The URL can be used to link to this page

10-09-23 Final AgendaCity of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, October 9, 2023 - 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 Budget Workshop held on August 7, 2023. 5 - 25 8-7-23 Budget Workshop Draft Minutes 1.B. Approve minutes of the Regular Commission Meeting held August 14, 2023. 27 - 78 8-14-23 Regular City Commission Draft Minutes 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (Oct. - Dec. 2023) 79 - 82 90 -Day Calendar (Oct. - Dec. 2023) 3.B. Dora Drive Link to Purchase & Sales Agreement Link to Moody Williams Appraisal Link to Colliers International Appraisal Link to Phase I Environmental Site Assessment Dora Drive 83 - 125 3.C. 2023 Florida City Government Week Proclamation 127 - 128 Florida City Government Week Proclamation 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA None. Page 1 of 134 Regular City Commission - 09 Oct 2023 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 23-45 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROVIDE FISCAL YEAR 2023-24 FUNDING TO DESIGNATED ORGANIZATIONS AND SCHOOLS FOR ARTISTIC, RECREATIONAL AND CULTURAL PROGRAMS, EVENTS OR PROJECTS 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. Resolution No. 23-45 129 - 134 9. ACTION ON ORDINANCES None. 10. MISCELLANEOUS BUSINESS None. 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. Page 2 of 134 Regular City Commission - 09 Oct 2023 Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting. Page 3 of 134 Page 4 of 134 ATTENDANCE: Present: Also Present: Agenda Item #1.A. 09 Oct 2023 MINUTES Budget Workshop Meeting Monday, August 7, 2023 - 6:30 PM Commission Chamber Curtis Ford, Mayor Bruce Bole, Commissioner - Seat 2 (District 1308) Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Joe Gerrity, Interim City Manager (CM) Kevin Hogencamp, Deputy City Manager (DCM) Amanda Askew, Planning & Community Development Director (PCDD) Latrenia Thomas, Recreation and Cultural Arts Director (RCAD) Brittany Percell, Finance Director (FD) CALL TO ORDER Mayor Ford called the meeting to order at 6:30 p.m. 1. PUBLIC COMMENT Mayor Ford opened the floor for public comment. CC Bartle called each speaker to the podium. Brinkley Harrell expressed opinions on the budget. Jane Stevens spoke about the funding that goes to the Recreation Department. 2. TOPICS A. Departmental Presentations CM Gerrity, DCM Hogencamp, and PCDD Askew presented as detailed in the agenda packet and a slide show (which is attached hereto and made part of this Official Record as Attachment A). CM Gerrity, DCM Hogencamp, RCAD Thomas, PCDD Askew, Lieutenant Chase Jamison and Commander Tiffany Layson answered questions from the Commission. The discussion of the Public Works budget was moved to the next budget meeting. Budget Workshop August 7, 2023 Page 1 of 21 Page 5 of 134 Agenda Item #1.A. 09 Oct 2023 8-7-23 Attachment A B. Capital Projects CM Gerrity reported on this item as detailed in Attachment A. CM Gerrity and FD Percell answered questions from the Commission. 3. CITY COMMISSION COMMENTS/QUESTIONS CM Gerrity confirmed for Commissioner Bole that money has been budgeted in Public Works for holiday lighting. Commissioner Ring inquired about the process for considering a COLA for pension plans and FD Percell provided the details. ADJOURNMENT The meeting adjourned at 7:55 p.m. Attest: Donna L. Bartle, City Clerk Date Approved: Curtis Ford, or Yr - Budget Workshop August 7, 2023 Page 2 of 21 Page 6 of 134 Agenda Item #1.A. 09 Oct 2023 Page 3 of 21 Page 7 of 134 as m 00 —h0 U.) ATLANTIC BEACH June 23 to July 31 (July 1 (July 10-13 July 24 State Revenue Sharing Estimates provided Deadline to receive Certification of Taxable Value; actually received June 26. Review budget with Commissioners individually Approval of proposed millage rate on DR -420 and scheduling of public hearings to consider the Tentative Millage and Tentative Budget. This information is to be presented to the property appraiser by Aug. 4 -- within 35 days from the July 1 date of certification deadline. Attachment A to 8-7-23 Minutes Department of Revenue Property Appraiser City Commission, City Manager CM, Director of Finance July 25 Budget Workshop #1 DF, CM, CC August 7 Budget Workshop #2 DF, CM, CC August 24 Tax notifications to be mailed within 55 days of Certification, (TRIM notice of proposed property taxes). PA August 24 Budget Workshop #3 DF, CM, CC f.....r....... 4..... ^f1 n.J......r:.... :... .......... ..1.........4.1:.. 4..... ..:nr Is r. nn September 13 September 21-23 September 25 Within 3 days of final hearing Within 3 days of receiving Form DR -422 Within 30 days after final hearing property appraiser also notified property owners). First Public Hearing to adopt the Tentative Budget and Millage (F.S. 200.065). Publish TRIM notice in newspaper Second/Final Public Hearing to approve Budget and Millage Rate Send resolution adopting the millage rate to the property appraiser and tax collector Complete and certify millage rate to property appraiser Complete Certification of Compliance Form (Form DR -487) along with copies of ads (whole page) proof of publication from newspaper and copies of ordinance adopting the budget and resolution adopting the millage rate CC DF CC DF DF DF Agenda Item #1.A. 09 Oct 2023 Page 5 of 21 Page 9 of 134 VES JO OZ abed TWA N IC BEACH HIGHLIGHTS Attachment A to 8-7-23 Minutes • 4% salary increase for general and unionized blue-collar employees • 5% salary increase for unionized police employees • 10% in health insurance cost • 33% combined increase in insurance premiums (property, workers' compensation, auto, liability, etc.) VET JO TT abed TL. N IC BEACH l j - Cd 1 Attachment A to 6-7-23 B(.....�� INSURANCE QUOTE Policy Type Property w FY23 Premium 5261,59-0.00 rai Prernham [or es.tlmaraM $431,636.70 % Change 6596 Polley Expiretian 10M1123 -30101f24 Moles Carrier esIrnales 60.65% Prop rote increase due to chi tc mutatmoralismd %rod dad channn$ In 5%, $35k miikflum. Workers Compensation 5168,430.00 $191',063,10 17% 11f01123-11/01/24 Eslimaling 11% increase based on carrier expectations due to rata :nor ease as well as esiIrnaled FY2024 payrolls arid current loss history. Public Officers E EPL $407.81a.40 3v29,301.60 20% • wiair2340101124 Ceti -lair estirneles 15.2016 increase, assuming no chanes la eoposured- Autp 579.837 00 $95.564 46 2096 10r0112 3 -1 0101r24 Carrier estima[es 15-20% Increase. assuming no changes to exposures Law Enforcement Llabaily 332,1'90.00 $39,257.00 20% 160131123-16(01f24 Carrier osO males 15-20% Mcraat*e. assuming no changes Ea UPON ren. Inland Marine 53,361.00 55.545 85 65% 10+ 11112.-30101124 Ceirier estimates 60-66% Prop rate increase due lo chemic market Wind dad changing to 5% and minimum will be al least $35k. Gena#rap Lrabliily SI7.75S 00 257, 309.114 20% 14r01)23 -30101l24 Cerrimr eSdrnalms 15.20% increase, assuming no changes le avosorett. Cyber Liability — 55 255 UD 36.318.00 20% 10101123-10!0124 Carrier esrima[es 15-20% increase. assuming no changes to exposures Fldocia.ry Uabi6rty 56.4946.00 66.622.94 516 i0101123•10101f24 der estimates m[nimal Change at Oils time outside of exposure in -masts. Estimalinq a 5% silif hat d On AJG marketing.. Slt•tulory +40$4 52,98.5 OD 33.700.16 24% 11I01,23 -11.11111f25 Mimimbl change in carrier rales however expecting a 24% increase in premium due to Increase in reported exposures lifeguards. pollee ofIc.rs1. Crime $1.1B1.00 51,299.10 10% t01O1l23-10!01!24 Cather estlrneles 8.10',# imam. assurnlrlg no changes 101rlrpesures. need = GOncesaion Building S1 732 00 53 991 80 15% 11101f23-11101124 Fslimming a s[andard 15% premium increase at most. if any Flaad - My Hall 52380.00 $2,9£6.40 1S% 11101!23.31101!24 Esilmatfng a standard 15% premlun increase al must, If any. Flood - Lif1 StabonlConlrol euilding S. 007 00 310.35$ 05 15% 11.101123-11101f24 Eslimatin9 a standard 15% premium increase at mast, if any Fia4d - Cmin Isslan Chambers iti1,3.60.04 551,564.00 15% 11101123-1 'IOWA Eslrmallnp a alandard 15% premium rnsraase al morel, If any. Flood - Police t3u4ding 51.393 00 31,343.00 0% 410623-gf06r24 Reatewal Pair MiUm 0u014id by 0arrIr as of 7131x2023. Galltagher Fee $45,000.00 $45,000.00 0% 10/01.121-10101.17.1 Mn11ai Broker Fee 5718,312.40 $1,437,167.05 33% TL J N IC BEACH zif HUMAN RESOURCES Cathy Varian, Director FY 2024 Budget: $289,605 • (4.6%decrease) Note: • $16K decrease in printing/publishing VES JO ZZ abed Attachment A to 8-7-23 Minutes T LANT I C BEACH cs;=0-71.7zit / FINANCE Brittany Percell, Director FY 2024 Budget: $1,934,068 • (0.8% increase) Note: • Deputy Finance Director position vacant VES JO ET abed Attachment A to 8-7-23 Minutes TL J N IC BEACH zif CITY CLERK'S OFFICE Donna Bartle, City Clerk FY 2024 Budget: $394,745 • (8.7% decrease) Attachment A to 8-7-23 Minutes Notes: • Records Clerk position vacant • Purchased large -format scanner in FY 2023 ($19K) VES JO VT abed VES JO SZ abed co co0 TL. N IC BEACH yiVa r t 2' J t CITY COMMISSION FY 2024 Budget: $64,470 • (0.9% decrease) Attachment A to 8-7-23 Minutes Notes: • Training budget decreased • City Commission members, please advise whether you intend to attend FLC's Institute for Elected Municipal Officials Oct. 6-7 VES JO 9T abed CD CD O TL. N IC BEACH yiVa r t 2' J t CITY MANAGER Joe Gerrity, Interim City Manager FY 2024 Budget: $648,149 • (24.8% increase) Attachment A to 8-7-23 Minutes Notes: • City Manager position salary increase plus housing allowance • Personal leave payout for retiring employee • Additional health insurance allocation VES JO LT abed TL.N IC BEACH L l vJ`. CSzci CULTURAL ARTS & RECREATION Latrenia Thomas, Director FY 2024 Budget: $537,137 • (33.8% decrease) Attachment A to 8-7-23 Minutes Notes: • Personnel cost savings due to Boys and Girls Club