true and correct as of the Closing date.All of such representations and warranties shall survive the Closing and shall not be affected by any investigative action by any party to this Agreement. 12.Buyer's Representation and Warranties.In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Subject Parcels to Buyer,Buyer makes the following representations and warranties,each of which is material and is being relied upon by Seller (the continued truth and accuracy of which shall constitute a condition precedent to Seller's obligation hereunder): 01606605-2 Buyer has the legal right,power and authority to enter into this Agreement and to consummate the transactions contemplated hereby,and the execution,delivery and performance of this Agreement have been duly authorized and no other action by Buyer is requisite to the valid and binding execution,delivery and performance of this Agreement;and, All representations and warranties of Buyer set forth in this Agreement shall be materially true and correct on and as of Closing as if those representationsofsuchtime.Page l 14 Agenda Item #8.D.09 May 2022Page 112 of 180 13. DRAFT3/31/2022 c.The representations and warranties set forth in this Section shall be continuing and shall be true and correct as of the Closing date.All of such representations and warranties shall survive the Closing and shall not be affected by any investigative action by any party to this Agreement. Condemnation.Seller shall promptly notify Buyer of any casualty to the Subject Parcels or any condemnation proceeding commenced prior to the Closing.If any such damage or proceeding relates to or may result in the loss of any material portion of the Subject Parcels,Buyer may,at its sole option,elect to terminate this Agreement,in which event all Deposits shall be returned to Buyer and neither party shall have any further rights or obligations hereunder (except for the indemnity obligations of Seller and Buyer contained herein,which shall survive any such termination).in the event Buyer does not exercise its termination right,this Agreement shall continue in force and effect,in which event upon the Closing, Buyer shall be entitled to any compensation,awards,or other payments or relief results from such casualty or condemnation proceeding. 14.Assignment.Neither party may assign this Agreement or any of its rights or obligations relative to the 15. Property or Subject Parcels to a third party except and unless the other party consents in writing to the assignment by the other in such party's absolute discretion.Notwithstanding,the parties agree that permission for the Seller to assign this Agreement or any portion of the Property to a special purpose entity controlled by the Seller for the purpose of platting and development shall not unreasonably be withheld by the Buyer. Notices.All notices required to be given under this Agreement shall be in writing and shall be transmittedbyreceiptconfirmedelectronicmail(e-mail),facsimile,personal delivery,overnight courier (such asFederalExpress),or through the facilities of the United States Post Office,postage prepaid,certified mail,Page I 1501606605-2 Agenda Item #8.D.09 May 2022Page 113 of 180 DRAFT3/31/2022 return receipt requested.Any such notice shall be effective upon delivery,if delivered by personal delivery or overnight courier,and seventy-two (72)hours after dispatch,if mailed in accordance with the above. Notices to the respective parties shall be sent to the following addresses unless written notice of a change of address has been previously pursuant hereto: To Seller:Attn:Chris Lambertson,Manager Dutton Island PSL,LLC&Cape Charles CDL,LLC 960 Paradise Circle Atlantic Beach,Florida 32233 Attn:Tim Franklin,Esq. Franklin Legal,PL 824 Shetter Avenue JacksonvilleBeach,Florida 32250 with copy to: Attn:Shane Corbin,City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233 To Buyer: Attn:Brenna Durden,City Attorney Lewis,Longman and Walker,P.A. 245 Riverside Avenue,Suite 510 Jacksonville,Florida 32202 with copy to: 16.Amendment.Neither this Agreement nor any provision hereof may be changed,amended,modified, waived or discharged orally or by any course of dealing,but only by an instrument in writing signed by both parties . Legal Fees.In the event legal action is instituted by any of the parties to enforce the terms of this Agreement or arising out of the execution of this Agreement,the prevailing party will be toreceivefromtheotherpartyitsreasonableattorneys’fees and court costs actually incurred (withoutregardtostatutoryinterpretation).The parties hereby waive any right to a trial by jury in any litigation,action,proceeding,claim or counterclaim,whether in tort or contract,and whether at law or in equity,Page I 1601606605-2 Agenda Item #8.D.09 May 2022Page 114 of 180 18. 19. 20. DRAFT3/31/2022 arising out of or in any way related to this Agreement,and the transaction for which it provides,whether consummated or not. Default by Seller.Except as provided in Section 20 below,if Seller fails to consummate the transaction contemplated in this Agreement for any reason,except Buyer's default,the Buyer shall have the right either to (i)terminate this Agreement and receive forthwith the return of the Deposit,or (ii)enforce specific performance of this Agreement against Seller.In the event Buyer elects to enforce its right to specific performance it must file such action within ninety (90)days of Seller's failure to consummate this transaction.Buyer must also evidence to Seller,in form reasonably acceptable to Seller,its ability to fund the balance of the Purchase Price prior to filing any enforcement action.Upon a termination of this Agreement in accordance with the foregoing,all obligations of the parties hereunder shall cease and this Agreement shall be and thereupon become null and void except for those indemnities that expressly survive termination. Default by Buyer.lf Buyer breaches this Agreement,the Seller shall have the right to terminate this Agreement and receive the Deposit for the Seller's own use as agreed upon and liquidated damages,and shall be entitled to immediate return of all documents Seller provided to Buyer as Seller's sole and exclusive remedy at law or in equity,and all other obligations of the parties hereunder shall cease,and this Agreement shall be and thereupon become null and void except for those indemnities that expressly survive termination. Failure of Title.In the event the Title Commitment should show that Seller is unable to convey marketableandinsurabletitletotheSubjectParcels,free and clear of all encumbrances except as provided in thisAgreementontheClosingdate,the provisions of Section 4 shall apply.Page I 1701606605-2 Agenda Item #8.D.09 May 2022Page 115 of 180 21. 22. 23. 24. 25. 26. DRAFT3/31/2022 Applicable Law.This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. Waiver.Failure of either Buyer or Seller to exercise any right given hereunder or to insist upon strict compliance with regard to any term,condition or covenant specified herein,shall not constitute a waiver of Buyer's or Sellers right to exercise such right or to demand strict compliance with any term,condition or covenant under this Agreement. Counterparts.This Agreement may be executed in several counterparts,each of which may be deemed an original,and all of such counterparts together shall constitute one and the same Agreement. Captions.All captions,headings,paragraph and subparagraph numbers and letters are solely for reference purposes and shall not be deemed to be supplementing,limiting,or otherwise varying the text of this Agreement. Severability.The invalidity or unenforceability of a particular provision of this Agreement shall not affect the other provisions hereof,and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. Construction.The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities toagainstthedraftingpartyshallnotbeemployedintheinterpretationofthisAgreementorany exhibits oramendmentshereto.Accordingly,this Agreement shall not be construed as if it had been prepared byPage|1801606605-2 Agenda Item #8.D.09 May 2022Page 116 of 180 27. 28. 29. 30. DRAFT3/31/2022 one of the parties,but rather as if both parties had prepared it.Whenever required by the context of this Agreement,the singular shall include the plural and vice versa. Entire Agreement.Time is of the essence of this Agreement.This Agreement constitutes the sole and entire Agreement of the parties and is binding upon Seller and Buyer,their heirs,successors,legal representatives and assigns.This Agreement supersedes any prior Agreement,negotiations and communications,oral or written,between Buyer and Seller as to the purchase and sale of the Subject Parcels.No subsequent Agreement,representation,or promise made by either party hereto,or by or to an employee,officer,agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. Date for Performance.If the time period by which any right,option,or election provided under this Agreement must be exercised,or by which any act required hereunder must be performed,or by which the Closing must be held,expires on a Saturday,Sunday or legal or bank holiday,then such time period shall be automatically extended through the close of business on the next regularly scheduled business day. Date of Agreement.The submission of this Agreement for examination or consideration does not constitute an offer to sell the Subject Parcels nor an acceptance to purchase the Subject Parcels,and this Agreement shall become effective,if at all,only upon the full execution and delivery thereof by Buyer and Seller.The Effective Date of this Agreement shall be the date last signed by a party.Survival of Covenants.The covenants,representations and warranties of Seller and Buyer set forth in thisAgreementshallsurvivetherecordationoftheDeedsandProposedReplats(in final approved form)forPage|1901606605-2 Agenda Item #8.D.09 May 2022Page 117 of 180 31. 32. 33. 34. DRAFT3/31/2022 a period of two (2)years and shall not be deemed merged into the Deeds and Proposed Replats (in final approved form)upon recordation of same. RecuiiredActions of Buyer and Seller.Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use good faith efforts to accomplish the Closing in accordance with the provisions hereof. Post—ClosingObligation Relative to Stormwater Design/Permitting/Construction.In the unlikely event that it is later determined that any permits or authorization of any third party regulatory agency be required in order to implement intended development of the Property or Subject Parcels,Seller and Buyer agree to cooperate with each other in order to obtain such permits or authorization. Public Record.Each party understands that the submission of this Agreement in draft or executed form to the City causes same to be considered a public record and available for copying and inspection in accordance with law. Brokerage.Seller and Buyer represent to each other that neither has dealt with any broker,middle-man or agent in connection with this transaction.Buyer agrees to indemnify and hold Seller harmless from and against all liabilities and expenses in connection with any claims for omission,compensation or otherwise being made by any third party based on any agreement or claimed agreement by,Buyer for the bringing about of this transactions or the consummation thereof.Seller agrees to indemnifyandholdBuyerharmlessfromandagainstallliabilitiesandexpensesinconnectionwithanyclaimsforcommission,compensation or otherwise being made by any other third party based on any agreement orPage|2001606605-2 Agenda Item #8.D.09 May 2022Page 118 of 180 DRAFT3/31/2022 claimed agreement by,through,under or with Seller for the bringing about of this transaction or the consummation thereof.The provisions hereof shall survive termination. 35.Exhibits.The following Exhibitsare attached hereto and by this reference made a part hereof: Exhibit A —Legal Description of the Property; Exhibit B —Conceptual Site Map,dated 8 February 2022 Exhibit C —Proposed Lambo’sPlace Unit 1 &2 Replats Exhibit D —Proposed Dedication Language [Signatures appear on following page] 01505505-2 Page I 21 Agenda Item #8.D.09 May 2022Page 119 of 180 DRAFT3/31/2022 IN WITNESSWHEREOF,the parties hereto have executed this Agreement as set forth below effective as set forth hereinabove. "SELLER” DUTTONISLANDPSL,LLC,a Florida limited liability company Dated:___________By: Chris Lambertson,Manager CAPE CHARLESCDL,LLC,a Florida limited liability Company Dated:___________By: Chris Lambertson,Manager "BUYER" CITYOF ATLANTICBEACH,FLORIDA,a Florida municipality Ellen Glasser,Mayor Date: ATTEST: Donna Bartle,City Clerk The undersigned agrees to serve as Escrow Agent under this Agreement and to perform in accordance with its terms and conditions. "ESCROW AGENT” COM M UNITYTITLE,LLCBy:Name:Title:Date:0150550522 Page I 22 Agenda Item #8.D.09 May 2022Page 120 of 180 DRAFT3/31/2022 EXHIBIT”A” LEGALDESCRIPTIONOF THE PROPERTY Lots 9,10,11,14 &15,Block9,DONNER'SREPLAT,as according to the plat thereof recorded at Plat Book19,Page16,ofthecunent,of?dalrecordsofDuva|County,Ho?da. Page |2301606605-2 Agenda Item #8.D.09 May 2022Page 121 of 180 DRAFI 3/31/2022 EXHIBIT"B" CONCEPTUALSITE PLAN I See Attached | 015055052 Page ‘24 Agenda Item #8.D.09 May 2022Page 122 of 180 DUTTON ISLAND ROAD EAST :n'._ ..._.......hura 55 J ‘LAJ ‘Z 55 FT x 95 Fr ;=‘»;2'2,s‘:_,é PURCHASE 3 4 ‘:2 ;‘L, :L) 5.I—Z A:1 f I_u. I !! l ! !! !V !PA- !!3 | 1 .!§9 I I I I 35 I amu. IHSHIIL DIAHIAEE 35 FT X 125 FT PURCHASE GRANT OF ZO FT X 125 FT EXCLUSIVE DRAINAGE EASEMENT FENCE AT EAST EDGE or EASEMENT). 35 H‘ “‘-.a«.;E *3‘?-..-.-....,‘."."r'.f Q » .................M... summons ROAD _1:=1 CONCEPTUAL sun»:PLAN ‘mg;-.-_-,v_-;-,-_-,ovuwmc nus;02-03-2022 Agenda Item #8.D.09 May 2022Page 123 of 180 DRAFI 3/31/2022 EXHIBIT"C" PROPOSED REPLATS [See Attached] 01606605-2 Page I 25 Agenda Item #8.D.09 May 2022Page 124 of 180 LA./I/B0 ZS’PL/1 62?”UNIT I REPZA Q’‘ SECTION 17,TOWNSHIP 2 SOUTH,RANGE 29 EAST A REPLAT OF LOTS 14 AND 15,BLOCK 9,DONNER’SREPLAT AS RECORDEDIN PLAT BOOK 19,PAGE 16 OF THE CURRENT PUBLIC RECORDS OF THE CITY OF JACKSONVILLE,DUVAL COUNTY,FLORIDA CAPTION A REPLATOF LOTS 14.AND 15,BLOU(9,DONNER'SREPLATAS RECORDEDIN PLAT BOOK 19.PAGE ‘IS OF THE CURRENT PUBLIC RECORDSOF DUVAL COUNTY.FLORIDA: BEGINNINGAT THE SOUTHWESTERLYINTERSECTIONOF THE WESTERLYRIGHTOF WAY LINE OF FRANCIS AVENUE AND THE SOUTHERLYRIGHTOF WAYLINEOF DUTTONISLANDROAD EAST:THENCESOUTHOD‘D5'3‘I'WEST.ALONGTHE SAID WESTERLYRIGHT OF WAY LINE.A DISTANCEOF 55.DD FEETTO THE NORTHERLYUNE OF LOT ‘I25,BLOCK 9. OF SAID DDNNER'SREPLAT:THENCENORTH 8D'56'29"WEST,ALONGSAID NORTHERLYUNE,A DISTANCEOF 165.00 FEET TO THE EASTERLYLINEOF BLOCK8 OF AFORESAIDDONNER'SREPLAT:THENCENORTHDO‘D3'3‘I"EAST. ALONGSAID EASTERLYLINE.A DISTANCEOF 95.00 FEET TO A POINT LYING ON THE AFORESAIDSDUTHERLYRIGHT ‘OFWAY LINE OF DUTTONISLANO ROAD EAST:THENCESOUTHB95679”EAST.ALONGSAID SOUTHERLYRIGHTOF WAY.A DISTANCEOF 155.00 FEET TO TH,POINT OF BEGINNING. ADOPTTON.DEDICATIONand RESERVATIONS THIS IS TO CERTTFYDUTTONISLANDPSL.LLC.A FLORIDALIMITEDLIABILITYCOMPANYIS THE LAWFULOWNEROF THE LANDSDESCRIBEDIN THE CAPTIONHEREONKNOWNAS LAMBO'SPLACE UNIT 1 REPLAT,HAVINGCAUSED THE SAME TO BE SURVEYEOANDSUBDIVIDED.THIS PLAT BEING MADEIN ACCORDANCEWITHSAID SURVEYIS HEREBYADOPTEDAS A TRUE AND CORRECTPLAT OF THOSELANDS. OWNERRESERVES,AND THE CITYOF ATLANTICBEACH CONFIRMS.A PERPETUALRIGHTAND NON-EXCLUSIVEEASEMENT FOR DRAINAGEOVER.UPON.ACROSS AND THROUGHLOT 5.FOR THE BENEFITOF LOTS ‘I THROUGH4.SD LONGAS THE FIRST FIFTY PERCENT (50!)OF STORMWATERRUN-OFF ATTRIBUTABLETO SUCH LOTS I THROUGHA IS CONTAINED AND TREATED ON SUCH LOTS IN CDMPLIANCEWITHCITYORDINANCE. IN WITNESSTHEREOF,CHRISLAMBERTSON.MANAGEROF OUTTONISLANDPSL,LLC A FLORIDALIMITED LIABILITYCOMPANY,HAS CAUSEDTHESEPRESENTSTO aE SIGNEDmus _DAY OF ,_A.O..2922. ._,_E.._ BY:_%_,_ ,,...,, WITNESS CHRIS LAMBERTSON,MANAGER/OWNER PRINTNAME;DUTTONISLANDPSL.lJ.C WITNESS PRINTNAME: STATE OF FLORIDA.COUNTYOF DUVAL THE FOREGOINGINSTRUMENTWAS ACKNDWLEDGEDBEFOREME av MEANSOF []PHYSICALPRESENCE, on [1 DNLINENOTARIZATION.ms ,,DAY OF ,._,,, A.D..2022,av cums LAMBERTSON.MANAGERor DUTTDNISLANDPSL.LLC,WHOIS PERSONALLY KNOWNTO ME OR WHO HAS PRODUCED______________________AS IDENTIFICATIONANDWHO OID (DID NOT)TAKE AN OATH. NOTARYHPUBLICISTATEOE‘EL£§F?iO‘AmA'1"f”TT,'u2OETTTTTTTTT " PRINT NAME: COMMISSIONNO.:.,,,.,.,._,,.,,.L___. My COMMISSIONEXHRES: LEGENDAND ABBREVIATIONS El DEHDTESPERMANENTREFERENCEMONUMENT. SET 4'X 4'CONCRETEMONUMENT.STAI-IFEDLB 3672 u DDIDTESSET I/2'IRON PIPE.STAI-IPD LB 3671 NOTES: ‘I.BEARINGSAREBASED ON THEWESTERLYPROPUYTYLINE.BEING NORTHDD'D3'5‘I"EAST.A?lllw DATUM.‘ 2.THECDDRDINATES51DWNHEREHAVENDRTHINGANDEASTING VALUESBASEDON NORTHAMERICANDATLIMIDES{NAD85).STATE PLANECOORDINATES.FLORIDAEASTZONE(VO|IN IJ.S.SIRIEY FEET. ‘DIES VALUESARENOT IN ANYWAYASSOOA D WITHTHEBOUNDARY BEARINGSSIDWN ml THIS PLAT. NDTICE:THISPLAT.A5 RECORDEDIN ITS GRAPHICFORM.IS THEUTIUALDD’|CTION OF THEEJBDIVIDEDLANDSDBDTIBEDHEREINANDWILLIN NO CIRCUMSTANCESBE SJPFLANTEDIN AUTHORITY3‘!ANYOTHERGRAPHICDR DIGITALFORMOF THEPLAT. THEREMAYBE ADDITIDNAI.RESTRTCITDIGTHATARE NOT RECORDEDON THIS PLAT THATMAYBE FQIAID IN THEPUBLICRECORDSN THISCOUNTY. PLAT BOOK __PAGE___'‘ SHEET_LOF .2. VFCINITYMAP T NOT TO SCALE ‘ CLERKSCERTIFICATE THIS IS TO CERTIFYTHAT THIS PLAT HAS BEEN EXAMINEOAND APPROVED,AND THAT IT COMPLIESIN FORM WITHTHE REQUIREMENTSOF CHAPTER‘I77.FLORIDA.STATUTES.AND SUBMITTEDTO ME FOR RECORDING.ANDIS RECORDEDIN PLAT BOOK PAGES ,_OF THE CURRENTPUBLICRECORDSOF DUVALCOUNTY.FLORIDA. SIGNEDTHIS DAY OF ,M. ,A.D..21322. CL'ERI’("O'FVTHETCIRCUITI‘COURT DEPUTY‘“CLERK/T PLAT CONFORMITYREVIEW THIS PLAT HAS BEENREVIEWEDANDFOUNDIN COMPLIANCEWITHPART 1.CHAPTER177. FLORIDASTATUTES,THIS DAY OF M A.D..2022. K,ATH.Y..L;wA.bE..,,, PROFESSIONALSURVEYORand MAPPER FLA.LICENSENa.LS 5164 SURVEYORSCERTTFICATE THIS IS TO CERTIFYTHATTHE ABOVEPLAT IS A TRUEAND CORRECTREPRESENTATION OF THE LANDSSURVEYED.PLATTEDANDDESCRIBEDIN THE CAPTION.THATTHE SURVDI WAS PREPAREDUNDERMY DIRECTIONANDSUPERVISION,ANDTHAT THIS PLAT COMPLIES WITHALL OF THE SURVEYREQUIREMENTSOF CHAPTER‘I77,PART I.PLATTING;THAT THE PERMANENTREFERENCEMONUMENTSHAVEBEENPLACEDACCORDINGTD THE LAWS OF THE STATE OF FLORIDAANDTHECITYOF ATLANTICBEACH,FLDRIDA.SIGNEDAND SEALEDTHIS DAY or A.o.,2u22. JASDNTRATWIGHT.P.swT”TTT PROFESSIONALsuavavonand MAPPER STATE or nomoa LICENSENo.LS7292 ~ PRFFAREDBY: ,JASON D.IOATWRIGRT.P.S.M.' _FLORIDAREGISTRATIONNo.[S7232 i —BDATWRIDHTum:sunvmms.mt: 'I500 ROBERTSDRIVE 5 JACKSONVILLEBEACH.FLORIDA I (V04)an-«$56 BOATWRIGHTLANDSIJRVEYORS.INC. 15DO ROBERTSDRIVE JACKSONVILLEBEACH.FLORIDA32250 LICENSEDBUSINESS NO.LB3B72 Agenda Item #8.D.09 May 2022Page 125 of 180 [A/1/B0 IS"PIA CE U/V17’/EEPL4 7' DUTTONISLAND ROAD EAST5a“5a°5.f‘?.‘Jw°."I’“°"u'i°w‘3§S'éu'2“J3.n PLAT BOOK __PAGE __ SHEET.2.OF _2_ SECTION ‘I7,TOWNSHIP 2 SOUTH,RANGE 29 EAST A REPLAT OF LOTS 14 AND 15.BLOCK 9,DONNER’SREPLAT AS RECORDEDIN PLAT BOOK 19,PAGE 15 OF THE CURRENTPUBLIC RECORDS OF THE CITY OF JACKSONVILLE,DUVAL COUNTY,FLORIDA z:z>—-—~—..-W ,.I0 ,go so SALE:1'-mu‘ POINTOF BEGINNING /N-21E3956.19 /E-526433.15 S0O'O3'31"W 95.00’ FRANCIS AVENUE 30‘NIGHTOF WAY PAIE PUBLIC ROAD S00‘D3‘3_7:W__B5.D0' S89‘56'29'E 165.00‘:1 ’:’mu:SB9'56'29'E 55.00’ LOT 1 sI_>_o'o3‘_a1'w95.00‘ LUTZ S?D‘D.T'31'Vl V5.00’ LO‘!3 _310‘Dl'.‘a‘I"W95.00" LOT4 ,5°",“,’.3'§".W_5_5~°°’ LOT5 SDO’O3'J1'W 125.00’ NOD‘O3'3‘I'E95.00’ ._,,.L ......................,,...I 47.3‘I au.5o‘T :u.su',A _ ~,I §1 .I F1 'I ‘I .,I I M ¢ _‘J:Ls N I I 2 It I S I E I I I IE?I ‘*7 I . i .._.S 2 "‘ME cm no ;3 I 3 B.:3.I 5 S,‘-To-I,-II‘),5 -run or LUT12 SI I R 5%S 8 S ‘_ummswsnzmxv &°m;F§x|:<E"|'-EAT '1 ’''Q 5’: °FL"aw“I9‘'35 PACE III '9“|°1“C ‘I-'S ‘I:-4 E F .<(9 o FACE an »—,,,,.I’I u 0 o 2}o "‘3 -3.3 Lu —.-4 .4 .-_..-~.1 L A 5:‘O :3 I9 E 'O)2*‘I 9‘IE :3 :2;3 Ir a I Ln.‘ ‘5 I §IX 31"5 Is:O I I =;In ‘I }_I I I 30,g ;I ‘lg g ,(_ ‘I:'1 ~\(‘:1 I I9»" -Sgr:4 I A,I in 225 ,0, ,I I :2 2,. E on ~—‘ I 2 ._g 12 g I m. 5 D J75’__,L7-5;.,,7.:’J _____________________________________ ,_ ” I l O 20'UMOBSIRUETUJDRAINAGEEASEHENT E:3150‘5U,5U' vq‘ 33.DD' 2 1“:“Sr 55 '‘W’"'4”I ""w“"TT'4'ww“? ‘J or L013 ‘2 1 15 50003 51 W 125.00 E;°:~&$~;:::";* '35.»me:In D B: S;3 -‘A: 2:2 E n I _. I _\,, V ,_..?~..wI ...-,L_~,..,4~...,,4.~ ....,L-...,.,,.,..,.._ ‘‘‘Nou'o3'31"E 125.00’ LOT 5 BLOCK5 BLOCK9 DON ER‘:RE 1‘DDNNER'SREFM7 1 F BOOK .PL soon 19.I PAGE 19 DE IO 1 PREPAREDIV: I JASON D.BDATWIKGHT,P.S.M.. I.FLORIDAREGISTRATIONNa.E7292 1 :BDATWEIGNTLANDSIJRVETDIIS.INC.i 1500 ROBERTSDRIVE * JACKSONVILLEBEACH.TLDRIUA ‘ ~(304)241~B!5D Agenda Item #8.D.09 May 2022Page 126 of 180 PLAT BOOK __PAGE [A/I/B015"PIA CE UNIT 2 REPLAY’SHEETSLOI-‘.1 SECTION 17,TOWNSHIP 2 SOUTH,RANGE 29 EAST A REPLAT OF LOTS 9 THROUGH 11,BLOCK 9,DONNER'SREPLAT AS RECORDED IN PLAT BOOK 19,PAGE 16 OF THE CURRENTPUBLIC RECORDS OF THE CITY OF JACKSONVILLE.DUVAL COUNTY,FLORIDA CAPTION A REPLAT OF LOTS 5 THROUGH ‘I1,BLOCK 9.DONNER'SREPLAT AS RECORDEDIN PLAT BOOK ‘IS,PAGE 16 OF THE CURRENTPUBLIC RECORDS OF DUVAL COUNTY.FLORIDA: BEGINNINGAT THE NORTHWESTERLYINTERSECTIONOF THE WESTERLYRIGHTOF WAY LINEOF FRANCISAVENUEANDTHE I I NORTHERLYRIGHTOF WAY UNE OF SIMMONSROAD;THENCE NORTH 89’56'29"WEST.ALONG THE SAID NORTHERLYRIGHT : I‘‘ OF WAY LINE,A DISTANCEOF 1E5.D0 FEETTO THE EASTERLYUNE OF LOT 3,BLOCK9.OF SAID DONNER'SREPLAT;E 5 THENCENORTHD0'O3".'z1'EAST ALONGSAIDEASTERLY LINE.A DISTANCEOF ‘I25.DD FEET TO THE SOUTHERLYLINE OF LOT 12.BLOCK 9 OF SAID DONNER'SREPLAT;THENCESOUTH B§‘56'29'EAST,ALONGSAID SDUTI-IERLYLINE.A DISTANCE I T OF 1B5.DD FEETTO A POINT LYING ON THE AFORESAIDWESTERLYRIGHTOF WAY LINE OF FRANCISAVENUE:THENCE 5 T I I I SOUTHDD'O3'3'I"WEST,ALONGSAIDWESTERLYRIGHT OF WAY.A DISTANCEOF ‘I25.DD FEETTO THE POINT OF BEGINNING.I I — I I I IADOPTION.DEDICATIONand RESERVATIONS THIS IS TO CERTIH’CAPE CHARLESCDL.LLC,A FLORIDALIMITEDLIABILITYCOMPANYIS THE LAWFULOMIIEROF THE LANDSDESCRIBEDIN THE CAPTIONHEREONKNOWNAS LAMBO'SPLACEUNIT2 REPLAT.HAVING CAUSEDTHE SAME TO I BE SURVEYEOAND SUBDIVIDED.THIS PLAT BEINGMADEIN ACCORDANCEWITHSAID SURVEYIS HEREBYADOPTEDAS A I V "“"" TRUEAND CORRECTPLAT OF THOSELANDS I I own:IRREVOCABLYDEDICATESAND GRANTSA PERPETUALAND EXCLUSIVEEASEMENTTo THDSELANDSDELINEATEDAs I I , I "2D'UNOBSTRUCTEDEXCLUSIVEEASEMEN1”To THE CITYDr ATLANTICaEAcH.FOR THE PUBLICPURPOSESOF DRAINAGE L W ‘‘ 'ANDCDLLECTTDNAND STORAGEOF STDRMWATER.To CONSTRUCTANDMAINTAINPERMANENTINLETS.WEIRS.PIPES,UNES ~_1 :ANDDTHEREQUIPMENT.As wELLAs RECREATTDNAL.PUBLIC ACCESS.PARK ANDTRAILPURPOSES.ovER.ACROSS.UPON ~ 3 AND THROUGHSUCH LANDS.TDGETHERWITHTHE RIGHT,EASEMENT.PRMLEGEANDLICENSETo Do ALLTHINGS 4 .NECESSARY.USEFULOR CONVENIENTTo EFFECTANDENJOY SUCH LANDSFOR THE PuRPDsEs ABOVE-DEDICATED: I ; r SUBJECTTD.THE RESERVATIONor owNER,CONFIRMEDBY THE Cm.THAT—DESPITETHE EXCLUSIVEOCCUPANCYAND T‘ ; POSSESSIONOF THE CITY—TI-IELANDSso DEDICATEDSHALL REMAINATTRTEUTADLETo THEUNDERLYINGLDTS E,7,a :~I AND 9 FOR COMPREHENSIVEPLANNINGANDZONINGPURPDSESRELATINGTD THE MINIMUMLDT sTzE/AREA.LOT ,, V ........_,kn ,.I wIDTH/LENGTH.SETBACK/YARDSTANDARDS.LCT COVERAGE/IMPERVIOUSSURFACEREDUTREMENTSAND sTDRMwATER VICNTY MAP ; 5.DRAINAGERECUTREMENTS;PRDVIDEDPURTHERTHAT.OWNERSHALLERECTAND MAINTAININ coon CONDITIONIN ,3 1 PERPETUITYA WALL OR FENCE.To BE CDNSTRUCTEDOF‘wDDD.ALUMINUM,TRDN.RESIN OR OTHERUKE SUITABLE “‘“°5°“ MATERIALS.TO A MAXIMUMHEIGHTIN CCMPLTANCEWITHTHE CITYSCODE OF ORDINANCES.ON THE EASTERNBOUNDARY -‘ LINEOF THE DEDICATED'lD'EASEMENTPARCEL LANDS. AS TO THOSE LANDS LOCATEDON THE NORTHERNMOST7.5‘OF LOT 6 ON WHICHAN EXISTINGDRAINAGEEASEMENTHAS BEENCONVEYEDTO THE CITYOF ATLANTICBEACHBY THAT INSTRUMENTRECORDEDAT BOOK17403,PAGE 2453.(IR. DUVALCD.,THE CITYGRANTSTO OWNERA REVOCABLELICENSETO INSTALLWALKWAYSAND PAVERS IN SUCH 7.5' AREA.ANDTO INSTALLHVAC EOUIPHBITIN THESOUTHERN2.5’OF SAID EXISTINGDRAINAGEEASEMENT,SUBJECT TO LOT COVERAGE/IMPERVIOUSSURFACEAND OTHERREOIJIREMENTSOF THE CIT‘{‘S CODE OF ORDINANCES.PROVIDED HDWEVER.OWNERHEREBYAGREESANYANDALL SUCH PLACEDIMPROVEMENTSSHALL BE REMOVEDIN ORDERTO ACCOMMODATETHE CITYS REPAIR.IMPROVEMENTOR UTILIZATIONOF THE AREAFOR DRAINAGEPURPOSES.ANDWHICH SI-IALLXBDEEREMOVEDWITHINTWENTY(20)DAYS UPON WRITTENREOUESTMADEBY THE CITYAT THE OWNER'SSOLE COST AND E NSE. FURTHER.OWNERRESERVES.AND THE CITY CONFIRMS.A PERPETUALRIGHTAND NON—EXCLIJSIVEEASEMENTFOR DRAINAGEOVER.UPON,ACROSSANDTHROUGHLOT ‘ID.FOR THEBENEFITOF LOTS6 THROUGH9,SO LONGAS THE CLERKSCERTIFICATE THIS IS TO CERTIH’THATTHIS PLAT HAS BEEN EXAMINEDANDAPPROVED.AND THATIT COMPLIESIN FORM WITHTHE REQUIREMENTSOF CHAPTER‘I77.FLORIDA.STATUTES.AND SUBMITTEDTO ME FOR RECORDING.AND IS RECORDEDIN PLAT BOOK PAGES OF THE CURRENTPUBLICRECORDSOF DUVALCOUNTY.FLORIDA. DAY OF A.D..2OZ2.SIGNEDTHIS., CTRTCUITTIERTI DTz?ITTi"CT.‘f§IZ" PLAT CONFORMITYREVIEW THIS PLAT HAS BEEN REVIEWEDAND FOUND IN CDMPLIANCEWITHPART 1,CHAPTER177, II I . FIRST FIFTY PERCENT (snx)OF STDRMWATERATTRIBUTABLETo SUCH LDTS 5 THROUGH9 IS CONTAINEDAND TREATED DN SUCH LOTS IN CDMPLIANCEWITHTHE CITY'SCCDE or ORDINANCES.SECTION24-53,As MAY BE AMENDEDFROM ”"-°R'°"5”T“"E5»""5 -I I 9'“°F I I ~.*‘-°--2°??- TTMETO TIME. I I IN WITNESSTHEREOF.CHRISLAMBERTSON,MANAGEROF CAPE CHARLESCDL.LLC A FLORIDALIMITED LIABILITYCOMPANY.HAS CAUSEDTHESEPRESENTSTD BE SIGNEDTHIS ..,_DAY 07 ,AD»2011 FLA.LICENSENu.Is 5154 ..,BY:L..-, w1TNEs5 CHRIS LA . PRINT NAME; 7 CAPE CHARLESCDL.LLC SURVEYORSCERTIFICATE ,. THIS IS TO CERTIFYTHAT THE ABOVE PLAT IS A TRUE AND CORRECTREPRESENTATION WITNESS EH33;T OF THE LANDSSURVEYED.PLATTEDANDDESCRIBEDIN THE CAPTIDN.THATTHE SURVEY pR‘NT NAME: V H H _ V H st,4.X ..mm“:_mum.,_STMPH;La $72 WAS PREPAREDUNDERMY DIRECTIONANDSUPERVISION.ANDTHATTHISPLATCOMPLIES WITHALLOF THE SURVEYREOUIREMENTSOFCHAPTER177,PART I,PLATTING;THAT THE PERMANENTREFERENCEMONUMENTSHAVEBEENPLACEDACCORDINGTO THE LAWS OF THE STATE OF FLORIDAANDTHE CITYOF ATLANTICBEACH,FLORIDA.SIGNEDANDoBENDTF5SETI/1'IRONPIPE.STAHPEDus :57: STATE OF FLORIDA,COUNTYOF DUVALf E T AY or .D... THE FOREGOINGINSTRUMENTwAs ACKNOWLEDGEDBEFOREME BY MEANSor []PHYSICALPRESENCE. 5 “E0 H15 D A 2°22 E OR [1 DNLINENOTARIZATION.THIS .DAY OF No.55, I A.D.,2Dz2.BY CHRIS LAMBERTSDN.MANAGERor CAPE CHARLESCDL LLC.wHD IS PERSONALLY 1.HEARINGSAREaxsso an THEwas-ramPROPERTYUNE am: KNOWNTo ME DR WHOHAS PRODUCED___________.__-._.As IDENTIFICAIIONAND wHD g°';,':gg°D*.3=,,.3;,,;=;,S'.-,.g§,§,°*:.Lg;E°¢,*,vv:-m,,,,,,.,,.M,mm; ‘:DID (DID NOT)TAKE AN OATH.B:zIIZ,I‘>NDNNewsmE§IgITNzDA'éuI;°T9D:l(]NA.Dea).STA’:BO TES.RIDA N ‘I .SURVW T. .‘V .AS CCCC ._‘.....__SW,,,, §g?§,F,,,‘{s"-5",§§.,“E."§,,,"‘§{,,,',",?¥““’“O5”I“m"""5‘T“'’W“””‘'_‘,‘;.§oND B’5';TwR.GHT“,;.‘§'M' """"""""REVISEDPER COMMENTS: E NDTARY PUBLIC.STATE OF FLORIDAAT LARGE 'PROFEQONALSURVEEDR‘1;“MAP,“Amt D7 2022 PRINTNAME: L ,I, _ggggg-mgwgpI;"Lg.S;§D§§g£°gn5gN5gIggg¢_;1gcH;g§;g.5mT4;m=;g STATE DF FLORIDALICENSEN°-L57292 R,,,m,, COMMISSIONNCL:g;§°;,:g,s,;:~§g,§,,=g,=I4.:;-¢;*;;°,;*:E;g*;*:3It.;a*.,,,~:;;;;~§,+;,,;-::g,,*:,$,S PWTWRIGHTLAND 5UW°T-‘Y ‘NP I;I£.’t..°’..:%:I*.I."‘.°.I‘."..'::".’$'72s.7 W’‘"5 “°""‘°°“"“‘°"I’“5"W “I”“V 9‘‘°""”'“"“fJig1I)(ST)2l§I1_-‘I.1ESBDEFAOIEIFLORIDA32250 ‘”§'3TIw:'I:'>°:3§'ms"’I:°aT\Ts§’RV"°“$1"“I I “Y COWHSSION EXPIRES:*********-’—-WE‘-—----M "mm “mans °F “'5 ‘:°‘’""'Ucgus?u Bu',]NE5s pi,‘T3357:ACK?O}NVl1;IaEsDEACH.TLDETDA I * 904 4‘SD ’Agenda Item #8.D.09 May 2022Page 127 of 180 [A/1/B0 IS"PIA CE U/V17’/EEPL4 7' DUTTONISLAND ROAD EAST5a“5a°5.f‘?.‘Jw°."I’“°"u'i°w‘3§S'éu'2“J3.n PLAT BOOK __PAGE __ SHEET.2.OF _2_ SECTION ‘I7,TOWNSHIP 2 SOUTH,RANGE 29 EAST A REPLAT OF LOTS 14 AND 15.BLOCK 9,DONNER’SREPLAT AS RECORDEDIN PLAT BOOK 19,PAGE 15 OF THE CURRENTPUBLIC RECORDS OF THE CITY OF JACKSONVILLE,DUVAL COUNTY,FLORIDA z:z>—-—~—..-W ,.I0 ,go so SALE:1'-mu‘ POINTOF BEGINNING /N-21E3956.19 /E-526433.15 S0O'O3'31"W 95.00’ FRANCIS AVENUE 30‘NIGHTOF WAY PAIE PUBLIC ROAD S00‘D3‘3_7:W__B5.D0' S89‘56'29'E 165.00‘:1 ’:’mu:SB9'56'29'E 55.00’ LOT 1 sI_>_o'o3‘_a1'w95.00‘ LUTZ S?D‘D.T'31'Vl V5.00’ LO‘!3 _310‘Dl'.