partnership • Arts, Recreation and Culture Committee grants for organizations and schools: $75,000 • $41,300 in special events funding T LANT I C BEACH =' GENERAL GOVERNMENT Attachment A to 8-7-23 Minutes Note: • This is a subaccount with expenses distributed among various departments. Please disregard. VES JO 8Z abed VES JO 6T abed CD CD0 IC BEACH INFORMATON TECHNOLOGY Ron Bautista, Director FY 2024 Budget: $648,149 • (10.9% increase) Attachment A to 8-7-23 Minutes Note: • Transitioning to Microsoft Office 365, a cloud - based IT infrastructure solution that saves money, enhances productivity and collaboration, and increases security. TL.N IC BEACH a r PLANNING & CODE ENFORCEMENT Amanda Askew, Director FY 2024 Budget: $718,295 • (20.7% increase) Attachment A to 8-7-23 Minutes Notes: • Resiliency grant: $151,950 reimbursable • $29,190 allocated for environmental stewardship initiatives VES JO OZ abed VET JO TZ abed Crg CD O TL. N IC BEACH yiVa r t 2' J t POLICE Vic Gualillo, Chief FY 2024 Budget: $8,232,741 • (0.6% decrease) Attachment A to 8-7-23 Minutes Notes: • $560K from COJ toward lifeguard station project • Repurpose police office position for information technology responsibilities • Two new patrol vehicles VES JO ZZ abed TL J N IC BEACH zz/ PUBLIC WORKS Scott Williams, Director FY 2024 Budget: $3,962,660 • (6.8% increase) Attachment A to 8-7-23 Minutes Notes: • $194K grant to replace bay doors (reimbursable) • $50K for electronic traffic message board • Vehicles (fleet inspection reports on next slide) o $46K for new tractor (Public Utilities to pay 25%) o $45K for a pickup truck VET JO EZ aged TLAN IC BEACH C f FLEET INSPECTION REPORT DEPARTMENT: 5999 VEHICLE N: P37 TYPE OF VEHICLE: PICK-UP / UTILITY BODY MAKE/MODEL: FORD / F450513 VIN: 1 FDXF46S43EB49057 YEAR: 2003 MILEAGE: 109510 HOURS: COMPONENT ENGINE ESTIMATED REMARKS ANDIOR CONDITION COST TO REPAIR RUNS / VERY HIGH MILES TRANSMISSION SHIFTS / VERY HIGH MILES SUSPENSION STEERING OK / HAS LIGHT RUST ON FRAME AND SUSPENISON BRAKES OK / FAIR / HIGH MILES BODY ROUGH ELECTRICAL HYDRAULICS OTHER REQUIRED REPAIRS/ COMMENTS INSPECTED BY: Gene Mehale RECOMMEND PURCHASE: NO YES DATE: 7/31/2023 RECOMMEND REPLACE: NO YES X SUPERVISORS SIGNATURE: Nrte Doyle Attachment A to 6-7-23 FLEET INSPECTION REPORTS FLEET INSPECTION REPORT DEPARTMENT: 5508 VEHICLE S: 0-04 TYPE OF VEHICLE TRACTOR MAKE/MODEL: KUBOTA / L3430 COMPONENT VIN: 3026422877 YEAR: 2004 MILEAGE: HOURS: 3:+/ ESTIMATED REMARKS AND/OR CONDITION COST TO REPAIR ENGINE FAIR / OK / HIGH HOURS TRANSMISSION OK SUSPENSION ROUGH/RUST/WORN STEERING BRAKES OK BODY ROUGH / HEAVY RUST ELECTRICAL HYDRAULICS AL ROUGH / RUST & CORRISION EC OTHER REQUIRED REPAIRS / COMMENTS INSPECTED BY: Gene Mchale DATE: 7/31/2023 SUPERVISOR'S SIGNATURE: RECOMMEND PURCHASE: NO YES RECOMMEND REPLACE: NO VES X VES JO VZ abed CD CD0 Potential Projects Attachment A to 8-7-23 Minutes Lifeguard station ($560K COJ grant) $910,000 Connectivity Plan multi -use path - Seminole to East Coast Milling and paving (resurfacing) Dutton Island: Fishing pier rehab Tide Views Preserve: New decking and handrails at Sunset Pier Sidewalks throughout City Pickleball court expansion/tennis court conversion Right-of-way parking with turf block Landscaping (Atlantic Blvd @ Mayport Road; Police Department; Atlantic Blvd median) Planning for Gail Baker expansion ($500K COJ grant) 25,000 550,000 350,000 200,000 200,000 125,000 90,000 50,000 44,000 VES JO SZ abed Potential Projects Dutton Island: Install trail/surface edging Attachment A to 8-7-23 Minutes $20,000 Dutton Island: Stabilizing trail surface in wet areas 15,000 Beach accesses: Replace two showers (locations TBA) 10,000 Replace A/C units (locations TBD) 15,000 Bicycle racks (locations TBD) 10,000 Water stations (locations TBD) 7,000 Bicycle repair stations at Russell, Donner parks 7,000 Dog Park: Fountain replacement 5,200 Seminole Road gateway improvement project planning/startup 10,000 Baseball field(s) upgrade 5,000 Page 26 of 134 Agenda Item #1.B. 09 Oct 2023 MINUTES Regular City Commission Meeting Monday, August 14, 2023 - 6:30 PM Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:31 PM. City Clerk Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 (District 1308) Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: Joe Gerrity, Interim City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Kevin Hogencamp, Deputy City Manager (DCM) Amanda Askew, Planning & Community Development Director (PCDD) Steve Swann, City Engineer (CE) Scott Williams, Public Works Director (PWD) 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting held on July 24, 2023. Mayor Ford asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Ford stated the minutes stand as submitted. 2. COURTESY OF FLOOR TO VISITORS 2.A. Lifeguard Presentations - Recognition for winning 2nd place at Regional Competition as well as male and female rookie lifeguard of the year awards. John Phillips, Captain of the AB Lifeguards spoke about the recent competitions the lifeguards participated in. A photo was taken of members of the team that attended the meeting. Mr. Phillips recognized Robert Kovas, the artist that created the awards received by the lifeguards. Mr. Phillips also recognized the award recipients Devyn Leopold and Nina Iveson. Regular City Commission August 14, 2023 Page 1 of 52 Page 27 of 134 Agenda Item #1.B. 09 Oct 2023 PUBLIC COMMENT Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. CC Bartle called each speaker to the podium. Ken Caudle discussed his opinions on the future City projects. Rick Carper spoke about storm water storage and provided the Commission a copy of a previous budget summary (which is attached hereto and made a part of this Official Record as Attachment A). Gregory Powell expressed opinions on agenda items 8.A. and 3.B. Nancy Staats provided the Commission with a copy of her comments in writing (which is attached hereto and made a part of this Official Record as Attachment B). Stephen Fouraker spoke about the CM process, Donner Road and the Charter Review Committee (CRC). Carolyn Zisser agreed with Nancy Staats' comments, spoke about the CRC and the CM process. Brinkley Harrell discussed the CM process and the budget. 8-14-23 Attachment A 8-14-23 Attachment B 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (Aug. - Oct. 2023) Commissioner Ring asked for clarity about items on the Calendar. CM Gerrity explained that "MT" meant meeting. MOTION: Approve the 90 -Day Calendar. Motion: Michael Waters Second: Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Michael Waters (Moved By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. Regular City Commission August 14, 2023 Page 2 of 52 Page 28 of 134 Agenda Item #1.B. 09 Oct 2023 3.D. Additional Updates • Noted that the Police Department participated in National Night Out on August 1, 2023. • The July parking revenue with 15th and 19th street was $4,557 • Donner Road is expected to be repaved on the 24th or the 25th of August 2023 if weather permits. • Encouraged the Commission to inform staff of whether or not they will attend the Florida League of Cities school in early October. 3.B. Stormwater Master Plan Review CE Swann provided a brief background on the item. Brian Icerman from JonesEdmunds discussed this item as detailed in a presentation (which is attached hereto and made a part of this Official Record as Attachment C) and answered questions from the Commission. PCDD Askew explained that staff has not made any changes to this section of Chapter 24; however, staff is willing to look at different scenarios and that the goal is to protect homeowners, streets and surrounding communities from an increase in flooding. Mayor Ford requested that someone from JonesEdmunds be present at the next Chapter 24 review. 8-14-23 Attachment C 3.C. Discussion regarding City Manager position Mayor Ford reported on this item. He expressed that he would like to consider Bill Killingsworth as a candidate. Commissioner Bole expressed support of Mr. Killingsworth as a CM candidate. Commissioner Waters spoke highly of Mr. New and mentioned that he spoke with Mr. Killingsworth and that he supports him as a CM candidate. Commissioner Ring spoke highly of Mr. New and mentioned that she spoke with Mr. Killingsworth and supports offering him a position. Commissioner Kelly spoke in support of Mr. Killingsworth. She mentioned that she wanted to make sure Cindy Anderson's contract concerns were addressed. Commissioner Ring also mentioned Cindy Anderson's contract concerns. CA Gabriel explained that the provision regarding the CM performance review had been taken out of the contract. CA Gabriel also explained that the separation of employment provision listed in the appendix was revised to state including but not limited to age discrimination. Regular City Commission August 14, 2023 Page 3 of 52 Page 29 of 134 Agenda Item #1.B. 09 Oct 2023 Commissioner Ring inquired about voting to offer the job. Mayor Ford explained that the vote will occur once there is an approved contract from the candidate. He asked the Commission for their input on the housing allowance. Commissioner Kelly suggested that it would be inappropriate to withdraw the housing allowance number that has already been offered. Commissioner Waters expressed his understanding of the housing allowance is that it would be separate from the salary. Commissioner Bole explained that his understanding of the housing allowance would be combined into the salary, due to how the Charter stands, and in the future, if CRC decided to come up with something different, the contract could be renegotiated. There was a CONSENSUS for the Mayor, CM, CA and Director of Human Resources to proceed with negotiating a contract with Mr. Killingsworth. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Kelly • Requested that Commissioner Bole and the Finance Director investigate the request from the retirees for the COLA. • Expressed that she would like to see a CM Hiring procedure/process developed and attached to Section 2-19 of the Code. • Mentioned that there will be a parent meeting with the Boys and Girls' Club staff. Commissioner Bole • Expressed his agreement with Commissioner Kelly's suggestion about the CM process. He mentioned that he would bring forward a resolution. • Expressed excitement about Mr. Killingsworth being the CM of AB. Commissioner Ring • Expressed excitement about working with Mr. Killingsworth. • Encouraged everyone to watch out for the school zones. • Thanked Captain Phillips and the lifeguards for their work. • Announced that the Beaches Activist Movement is hosting a back to school bash on August 19, 2023 from 11 a.m. to 2 p.m. Mayor Ford • Spoke about his experience at the FLC Conference. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA None. 7. COMMITTEE REPORTS None. Regular City Commission August 14, 2023 Page 4 of 52 Page 30 of 134 Agenda Item #1.B. 09 Oct 2023 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 23-26 (For Reconsideration with amendments) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND HOOSE HOMES AND INVESTMENTS, LLC, FOR THE PURCHASE OF 2.16+ - ACRES OF REAL PROPERTY IN ATLANTIC BEACH ON DORA DRIVE (PARCEL ID 172118 0000, 172119 0000, 172122 0000) FOR THE PRICE OF $1,075,000; DESIGNATING AMERICAN RESCUE PLAN ACT FUNDS TO BE USED FOR THIS PURPOSE; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS, COMPLETE DUE DILIGENCE EFFORTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. 8-14-23 Attachment D MOTION: Approve Resolution (No.) 23-26 reconsidered with amendments. Motion: Bruce Bole Second: Candace Kelly Curtis Ford Bruce Bole (Moved By) Michael Waters Candace Kelly (Seconded By) Jessica Ring Motion passed 5 to 0. For For For For For MOTION: Approve Resolution (No.) 23-26 as amended. Motion: Bruce Bole Second: Candace Kelly CA Gabriel explained the amendment as detailed in a handout (which is attached hereto and made a part of this Official Record as Attachment D). Commissioner Bole expressed that this saves the City money in the long run and that his discussions with the CE have clarified that this is the right way to go long term. Commissioner Ring expressed concerns about the 45 -day period. Regular City Commission August 14, 2023 Page 5 of 52 Page 31 of 134 Agenda Item #1.B. 09 Oct 2023 CE Swann clarified that the City will do the best with the 45 days and if staff and the Commission are not comfortable, the City will walk away from the deal. Curtis Ford For Bruce Bole (Moved By) For Michael Waters For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 8.B. RESOLUTION NO. 23-28 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID 2223-07 MAYPORT RD WATER MAIN EXTENSION; 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 Ford read the title of the resolution. CE Swann explained the resolution and answered questions from the Commission. MOTION: Adopt (Approve) Resolution No. 23-28. Motion: Michael Waters Second: Bruce Bole Curtis Ford Bruce Bole (Seconded By) Michael Waters (Moved By) Candace Kelly Jessica Ring For For For For For Motion passed 5 to 0. 8.C. RESOLUTION NO. 23-29 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NUMBER 2223-03 PUBLIC WORKS BUILDING RENOVATION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. Regular City Commission August 14, 2023 Page 6 of 52 Page 32 of 134 Agenda Item #1.B. 09 Oct 2023 CM Gerrity and PWD Williams explained the resolution. MOTION: Approve Resolution (No.) 23-29. Motion: Bruce Bole Second: Jessica Ring Curtis Ford For Bruce Bole (Moved By) For Michael Waters For Candace Kelly For Jessica Ring (Seconded By) For Motion passed 5 to 0. 8.D. RESOLUTION NO. 23-30 (Resolution Withdrawn: Candidate Withdrew) A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPOINTING MIKE NEW THE CITY MANAGER AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT DESIGNATING HIM AS SUCH EFFECTIVE SEPTEMBER , 2023; AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS NECESSARY, INCLUDING BUT NOT LIMITED TO AN EMPLOYMENT AGREEMENT, TO EFFECTUATE THE EMPLOYMENT OF MIKE NEW TO SERVE AS CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. 9. ACTION ON ORDINANCES None. 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole • Indicated three great things that happened at tonight's meeting: PW building, Dora Drive, and the new CM. Commissioner Waters • Expressed confidence in the Commission's standing at this time and that they have worked hard to get to this place. Mayor Ford • Concurred with Commissioner Waters' comments. 13. ADJOURNMENT The meeting adjourned at 8:23 p.m. Regular City Commission August 14, 2023 Page 7 of 52 Page 33 of 134 Agenda Item #1.B. 09 Oct 2023 Attest: Donna L. Bartle, City Clerk Date Approved: Curtis Ford, Mayor Regular City Commission August 14, 2023 Page 8 of 52 Page 34 of 134 Attachment A to 8-14-23 Minutes Public Works Agenda Item #1.B. 09 Oct 2023 S/iq/z3- X/(cndaut- 4e.k e vw Combined Summary of Revenues and Expenses Actual Actual Budget Budget Increase 2017-2018 2018-2019 2019-2020 2020-2021 (Decrease) Revenues: General Fund Resources 1,521,286 1,802,983 2,044,980 1,999,086 (45,894) Local Option Gas Taxes 474,419 505,136 499,642 462,918 (36,724) Sanitation Utility 1,942,122 3,068,601 1,924,624 1,923,702 (922) Storm Water Utility 1,168,665 1,123,439 2,992,326 2,681,469 (310,857) Total Revenues 5,106,491 6,500,159 7,461,572 7,067,175 (394,397) expenses: Public Works Admin. 365,570 427,275 543,026 575,163 32,137 Street and Road Maint. 894,584 1,111,720 1,202,864 1,116,833 (86,031) Local Option Gas Tax 513,684 448,010 704,623 737,843 33,220 Sanitation Utility 2,387,642 1,708,523 1,931,668 2,089,254 157,586 Stone Water Utility 1,334,588 1,450,776 4,313,018 3,958,333 (317,846) Fleet Maintenance 261,132 263,988 299,090 307,090 8,000 Park Maintenance 726,230 897,146 927,723 869,797 (57,926) Landscape Improvements 27,908 55,236 51,307 85,158 33,851 Total Expenses 6,511,340 6,362,674 9,973,319 9,739,471 (197,009) Resource Allocation: Personnel Services 1,385,984 1,671,237 1,843,045 1,598,004 (245,041) Operating Expenses 3,225,749 3,767,146 3,480,793 4,144,723 663,930 Capital Outlay 951,508 531,340 3,080,549 2,495,500 (585,049) Debt Service 198,206 157,950 187,522 223,817 36,295 Transfers 750,310 235,000 1,381,410 1,277,427 103,983) Total Resource Allocation: 6,511,758 6,362,674 9,973,319 9,739,471 233,848) Summary of Authorized Positions 2019-2020 2020-2021 Public Works Administration Public Works Director Engineer Public Works Inspector Contract, Permits & Admin Coordinator Administrative Assistant Dispatcher Clerk - ( Part Time ) Street and Road Maintenance Crew Chief Building / Sign Maintenance Worker General Maintenance Worker Landscape Improvements Landscape and Park Maintenance Worker Park Maintenance and Improvements Park Maintenance Division Chief Park Ranger Storm Water Maintenance Crew Chief Heavy Equipment Operator General Maintenance Worker Sanitation Heavy Equipment Operator Total Public Works 83 1.00 1.00 0.50 0.50 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.50 0.50 1.00 1.00 5.25 5.25 1.00 1.00 1.00 1.00 6.00 6.00 0.50 0.50 1.90 1.90 2.75 2.75 0.40 0.40 26.80 26.80 Page 9 of 52 Page 35 of 134 Agenda Item #1.B. 09 Oct 2023 Page 10 of 52 Page 36 of 134 Attachemnt B to 8-14-23 Minutes Agenda Item #1.B. 09 Oct 2023 g -/y-23 - 1\144tdatd /1/4 ,d;Laatai 1—There have been previous comments about the process (or lack thereof) in the selection of AB's next CM. It now appears to have been incredibly flawed. Here we are with just 2 weeks left of our ICM's tenure, our candidate of choice has withdrawn and we are starting to "renegotiate" with our second choice. This seems highly unusual-- we were offering a great salary, benefits, etc...any ideas why we couldn't close the deal? Was he using us to get a better salary at his current position? Were there "back -channel" negotiations taking place that the rest of the CC was not aware of? What role did our ICM and Mayor have in pre -negotiations (negotiating with a candidate prior to a formal offer?) 2—Why did you consider one applicant, Bill Killingsworth, and are apparently still considering him without CM experience but deny another applicant an interview based on not having CM experience (Drysdale)? This seems hypocritical and an example of poor process, but at this point time to move on. If Killingsworth is chosen, please allow the DCM to help with the transition, since the overlap will be short or non-existent. 3—How exactly did we come to the decision to raise the salary for this position? And wasn't the housing allowance supposed to come from the original total amount? We are already at the very high end of the range. We were getting applicants for the position BEFORE the suggestion to raise salary was made. As has been stated, we need to establish a process for the hiring of all our important AB City positions, including CM, CA, and CRC members. 4—How did we get so far into the process without proper CA and HR input to put forth an accurate, legally compliant contract? This is one of the most basic and important jobs of these individuals. I heard the applicant wanted his accrued vacation time carried over to his new position? This is not the norm in my experience. Communication here seems to have broken down. It might be prudent to "regroup" and reconsider the entire process; if so, given the ICM's timeline, please consider having our deputy CM take on the role for the time being to avoid potential chaos. 