‘a‘I"W95.00" LOT4 ,5°",“,’.3'§".W_5_5~°°’ LOT5 SDO’O3'J1'W 125.00’ NOD‘O3'3‘I'E95.00’ ._,,.L ......................,,...I 47.3‘I au.5o‘T :u.su',A _ ~,I §1 .I F1 'I ‘I .,I I M ¢ _‘J:Ls N I I 2 It I S I E I I I IE?I ‘*7 I . i .._.S 2 "‘ME cm no ;3 I 3 B.:3.I 5 S,‘-To-I,-II‘),5 -run or LUT12 SI I R 5%S 8 S ‘_ummswsnzmxv &°m;F§x|:<E"|'-EAT '1 ’''Q 5’: °FL"aw“I9‘'35 PACE III '9“|°1“C ‘I-'S ‘I:-4 E F .<(9 o FACE an »—,,,,.I’I u 0 o 2}o "‘3 -3.3 Lu —.-4 .4 .-_..-~.1 L A 5:‘O :3 I9 E 'O)2*‘I 9‘IE :3 :2;3 Ir a I Ln.‘ ‘5 I §IX 31"5 Is:O I I =;In ‘I }_I I I 30,g ;I ‘lg g ,(_ ‘I:'1 ~\(‘:1 I I9»" -Sgr:4 I A,I in 225 ,0, ,I I :2 2,. E on ~—‘ I 2 ._g 12 g I m. 5 D J75’__,L7-5;.,,7.:’J _____________________________________ ,_ ” I l O 20'UMOBSIRUETUJDRAINAGEEASEHENT E:3150‘5U,5U' vq‘ 33.DD' 2 1“:“Sr 55 '‘W’"'4”I ""w“"TT'4'ww“? ‘J or L013 ‘2 1 15 50003 51 W 125.00 E;°:~&$~;:::";* '35.»me:In D B: S;3 -‘A: 2:2 E n I _. I _\,, V ,_..?~..wI ...-,L_~,..,4~...,,4.~ ....,L-...,.,,.,..,.._ ‘‘‘Nou'o3'31"E 125.00’ LOT 5 BLOCK5 BLOCK9 DON ER‘:RE 1‘DDNNER'SREFM7 1 F BOOK .PL soon 19.I PAGE 19 DE IO 1 PREPAREDIV: I JASON D.BDATWIKGHT,P.S.M.. I.FLORIDAREGISTRATIONNa.E7292 1 :BDATWEIGNTLANDSIJRVETDIIS.INC.i 1500 ROBERTSDRIVE * JACKSONVILLEBEACH.TLDRIUA ‘ ~(304)241~B!5D Agenda Item #8.D.09 May 2022Page 128 of 180 PLAT BOOK __PAGE [A/I/B015"PIA CE UNIT 2 REPLAY’SHEETSLOI-‘.1 SECTION 17,TOWNSHIP 2 SOUTH,RANGE 29 EAST A REPLAT OF LOTS 9 THROUGH 11,BLOCK 9,DONNER'SREPLAT AS RECORDED IN PLAT BOOK 19,PAGE 16 OF THE CURRENTPUBLIC RECORDS OF THE CITY OF JACKSONVILLE.DUVAL COUNTY,FLORIDA CAPTION A REPLAT OF LOTS 5 THROUGH ‘I1,BLOCK 9.DONNER'SREPLAT AS RECORDEDIN PLAT BOOK ‘IS,PAGE 16 OF THE CURRENTPUBLIC RECORDS OF DUVAL COUNTY.FLORIDA: BEGINNINGAT THE NORTHWESTERLYINTERSECTIONOF THE WESTERLYRIGHTOF WAY LINEOF FRANCISAVENUEANDTHE I I NORTHERLYRIGHTOF WAY UNE OF SIMMONSROAD;THENCE NORTH 89’56'29"WEST.ALONG THE SAID NORTHERLYRIGHT : I‘‘ OF WAY LINE,A DISTANCEOF 1E5.D0 FEETTO THE EASTERLYUNE OF LOT 3,BLOCK9.OF SAID DONNER'SREPLAT;E 5 THENCENORTHD0'O3".'z1'EAST ALONGSAIDEASTERLY LINE.A DISTANCEOF ‘I25.DD FEET TO THE SOUTHERLYLINE OF LOT 12.BLOCK 9 OF SAID DONNER'SREPLAT;THENCESOUTH B§‘56'29'EAST,ALONGSAID SDUTI-IERLYLINE.A DISTANCE I T OF 1B5.DD FEETTO A POINT LYING ON THE AFORESAIDWESTERLYRIGHTOF WAY LINE OF FRANCISAVENUE:THENCE 5 T I I I SOUTHDD'O3'3'I"WEST,ALONGSAIDWESTERLYRIGHT OF WAY.A DISTANCEOF ‘I25.DD FEETTO THE POINT OF BEGINNING.I I — I I I IADOPTION.DEDICATIONand RESERVATIONS THIS IS TO CERTIH’CAPE CHARLESCDL.LLC,A FLORIDALIMITEDLIABILITYCOMPANYIS THE LAWFULOMIIEROF THE LANDSDESCRIBEDIN THE CAPTIONHEREONKNOWNAS LAMBO'SPLACEUNIT2 REPLAT.HAVING CAUSEDTHE SAME TO I BE SURVEYEOAND SUBDIVIDED.THIS PLAT BEINGMADEIN ACCORDANCEWITHSAID SURVEYIS HEREBYADOPTEDAS A I V "“"" TRUEAND CORRECTPLAT OF THOSELANDS I I own:IRREVOCABLYDEDICATESAND GRANTSA PERPETUALAND EXCLUSIVEEASEMENTTo THDSELANDSDELINEATEDAs I I , I "2D'UNOBSTRUCTEDEXCLUSIVEEASEMEN1”To THE CITYDr ATLANTICaEAcH.FOR THE PUBLICPURPOSESOF DRAINAGE L W ‘‘ 'ANDCDLLECTTDNAND STORAGEOF STDRMWATER.To CONSTRUCTANDMAINTAINPERMANENTINLETS.WEIRS.PIPES,UNES ~_1 :ANDDTHEREQUIPMENT.As wELLAs RECREATTDNAL.PUBLIC ACCESS.PARK ANDTRAILPURPOSES.ovER.ACROSS.UPON ~ 3 AND THROUGHSUCH LANDS.TDGETHERWITHTHE RIGHT,EASEMENT.PRMLEGEANDLICENSETo Do ALLTHINGS 4 .NECESSARY.USEFULOR CONVENIENTTo EFFECTANDENJOY SUCH LANDSFOR THE PuRPDsEs ABOVE-DEDICATED: I ; r SUBJECTTD.THE RESERVATIONor owNER,CONFIRMEDBY THE Cm.THAT—DESPITETHE EXCLUSIVEOCCUPANCYAND T‘ ; POSSESSIONOF THE CITY—TI-IELANDSso DEDICATEDSHALL REMAINATTRTEUTADLETo THEUNDERLYINGLDTS E,7,a :~I AND 9 FOR COMPREHENSIVEPLANNINGANDZONINGPURPDSESRELATINGTD THE MINIMUMLDT sTzE/AREA.LOT ,, V ........_,kn ,.I wIDTH/LENGTH.SETBACK/YARDSTANDARDS.LCT COVERAGE/IMPERVIOUSSURFACEREDUTREMENTSAND sTDRMwATER VICNTY MAP ; 5.DRAINAGERECUTREMENTS;PRDVIDEDPURTHERTHAT.OWNERSHALLERECTAND MAINTAININ coon CONDITIONIN ,3 1 PERPETUITYA WALL OR FENCE.To BE CDNSTRUCTEDOF‘wDDD.ALUMINUM,TRDN.RESIN OR OTHERUKE SUITABLE “‘“°5°“ MATERIALS.TO A MAXIMUMHEIGHTIN CCMPLTANCEWITHTHE CITYSCODE OF ORDINANCES.ON THE EASTERNBOUNDARY -‘ LINEOF THE DEDICATED'lD'EASEMENTPARCEL LANDS. AS TO THOSE LANDS LOCATEDON THE NORTHERNMOST7.5‘OF LOT 6 ON WHICHAN EXISTINGDRAINAGEEASEMENTHAS BEENCONVEYEDTO THE CITYOF ATLANTICBEACHBY THAT INSTRUMENTRECORDEDAT BOOK17403,PAGE 2453.(IR. DUVALCD.,THE CITYGRANTSTO OWNERA REVOCABLELICENSETO INSTALLWALKWAYSAND PAVERS IN SUCH 7.5' AREA.ANDTO INSTALLHVAC EOUIPHBITIN THESOUTHERN2.5’OF SAID EXISTINGDRAINAGEEASEMENT,SUBJECT TO LOT COVERAGE/IMPERVIOUSSURFACEAND OTHERREOIJIREMENTSOF THE CIT‘{‘S CODE OF ORDINANCES.PROVIDED HDWEVER.OWNERHEREBYAGREESANYANDALL SUCH PLACEDIMPROVEMENTSSHALL BE REMOVEDIN ORDERTO ACCOMMODATETHE CITYS REPAIR.IMPROVEMENTOR UTILIZATIONOF THE AREAFOR DRAINAGEPURPOSES.ANDWHICH SI-IALLXBDEEREMOVEDWITHINTWENTY(20)DAYS UPON WRITTENREOUESTMADEBY THE CITYAT THE OWNER'SSOLE COST AND E NSE. FURTHER.OWNERRESERVES.AND THE CITY CONFIRMS.A PERPETUALRIGHTAND NON—EXCLIJSIVEEASEMENTFOR DRAINAGEOVER.UPON,ACROSSANDTHROUGHLOT ‘ID.FOR THEBENEFITOF LOTS6 THROUGH9,SO LONGAS THE CLERKSCERTIFICATE THIS IS TO CERTIH’THATTHIS PLAT HAS BEEN EXAMINEDANDAPPROVED.AND THATIT COMPLIESIN FORM WITHTHE REQUIREMENTSOF CHAPTER‘I77.FLORIDA.STATUTES.AND SUBMITTEDTO ME FOR RECORDING.AND IS RECORDEDIN PLAT BOOK PAGES OF THE CURRENTPUBLICRECORDSOF DUVALCOUNTY.FLORIDA. DAY OF A.D..2OZ2.SIGNEDTHIS., CTRTCUITTIERTI DTz?ITTi"CT.‘f§IZ" PLAT CONFORMITYREVIEW THIS PLAT HAS BEEN REVIEWEDAND FOUND IN CDMPLIANCEWITHPART 1,CHAPTER177, II I . FIRST FIFTY PERCENT (snx)OF STDRMWATERATTRIBUTABLETo SUCH LDTS 5 THROUGH9 IS CONTAINEDAND TREATED DN SUCH LOTS IN CDMPLIANCEWITHTHE CITY'SCCDE or ORDINANCES.SECTION24-53,As MAY BE AMENDEDFROM ”"-°R'°"5”T“"E5»""5 -I I 9'“°F I I ~.*‘-°--2°??- TTMETO TIME. I I IN WITNESSTHEREOF.CHRISLAMBERTSON,MANAGEROF CAPE CHARLESCDL.LLC A FLORIDALIMITED LIABILITYCOMPANY.HAS CAUSEDTHESEPRESENTSTD BE SIGNEDTHIS ..,_DAY 07 ,AD»2011 FLA.LICENSENu.Is 5154 ..,BY:L..-, w1TNEs5 CHRIS LA . PRINT NAME; 7 CAPE CHARLESCDL.LLC SURVEYORSCERTIFICATE ,. THIS IS TO CERTIFYTHAT THE ABOVE PLAT IS A TRUE AND CORRECTREPRESENTATION WITNESS EH33;T OF THE LANDSSURVEYED.PLATTEDANDDESCRIBEDIN THE CAPTIDN.THATTHE SURVEY pR‘NT NAME: V H H _ V H st,4.X ..mm“:_mum.,_STMPH;La $72 WAS PREPAREDUNDERMY DIRECTIONANDSUPERVISION.ANDTHATTHISPLATCOMPLIES WITHALLOF THE SURVEYREOUIREMENTSOFCHAPTER177,PART I,PLATTING;THAT THE PERMANENTREFERENCEMONUMENTSHAVEBEENPLACEDACCORDINGTO THE LAWS OF THE STATE OF FLORIDAANDTHE CITYOF ATLANTICBEACH,FLORIDA.SIGNEDANDoBENDTF5SETI/1'IRONPIPE.STAHPEDus :57: STATE OF FLORIDA,COUNTYOF DUVALf E T AY or .D... THE FOREGOINGINSTRUMENTwAs ACKNOWLEDGEDBEFOREME BY MEANSor []PHYSICALPRESENCE. 5 “E0 H15 D A 2°22 E OR [1 DNLINENOTARIZATION.THIS .DAY OF No.55, I A.D.,2Dz2.BY CHRIS LAMBERTSDN.MANAGERor CAPE CHARLESCDL LLC.wHD IS PERSONALLY 1.HEARINGSAREaxsso an THEwas-ramPROPERTYUNE am: KNOWNTo ME DR WHOHAS PRODUCED___________.__-._.As IDENTIFICAIIONAND wHD g°';,':gg°D*.3=,,.3;,,;=;,S'.-,.g§,§,°*:.Lg;E°¢,*,vv:-m,,,,,,.,,.M,mm; ‘:DID (DID NOT)TAKE AN OATH.B:zIIZ,I‘>NDNNewsmE§IgITNzDA'éuI;°T9D:l(]NA.Dea).STA’:BO TES.RIDA N ‘I .SURVW T. .‘V .AS CCCC ._‘.....__SW,,,, §g?§,F,,,‘{s"-5",§§.,“E."§,,,"‘§{,,,',",?¥““’“O5”I“m"""5‘T“'’W“””‘'_‘,‘;.§oND B’5';TwR.GHT“,;.‘§'M' """"""""REVISEDPER COMMENTS: E NDTARY PUBLIC.STATE OF FLORIDAAT LARGE 'PROFEQONALSURVEEDR‘1;“MAP,“Amt D7 2022 PRINTNAME: L ,I, _ggggg-mgwgpI;"Lg.S;§D§§g£°gn5gN5gIggg¢_;1gcH;g§;g.5mT4;m=;g STATE DF FLORIDALICENSEN°-L57292 R,,,m,, COMMISSIONNCL:g;§°;,:g,s,;:~§g,§,,=g,=I4.:;-¢;*;;°,;*:E;g*;*:3It.;a*.,,,~:;;;;~§,+;,,;-::g,,*:,$,S PWTWRIGHTLAND 5UW°T-‘Y ‘NP I;I£.’t..°’..:%:I*.I."‘.°.I‘."..'::".’$'72s.7 W’‘"5 “°""‘°°“"“‘°"I’“5"W “I”“V 9‘‘°""”'“"“fJig1I)(ST)2l§I1_-‘I.1ESBDEFAOIEIFLORIDA32250 ‘”§'3TIw:'I:'>°:3§'ms"’I:°aT\Ts§’RV"°“$1"“I I “Y COWHSSION EXPIRES:*********-’—-WE‘-—----M "mm “mans °F “'5 ‘:°‘’""'Ucgus?u Bu',]NE5s pi,‘T3357:ACK?O}NVl1;IaEsDEACH.TLDETDA I * 904 4‘SD ’Agenda Item #8.D.09 May 2022Page 129 of 180 LA./I/B015’FLA CE [/_/|/]]’2 13519447’PL“£§1?§;;:“““:T SECTION 17,TOWNSHIP 2 SOUTH,RANGE 29 EAST A REPLAT OF LOTS 9 THROUGH 11,BLOCK 9,DONNER'SREPLATAS RECORDED IN PLAT BOOK 19,PAGE 16 OF THE CURRENT PUBLIC RECORDSOF THE CITY OF JACKSONVILLE,DUVAL COUNTY,FLORIDA ‘’FRANCIS AVENUE 1 1“‘D 30'R1947 OF VIA‘!VAVEDPUHUC ROAD SCALE:1'—ID PUNT OF EEGINNINQ \ Ls9o'°3f:1fvLL,3:.o9f_._ _,,_,?,,_ _sow=~a_»-w_saw __ S00W'31'W 125-00’‘:11 47.5 47 5 I 31,00‘-man’30.50’am‘-§“‘\~=‘;1a3545;,;_g,E-525437.75 I 2 L01 1 1 .4 IM 1 1'3 0 I ‘.I 1 — I s=nm'=I1,3:°9;_________________* 3;. ‘5*, '¢/-3 3 x :1;1 <U17 2 3:-5 ..n-.5:: M £3 25-’2'1 ezge'§': ‘'532 r—"5 9 §-"3 ‘B ‘B Q A3 smm!':1'vI 95.un'ggl?g?5 “Email:31’5 S .-g 4~—-<-~————w ~~~~~~v—'~~"-'**13-‘____§,_;n.,_u»-.,E T,1 03<5 ..4 g W E»5 13 u...A ...- o -D‘E "u:°=*=§=g .5 I-:H 3 E :8 < D:K3 o_- ‘ Tu -{:4 E’.3.-.4 ....~.5 Q 5%3%Low:E 1 0)kg §ggg Die T Q g g B -‘iii 51 xv ‘Di Z '1“soo'o3'3I'w moo’1?._1?2 m ._,,,__.m.-,,L.___,,,_,.,,,__§,§:-3.:1:?‘E,xi,.3 oz )-_Txn —gt a 2.1,2.3%<I »=is I:5 3 :e L T ‘3;Z 1-3 2 E 5 5;3 .‘Z W? E 1. L,.s°°v=':J'w sun’1 ___.J_u-_J.z.1 ______-,,_________ N‘4 3 D 2 2 Q :.O 20'unoasmumrnisxuusuvtEASEHEN1 ‘- ‘1 I I:..,.. §;:3,:2 mm 56.50 M“_.....M._§=;29,. ‘ ~\/RN SOWDIJVW 115400‘I LOT 5 ‘I 5;""‘n§ ‘:5 ‘g Q,"3 §5“-3 *u ».2 §21 A —* ‘E’s 9 M ~“" V’1 T i 1 Noon3‘31“:95.00’“°°"’“"‘“'°°'N_'-l1_§517.Z§;§£/N00‘D3’31'E 125.00’ E-526272.93 LOT 8 BLOCK5 BLOCK 9 DUNNEWSREPLAT DDNN3'5 REPLAY VLATBOW I9.PLAT BOOK15. PAGE 1E PAGE 15 ~PREPAREDBY:5 ;JASON II.BDATWRIGHT,P .5 _mam Rmsnumou no.LS72VZ ; :nnnwmcmum;summons.mc.« 1 1500 means nmvz . .1Acx3oNvIu.:aucu.YLDIIDA 3 (904)241-3550 ;Agenda Item #8.D.09 May 2022Page 130 of 180 LA./I/B015’FLA CE [/_/|/]]’2 13519447’PL“£§1?§;;:“““:T SECTION 17,TOWNSHIP 2 SOUTH,RANGE 29 EAST A REPLAT OF LOTS 9 THROUGH 11,BLOCK 9,DONNER'SREPLATAS RECORDED IN PLAT BOOK 19,PAGE 16 OF THE CURRENT PUBLIC RECORDSOF THE CITY OF JACKSONVILLE,DUVAL COUNTY,FLORIDA ‘’FRANCIS AVENUE 1 1“‘D 30'R1947 OF VIA‘!VAVEDPUHUC ROAD SCALE:1'—ID PUNT OF EEGINNINQ \ Ls9o'°3f:1fvLL,3:.o9f_._ _,,_,?,,_ _sow=~a_»-w_saw __ S00W'31'W 125-00’‘:11 47.5 47 5 I 31,00‘-man’30.50’am‘-§“‘\~=‘;1a3545;,;_g,E-525437.75 I 2 L01 1 1 .4 IM 1 1'3 0 I ‘.I 1 — I s=nm'=I1,3:°9;_________________* 3;. ‘5*, '¢/-3 3 x :1;1 <U17 2 3:-5 ..n-.5:: M £3 25-’2'1 ezge'§': ‘'532 r—"5 9 §-"3 ‘B ‘B Q A3 smm!':1'vI 95.un'ggl?g?5 “Email:31’5 S .-g 4~—-<-~————w ~~~~~~v—'~~"-'**13-‘____§,_;n.,_u»-.,E T,1 03<5 ..4 g W E»5 13 u...A ...- o -D‘E "u:°=*=§=g .5 I-:H 3 E :8 < D:K3 o_- ‘ Tu -{:4 E’.3.-.4 ....~.5 Q 5%3%Low:E 1 0)kg §ggg Die T Q g g B -‘iii 51 xv ‘Di Z '1“soo'o3'3I'w moo’1?._1?2 m ._,,,__.m.-,,L.___,,,_,.,,,__§,§:-3.:1:?‘E,xi,.3 oz )-_Txn —gt a 2.1,2.3%<I »=is I:5 3 :e L T ‘3;Z 1-3 2 E 5 5;3 .‘Z W? 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PAGE 1E PAGE 15 ~PREPAREDBY:5 ;JASON II.BDATWRIGHT,P .5 _mam Rmsnumou no.LS72VZ ; :nnnwmcmum;summons.mc.« 1 1500 means nmvz . .1Acx3oNvIu.:aucu.YLDIIDA 3 (904)241-3550 ;Agenda Item #8.D.09 May 2022Page 131 of 180 DRAFT3/31/2022 EXHIBIT”D” DEDlCATlO|\L ADOPTION &RESERVATIONLANGUAGEFOR PROPOSED REPLATS Lambo's Place Unit 1 Replat This is to certify Dutton lsland,PSL,LLC,a Florida limited liability company,is the lawful owner of the lands described in the caption hereon known as Lambo's Place Unit 1 Replat,having caused the same to be surveyed and subdivided.This Plat being made in accordance with said survey is hereby adopted as a true and correct plat of those lands. Owner reserves,and the City of Atlantic Beach confirms,a perpetual right and non—exclusiveeasement for drainage over,upon,across and through Lot 5,for the benefit of Lots 1 through 4,so long as the first fifty percent (50%)of stormwater attributable to such Lots 1 through 4 is contained and treated on such Lots in compliance with City Ordinance,Section 24-68,as may be amended from time to time. Lambo's Place Unit 2 Replat This is to certify Cape Charles,CDL,LLC,a Florida limited liability company,is the lawful owner ofthe lands described in the caption hereon known as Lambo‘s Place Unit 2 Replat,having caused the same to be surveyed and subdivided.This Plat being made in accordance with said survey is hereby adopted as a true and correct plat of those lands. Owner irrevocably dedicates and grants a perpetual and exclusive easement to those lands delineated as "20’Unobstructed Exclusive Easement"to the City of Atlantic Beach,for the public purposes of drainage and collection and storage of stormwater,to construct and maintain permanent inlets,weirs,pipes,lines and other equipment,as well as recreational,public access,park and trail purposes,over,across,upon and through such lands,together with the right,easement,privilege and license to do all things necessary, useful or convenient to effect and enjoy such lands for the purposes above—dedicated;subject to,the reservation of Owner,confirmed by the City,that —despite the exclusive occupancy and possession of the City -the lands so dedicated shall remain attributable to the underlying Lots 6,7,8 and 9 for comprehensive planning and zoning purposes relating to the minimum lot size/area,lot width/length, setback/yard standards,lot coverage/impervious surface requirements and stormwater drainage wall or fence,to be constructed of wood,aluminum,iron,resin or other like suitable to amaximumheightincompliancewiththeCity's Code of Ordinances,on the eastern boundary line of thededicated20'Easement Parcel lands.As to those lands located on the northernmost 7.5’of Lot 6 on which an existing drainage easement hasbeenconveyedtotheCityofAtlanticBeachbythatinstrumentrecordedatBook17408,Page 2453,O.R.Duval Co.,the City grants to owner a revocable license to install walkways and pavers in such 7.5‘area,and to install HVAC equipment in the southern 2.5‘of said existing drainage easement,subject to lot01606605-2 Page I 26 Agenda Item #8.D.09 May 2022Page 132 of 180 DRAFT3/31/2022 coverage/impervious surface and other requirements ofthe City's Code ofOrdinances,provided however, Owner hereby agrees any and all such placed improvements shall be removed in order to accommodate the City's repair,improvement or utilization of the area for drainage purposes,and which shall be removed within twenty (20)days upon written request made by the City at the Owner's sole cost and expense. Further,Owner reserves,and the City confirms,a perpetual right and non~exc|usive easement for drainage over,upon,across and through Lot 10,for the benefit of Lots 6 through 9,so long as the first fifty percent (50%)of stormwater attributable to such Lots 6 through 9 is contained and treated on such Lots in compliance with the City's Code of Ordinances,Section 24-68,as may be amended from time to time. 01506505»:Page I 27 Agenda Item #8.D.09 May 2022Page 133 of 180 Francis Avenue Drainage Acquisition Agenda Item #8.D.09 May 2022Page 134 of 180 Drainage Acquisition Project Project consists of the purchase and eventual improvement of two lots off of Francis Ave where localized flooding exists -Primary Goal °Provide Additional Stormwater Storage Capacity in a Drainage Basin that performs poorly °Secondary Goals °Provide Access to Existing COAB Parcel for Maintenance °New Pedestrian access between Simmons Rd and Dutton Island Rd Agenda Item #8.D.09 May 2022Page 135 of 180 Agenda Item #8.D.09 May 2022Page 136 of 180 Francis Ave Area Drainage Basin ia;‘E-‘a'r:L‘.