5—Though I've not personally had this experience, it has been alleged by 2 separate sources on 2 separate occasions that Mayor Ford used language intimidating citizens who are seeking information regarding the process and timeline of our city's management. If this is true, it would be very inappropriate and extremely concerning. As elected officials, each of you first and foremost work for the citizens of this town. 6—There was concern raised, rightfully so, about Mr Killingworth's expected longevity with this position. Given his learning curve and the substantial investment we are making, please consider an 18-24 month contract with penalties for early resignation so that we are not doing this again in 9 months. 7' Any update on the climate expert/engineer's assessment of the impact of removing the trees and placing a large retention pond? Obviously there's a lot going on, but the clock is ticking on this. THANK YOU FOR ALL YOUR HARD WORK! I'm sure you at least as frustrated and disappointed as the rest of us.... Page 11 of 52 Page 37 of 134 Agenda Item #1.B. 09 Oct 2023 Page 12 of 52 Page 38 of 134 Agenda Item #1.B. 09 Oct 2023 Page 13 of 52 Page 39 of 134 Primary Focus Update Stormwater Model Attachment C to 8-14-23 Minutes Conceptual Stormwater Improvements ionesEdmund 10 -year Capital Improvement Plan 5-foot•by 5-footLiDAR DEM VES JO 017 abed 2 VET JO T17 abed Aquatic Gardens :Lyea le- nuu • Pr¢ Pon S-yy 5� B S i :. Attachment C to 8-14-23 Minutes Seek Sew srareeJ,' Peat Waleriudaree arses ricer Navarro N d faitI 1n 11 UII rc 1 • C anp5 Pre Pts. JonesEdmundi (hares. cktuss pp ErhluL IB Meanie PfiYe, Girdle RPsJ, Skalp Road Ph. l ABOrnati0e Cep el Aclank Beach srnm v acrinp • 01.1,. worn .001.04,01 Ueepen hdserreiReura0 pmt Sbur^oah' Pard n EloreennAperegmaIpk•r 01 N11014 PwEua5005 PnM Bane 1.X1110060 • 4,1011000 Saam.0101 Pump ala Nan a .21 PPM 0011.1 alruel.r1 Draw P. %ler Leval OP1n k De -mien -1.0 1ee1- 1iN116WVru 1 Mawr 010orm Emla. NNI{101 01 110(1001 Exckq Eat Luker wit Fun C0.1.5010. a Caarcr Meer cnannil Plow Cap0tilr rkwo MEUEa1ien BMP 1540: Enhanced Drainage 1D -Year Resulu 01Hmat40 (1011, 51.550.003 -5 2,700,000 0 L56 356 1 r. 1 i.n..Nw 111,-, JonesEdmunds 3 w D CIO CD CD 0- O 0 a) ,-h l.0 — N 0 rt) - 3 r+ N 4t 0 10 N W W . Attachment C to 8-14-23 Minutes Impervious Impact Analysis JonesEdmund Figure 1 Study AOI Selected Test Area Added "local -scale" detail to the model in test Area Evaluated 4 Scenarios Using Updated Model Compared Max Flood Depth Increases for Design Storm Events Legend Area of Interest ■ Existing Inlet 'ti Existing Culvert VES JOZtiabed Attachment C to 8-14-23 Minutes Impervious Impact Analysis ionesEdmunc • Scenario 1 - 40 percent allowable • Scenario 2 - 50 percent allowable • Scenario 3 - 40 percent allowable • Scenario 4 - 50 percent allowable impervious maintained on-site storage. impervious maintained on-site storage. impervious unmaintained on-site storage. impervious unmaintained on-site storage. Figure 2 Basin Impervious Area Increases for 40 Percent Impervious Maintained Scenario Legend Basin Impervious Percent Increase e{ No Change el 05% 5-10% 10.15% 15.20% e4 >20% VET JO EV abed Figure 4 Basin Impervious Area Increases for 40 Percent Impervious Unmaintained Scenario Legend Basin Impervious Percent Increase No Change 0-5% 5-10% 10-15% 15-20% 250 Ftet Figure 3 Basin Impervious Area Increases for 50 Percent Impervious Maintained Figure 5 Basin Impervious Area Increases for 50 Percent Impervious Scenario Unmaintained Scenario Legend Basin Imperious Percent Increase 14 o-5% 5-10% 10-15% 15-20% 54 o20% Legend Basin Impervious Percent Increase K 5-5% . 5-10% 10-15% 15-20% K >20% Feet 500 e<i VES JO try aged Attachment C to 8-14-23 Minutes Impervious Impact Analysis ionesEdmund Key Takeaways: • More impervious area = More Runoff = More Frequent/Intense Flooding • Impacts Ranged from 2-6 inches • On-site Storage Systems Need to Be Maintained w D CM au CDQ o O a) + ., t.0_ cm N O_9_I N 4t O I— N W W . VES JO Sti abed Attachment C to 8-14-23 Minutes On -Site Storage Review JonesEdmund • Methodology was developed by CDM. • Reviewed the spreadsheet assumptions. • Developed a similar but independent approach. • Compared results. w D CM CD CDQ o O a) "' _ cm N O_9 A N 4t O I— N W W . VET JO 917 abed Attachment C to 8-14-23 Minutes On -Site Storage Review JonesEdmund Key Takeaways: • Across sample parcels, the independent method required —10% more storage volume on average. • The City's method produced reasonable results. • City codes and storage calculations have changed slightly since 2018. w D CM CD CD N = o Q o O a) -y — N O, A N 4t O I- N W W . Agenda Item #1.B. 09 Oct 2023 tr) Lu Page 21 of 52 Page 47 of 134 Agenda Item #1.B. 09 Oct 2023 Page 22 of 52 Page 48 of 134 ti Attachment D to 8-14-23 Minutes PURCHASE AND SALE AGREEMENT Dora Drive [Parcel ID 172118 0000, 172119 0000, 172122 00001 THIS PURCHASE AND SALE AGREEMENT ("Agreement") by and between HOOSE HOMES AND INVESTMENTS, LLC., a Florida limited liability company whose address is 7563 Philips Highway Suite 111 ("Seller") and the CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation whose address is 800 Seminole Road, Atlantic Beach, FL 32233 (or its assigns) ("Buyer"), is made effective as of the date on which the last of Seller or Buyer executes this Agreement (the "Effective Date"). RECITALS: A. Seller owns approximately 2.16+/- acres of real property in Atlantic Beach, Duval County, Florida (the "County") described on Exhibit "A" attached and made a part of this Agreement (the "Property"). B. Seller desires to sell to Buyer and Buyer desires to buy from Seller the Property. C. Seller and Buyer desire to enter into this Agreement to provide for the terms ofthe purchase and sale of the Property NOW THEREFORE, in consideration of the mutual promises contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. PURCHASE AND S.. Upon and subject to the terms and provisions of this Agreement, Seller agrees to sell the Property to Buyer and Buyer agrees to buy the Property from Seller. As used herein, the term "Property" shall mean the land described in Exhibit "A", together with all structures located thereon, as well as Seller's right, title and interests in and to all rights appurtenant to such land including but not limited to all subsurface rights, any reversionary interests in roads or streets adjoining such land, and any easements, express or implied, benefiting such land. 2. PURCHASE PRICE. The purchase price (the "Purchase Price") for the Property will be $1,075,000.00. The Survey shall show the exact number of gross acres constituting the land. 3. DEPOSIT. (a) Within three (3) business days after the Effective Date, Buyer shall deliver to McKillop Law Firm, PL ("Escrow Agent"), the sum of $10,000.00 (the "Escrow Deposit") by confirmed bank wire. In the event that Buyer fails to deposit the Escrow Deposit with Escrow Agent within the foregoing time period, Seller may terminate this Agreement. ro) 51459496v1 Escrow Agent shall hold the Escrow Deposit, in accordance with the terms of the Escrow 1 Agenda Item #1.B. 09 Oct 2023 Page 23 of 52 Page 49 of 134 (a) Attachment D to 8-14-23 Minutes Agreement attached and made a part of this Agreement as Exhibit "B" (the "Escrow Agreement"). Buyer shall deliver the Escrow Deposit in the form of a confirmed wire transfer. The Escrow Deposit shall be credited against the Purchase Price at Closing. If the transaction does not close, the Escrow Deposit, or the applicable portion thereof, will be disbursed as provided elsewhere in this Agreement. 4. INFORMATION. ACCESS AND FEASIBILITY PERIOD. Within five (5) business days of the Effective Date, Seller will provide either an electronic form to Buyer true, correct, and complete copies of all the materials in possession of the Seller set forth in Exhibit "D" attached hereto, to the extent such items are in Seller's possession or control and Seller have not already provided to Buyer. In addition, prior to Closing, Seller shall promptly provide the Buyer with such additional information conceming expenses for the Property as Buyer may reasonably request, to the extent the same is in Seller's possession or control. In the event Seller fail to provide the materials set forth in Exhibit "D", Buyer may not terminate this Agreement and request return of the Escrow Deposit. Failure of Seller to provide the materials set forth in Exhibit D shall not constitute a Default under this Agreement. (b) Buyer shall have until 5:00 P.M. eastern time on the date that is forty-five (45) days from and after the Effective Date within which to inspect the Property and evaluate the feasibility of Buyer's consummation of the transaction contemplated in this Agreement (the "Feasibility Period"). 