‘ LOCAL DRAINAGE BASIN BOUNDARY IW Agenda Item #8.D.09 May 2022Page 137 of 180 Francis Ave iAreaStormwater Nework ;,,:‘i‘u '.-,:_g A aI|ab|e.vParche|six‘. _ In Drainageway Drainage Basin ‘ Boundary Agenda Item #8.D.09 May 2022Page 138 of 180 Agenda Item #8.D.09 May 2022Page 139 of 180 Agenda Item #8.D.09 May 2022Page 140 of 180 -Parcels to be split off existing lots and are 55 Feet wide -Parcel 1 Appraisal -$74,000 -Parcel 2 Appraisal -$106,000 _1.5;‘:FRANCISAVENUEIn:M..1 ... °Asking Price —$175,000 -SW Fund Unrestricted Balance —$610,000 was3:‘ "“.".“"'summonsROAD 'Agenda Item #8.D.09 May 2022Page 141 of 180 Page 142 of 180 CITY OF ATLANTIC BEACH (TITY COIVIIVIISSION lVlEETlN(i STAFF REl’()R’I‘ AGENDA ITI§l\’l:()r(l.N0.90-22v247 (REZN22»OOOl —(3fficial Zoning l\/lap SUBMITTED BY:Alnancla Askew,Director of Planning,and Cornununity De vel op nn ent TODAY’S DATE:April 27,2022 IVIEETING DATE:l\/lay 9,2022 BACKGROUND: On April 25"‘Cornrnission approved on ?rst read the request (REZN22—OOOl)to arn en d theofficial zoning rnap for 275 Sail?sh Drive froth Residential,Single—Fa1niIy (RS—l),Residei1tial,Sin gly — Far nil y (RS—2),Residential,General,lVlulti—Fan1ily (RG—l\/I),and Colnlnercial Gene|‘al (CG)toResiden tial,General,l\/lulti—Farnily (RG—l\/I).The applicant is seeking the rezoning to coine into coinp lianc e withthe current used (apartlnents/inulti—thmily)and the Future Land Use l\/lap (Fl_.Ul\/J)designation. The subject properly was de ve lo pe d asa32 unit apartinent coinplex i1975.This property is located on th e eastsideof Sail?sh Drive approxin-lately 400feetnorth of/Xllantic Blvd.and is 1.89 a c r e s insize. The property is coxnprised often(10) different platted lots.Seven (7)arewithin the RS—2 zoning district,one ( 1 ) islocatedin the RS—l zoning district.o ne (1)iswithin the RG—lVl Zoning district,an d one(1)parcel is zoned CG.As a result.t h e propertyis considered “legally non— confor|- ning" since the only zoning district thatallo ws multie family developrnent with th re e (3)orlnore units is R(_‘u—I\/l.Legal non— confoI' n1ing uses, such as this,are allowed tocontinue (“grandfathered”)as is,how ever theyn-lay not be relocated or expanded.1 uvjm A..,:...‘.c—.s.;;.flE§!ll— The applicant has recently purchased the pro pert y andisin the process or renovating the apartrnent build ings. Thecity ,....._connnunicated to the applicant that the site isl-2|R31 R‘""""""""¥""r""""due to the nulnber ofrcsidential units.While propert y can-R6 M R._".',._"".n,’G.,m_m,__""m_Fm"ib_continue to be used as is,any potential additi ons ( iilcludi ng accessory structures)would not be allowed an d wou ld require a rezoning.The applicant has expressed th e desi re toadd soxne outdoor ainenities (patio area with grills)howe ver, due -RS-I Rvsirft-uliul..smgI.«-rmum K (‘G (alm...»m'..I.o.»u.»m:Agenda Item #9.A.09 May 2022Page 143 of 180 to its non—confoi‘ining statutes this is not possible unless the pI'0])Ci1y is rezoned to RG— lvl. The applicant vvas approved for a FLUIVI alnendincnt in 2021 to change the density designation to Residential High (RH). This pI'()pei'ly also had various land—use designations that did not niatch the current densities.This perrnits a total of 37 units on the site (1.89 acres X 20 units per acre).The approved FLUl\/l arnendirient in conjunction with a zoning rnap arnendrnent to R(3-lVl would lnake the existing nurrlber of residential units (32)and residential use confoririing. _|I I —I I _tH -‘Atlaiitic II—|ll ANALYSIS Pet‘Section 24-62(c)(2)of the Land Developnient Code,the Corninunity Developrnent Board shall “indicate the relationship of the proposed rezoning to the Cornpi-ehensive Plan for the City and provide a ?nding that the requested change in zoning is consistent with the Coinprehensive Plan".The subject property request to change _ R-=|?°M|-I I-ow D-n- My (RLI the entire pi-openy to Residential,General,Multi—i=ami1y “°“’“"“°’"‘”°""‘““"“”""‘°'° zoning district rnatches the appropriate FLUNI designation of I "°‘*"’°""""“°"'""' __‘.___Seven (7)lo lourtesn (14)d w el li n g unitsneracre Residential High Density (RH)in the Coinprehensive s Plan -Rusldontlal High Densit y (RH)FLUM-em..."(157 in twenty (20)? v ...-msDarseie Z Saltalr Bualnalu —comm-rciai (cm) The Coinniunity Development Board voted to recominend approval of rezoning applicationandthe associated ordinance. REQUIRED ACTION Coinrnission recornrnended approval ofthe request on ?rs!read on April 25"‘and will n e e d toholda second public hearing to consider the request and associated ordinance. city commission,by ordinance,rnay arriend the official Zoning l\/lap designation or said pro per ty, orit may deny the request.In the case ofdenial,the city commission shall therea?er take no f u r t h e r action on another application for substantially the sanle proposal,on the san-ie property.until a ? e r three hundred sixty—?ve (365)days frorrl the date of the denial. BUDGET:none RECOlVll\/IENDATION:Review and vote on REZN22—OOOl and Ord.No.90-22-247 Agenda Item #9.A.09 May 2022Page 144 of 180 ATTACI-lNll7.NT(S):Ord.No.90-22-247 Cornxnunily Developrncnl Board (CDB)rninules Application REVIEWED BY crrv MANAGER:($5/Zs.Agenda Item #9.A.09 May 2022Page 145 of 180 ORDINANCE NO.90-22-247 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL,STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL, SINGLE—FAMILY (RS—1),RESIDENTIAL,SINGLE- FAMILY (RS-2),RESIDENTIAL,GENERAL,MULTI- FAMILY (RG-M)AND COMMERCIAL GENERAL (CG)TO RESIDENTIAL,GENERAL,MULTI-FAMILY (RG-M);PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Atlantic Beach,Florida hereby ?nds that the change in zoning classi?cation enacted by this Ordinance shall provide for orderly growth; encourage the appropriate use of land;protect and conserve the value of property;prevent the overcrowding of land;promote,protect and improve the health,safety,comfort,good order, appearance,convenience,and general welfare of the public;and implement the goals and objectives of the Comprehensive Plan;and WHEREAS,the lands subject to this change in zoning classi?cation were largely developed in 1975 prior to signi?cant changes to the Land Development Regulations and the Of?cial Zoning Map;and WHEREAS,the Community Development Board held a duly noticed public hearing on March 15,2022,to consider this Ordinance,found it to be consistent with the City’s Comprehensive Plan and voted to recommend that the City Commission approve this Ordinance;and WHEREAS,the City Commission considered this Ordinance after proper public notice and comments from staff and the public. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Findings of Fact.The above recitals are hereby incorporated as Findings of Fact in support of this Ordinance,and the City Commission ?nds as follows: as set foith in Sections 24-51,24-62 and the Land Development Regulations.b.The proposed rezoning to Residential,General,Multi-Family (RG-M)is consistent with theFutureLandUseMapResidentialHighDensity(RH)designation and the goals,policiesandobjectivesoftheCity’s adopted Comprehensive Plan.c.All development within lands subject to this rezoning to Residential,General,Multi-Family(RG-M)and any future development shall be consistent with the zoning,subdivision,LandDevelopmentRegulationsandotherapplicableprovisionsoftheAtlanticBeachCodeofOrdinancespriortoissuanceoflocalpermitsauthorizingconstructionorsitealteration.Ordinance No.90-22-247 Agenda Item #9.A.09 May 2022Page 146 of 180 d.The zoning district classi?cation of Residential,General,Multi-Family (RG-M)is consistent and compatible with the surrounding development and zoning districts in that the adjoining properties to the east are designated Residential,General,Multi-Family (RG—M)and Residential,General,(RS-2),properties to the north are Residential, General,(RS-2)and Residential,General,(RS-1),properties to the west are Residential, General,(RS-1)and Commercial General (CG),and properties to the south are Commercial General (CG). SECTION 2.Affected Properties.Pursuant to this change in zoning district designation procedure, the zoning district classi?cation of those certain lands within the City of Atlantic Beach,as more particularly described in Exhibit A,attached hereto and made a part hereof,are hereby reclassi?ed as Residential,General,Multi-Family (RG-M)from Residential,Single-Family (RS-1), Residential,Single-Family (RS-2),Residential,General,Multi-Family (RG—M),and Commercial General (CG).This reclassi?cation does not grant authority for any speci?c uses on said lands. Any proposed use on said lands shall be reviewed and approved in accordance with the provisions of Chapter 24,Land Development Regulations. SECTION 3.Zoning Map Revised.The Director of Planning and Community Development is hereby directed to revise the of?cial Zoning Map of the City of Atlantic Beach to re?ect the change in zoning classi?cation for those properties described in Exhibit A from Residential,Single-Family (RS-1),Residential,Single-Family (RS-2),Residential,General,Multi-Family (RG—M),and Commercial General (CG)to Residential,General,Multi-Family (RG-M). SECTION 4.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 5.Severability.If a Court of competent jurisdiction at any time ?nds any provision of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading this 25”‘day of April,2022. PASSED by the City Commission on second and ?nal reading this day of ,2022. CITY OF ATLANTIC BEACHEllenGlasser,MayorOrdinanceNo.90-22-247 Agenda Item #9.A.09 May 2022Page 147 of 180 Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Brenna M.Durden,City Attorney Ordinance No.90-22-247 Agenda Item #9.A.09 May 2022Page 148 of 180 Exhibit A The lands subject to this Ordinance No.90-22-247 changing their zoning district designation from Residential,Single—Fa1nily(RS-1),Residential,Single-Family (RS-2),Residential,General, Multi-Family (RG—M),and Commercial General (CG)to Residential,General,Multi-Family (RG~M)shall be those described on the attached survey. Address RE Number Legal Description 275 Sail?sh Drive 170579-0010 See attached survey Ordinance No.90-22-247 Agenda Item #9.A.09 May 2022Page 149 of 180 ALVA/NSPS Lnun nu: mm»- '2 Agenda Item #9.A.09 May 2022Page 150 of 180 IVIINUTES Conununity Developlnenl Board (CDB)Nleeting Tuesday,1V[arch I5,2022 —6:00 PIVI Colnnlission Chanlber Li da Lanier,Member er Lagner.lvlelnb K.k Hansen,CDB chair Jame Nloyer.Member Syl Simmons.l\/lclnbl-:l' Jell Haynie.|\/Ienlher Ellen Golombek.Member Absen None Also Preseni:Brenna Durden.City /\l\‘c)I'rlr:y (CA) Amanda Askew:Plzlnnillg and Colnlnllnily I3c\'e|0plnI:nl (PCI)D) Valerie Jones.Reeor ng Clerk I.CALL TO ORDER AND ROLL CALL 2.APPl{OVAL OF NIINUTES A.Approve minutes of the February 15.2022 regular n|eeKing theCovnmllnity Development Board. 3.OLD BUSINESS There vvas no old business. 