51459496v1 During the Feasibility Period. Buyer may inspect any and all aspects of the Property or portions of the Property. At all times prior to Closing, upon reasonable of notice to Seller, Buyer, its agents, employees, designees, attorneys, engineers, environmental consultants, and other consultants (the "Consultants") shall have the right to reasonably physically inspect the Property, make surveys of the Property and conduct a phase 1 environmental assessment of the Property; provided, however, that Buyer shall be responsible for costs incurred by Buyer or any fees charged by Consultants. Buyer shall promptly restore any damage to the Property caused by Buyer's inspections. Notwithstanding anything herein to the contrary, Buyer shall not be permitted to conduct borings of the Property or drilling in or on the Property, or any other invasive testing, in connection with the preparation of an environmental audit or in connection with any other inspection of the Property without the prior written consent of Seller. Buyer, at its expense, shall repair and restore any borings or holes created or any other damage to the Property). Buyer shall, in a timely manner, pay in full the cost of all inspections, investigations and inquiries of any kind, so that no person or entity shall have the right to file any lien against the Property. In the event any lien is filed, Buyer shall immediately satisfy or bond that lien off the Property. Buyer's obligations under this Section shall survive Closing and/or the termination of this Agreement, notwithstanding any term or provisions hereof to the contrary. If applicable, Seller will make employees of its property manager available during the Feasibility Period, whether such property management group members are direct 2 Agenda Item #1.B. 09 Oct 2023 Page 24 of 52 Page 50 of 134 Attachment D to 8-14-23 Minutes employees of Seller or employed by a third -party property manager. Buyer agrees to coordinate all such property manager contact with Seller in advance. Seller reserves the right to have its representatives present at all such property manager interview(s). Subject to all restrictions and limitations under Florida law including but limited to the restrictions set forth in Section 768.28, Florida Statutes, Buyer hereby agrees to indemnify, defend and hold Seller harmless from and against any and all claims, demands, actions losses, costs, damages, expenses or liabilities, including, but not limited to, personal injury or property damage claims or construction or other liens, including reasonable attorneys' fees caused by or incurred in connection with Buyer's inspection of the Property; provided however, that the restoration, indemnity, defense, and hold harmless obligations in this Section 4 will not apply to (a) any loss, liability, cost, or expense to the extent arising from or related to the acts of Seller, or Seller's agents or consultants, (b) any diminution in value in other real property owned by Seller arising from or relating to matters discovered but not caused by Buyer during its investigation, (c) any latent defects in the Property discovered but not caused by Buyer, or (d) the release or spread of any hazardous substances that are discovered (but not placed) on or under the Property by Buyer. Buyer, in its sole discretion, shall have until the expiration of the Feasibility Period to deliver to Seller, with a copy to Escrow Agent, written notice of Buyer's disapproval of the feasibility of this transaction, which disapproval may be for any reason or no reason at all ("Termination Notice"). If Buyer delivers a Termination Notice to Seller on or before the expiration of the Feasibility Period this Agreement shall be deemed terminated. In the event of such termination prior to the end of the Feasibility Period, the Escrow Deposit shall be immediately returned to Buyer by Escrow Agent and this Agreement will be of no further force and effect and the parties hereto will have no further rights or obligations under this Agreement, except as to any obligations which survive termination. TIME IS OF THE ESSENCE with respect to the giving of the Termination Notice and the expiration of the Feasibility Period. In the event Buyer does not deliver a Termination Notice to Seller on or before the expiration of the Feasibility Period, then the Escrow Deposit shall become non-refundable. If Buyer elects to proceed with Closing, it shall deliver notice to Seller prior to the end of the Feasibility Period. 5. SiJRVEY. Seller shall, at Seller's expense, obtain and deliver to Buyer either an existing survey of the Property that is updated and renewed to the satisfaction of the Title Company in order to remove any survey -related title encumbrances or a brand new survey of the Property (the "Survey") within thirty (30) days of the Effective Date. The Survey shall be certified by the surveyor to Seller, Buyer, Escrow Agent, and the Title Company (as defined below), shall meet the minimum technical standards of the State of Florida, shall set forth the gross acres to the nearest 1/100th of an acre, shall show all easements and restrictions benefitting and burdening the Property, and shall establish a metes and bounds description of the Property. Provided the description of the Property as established by the Survey is consistent with the depiction set forth in Exhibit A attached hereto, such description shall supersede the Exhibit A depiction and the Title Commitment (as hereinafter 51459496 vl 3 Agenda Item #1.B. 09 Oct 2023 Page 25 of 52 Page 51 of 134 Attachment D to 8-14-23 Minutes defined) shall be endorsed to reflect such new legal description. In the event the Survey reveals the encroachment of improvements from the Property onto adjacent property, or from adjacent property onto the Property, reveals any actual or potential boundary line disputes, or the presence of the right of third parties to use any part of the Property, or any other matter which is not acceptable to Buyer in its reasonable discretion, then the Buyer may notify the Seller of Buyer's objections to any such matters ("Survey Objections") within forty-five (45) days of the Effective Date. If Buyer does not deliver Survey Objections within such period, then any matters reflected on the Survey shall be deemed to be "Permitted Exceptions." Seller shall have a period of five (5) days after receipt of Buyer's notice of Survey Objections within which to notify Buyer whether Seller are willing to cure the Survey Objections. Thereafter, Survey Objections shall be resolved in the same manner as Title Objections under Sections 6(c), (d) and (e) below. 6. TITLE MATTERS. (a) Upon Buyer's payment of the Purchase Price, Seller shall execute and deliver to Buyer its recordable and transferable special warranty deed ("Deed"), conveying to Buyer, good, record and marketable title to the Property, in fee simple, free and clear of all liens, encumbrances, leases or other occupancy agreements, rights and other matters whatsoever, except the following ("Permitted Exceptions"): utility and drainage easements of record which will not materially impair thevalue, use or operation of the Property for its current use; zoning and building laws of record; ad valorem real estate taxes and assessments for public improvements not then due and payable; defects and encumbrances caused by Buyer or consented to by Buyer; and any other matters set forth on the Title Commitment that are accepted or deemed accepted by Buyer. (b) Within thirty (30) days after the Effective Date, Seller shall at Seller's expense, shall order and obtain a commitment for an owner's title insurance policy (the "Title Commitment") a title company (the "Title Company") providing for the issuance to Buyer upon the recording of the Deed (as hereinafter defined) of an ALTA owner's policy of title insurance in the amount of the Purchase Price insuring the Buyer's title to the Property (the "Title Policy"). The Title Commitment shall be accompanied by legible copies of all of the title exception documents referenced in the Title Commitment. The parties acknowledge that Buyer's attorney will serve as agent for the Title Company and that by acting in such capacity Buyer's attorney shall not be disqualified or otherwise precluded from representing Seller in connection with this Agreement. (c) If the Buyer objects to any title exceptions in the Title Commitment, then Buyer shall give Seller written notice of the objections (the "Title Objections") no later than forty-five (45) days after the Effective Date. Any title matters reflected in the Title Commitment that are not objected to by Buyer in writing within such period shall become Permitted Exceptions. 01) 51459496v1 If Buyer provides timely notice of any Title Objections, Seller shall have the right, but not the obligation, to attempt to cure any Title Objections identified in Buyer's notice. Seller will advise Buyer within 5 days of receipt of the notice whether it intends to cure any Title Objections. If Seller does not specifically agree to cure any Title Objection identified in Buyer's notice, then Seller shall be deemed to have elected not to cure such Title Objection. If Seller elects to cure, it shall have 30 days to cure any matters it has elected to cure (the 4 Agenda Item #1.B. 09 Oct 2023 Page 26 of 52 Page 52 of 134 Attachment D to 8-14-23 Minutes "Cure Period"), except those objections as to any matters typically cured at real estate closings, such as requirements and standard exceptions which are satisfied and deleted by delivery of an owner's affidavit, authority documents or mortgage releases, shall be satisfied at Closing. The Closing Date shall automatically be extended to accommodate the Cure Period for Title or Survey Objections. In all events, Seller shall be obligated to satisfy mortgage liens, tax liens, construction liens and judgment liens created by or through Seller. Seller shall ensure that all mortgages are paid and released at or prior to closing and shall cooperate with closing agent regarding same. The Closing Date shall be automatically extended to a date that is 10 days after all mortgages are released or Such mortgagees provide a written payoff statement in a form acceptable to title/closing agent. (e) If Seller elects not to cure certain Title Objections or if Seller elects to cure certain Title Objections but is unable to do so during the Cure Period, Buyer shall have the right to terminate this Agreement by written notice delivered to Seller within 7 days of receipt of notice that Seller will not cure certain Title Objections. In the event of any such termination, all parties shall be relieved of any further obligations under this Agreement (except any that specifically survive the termination of this Agreement) and Buyer shall be entitled to a return of the Escrow Deposit from Escrow Agent. If Buyer fails to terminate this Agreement pursuant to this paragraph, Buyer shall be deemed to have waived any Title Objections Seller elected not to cure or did not cure and agrees to accept the condition of title to the Property subject to such Title Objections (all of which shall be Permitted Exceptions) and proceed to Closing without diminution in the Purchase Price. 