4.NEVV BUSINESS A.2337 Seminole Road ZVAR22-0004 (IVI -hnel Dunlap) Request for a variance frorrl Section 24—68(b)(2)to reduce lhe requi red onesilestorage ofslorlnwater at 2337 Selninc-Ie Road. STAFF REPORT:Direeior Askew presented me inforlnzllion as e x p l a i n e d inmesi-arr repori.She also provided a PowerPoint presentation. Mr.Haynie asked iruie 250 square rooi u-igger is one or the new addedin 2019.Direeior Askew said it was added in 2019 prior to the lnajor co de updateandis directly related to reducing ?ooding and impervious surface area.Mr.Haynieasked whal slrict eon-iplianee would look like.uireeior Askew said isalnalhelnali calequationlookingai|I\c voll.ln1t:or stornlwater generated on site and that volulne.she said dirterenl lnethods can be used depending how the st o r a g e isdesigned. soils and oiher eondiiions.Ms.siinmons asked if the applicanl wouldhavelo accolnlnodate For the existing project and the addiiional 900 square fDirectorAskew c nunity Bl:n1rd(cna) NlnrcllIS.21122 PageIQF4 Agenda Item #9.A.09 May 2022Page 151 of 180 said there are 2 triggers:1)addition of 250 square feet and 2)the 50%market value of the structure (not including the land),then you have to bring the entire site up to compliance.Ms.Golombek asked if it was a ?at 250 square feet or if there was a schedule.Director Askew said it was based on the 250 square feet alone.Ms.Durden read the section of the code pertaining to this and further clari?ed it for the Board. APPLICANT COMMENT:Michael Dunlap of 1120 22nd Avenue in Jacksonville Beach introduced himself as the architect for the project.He explained some of the history of the house and spoke highly of its unique architecture.Mr.Dunlap believed there was suf?cient retention on the lot which is 1.3 acres.He explained that cost for stormwater retention was a concern for the owner. Ms.Simmons said she was concerned about the direction of the drainage after the new construction.Mr.Dunlap said the existing conditions wouldn't change and there currently isn't an issue with drainage.He con?rmed for Chair Hansen that this would be an addition to the first unit and not an additional 4th unit.Mr.Dunlap explained that the addition would be a mix of living area and a covered area with 8'overhangs.Mr.Haynie asked if there were any other options considered that would meet the code.Mr.Dunlap said this is the 2nd option they have considered.Mr.Moyer asked what the drainage designer thought of this option.Mr.Dunlap said they were hoping for a favorable outcome of the variance request so they didn't bring the drainage designer. PUBLIC COMMENT:Chair Hansen opened the ?oor to public comment.Ms.Durden held the swearing in.Allen Wankat of 60 Seminole Landing Road introduced himself as the neighbor to south.He said he currently experiences washout from the pool.Mr. Wankat was concerned that the current swale would be covered up during construction. Don Ford of 338 6th Street introducedhimself as project manager for the applicant.He spoke in favor of the project and said he would not allow any additional run—offto any adjacent properties.Sarah Bohr introduced herself as the applicant.She spoke about the excellent drainage that the property has had during the past 26 years. BOARD DISCUSSION:Mr.Dunlap confirmed for the Board that there are 3 units. Ms.Lanier asked whether the swale would be ?lled in during construction.Mr.Dunlap said they have a permit to put in 50 cubic yards east of the new deck which would ?ll 1/3 of the swale in.Ms.Durden con?rmed for Ms.Golombek that the property owner can only ask for a retention exception one time and any future additions would have to meet code.Ms.Lagner asked who calculates the retention and do they take right—of- ways into consideration.Director Askew said Public Works does the calculations and it is based on the boundaries of the property.She con?rmed for Ms.Simmons that the existing swale is on the property.Ms.Lanier disclosed that the owner of the property is supportHesaidthat he is concerned about the run—offthat the neighbor spoke of.Chair Hansensaidthatsincethereisawaytopreventfuturerun—offthen it should be done.Mr.Moyeraskedifthevariancewasapprovedandthenlatertherewasanissue,could the Citymandatethattheapplicant?x it.Mr.Haynie said he just didn't see a grounds under whichthecodeshouldn't be complied with.Ms.Simmons suggested grounds #1 but Mr.Haynie didn't think that had been proven.Ms.Durden added that if the variance isCommunityDevelopmentBoard(CDB)March 15,2022Page2of 4 Agenda Item #9.A.09 May 2022Page 152 of 180 app:-twcd lhc on-site stormwutc.-r reqtiireinent would go znvay.lvls.l. ? g l \ suit!Ihcri:is a code For 2:reason and lhcri:. would cause her to zippro\/e the variance.lvls. dc in )dCl anyone. not an engineering study and one x x .Lanier asked ifthc arcll ilecl hadadditional .n'tpt'CSt2I1i €Ll tlll 2 Dunlap said the sxwzile is in the center olilhe lot and vvnuldn't he ub le toovcrlkwvlo I le said the water coines offthc |'(vt)I'witl1 even distrib ution. Mr.Dunlap said the site is sand and il soaks up water very effectively creating aretentionplan naturally.N1 Bohr the neighbor that expressed concern about run—off. [W0 T10/V ll/lulian.‘Je_f_/’Ilaynie Seconll:Jenn ifer L uglier Linda Lnnier 4grlinst J all It [fer L rlgu er (Secan rlell B y)F or Kirk Hllllsell For Jtuues llloyer A gains!‘ S_1’l viu Sirunlons .4grIiIl I Je_)]"Hn_1>I:ie (A/Iovetl By)For Ellen Golornbek For Mmion ptlsserl 4 m 3. B. aid that the building__-that she is Constructing i ab ou t 75feetfroln To DENY 7.VAR22—0()O4 due to there being no ;,_zrounds for §UH '?lli?li»REZN22E?I@mi r El?n .9?FZ2c&’9'4 §?Fa.-111:): Request for a rezoning of 275 Sailfish Drive (RE #170579-0010)F R O M Residential, Single Farnily [RS—1],Residential,Single Farnily (RS—2),Residential,General,Multi» Family (RG—M),and Commercial General (CG)TO Residential,Ge ner al. Multi- Fan1ily[RG—M)(existing condition). STAFF l{El’()RT:Director Askew presented the inforn-nation as inthestaff report.She also provided a PovverPoint presentation. APPLICANT CONIIVIENT:The sipplicanl vvas not present at this lll‘ I‘ le butdidarrive later. B()ARD DISCUSSION:Chair Hansen asked ifthis was the next st e p towhattheBoard has already approved in order to bring this property into colnpliance withtheFuture Land Use l\/lap and Zoning District.He added that the owner is agreatjobor Fixing the property up.lVlr.Haynie asked irit stayed the \vay it is t h e n wouldthattnean that the owner couldn't expand or doing anything to the sti-nettu-e.Askewsaid that was correct and would bring the zoning into cotnpliancc with FutureLandUse Nlap designation and in-ake lhe existing use (mulmromily)eonrorming. (ronununny Bnllrll((?DB) Mmch15.2022 Page3of4 Agenda Item #9.A.09 May 2022Page 153 of 180 »-SII0~_A‘.Ia2B.Q.V:E Recalntnexlda?ictl""hr Commission ofRE- ZN22e 0Km‘: 1Il|40Ii0II:Lillrltl Lnnier Second:.le_[_”fHrLvnie Linllrl Lrluier (l|4ave(I By)For .Ienn1_‘fel'Lttguer For Kirk Flunsen F01‘ Jrunes ll4o_ver For .§_vIvia Sinnnons For Je1'rHn_wn'e (Secolrtlerl By)For Ellen Gololrrbek For 1H0IEf:H%;§E&7."?KQ 5 .REPO RTS 6.PUBLIC C()IVll\/IENT There were no public coxnrnents. 7.ADJOURNMENT There being no further discussion,Chair Hansen declared the rneeling adjour ned at6:50p.xn. Atleslz Arnanda Askew Kirk Hansen,Chair Culnmllllily Board(CDB) lVlnrI:hI5.1022 Page4nf4 Agenda Item #9.A.09 May 2022Page 154 of 180 REZONING APPLICATION FOR INTERNAL USEONLY City of Atlantic Beach HLE "REZN 22— 0OO‘l Community Developmenr Department 800 Seminole Road Atlantic Beach,FL 32233 559030 zoning M ap Amendme nt(P)904247-5800 CI $1 .O0O.C|O Text APPLICANT INFORIVIATION NAME EMAIL Jean@skyen(erprises.corn ADDRE55 2300 Marsh Point Rd Suite 301 PHONE I’304.853.6801 CW‘!Negiune Beach STATE FL 2"’CODE 32256 CELL '‘407.217.3255 SITE INFORMATION ADDRESS 275 Sailfish Drive East Atlantic Beach FL 32233 “:4 l1~2s2nE 7.0 sauna sEc I LOYS 530.531 To 592.Nw 1/2 sr CLOSED av um um.onus. 5UBD|V|5|0N as-nsu.ssanazu 31-:some PALMS unit an.tO‘l’17 a|.>(21.>r sec 35-zs-2wE Rzco am 3:4:-:94 BLOCK LOT 3 zones :RS-1, LOT/PARCEL SIZE ZONING CODE E5,“,8‘" ° ” ° ° " ‘ ""G°“°’“""”"' :2 :42 COMPREHENSIVE PLAN FUTURE LAND use DESlGNAT|ON Residential General Mulli Family REM 110579 REQUESTED PROV!IONS FROM WHICH WAIVER ls SOUGHT The existing apartment complex is Residential G e n er al Mulll Family and would like to bring it all up to code conforming lo the zoning district. PROVIDE ALL OF THE FOLLOWING INFORIVIATION: 1 .The names and addresses of all owners of the subject property. 2.The existing and proposed zoning district of the subject property.(Requested Action) 3.A statement of special reasons and Justification to support the rezoning as requested. 4.The signature of each owner of the lands sought to be rezoned. ATION PROVIDED ls CORRECT:Signature of Properly Owr1er(s)or Authoriz ed Agent é’Jaan Bakkes 3/22 PRINT OR TVPE NAMESIGNATURE SIGNATURE OF APPLICANT (21 PRINT OR TYPE NAME Signed ago sworn before rne on this JL day of m.9512:by sraie of - 3 C0.v\Tbqk.\c:_A County or \5;V2 Identi?cation verified:Qf??nal/Lu l<.lr\¢z.g,2 A.r.. oamswomz clves @3243:.Vlrglnla Weaei K/?e? E‘; ‘_;.,§c(X4MlSS|0N#GGZ33893 No-ar gr-auue es‘Mycomrnlsslon expires 2 Agenda Item #9.A.09 May 2022Page 155 of 180 Page 156 of 180 CITY OF ATLANTIC BEACH WAIVERHEARINGPROCEDURES WAIV22-0002 (1964 Francis Avenue —waiver for fence height) WAIV22-0003 (1964 &1980 Francis Ave.-waiver for stormwater) Quasi-judicial proceedings,such as rezonings,uses by exception,variances and waiver requests,are not controlled by strict rules of evidence and procedure,but certain standards of basic fairness must be adhered to in order to afford due process.In quasi—judicialhearings,the parties must be able to present evidence,cross-examine witnesses and be informed of all of the facts upon which the Commission acts.The hearing must be fair and impartial and contain the following requirements: Notice Quasi~judicial hearings can be very informal.The record must be made at the hearing and the parties must be able to comment on the evidence or to introduce contrary evidence Written decision.The decision must be based on the record as it is produced at the hearing and should include an analysis of the applicable statutes,ordinances, regulations and policies as well as the facts Fairness protections require an unbiased decision maker and decisions are to be based on information presented at the hearing and made a part of the record Suggested Procedure for Waiver Hearing,WAIV22—002 &WAIVE22-003 Mayor to Open Hearing City Attorney —Procedural reminders/correspondence made part of record/swearing in of staff,applicant and any person(s)wanting to testify before Commission on this matter. Disclosure by the Commission members of any ex parte communications (per Resolution 95-26,each Commissioner must disclose the subject of the communication and the identity of the person,group or entity who made the communication before ?nal action). Staff presents an overview of the subject matter and timeline of the application. Applicant,and/or Applicant’s legal counsel,present the request and support for approving the waiver request and Applicant’s witnesses,if any,make presentations. Public comments —3 or 5 minutes,depending on number of speaker cards submitted to Clerk. Closing comments/rebuttal by Applicant (may include cross-examination if requested). Commission deliberation and action,based on provisions set forth in Section 24-190, Land Regulations, Per Section 24-190,Commission can approve a waiver if they ?nd that undue hardshipduetounreasonablepracticaldif?culties may result from strict compliance with thearticleforsubdivisions,and the waiver to the requirements of the article if the waiverservesthepublicinterest.The city commission shall not approve a waiver unless it determines as follows:(1)The particular physical conditions,shape or topography of the speci?c propertyinvolvedcausesanunduehardshiptotheapplicantifthestrictletterofthearticleiscarriedout.Agenda Item #09 May 2022Page 157 of 180 (2)The granting of the waiver will not be injurious to the other adjacent property. (3)The conditions,upon which a request for waiver are based,are peculiar to the property for which the waiver is sought,are not generally applicable to other property and do not result from actions of the applicant. (4)The waiver is consistent with the intent and purpose of this chapter,the comprehensive plan and the requirements of this article.If the city commission approves a waiver,the city commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this article. REFERENCED CODE SECTIONS IN STAFF REPORT Sec.24-190.-Waiver for subdivisions. (a)General.Where the city commission ?nds that undue hardship due to unreasonable practical dif?culties may result from strict compliance with this article for subdivisions only,the city commission may approve a waiver to the requirements of this article if the waiver serves the public interest. (b)Conditions of waiver for subdivisions.An applicant seeking a waiver shall submit to the city commission a written request for the waiver stating the reasons for the waiver and the facts,which support the waiver.The city commission shall not approve a waiver unless it determines as follows: (1)The particular physical conditions,shape or topography of the speci?c property involved causes an undue hardship to the applicant if the strict letter of the article is carried out. (2)The granting of the waiver will not be injurious to the other adjacent property. (3)The conditions,upon which a request for waiver are based,are peculiar to the property for which the waiver is sought,are not generally applicable to other property and do not result from actions of the applicant. (4)The waiver is consistent with the intent and purpose of this chapter,the comprehensive plan and the requirements of this article.If the city commission approves a waiver,the city commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this article. Sec.24-221.-Generally. subdivisions platted but not developed,shall contain improvements designed and constructedaccordingtotherequirementsandspecificationsofthisarticle,the comprehensive plan,andapplicablepolicies,regulations and ordinances of the city and laws of the State of Florida.Where development contains or impacts previously existing streets used to access thedevelopmentorimpactsstormwaterandutilityfacilitiesthatdonotmeettherequirementsofcurrentdevelopmentstandards,the applicant shall be required to improve such substandardfacilitiescontainedwithinorusedbythedevelopmentorredevelopmentprojecttocurrentstandards,unless specifically exempted herein.It is the intent of the city that new development Agenda Item #09 May 2022Page 158 of 180 shall inake improvetnents to substandard facilities to the extent that the developrnent such facilities. The following services and facilities shall be required improvements: (a)Streets designed and constructed according to the standards and requirernent s ofthis article and this chapter. (13)Sidewalks designed and constructed according to the standards and requirerne nts ofthis article. (c)Approved street signs with block or address range numbers as provided fin__ cI1a QterQofthisCode,rnarkers,traffic signs and signals to control and circulate traffic with in the subdivision in accordance with the Florida Uniform l\/Ianual ofTraf?c Control De vic es, as published by the Florida Departrnent ofT1‘a11sportation. (e)A sanitary sewer system or an approved individual sewage disposal s y st e m inthe absence of access to a.central sewer system,based on the requirenients of t h e Stateof Florida regulating the sanitary facilities for subdivisions,the provisions of t articl e or other applicable policies,laws.ordinances and regulations.