7. FINANCING Closing is not contingent upon Buyer obtaining financing. S. CONDITIONS TO CLOSE. The items listed below are conditions precedent to Seller and Buyer's obligation as to the Closing of the Property. Buyer may waive such conditions applicable to Seller as Buyer chooses and proceed to Closing, without alteration in the Purchase Price. If Buyer does not elect to waive such conditions, Buyer shall be entitled to terminate this Agreement by written notice delivered to Seller on or before the Closing Date. Seller may waive such conditions applicable to Buyer as Seller chooses and proceed to Closing, without alteration in the Purchase Price. If Seller does not elect to waive such conditions, Seller shall be entitled to terminate this Agreement by written notice delivered to Buyer on or before the Closing Date, whereupon Seller shall be entitled to receive the Escrow Deposit, as applicable, then held by Escrow Agent. The following are conditions precedent to Buyer's obligation as to the Closing of the Property: 51459496 vl (a) At Closing, the Property is free from any outstanding liabilities, including but not limited to unpaid taxes (however, this does not include the current years taxes which are not yet due and which shall be apportioned on the closing statement). 5 Agenda Item #1.B. 09 Oct 2023 Page 27 of 52 Page 53 of 134 ro) (c) (d) Attachment D to 8-14-23 Minutes The Property is not subject to any actual or pending litigation. Seller has cured all Survey objections made by Buyer (if any) Seller has cured all Title Objections made by Buyer (if any). The following are conditions precedent to Seller's obligation as to the Closing of the Property: (a) Buyer is not in default under any terms of this Agreement. (b) Buyer can deliver the Purchase Price to Seller. As used herein, the term "Force Majeure" means acts of God, earthquakes, blizzards, tornados, hurricanes and tropical storms, pandemics, inclement weather in excess of historical weather patterns for the period in question, fire, flood, malicious mischief, insurrection, riots, strikes, lockouts, boycotts, picketing, labor disturbances, public enemy, terrorist attacks, war (declared or undeclared), landslides, explosions, epidemics, compliance with any order, ruling, injunction or decree by any court, tribunal or judicial authority of competent jurisdiction or inability to obtain materials or supplies after the exercise of reasonable efforts, delay in granting any required consent by the party entitled to so grant within the time frame required herein, delays by governmental authorities, and any other matter beyond the reasonable control of the party obligated to perform. Unavailability of funds shall not be considered Force Majeure. BUYER AGREES AND ACKNOWLEDGES THAT THE SELLER HAS NEITHER MADE NOR HAS BUYER RECEIVED ANY PROMISES OR REPRESENTATIONS THAT ANY IMPROVEMENTS, UTILITIES, OR FACILITIES WILL BE BUILT BY SELLER DURING THE TERM OF THIS AGREEMENT. THE SELLER HAS NOT MADE ANY EXPRESS WARRANTIES AS TO THE PROPERTY AND WAIVES ANY IMPLIED WARRANTIES AS TO THE PROPERTY. 9. CLOSING, (a) The closing of the sale and purchase of the Property (the "Closing") shall not later than fifteen (15) days after the expiration of the Feasibility Period. The Closing may take place by mail with delivery of the Closing documents in escrow to Escrow Agent, or at such other place as may be agreed upon by the parties. TIME IS OF THE ESSENCE withrespect to Closing and the Closing Date. (b) At Closing, Seller shall deliver to Buyer the Special Warranty Deed (the "Deed") conveying to Buyer fee simple title to the Property, subject only to the Permitted Exceptions, which Special Warranty Deed shall be in form and content attached hereto as Exhibit "C." (c) 51459496 vl At Closing, Seller shall deliver duly executed originals of the closing statement, Bill of Sale and General Assignment in the form of Exhibit "E" and such other documents to be executed as may be reasonably required by Buyer or the Title Company. 6 Agenda Item #1.B. 09 Oct 2023 Page 28 of 52 Page 54 of 134 Attachment D to 8-14-23 Minutes At Closing, Buyer shall deliver to Seller the Purchase Price, the closing statement, and such other documents to be executed as may be reasonably required by Seller or the Title Company. At the Closing, Seller shall deliver all keys and lock combinations in Seller's possession or control for all locks on the Property. At the Closing, Seller shall deliver such evidence, common documents or affidavits as may be reasonably required by the Title Company or Buyer relating to: (i) Mechanic's or materialmen's liens (if any); (ii) Parties in possession; (iii) The status and capacity of Seller and the authority of the individuals who are executing the various documents on behalf of Seller in connection with sale of the Property, and (iv) Such information as may be reasonably required by the Title Company or to ensure the "gap" between Closing and the recordation of the Deed contained in the Property to Buyer. (v) That Seller has not caused any improvements, alterations or repairs to the Property for which the costs thereof remain unpaid. (vi) That Seller is in open and exclusive possession of the Property and that there are no lease agreements other than what has been disclosed. (vii) That there has been no change in title to the Property and that there are no pending matters concerning or against Seller that could give rise to a lien that would attach to the property or otherwise change the statute of title to the Property. (viii) Such other documents are consistent with the terms of the Agreement and reasonably required to close the transaction contemplated hereby 10. CLOSING COSTS. REIMBURSEMENT AND PROBATIONS. (a) Seller shall pay for documentary stamps on the Deed, all recording fees, the cost of the Survey, Seller's attorneys' fees, title insurance commitment and title premium. (b) Buyer shall pay for all costs associated with Buyer's due diligence, the Buyer's attorneys' fees and any costs incurred by the Buyer that is not specifically attributable to Seller in this Agreement. (c) The following items shall be prorated by the parties as of the Closing Date: (i) 51459496v1 Real estate taxes taking into consideration any discounts for early payment. Such taxes shall be prorated based upon the estimated amount of taxes for the year of Closing (based upon the prior years' tax bills if the tax bills for Closing are not available and in such case, Seller and Buyer shall re -prorate the taxes when actual tax bills for the current year are available). Any additional real estate taxes arising out of a change in the use of the Property on or a change in ownership after Closing shall be assumed by Buyer and paid by Buyer when due and payable. 7 Agenda Item #1.B. 09 Oct 2023 Page 29 of 52 Page 55 of 134 Attachment D to 8-14-23 Minutes (ii) Special assessments or charges imposed against the Property by any applicable governmental authorities with jurisdiction over the Property (if any). (iii) If as of the Closing Date the Property is encumbered or otherwise affected by any assessment (whether or not a lien) which is or may become payable in installments, then for the purposes of this Agreement, any assessment currently due as of Closing shall be paid by the Seller and all remaining assessments shall be assumed and payable by the Buyer as they become due and Buyer shall take title to the Property subject to the unpaid installments not yet due and payable. (iv) The actual or estimated charges for utilities accrued and payable by Seller shall be prorated between Seller and Buyer, provided Buyer is required by law or elects to assume Seller's utility account. Deposits for utilities (the "Utility Deposits"), plus any interest on the Utility Deposits to which Seller is or will be entitled that are held by the provider of the utilities and which are freely transferable to Buyer, shall at the election of the Buyer be assigned by Seller to Buyer and Buyer shall pay Seller the full amount thereof at Closing. Seller shall retain the right to obtain a refund of any Utility Deposits which are not required to be assigned to Buyer, and Buyer will cooperate with Seller as reasonably requested in obtaining any refund. With respect to water, sewer, electric and gas charges, Seller shall make reasonable efforts to obtain a reading of the meter or other consumption measuring device as of the Closing Date. If the Seller is unable to obtain such a reading, Seller shall furnish a reading as of a date not more than thirty (30) days prior to the Closing Date and the unknown charges shall be apportioned on the basis of an estimate computed by utilizing such reading and the most recent bill from the utility provider. (v) Prepaid charges, payments and accrued charges made by Seller under any Continuing Contracts shall be prorated at Closing in a manner reasonably acceptable to Seller and Buyer. 11. REPRESENTATIONS BY RIIYF.R. Buyer represents and warrants to Seller as follows: (a) Buyer's execution, delivery, and/or performance of this Agreement is not prohibited by and shall not constitute a default under any other agreement, covenant, document or instrument to which Buyer is subject or bound. (b) Buyer has full power, capacity, authority, and legal right to execute and deliver this Agreement and to perform all transactions (including the execution and delivery of all documents) required of Buyer for the performance of this Agreement; and the person signing below on behalf of Buyer is duly authorized to execute this Agreement and bind Buyer. 