(See section 24-260.) (f)A centralized water system,unless an individual water supply system is perrn itted, based upon the required standards of the State of Florida,the provisions of this articl e andother applicable policies,laws,ordinances and regulations. (g)Parks and recreation dedication,as speci?ed in section 24-257 ofthis article , (h)Electric,telephone,gas and other utilities shall be constructed underground andshall be designed so as to rninirnize obstruction ofpedestrian and vehicular traffic (i)Such other irnprovements as deemed necessary to comply with the requirernen ts ofthis article and to protect the public health,safety and welfare because of topography orother conditions unique to the land. Sec.24-251.—General requirements. All required irnprovernents shall be designed by a Florida registered professional engin eer.Construction plans shall be prepared in accordance with applicable local,state a n d federal standards.Construction plans shall be approved by the city prior to construction ofimpr ovemen ts, and issuance of a building permit shall constitute approval to commence develop ment. The requirenients within this division shall apply to all irnprovernents and all development,assetforth herein,including irriprovernents within subdivisions,planned unit developments,spe cial planned areas,approved site plans,and any other developrnent projects,including individual lotsand parcels,where applicable.Construction plans shall address each ofthe following requir einent s and shall provide sufficient inforrnation to demonstrate compliance with all applicable of these land developrnent regulations,the Florida Building Code and any other appl icab le state or federal regulations.Agenda Item #09 May 2022Page 159 of 180 (a)Conforrnity to city policies.The division and developinent of land subj ect tothese regulations shall be in conforrnance with the goals,objectives and poli cies ofthe con-lprehensive plan as well as all other applicable local,state and federal regulating the division and development of land. (I3)Use of natural features.The arrangement of lots and blocks and the street sshall rnake the most advantageous use of topography,shall preserve rnature trees,natural features and environn1entally sensitive areas,wherever possible. (c)Soil and ?ood hazards.Development shall not be approved unless all land i n t e n d e d for use as building sites can be safely and reasonably used for building purpos es without danger from ?ood or other inundation,or from adverse soil or foundation c o n di ti o n s, or from any other menace to health,safety or public welfare.In particular,la n d s thatare within the 100-)/ear flood—prone areas,as designated by the Federal E m er ge nc y l\/Ianagement Agency,Federal Insurance Administration,shall not be subdivid ed and/or developed until proper provisions are made for protective flood control m e as ur es and storrnwater management facilities necessary for flood—free access to the sites.A ll lotsand building sites shall be developed such that habitable space is constructed at amini mum?nished floor elevation of eight and one—half (8.5)feet above mean sea level o r withtwo and one»half (2.5)feet freeboard,whichever is greater. Flood protection provisions shall be approved by the administrator to assure thatfillor grade level changes will not alter the natural drainage or adversely affect ot he r areas downstream through added runoff or adverse impacts to water quality. (C1)General construction methods.All design and construction methods shall co nf or m to the requirements of these land development regulations and all design and standards referenced therein including,but not limited to:Florida Dep art men t of Transportation D1'ainage Design I\/Ianual,Standard Specifications For Road an d Bridge Construction,Manual of Uniforrn l\/Iininiurn Standards for Design,Constru ction and l\/Iaintenance of Streets and Highways. (e)Paving and drainage engineering plans shall demonstrate compliance withthe storrnwater management provisions of sec n 2 8 ofthese land development re gu lat io ns depicting all necessary elevations,treatment of intersections,design grade pave men t,the width ofright—of—way,width and type ofpavement.Topographic inforination depic tingexistingandproposedditches,swales,niajor drainage channels and other drainag e faciliti esandsystemsshallalsobeprovided. (2)Pro?le sheets of all streets and underground structures to be c o n s t r u c t e d , together with elevations shown for existing streets and utilities. (3)A written design recomnaendation for asphalt and base course design s prepar edbyaFloridalicensedgeotechnicalengineerbasedonfieldtestingofe x i s ti n g soils. Said design recornrnendation shall be submitted prior to the cornrnencernent ofany street construction or any construction of storrnwater management facil ities .Agenda Item #09 May 2022Page 160 of 180 (4)Provision for erosion control.Siltation curtains,or other such ero sio n control barriers will be required to prevent erosion and displacement of soil sand,and shall be shown on paving and drainage engineering plans,and shall inspe ctedandcerti?ed by a quali?ed erosion and sedilnent control inspector p ri o r tothe commencement ofany land clearing or development, Sec.24-157.—Fences,walls and similar structures. (:1)Permit required.Issuance of a perinit is required for any new or replacement f e n c e orwall, and all new or replacement fences and walls shall comply vvith the following pro vis ion s. Nonconforming fences shall not be replaced with nonconforming fences.The term fe n ce andwall I-nay be used interchangeably within this chapter,and shall rnean as specifically defined within secliun 24-17.Fences must be constructed out of rnaterials that are customarily usedfor fences. (b)Height and location‘ (1)Withili required front yards,the maxiniuln height of any fence shall be (4)feet, except that open ornarnental 8lLIl'11i'l1lIl‘I1,iron or vinyl or wood fences,similar tthebelow examples,vvith vertical rails no more than two (2)inches in width and spacing ofatleast four (4)inches may be constructed to a maximum height of five (5)feet except incasesas described in following subsection (2).Within required side or rear yards,t h e rnax irnu rnheightofanyfenceshallbesix(6)feet. “I I Figure 1 0 Frlont Yard Fence Design/Iieigl-H (2)The height of fences shall be measured frorn the established grade at the fe n c e location to the horizontal top rail of the fence.The use of dirt,sand,rocks,timbers,orsimilar rnaterials to elevate the height of a fence on a.mound or above the established gradeis prohibited. (3)The maximum height of retaining walls on any lot is four (4)feet.A minilnu m offolty (40)feet shall separate retaining walls designed to add curnulative height or isite elevation.Signed and sealed construction and engineering plans for retaining wal ls over thirty~six (35)inches in height shall be required. (4)For non—oceanfront lots witli uneven topography along a side lot line,t n- linir nurnnecessaryrakeofthefence,which is the ability for a fence to adjust to a sl op e, shallbe allowed for the purpose of rnaintaining a consistent horizontal line along the andrear ofthe lot,provided that the height closest to the front ofthe lot does not exceed six(6)feet. (c)Corner lots.Fences,walls,sin-lilar structures and landscaping on corner lots m ay create obstacles to clear Vehicular.bicycle and pedestrian sight visibility resulting in a safety hazard.Notwithstanding the following provisions,clear sight visibility for fe nc es , walls, landscaping or any structure proposed along the street side of any corner lot shall be and approved by the planning and corninunity dcveloplrlent director,or designee,prior t o iss ua nc e of Agenda Item #09 May 2022Page 161 of 180 the permit required to construct,place or replace any such feature.Sight triangles asde?ned within section 24:L7 shall remain free of visual obstruction. (2)For corner lots located on i'ights»of—way that are wider than fifty (50)Feet,fe nc es may be consuucted within the side yard adjacent to the street at a rnaxirnurn heigh t ofsix(6) feet provided that the fence is on the private property and shall not be located clo ser than ??een (15)feet front the edge of the street pavement or closer than five (5)fee t toany sidewalk or bike path. (3)Similarly,hedges and landscaping on corner lots shall be maintained at hei ght that does not interfere with clear vehicular,pedestrian or bicycle sight visibility useofthe public sidewalk or bike path. (d)Pr'ivar.'y structures.Privacy structures as de?ned in section 24-1 7,may be construct ed ofany type of material and shall be lirnited to rnaximurn length of twelve (12)feet and a he ig ht ofeight (8)feet above the established grade ofthe lot where such structure is placed,provided t h a t nosuch structure on a rooftop deck exceeds the inaxirnurn permitted height of building.Ex ce pt for oceanfront lots,where the ocean side is the designated front yard,any such structure s h al l notbe located within the required front yard ofa lot and shall be subject to the applicable side and rear yard setbacks. (e)Aduinlenance offer1cc.9.Fences that have been allowed to deteriorate to an excess ive degree have a negative impact on property values and the quality of neighborhoods.Fences t h a t areina state of neglect,darnage or disrepair,shall be repaired,replaced or removed, Unacceptable fences are identi?ed as those containing any ofthe following characteristics thatcan be easily observed from the street or by a neighboring property: (1)Components of the fence are broken,bent,visibly rusted or corroded. (2)Portions ofthe fence are no longer connected to support posts and rails. (3)Any components are rotten,broken or missing. (4)Weeds are overtaking the fence. Sec.24-68.-Sta:-nnwater,drainage,storage and treatment requirements. (a)Topography and grading.All lots and development sites shall be constructed a n d grade d in such a rnanner so that the storrnwater drains to the adjacent street,an existing nat ural element used to convey storrnwater (see sec ()3,de?nitions:Storrnwater management system ),or a city drainage structure a?er meeting onsite storage rcquiren-tents,as set forth wit hin this section.The city shall be provided with a pre—constructio11 topographical survey pr io r tothe issuance of a development perniit and a post—construction topographical survey pr io r tothe issuance ofa certi?cate ofoccupancy.Elevations in all topographic surveys will ref ere nce d to NAVD l988.Said surveys shall be signed and sealed by a licensed Florida sur vey or.Agenda Item #09 May 2022Page 162 of 180 Except as required to rneet coastal construction codes as set forth within a valid per mit fromthe Florida Department of Environmental Protection;or as required to meet applicable zoneor stormwater regulations as set forth herein,the elevation or topography of a deve lopr nent or redevelopment site shall not be altered. (b)Onsile srarage.Except as provided for herein,an applicant shall be required to p r o v i d e onsite storage of stormwater in accordance with this section as follows: (1)All cleveloprnent and redeveloprnent projects which result in irnprovernents tha t exceed fifty (50)percent of the market value of all improvements,if any,on th e subject development parcel before the new development or redevelopment project is st a rt e d shall provide onsite storage of stonnvvater for all irnpervious surface on the developme nt parcel. (2)Projects which do not exceed the fifty (50)percent threshold described sub sect ion(1)above,but increase the impervious surface on the development parcel by m or e thantwo hundred ?fty (250)square fee shall provide onsite storage of storrnwater for t h e increas eintheimpervioussurfaceareaonly. (4)Any modi?cation or replacement of driveway and sidewalk areas only on adeve lope dlotsshallnotberequiredonsitestorageimprovementsprovidedthemod ifica tion or replacement does not alter the footprint of the existing driveway or sidewalk (5)Applicants shall provide documentations and calculations to demonstrate co m pl ia nc e with subniittal of applications for construction. (6)Projects previously permitted by the St.Johns River Water l\/lanagement District (SJIIVVIVIIJ),which have an in—compliance existing retention or detention that c ol le ct s and controls storrnwater are exempt for further onsite storage requirements;provided,howev ei‘,2|copy of the Engineer's Certi?cation of As—Built Construction to the SJRV/l\/ ID mustbe subn-titted to the city before building pertnits for individual lot construction rn ay beissued. (7)When onsite storage is required,an as—built survey,signed and sealed alicense dFloridasun/eyor,documenting proper construction and required volume ofthestorage systern,irtust be submitted to and approved by the director of public works pr io r topermit closeout or issuance ofa certi?cate ofoccupancy.For an undei-—gx-ound system,anotari zedletterfrontthegeneralcontractor,along with as~built plans and construction p h o t o g r a p h s will be sufficient to document proper construction. (8)In addition,a declaration of restrictive covenant,in recordable form and by the city,identifying and describing the required on-site storage iniprovernent s tobe maintained,shall be executed and recorded in the public records of Duval Coun ty, Florida, by the owner of the development parcel and shall be binding on successors a n d assigns, prior to pern-iit closeouts or issuance ofa certi?cate of occupancy. (9)Volume calculations for any projects that require onsite storage shall be onthe following calculation: V =CAR/12,where Agenda Item #09 May 2022Page 163 of 180 V =volume of storage in cubic feet, A =total impervious area, R =25-year and 24-hour rainfall depth (9.3 inches)over the lot area,and ;b21;C =runoff coef?cient,which is 0.92 which is the difference between impervious area (C=1.0)and undeveloped conditions (C=0.08). This volume must be stored at least one (1)foot above the wet season water table and below the over?ow point to offsite (in many cases this may be the adjacent road elevation).As an option,and as approved by the director of public works,an applicant may implement,at the applicant's cost,offsite storage and necessary conveyance to control existing ?ood stages offsite,provideddocumentation showing appropriate authorization for the off—site use and meeting the requirements of this section is submitted and approved by the city. (c)Floodplain storage.There shall be no net loss of storage for areas in a special ?ood hazard area (100-year ?oodplain),where a base ?ood elevation has been de?ned by the Federal Emergency Management Agency (FEMA)on ?ood insurance rate maps (FIRMS).Site grading shall create storage onsite to mitigate for ?lling of volume onsite.This storage is in addition to the storage required for the increase in impervious surface area.The applicant shall provide signed and sealed engineering plans and calculations documenting that this "no net loss"requirement is met. (d)Stormwater treatment.For all new development or redevelopment of existing properties, excluding single—and two—familyuses,where construction meets limits for requiring building code upgrades,stormwater treatment shall be provided for a volume equivalent to either retention or detention with ?ltration,of the runoff from the ?rst one (1)inch of rainfall;or as an option,for facilities with a drainage area of less than one hundred (100)acres,the first one—half(1/2)inch of runoff pursuant to Chapter 62-330,Florida Administrative Code (FAC).No discharge from any stormwater facility shall cause or contribute to a violation of water quality standards as provided in Section 62-302,FAC.This treatment volume can be included as part of the onsite storage requirement in item d(2)[subsection (b)]of this section. (e)NPDES requirements.All construction activities shall be in conformance with the city's National Pollutant Discharge Elimination Systems (NPDES)permit,in addition to the requirements of the St.Johns River Water Management District and the Florida Department of Environmental Protection.NPDES requirements include use of best management practices (BMPS)prior to discharge into natural or arti?cial drainage systems.All construction projects of one (1)acre or more require a stand-alone NPDES permit.Site clearing,demolition and construction on any size site may not commence until site inspection and approval of the proper installation of a required best management practices erosion and sediment control plan is (f)Subsequent to of a propertyand/or ?oodplain storage and stormwater treatment and closeout of the applicable permit orissuanceofcerti?cates of occupancy,the improvements shall be maintained by the property owner.In order to ensure compliance with the provisions of this section and the requirements to maintainonsitestormwaterimprovementsovertime,the city is authorized to conduct inspections ofproperty,upon reasonable notice and at reasonable times,for the purpose of inspecting saidpropertyand/or onsite storage improvements for compliance with this section and with anyapplicableconditionsofpreviouslyissuedpermits.Failure to maintain the improvements willrequirerestorationuponnoti?cation by the director of public works,within a stipulated time frame.Agenda Item #09 May 2022Page 164 of 180 If restoration is not timely coxnpleted,the city shall have the right to complete the rest orat ion, and the city's actual cost incurred,together with 3 charge of one hundred (100)percent of s a i d coststo cover the city's adtninistrative expenses,shall be charged to the then owner of the pro pert y.(g)Variances Ia in1peI'vr'oz4.s'.-unface area limits.Variances to impervious surface li m it s shallbe subject to the provisions in_secIio|;1_24—§§.Irnpervious surface requirernents shall no t beeligible for relief via waivers ?‘on1 the any con1n1ission.Agenda Item #09 May 2022Page 165 of 180 Page 166 of 180 CITY OF ATLANTIC BEACH C TY C()I\/ll\4ISSI()N I\/lEETIN(} STAFF REl’()RT AGEIVDA ITEIVI:\’\/AIV22-0002 (I964 Francis Avenue —\\/aivel‘For fence height) \NAlV22—(J003 (1964 81.I980 Francis Ave.—vvaiver For sloI'ln \vater) SUBJVIITTEI)BY:Arnantla Askew,Director ol'Planning and Cornlnunity [) eTODAY’S DATE:April 27,2022 IVIEETING I)ATE:l\/lay 9.2022 BACKGROUND:The applicant, Franklin Legal,PL,is representing the \property owner of l 964 Francis Avenue (172 I 68-0000)and I980 F neis AVCDLIC . "mm"ISM“,“(L (172:7 l -0000).1964 Francis Aventle is — located on the nonheast corner oflhe Francis Avenue and Simmons Road while 1980 Francis Avenue is located on the southwest /corner of the Francis Avenue and Dunon ‘Q70 3 Island Road East.These propenies are —u separated by two (2)inulti—fan1ily hoines and S‘°""nVV?“°"was E land—locked city owned property.Both pi-openies are located in the Residential) Gene :11,lVILllti—Farnily (R(3»1V[)zoning 55 ,5 75 .35 dist ct.The applicant is requesting two sepai te waivers pursuant to Section 24-190 to s bdivide/replat the properties.The Simmons Rdsubdivision/replat application will go before ‘ltheCoinn1unityDeveloplneritBoard(CDB)1 d6t.on May 17"‘and then be heard at the June 13"‘'° p° Se '°°‘ City Connnission rneeling. These vvaivers are in eonjunetion with an associated purchase sale agrcelnent and repl at lb!‘the developwient ofthe property. is a request to exceed the rnaxinuln-i Fence height For 21 srnall section of th e propertyon a corner lot at 1964 Francis Avelltie pursuant to Section 24»22l(d)under the subdivi sion andsite improvement regulations to waive Section 24—l57(c)(l).Section 24-157(c)(1)states =orcornerlots located on l'ights—oF—way that are ??y (50)feet of less in vvidth,no Fence,u/all or landscapi ng exceeding foul‘(4)feet in height,shall be allowed within ten (10)feet of any lot line which abuts astreet ". 1964 Francis Avenue is located on the corner of Francis Avenue and Sinlrnons Road.The design ated sideyard or this property is Sinunons Road.which has a thirty (30)foot righi or way width.applica nt is Agenda Item #09 May 2022Page 167 of 180 proposing to build a 6—I'oot tall fence along the south properly line abutting the street.P er Section24- 157(c)(1).a 6—Foot tall Fence rnust be 10 feet from the side property line. The applicant is requesting to build a 6—fout tall Fence only along the Siinons Street sid e frointheback corner olithe house to the drainage easeincnt (area shovvn in red belovv). I S | FRANCISAVENUE 3::; 1>ur\'(:II/\'5r " CIR/\Nr 0|’ )0 H x 17%ll l;x(.t 1J‘.)IvI' UIZAINAGF F'A‘EFMl~Nl (|'l'N(IF Al L/\_r‘| Pl‘A($l (7?I /\.‘~2l Ml Ml) SIMMONS ROAD CONCEPTUAL SITE PLAN m.».w.m;mm ()2 run uuw Proposed 6—foot is a request to reduce the requ -ed on—site storrnwater retention by 50%f1964Francis Avettlie and 1980 Francis Avenue.Since,this request is in conjunction with a future su b di vi si o n ofthe properties and is governed by Section 24—2I 1(d)and 24—2SI(e)the code allows th e waiverfor subdivisions (Section 24—190).The waiver to Section 24-68 for reduction 0fon—site storr nwat er isbeing requested.Section 24-68 states,“Projects which do not exceed the ??y (50)percent thre shol d described in subsection (1)above,but increase the impervious surface on the developnnent parcel nwo re thantwo hundred ?fty (250)square fee shall provide onsite storage of storrnwater for the i n c r e a s e inthe iinpervious surface area only“.The property owner s proposing to build four (4)townhouse s oneachlot (8 total townhoines).On—site storage of stormwatei is required for all irnpervious area o n ea ch lot. Tradi ionally,the western portions of the 1964 and 1980 Francis Ave.serve as st or ni vv at er water conveyance systern (swale)and stornwvater storage.Historically,with heavy rains or a pa tte rn ofrains and higher ground water table.the swale will Fill and then water overflows out over the oftheswale. Creating a storage area for these type of events.Agenda Item #09 May 2022Page 168 of 180 7 ss?x '' sale property 35 ft x 125 H sale property ,t\l NI). U o.»—..... DUTTON ISLAND ROAD EAST Proposed 20 R x 125 a drainage easernent 1 964 Francis Avenue Prnpoted To\vnlIous¢= Prunes Town use *~I_7 FRANCISAVENUE SIMMONS ROAD TheI1,water store d inthis area until it abs orbe d into the ground.areaalso provides storage forwaterthat backs up furth er downs tiearnlIthasbeenac r it i c a l areafor the total volu rne of stonnwater inthisLAJQdrainagebasin.Thepropeny E owner approac hed thecity ‘about piping thecurrent 8 drainage s w al e forhis E proposed deve lopr nent. The E city has con cern s thatthe piping will n ot acco mm odat e the total volurne(theareathat currently overfl ovvs thetopof the swale)of storedon- site during weteve nts. Injoint discussions between citystaff(city manager,city engineer directorof planning)and the d e v el o p er weare suggesting the pur cha se ofthe westerly portion of proper ties to rnaintain the historical on- site storage of storrnwater.The portions are separated by a ownedland locked parcel.The flowsthru the city owned parcel tothewesterly parcels owned by the d e v el o p er . This drainage area serves amuchlarger drainage area and hel ps relieve drainage problelns to t h e south. The developer has a g r e e d tosellthe westerly portion of theproperties provided they can r et ai n 50%of required storrnwater forthenew developnient.The d e v e l o p e r will provide 50%ofthe stormwater on—site and 50%of the stormwater would be captured on t h e citiesnewly purchased property. stormwater storage o?fsite. l\/lost residential properties developed prior to 201 9 had no onsite storniwater storage. Therefore,they would need a waiver from Section 24-68 to thepartial I aneffonto reduce local flooding and storrnwater runoffChapter 24 was updated in 2019 to add the r e q u i r e r n e n t for residential properties to provide on—site stormwater.Effective storrnwater management reduces the amount of runoff and runoff pollution by slowing runoff and allowing it to soak inpriorto Agenda Item #09 May 2022Page 169 of 180 discharge into the streets and/or slon-n1walcr syslerns.Lol coverage and slorrnwale direct correlation.'I‘he higher the irnpelw/ious area (lot coverage)Ihe nwore slonnvvale r havea I s ge ne rat ed . The proposed residential developed would not exceed the Inaxirnurn lot coverage (nmax.4 5 DUTTLIIN |SLAND ROAD EAST —.—_—........":47.‘ u_. 3 Fl Fl’gt PURCHASE 4 an m .....‘2’ 4E '=.L413 < -1.E h ‘z’ :55 Fr x 125 F!’‘,4 ~g PURCHASE ’ E’. GRANT OF pn FY x :25 FT EXCLUSIVE :1‘ DRAINAGE EASEMENT (FENCE AT EAST ui EDGE OF EASEMENT)._¥: .._.._.,,...__.,.‘SIMMONS ROAD CONCEPTUAL SITE PLAN ‘,5,-;=.,.,,nauuwa mm:02-09-232:Agenda Item #09 May 2022Page 170 of 180 VVAIVERS Since the proposed waivers are rclatcd lo the subd‘'ision and (leveloprnenl oruic properly the\vaiver process outlined in Section 24.190 IS the criteria used to dclennine the eligibility orihs ‘Flu:city connni ion shall not appruvc a w er unless it clelerlnines as lbllovvsz (1)The particular physical conditions.shape or topography of the speci?c pr op er ly involved causes an undue hardship to the applicant i the strict letter ofthe article i carried out. (2)The grunti g ofthc \>V'<llV€l‘will not be I "u nus to the other adjacent property. (3)'l‘he condi ns.upon vvhich a request For vvaiver are based.are peculiar to l h k : properlyfor vvhich the waiver is sought,are not generally applicable to other property and d o notresultfroin actions oflhe applicant. (4)The vvaiver is consistent vvith the intent and purpose oflhis chapter,the c: 0n1p rehen sivc plan and Iherequirc:n1e;'nts ofthis article.llithe city cunnnission approves a vvaiver.the con1n1i ssionrnayattachsuchconditionstothewaiverasvvillensurethatthewaiverwillcoinplywit h thatintent and purpose 01'this article. BUD(i ET:None RECOMMENDATION:Con-irnission to consider waiver WAlV22—OO02 &WAlV22- 0003 subject to the conveyance oliwcstern portion ofthe property as associated with Resolution 22-35 theapproval ofthe repl-at for both I964 and I980 Francis Avenue. ATTACHlVlENT(S):waiver Hearing,Procedures Application request RE lTY ANAGER: (E C s Agenda Item #09 May 2022Page 171 of 180 SUBDIVISION REGULATIONS WAIVER Fan mrsnm u oTrr Z- cuss o?fy '€.§‘..‘.’.‘.’.'.‘.‘.:'::.‘$1.‘.‘..f.’;’.‘;:."Department “LE "‘(>00 soo seminoie Road Atlantic Beach,FL 32233 ZTZZT '\V/ fZ: ’L* 006% Qm??.(P)9o4_247_58°o I 1 seam A p pl ic at io n Fee APPLICANT INFORMATION NANIE franklln Legal.PL V 7 7 V W EMAIL Frankl|nIegalpI@yahoo.com ADDRESS {:24 Shgtter Aveingw V _V_7 __ PHONE #4 fl/a_ ___7_7 __7__V_ crrv Jacksonville sch. 7 7 STATE FL ZIP cons 32250 CELL 49 97m_l—4§§-_2g9§ r_W_m__iwi _ SITE INFORNIATION 7 ADDRESS 1954 Francis Street;1930 i=ranc 5tLeet.AtIa_n_ti5 Bch..FL 32233 sIlsted)SUBDIVISION Dor1rler‘s Replat,Plat BI:‘I95Pg.1 6,O.R.Duval Co.(Lots 9,10.1 ‘I,14-B1 1 5)BLOCK 9 7 RE!‘1721 637-OOOIE‘L72171 >000!)LOT/PARCEL SIZE .47 acre.’~36 acre Cmol)ZONING CODE RG- IVI INI UI KI- Far nil y) COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION RHV Residential Hlgh Density REQUESTED PROVISIONS FROM WHICH WAIVER IS SOUGHT 1)24—68(b),storrnv-later,as per.24—221 (d)Si 251 (e) ; 2)24-157(c)(1),fence on now,as per 24—221 (i).Seeking 50%reduction for Lots AI-4&6-9 from 24—6E;seeking 6'fencing on portion 9an30‘now PROVIDE ALL OF THEFOLLOWING INFORMATION: 1.Proof ofownersl-lip (deed or certi?cate by lawyer or abstract cornparly or title cornparly that veri?es record ofownerasabove. 