51459496 v1 8 Agenda Item #1.B. 09 Oct 2023 Page 30 of 52 Page 56 of 134 (c) (d) Attachment D to 8-14-23 Minutes Buyer's city commission and/or mayor have performed all conditions precedent necessary for Buyer to enter into this Agreement, as set forth in Resolution 23-26. This Agreement has been duly authorized by Buyer and, when fully executed and delivered, shall constitute a legal, valid, and binding obligation ofBuyer. (e) To Buyer's actual knowledge, there is no litigation, pending or threatened, which would have a material and adverse effect on Buyer's ability to perform its obligations under this Agreement. (fl Buyer has engaged no brokers related to this Agreement. Buyer's representations and warranties set forth above are true and correct on the Effective Date, shall be true and correct on the date of Closing Date, and shall survive following the Closing. The truth and accuracy of these representations and warranties in all material respects at the time of Closing shall be a condition to Seller's closing obligations under this Agreement. 12. REPRESENTATIONS BY SELLER. Seller represents and warrants to Buyer as follows: (a) Seller's execution, delivery, and/or performance of this Agreement is not prohibited by and shall not constitute a default under any other agreement, covenant, document or instrument to which Seller is subject or bound. (b) Seller have full power, capacity, authority, and legal right to execute and deliver this Agreement and to perform all transactions (including the execution and delivery of all documents) required of Seller for the performance of this Agreement, including conveyance of the Property to Buyer; and the person signing below on behalf of Seller is duly authorized to execute this Agreement and bind Seller. (c) This Agreement has been duly authorized by Seller and, when fully executed and delivered, shall constitute a legal, valid, and binding obligation of Seller. (d) To Seller's actual knowledge, there is no litigation, pending or threatened, which would have a material and adverse effect on the Property or on Seller's ability to perform its obligations under this Agreement. (e) Seller has received no unresolved written notice from any applicable governmental authorities claiming a breach or other violation of any applicable federal, state or local laws, statutes, ordinances, codes, regulations, rules, or restrictions (collectively, "Applicable Laws") related to the Property. (t) Seller has entered into no license, lease or option agreements for the Property or any portion of the Property. (g) Seller has engaged no brokers related to this Agreement. 51459496v1 9 Agenda Item #1.B. 09 Oct 2023 Page 31 of 52 Page 57 of 134 Attachment D to 8-14-23 Minutes 13. ACKNOWLEDGEMENTS AM) ADDITION.]-. COVENANTS, (a) Utilities apd Permitt. Buyer understands and agrees that water, sewer, electrical, telephone, and other utility services to the Property will be provided by the County or other utility providers who have the legal right to serve the Property. Buyer shall be solely responsible for payment of all connection, service and meter charges imposed by all such utility providers and shall be solely responsible for any increases in such charges that may occur from time to time. Further, Buyer shall be solely responsible for payment of all fees and charges associated with all building or other permits which may be required for construction of improvements upon the Property. This Section 13(a) shall survive Closing. (b) Approvals. Buyer shall, at its own cost and expense, be responsible for obtaining all future approvals and permits from all applicable governmental authorities necessary for the Property after Closing. However, Buyer's receipt of such future approval and permits, shall not be deemed a condition of Closing. This Section shall survive Closing. 14. NO RESALE LIABILITY, Buyer acknowledges and agrees that Seller is not a co -venturer or partner of Buyer in Buyer's construction upon or resale of the Property, and that Seller shall bear no liability whatsoever resulting from or arising out of Buyer's ownership, construction upon or resale of the Property. 15. LEASING AND OTHER ACTIVITIES PRIOR TO CLOSING (a) Seller shall not enter into any lease transaction or any other form of conveyance with respect to the Property, unless previously approved by the Buyer in writing, which consent may be granted or denied in Buyer's sole discretion. (b) Seller shall not, without Buyer's prior written approval, (i) make any material alterations or additions to the Property, except as may be required by law or as may reasonably be required for the prudent repair and maintenance of the Property, (ii) change or attempt to change (or consent to any change in) the zoning or other legal requirements applicable to the Property, (iii) cancel, amend or modify in any material respect any certificate, license, approval or permit held by or on behalf of Seller with respect to the Property, or (iv) sell, convey or remove from the Property any personal property unless the same is obsolete and is replaced by similar, tangible personal property of equal or greater utility or value. (c) At all times prior to Closing, Seller shall: (i) maintain the Property in good condition and repair; (ii) conduct business and operate and maintain the Property in substantially the same manner in which the Property was heretofore operated by Seller; (iii) maintain insurance in accordance with the insurance in place as of the Effective Date; (iv) not sell or further encumber the Property or any portion thereof or enter into any agreement relating thereto, and (v) promptly give Buyer a reasonably detailed written notice of: (1) any fire, flood or other material adverse change with respect to the Property of which Seller obtain actual knowledge; (2) any actual or proposed condemnation (or proceeding in lieu thereof) of which Seller obtain actual knowledge; (3) any written notice received by Seller claiming 51459496v1 10 Agenda Item #1.B. 09 Oct 2023 Page 32 of 52 Page 58 of 134 Attachment D to 8-14-23 Minutes that the Property or the use and operation thereof fails to comply with applicable legal requirements; and (4) any written notice received by Seller concerning any pending or threatened litigation or administrative proceeding affecting the Property. If Seller become aware during the term of this Agreement of any matters that render any of its representations or warranties untrue, Seller shall promptly disclose such matters to Buyer in writing. 16. DEFAULT. If this transaction is not closed because of Buyer's default, of if Buyer is otherwise in breach of any obligation to be performed by Buyer prior to the Closing, TIME BEING OF THE ESSENCE AS TO EACH OF BUYER'S AND SELLER'S OBLIGATIONS UNDER THIS AGREEMENT, Seller shall, as its sole remedy, receive the Escrow Deposit as agreed upon liquidated damages, Seller's actual damages in such event are not readily ascertainable and the liquidated damages provided herein shall not be considered a penalty. It being hereby acknowledged by Buyer and Seller that if Buyer defaults, Seller will suffer damages incapable of exact ascertainment, and upon the exercise of such remedy, this Agreement shall be null and void and neither Seller nor Buyer shall have any further rights or obligations hereunder except as otherwise expressly provided in this Agreement. If this transaction is not closed because of the default of Seller or if Seller are otherwise in breach of any obligation to be performed by Seller prior to the Closing, Buyer may, as its sole discretion, receive a refund of the Escrow Deposit or Buyer may seek specific performance to enforce the terms of this Agreement. In no event may Buyer or Seller recover any consequential or punitive damages under any circumstances. All other remedies of Buyer and Seller with regard to failure to close or breach of any other provision of this Agreement (except for a breach of the indemnities herein and the obligations in this Agreement that specifically survive Closing) are expressly waived. With respect to any default in the obligations of Seller or Buyer to be performed subsequent to the Closing, Seller and Buyer shall each have all remedies available at law or in equity. With respect to any default under this Agreement other than a failure to timely close on the Closing Date, the non -defaulting party shall provide the defaulting party with written notice of such default and a period of fifteen (15) days in which to cure such default, prior to taking any enforcement action with respect to such default. The applicable provisions contained herein shall survive the Closing and the delivery of the deed of conveyance. 