2.survey and legal description of property. 3.irthe applicant is not the owner,provide a letter orauthorization from the owner(s)for applicant to represe nt theownerforall purposes related to this application. 4.Please subrrllt a written request for the waiver stating the reasons for the waiver and the facts whlch support thewalver. CONDITIONS OF APPROVAL -The City Commission shall not approve a waiver unless It determines asfollows: 1 .The panlcular physical condl?aris,shape.or topography of Ihe speci?c property Involved causes undue hardship to appli cant iftheslrlcl letter of the article is carried out. 2.The granting orthe waiver will not be injurious to the other adjacent property. 3.The conditions.upon which a request fora waiver are based,are peculia to the property for which the waiver is sought.arenotgenerally applicable to other property and do not result from actions ofthe applicant. 4.The waiver is consistent with the intent and purposes of chapter 24 and the Comprehensive Plan. I HEREBV CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT:Slgnature of Property Owner(s)or Aut horl ze Agent Ee.a——~’ a 4/‘i’9 ’ Z Zs ’RE OF APPLICANT PRl PE i\?I;En In D A SIGNATURE OF APPLICANT (2)PRINT OR TYPE NAME D A T ESignedandswornbeforemeonthis2/",day or I _ by state of _ County o f _ t 1 u 4 4 c _ , ldentl?catlon veri?ed:K {.5 _ oath sworn:|j Yes 13 No SHERRI c.AUTRY Exl=iREs.-Aprils 20 s BondBilI'IlruNo1ulyP.,_._ otary signature '. My Corrlrnlssion expires ?r»(J ‘ 2Q22 1 75UBDIVISION REGULATION WAIVER 01.25.2020 Agenda Item #09 May 2022Page 172 of 180 FRANKLINLEGAL,PL A Professional Law Firm Timothy 3.Franklin,Esq. 7 April 2022 Attn:Ms.Amanda Askew,Director Planning and Development Department City of Atlantic Beach 800 Seminole Road — Atlantic Beach,Florida 32233 Re:Waiver Application -1964/1980 Francis Street Dear Ms.Askew: This letter accompanies and is a part of the attached application for waiver made pursuant to s. 24-190 of the City's Code. My authority to ?le same on behalf of the owner(s)is attached as is proof of ownership,a survey and legal description and delineating topography and existing drainage improvements important to the application as well as a conceptual site plan. The application requests a waiver from two (2)provisions of the City's Code: 1)A waiver from s.24-68(b)to allow for 50%of the normal on-site stormwater storage required to be conveyed instead "off—site"so long as the first 50%of runoff is captured and stored on-site,where these requirements are incorporated into article IV and thereby authorized for subdivision waiver at s.24-221(d)and s.24-251 (e);and, 2)A waiver from s.24-157(c)to allow for a small section of 6'fencing on "lot 9"as shown the attached site plan,where this requirement is incorporated into article IV by virtue additional "improvement"ostensibly to be required by the explained hereinafter;both for the reasons set forth in more detail hereafter.Fundamentally,the need for the waivers devolves from the fact that the subject property islocatedsoutherlyofalargecon?uence of upland northern properties,and is a terminus andcollectorpointfortheconveyanceofstormwaterforsuchproperties,with an inlet and largepondingarealocatedonthewesternportionofthepropertyasshownonthesurvey.While the824ShatterAvenue,Jacksonville Beach,Florida 32250 —Tel.904-465-2208—FranklinLegaIPL@yahoo.com Agenda Item #09 May 2022Page 173 of 180 City currently owns the ponded area in the western middle portion shown on the ithas no recorded interest in the part of the subject property located adjacent to the nort h andsouth currently being utilized for stormwater collection and storage. Rather than attempt to resolve the issue through other means at uncertain cost risk.the owner has proposed to develop only a portion of the subject property and sell t h e remaiing westerly portions to the City for a sub-market price.all generally as shown on th e con cept ualsiteplan.Discussions thus far indicate the City is amenable to this option. Nonetheless.because the normal application of the Code will require the owner t o acc ou nt for the existing baseline runoff accumulating on the subject property.some relief is ne ed ed froms. 24-68(b)in order to reasonably develop the remaining portions of the property (i.e.lo ts 1-4and 6-9 as shown on the site plan).The owner proposes to account for and store t h e firstfifty percent (50%)of runoff "on—site"and to allow the remainder 50%to drain to the lan ds propos edtobesoldtotheCityandwhicharecurrentlyusedforthispurpose. Moreover.discussions indicate the City may desire,in connection with purchase.torecont ourandmakeotherimprovementstothestormwatercollectionlstoragefacltieswhichw o ul d allow for the area to be used as a small park with trails/walks.This raises a need —on bo th "sides " so to speak —for ample fencing to provide needed security/privacy on the one hand an d tofully create a safe.park-like setting on the other. However,due to the fact that Simmons Road (located to the south of the subject pro per ty) is only 30‘in width.a small section of fencing approximately 10'in width running dist anc e of approximately 20‘would need to be reduced to a height of 4'or less.The owner pr op os es to resolve this practical acuity by grant of a waiver from the provisions of s.24-1 57(c)toallowfor a small section of fencing to be erected to the same 6'height othenlvise intended.to create a typical "backyard"area to connect up to the rear wall plane of the townhome located on Lot 9 all as shown on the conceptual site plan. It is not believed that either waiver would be injurious to other adjacent property b u t wouldin instead improve adjacent property and.In the case of drainage.may actually some regional flooding issues through improvement to the collector pond area.It should clearalso that the need for the waivers is peculiar to this particular case,is unlikely to arise e l s e in the future and the applicant is not here seeking "forgiveness rather than permission."Finally. the grant of a waiver under the circumstances would be consistent with the intent purpos esofchapter24oftheCity‘s Code and its current Comprehensive Plan. Applicant.on behalf of the owner.asks the City to grant the waivers in connection w'ththe overall plan for improvement and re—subdivision of the lands without any further co nd iti on or requirement imposed all as requested. Respectfu?y. 824 Shatter Avenue.Jacksonville Beach,Florida 32250 —Tel.904-485-2208 —FrankIInLegaIPL4@ yahoo.com Agenda Item #09 May 2022Page 174 of 180 23 March 2022 Attn:Ms.Amanda Askew,Director Planning &Development Department City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233 Re:Authorization of Applicant and Agent -1980 Francis Project To whom it May Concern: The undersigned Manager of Dutton Island PSL,LLC,and Cape Charles CDL,LLC,hereby authorizes FranklinLegal,PL I Tim Franklin,Esq.,to act as agent and applicant with regard to a waiver application, purchase and sale agreement and plat application in connection with the property owned by the companies being associated with the 1980 Francis Street project,i.e.Lambo's Place Unit 1 8.2 Replat,as per prior communications and negotiations withthe City conceming same. Christ pher D.Lambertson STATE OF FLORIDA COUNTYOF DUVAL IS INSTRUMENT,being witnessed as set forth above,was acknowledged before me by means of:[]physical presence,or,[]online notarization,thisQ3 day Of(V\a:c.\32022,by Christopher D. Lambertson,being identifiedto me as follows: / Personally Known:[/ Produced l.D.:‘Notary nature . Type of l.D.:‘ 2‘‘W L A .Notary Printed ame My Commission Expires:9/[SEAL] \\‘\\P ‘91 Agenda Item #09 May 2022Page 175 of 180 Ffaieiity Nazism?Tisée irgsezrmzae Campaay PROPERTY INFORMATION REPORT Order No.:10274148 Customer Reference Number CLF-Lambo's Place Unit 1 Addressee: Community Title,LLC 175 NW 138th Terrace,Suite 100 Newberry,FL 32669 352-331-0817 352-331-0818 Fidelity National Title Insurance Company has caused to be made a search of the Public Records of Duval County,Florida,("Public Records"),from 08/18/2020,through 02/14/2022 5:00 PM,as to the following described real property lying and being in the aforesaid County,to-wit: Lot 14 and 15,Block 9,DONNER'SREPLAT,according to the map or plat thereof,as recorded in Plat Book 19,Page(s)16,of the Public Records of Duval County,Florida. As of the effective date of this Report,the apparent record Fee Simple title owner(s)to the above- described real property is/are: Dutton Island PSL,LLC,a Floridalimited liability company by virtue of that Quit-ClaimDeed recorded in Of?clal Records Book 19334,Page 1871 The following liens against the said real property recorded in the aforesaid Public Records have been found: 1.NOTE:2021 Real Property Taxes in the gross amount of $3,580.35 are Paid,under Tax I.D.No. 172171-0000. Public Records shall be de?ned herein as those records currently established under the Florida Statutes for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. This Report shows only matters disclosed in the aforesaid Public Records,and it does not purport to insure or guarantee the validity or sufficiency of any documents noted herein;nor have the contents of any such documents been examined for references to other liens or encumbrances.This Report is not to be construed as an opinion,warranty,or guarantee of title,or as a title insurance policy;and its effective date shall be the date above speci?ed through which the Public Records were searched.This Report is being provided for the use and bene?t of the Addressee(s)only,and it may not be used or commitment or policy.This Report is not title insurance.Pursuant to 5.627.7843,Florida Statutes,the maximum liability oftheissuerofthispropertyinformationreportforerrorsoromissionsinthispropertyinformationreportislimitedtotheamountpaidforthispropertyinformationreport,and is further limited to theperson(s)expressly identi?ed by name in the property information report as the reclpient(s)of thepropertyinformationreport.Property Information Report Page 1 of 2 Agenda Item #09 May 2022Page 176 of 180 Order No.:10274148 Customer Reference Number CLF-Lambo's Place Unit 1 Fidelity National ‘?tle Insurance Company ( Property Information Report Page 2 of 2 Agenda Item #09 May 2022Page 177 of 180 Fidelity National Title Insurance Company PROPERTYINFORMATIONREPORT Order No.:10274148 Customer Reference Number CLF—Lambo’s Place Unit 2 Replat Addressee: Community Title,LLC 175 NW 138th Terrace,Suite 100 Newberry,FL 32669 352-331-0817 352-331-0818 Fidelity National Title Insurance Company has caused to be made a search of the Public Records of Duval County,Florida,("Public Records"),from 03/26/2021,through 02/14/2022 5:00 PM,as to the following described real property lying and being in the aforesaid County,to-wit: Lot 9,10 and 11,Block 9,DONNER'SREPLAT,according to the map or plat thereof,as recorded in Plat Book 19,Page(s)16,of the Public Records of Duval County,Florida. As of the effective date of this Report,the apparent record Fee Simple title owner(s)to the above- described real property is/are: Cape Charles CDL,LLC,a Floridalimited liability company by virtue of that General Warranty Deed recorded in Of?cial Records Book 19661,Page 2165 The following liens against the said real property recorded in the aforesaid Public Records have been found: 1.NOTE:2021 Real Property Taxes in the gross amount of $4,348.67 are Paid,under Tax ID.No. 172168-0000. PublicRecords shall be de?ned herein as those records currently established under the Florida Statutes for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. This Report shows only matters disclosed in the aforesaid Public Records,and it does not purport to insure or guarantee the validity or sufficiency of any documents noted herein;nor have the contents of any such documents been examined for references to other liens or encumbrances.This Report is not to be construed as an opinion,warranty,or guarantee of title,or as a title insurance policy;and its effective date shall be the date above speci?ed through which the Public Records were searched. This Report is being provided for the use and bene?t of the Addressee(s)only,and it may not be used or relied upon by any other party.This Report may not be used by a Fidelity National Title Insurance Company agent for the purpose of issuing a Fidelity NationalTitle Insurance Company title insurance commitment or policy. This Report is not title insurance.Pursuant to 5.627.7843,FloridaStatutes,the maximumliabilityof property information person(s)expressly identi?ed by name in the property information report aspropertyinformationreport.Fidelity National Title Insurance CompanyCm...?ificazjsswlCaseyMctgiiPropertyInformationReport Page 1 of 1 Agenda Item #09 May 2022Page 178 of 180 A-4.mn£sv£1)c£or 235 WWM3“?mm.Wmmaw Ah.A%\rA MF1aWmumTi 0WmT...mm“wmmmmu“, VIRa?.mmmnnm&E ,.d% Nwe2mm?mummwifawWm.T 3.?awWmm5 M mu.mV V_Wmmmpmwmmxmm ..V 5ammwmsmmmmmmwm MKmmmmm.nmmmm.mma mmm.mwe» AW!MWEB.u_._nE83;><;...o:GEbn wmmn.5zm><m_oz<Emm.m..mr.mmnmmWu HH.uu“H. ,Pmmmmmm?m,.AM%man5mmma .....mEmm11.1: mm..H WWW ,.... .....T M ."W ,” _ K V _W,., , . M _“M T HSmm_ Iw__ N _ F_AF_N..$5_ H _ wW _ W DU _ W...uMnmW..m.m _, .DW .L.mDR.A,_ AMR .._.Am_,. W0mmMWmun WRFmMH.w“,_muea M ..:0PE I Dmm,3,.+may M NMnm.%.,,.xon.A El W mmyH. ___ M..M“.WE B. 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V ,./I14III.13u:!.u!.m..i.1!l...1a.2.1a.I1\)l!\..\P(aun HH,matI.3...IawlllmmmrwmmnM.1.5 -M F,us:KS....:a..an.E35.3:DD.mSu_W ?W.2..3E.TnwL ,,_Im , mmmm LOT5 Agenda Item #09 May 2022Page 179 of 180 DUTTON ISLAND ROAD EAST 55 Fr’x 95’FT $2“ PURCHASE FRAEJCISA\ENUEhusmnunmc: n (.'Fcut£ vu at‘ 35715 x’1725 l~:T |PURCHASE _mucusAVENUE*' ,9; "'4 GRANT OF "\2o FT x 125 rr >EXCLUSIVE yyossrnyfge,/~\_ __,EASEMENT Tr?cr-:AT EAST‘EDGEor EASEMENT). —«\w ‘- SIMMONS ROAD CONCEPTUAL SITE PLAN DRAWING one 02-03-—2o22 Agenda Item #09 May 2022Page 180 of 180