17. A1ISCELLANEOUS. (a) Notice, In the event that more than one person or entity are listed as Buyer, any notice given by Seller to any of such persons or entities shall constitute notice to all. Any notice or approval under this contract shall be sent, postage prepaid, by registered, certified mail, or overnight mail, or by hand delivery or by electronic mail to the applicable party at the following addresses: If to Seller: With cc to: 51459496 vl Steve Swann Email: sswann@coab.us Jason Gabriel, Esq. Email: jgabriel@burr.com 11 Agenda Item #1.B. 09 Oct 2023 Page 33 of 52 Page 59 of 134 Attachment D to 8-14-23 Minutes If to Buyer: Zach Miller, Esq. Email: Zwmillerlaw@gmail.com If to Escrow Agent: McKillop Law Firm, PL Email: ian@mckilloplawfirm.com Notices shall be effective on receipt and may be given by parties or counsel to either party. (b) Aggjmment. Buyer shall not assign its interests in this Agreement in whole or in part without the prior approval of Seller, which approval may be granted or withheld in Seller's sole and absolute discretion. (c) Attorneys' Fees and Venuc. In connection with any litigation arising out of, or to enforce or interpret, this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs at all levels of proceeding in addition to any other relief granted. The venue for any proceeding of a dispute under this Agreement shall be in the Florida Circuit Court in and for Duval County, Florida or the Federal Courts in Jacksonville, Florida. (d) Fptire Agreement. This Agreement supersedes any and all understandings between the parties with respect to the subject matter of this Agreement. Any representations or inducements previously made which are not included and embodied in this Agreement in writing shall be of no force or effect. This Agreement may be modified or amended only in writing and signed by Buyer and Seller and any and all prior discussions, negotiations, or representations which are not specifically set forth in this Agreement or in addendum to this Agreement are null, void and of no force and effect. (e) Condemnation. Upon obtaining knowledge of any proceedings for the condemnation of any portion of the Property (including negotiations in lieu of condemnation), Seller shall promptly notify Buyer of the pendency of such proceedings. If, after the Effective Date and prior to an applicable Closing, any portion of the Property shall become subject to a judicial condemnation (or sale in lieu of condemnation), Buyer may, by written notice to Seller given 5 days after notice, elect to cancel this Agreement prior to the Closing with respect to such Property, in which event both parties shall be released from any further liability hereunder with respect to such Property, however, this Agreement shall remain in full force and effect with respect to the Property that are not affected by the condemnation. If no such election is made, this Agreement shall remain in full force and effect with respect to all of the Property, and the purchase contemplated, less any interest taken by eminent domain or condemnation, shall be effected with no adjustment of the Purchase Price, and upon the applicable Closing, Seller shall assign or pay (to the extent previously received by Seller) over to Buyer, as applicable, all of the right and interest of Seller to any awards that have been or may be made for such taking. 51459496v1 12 Agenda Item #1.B. 09 Oct 2023 Page 34 of 52 Page 60 of 134 (f) Attachment D to 8-14-23 Minutes Risk of Loss. Unless and until the Closing is completed, the risk of loss to the Property from casualty or condemnation shall be borne by Seller. If all or a portion of the Property is damaged or destroyed by fire or other casualty prior to Closing such that: (1) Buyer's reasonable estimate of the cost to repair the same exceeds Ten Thousand and No/100 Dollars ($10,000.00); (2) parking that benefits the Property is lost; (3) access to or egress from the Property is materially impaired; or (4) Seller do not demonstrate to Buyer's reasonable satisfaction that the available insurance proceeds to be assigned to Buyer, together with the deductible amounts to be credited against the Purchase Price, are adequate to pay the cost to repair such damage or destruction (any such fire or other casualty, a "Material Casualty"), Buyer may, at Buyer's sole option, elect to either: (i) terminate this Agreement and receive back the Escrow Deposit; or (ii) purchase the Property subject to and in accordance with the terms of this Agreement. In the event of a fire or other casualty that is not a Material Casualty, and in connection with any Material Casualty as to which Buyer elects to proceed pursuant to Section 17(f)(ii), (A) Buyer shall purchase the Property in accordance with the terms hereof without reduction in the Purchase Price (except for any applicable deductible that will reduce the insurance proceeds assigned to Buyer at Closing) and (B) Seller shall assign to Buyer at Closing all insurance proceeds paid or payable on account of such damage, including any rental or business interruption insurance (and the amount of any deductible shall be credited against the Purchase Price). Buyer shall be deemed to have elected to proceed under Section 17(f)(ii) unless, within fifteen (15) Business Days from reasonably detailed written notice to Buyer of such casualty, Buyer provides Seller with written notice that Buyer elects to terminate pursuant to Section 17(f)(i). If the Closing Date would otherwise occur sooner, it shall automatically be extended to the date that is twenty (20) Business Days after written notice to Buyer of the casualty. If any insurance proceeds paid or payable on account of a fire or other casualty are to be assigned to Buyer in accordance with the provisions of this Agreement, Seller shall cooperate as reasonably requested by Buyer to effectuate such assignment (including, if necessary, prosecuting claims in Buyer's name or for Buyer's benefit), and Seller's obligation to so cooperate shall survive the Closing. (gl jpterDretation, The captions in this Agreement are for information and convenience only and shall in no way define, limit or construe the contents of any provision of this Agreement. This Agreement shall be governed by the laws of the State of Florida. Unless otherwise specified, the term "days" shall refer to calendar days and not business or working days. If any provision of this Agreement, or the application of such provision to any person or circumstance is held invalid, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is invalid, shall not be affected. Any time period provided for in this Agreement that ends on a Saturday, Sunday or other day when the Duval County, Florida courthouse is closed to the public (each, an "Excluded Day"), shall be extended to 3:00 p.m. of the next day that is not an Excluded Day. (h) Counterparts, This Agreement may be executed in one or more original counterparts, all 51459496v1 13 Agenda Item #1.B. 09 Oct 2023 Page 35 of 52 Page 61 of 134 Attachment D to 8-14-23 Minutes of which when properly executed by the parties, shall constitute an original Agreement. Executed counterparts of this Agreement that are transmitted by facsimile or by electronic mail shall be effective and binding on all parties. ti FJgctronic Simatureg. The exchange of copies of this Agreement and copies of signature pages (including, but not limited to, this Agreement and/or any closing related document) by facsimile, email or attachment of a scanned electronic copy to email shall constitute effective execution and delivery of such document as to the parties and may be used in lieu of the original for all purposes. Signatures of the parties transmitted by facsimile, email, or attachment of a scanned electronic copy to email shall be valid, enforceable andbinding as an original signature for all purposes. 03, Confidentiality. Buyer and Seller shall maintain at all times as confidential information: (i) the terms of this Agreement; and (ii) the existence and content of any negotiations. Notwithstanding the foregoing, Buyer and Seller shall have the right to indicate to County officials that Seller and Buyer have executed this Agreement. Buyer and Seller may also: (i) inform lenders, advisors, counsel and employees whom each party deems necessary or advisable, provided that such persons are advised of the confidential nature of this Agreement; (ii) make disclosures required by applicable laws; and (iii) make disclosures to utility and other service providers as to matters directly related to their services. Press Releases. Buyer shall not make any press releases or other media dissemination of information relating to the transactions contemplated herein without the prior approval of the other party. 1031 Exchang. Buyer and Seller each hereby acknowledge that the sale of the Property pursuant to this Agreement may be part of a tax-free exchange for Seller pursuant to Section 1031 of the Code, the regulations promulgated thereunder, revenue procedures, pronouncements and other guidance issued by the Internal Revenue Service. Buyer hereby agrees to cooperate with Seller to facilitate such exchange (which shall include execution of typical 1031 exchange documentation required by Seller's 1031 accommodator), provided that same will not delay the Closing, cause additional expense to Buyer, increase Buyer liabilities or obligations, or otherwise modify any of the terms or provisions of this Agreement. Seller's rights under this Agreement may be assigned to a qualified intermediary for the purpose of completing such an exchange. Possession. Possession of the Property shall be delivered to Buyer by Seller at the Closing, subject only to the Permitted Exceptions. Waiver: Governing Law. The excuse or waiver of the performance by a party of any obligation of the other party under this Agreement shall only be effective if evidenced by a written statement signed by the party so excusing or waiving. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by Seller or Buyer or the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. This Agreement shall be construed and the rights and obligations of Seller and Buyer hereunder determined in accordance with the internal laws of the State of Florida, without 51459496 vl 14 Agenda Item #1.B. 09 Oct 2023 Page 36 of 52 Page 62 of 134 Attachment D to 8-14-23 Minutes regard to the principles of conflict of law. In recognition of the benefits of having any disputes with respect to this Agreement resolved by an experienced and expert person, Seller and Buyer hereby agree that any suit, action, or proceeding, whether claim or counterclaim, brought or instituted by any party hereto on or with respect to this Agreement for which any it relates, directly or indirectly, to this Agreement or any event, transaction, or occurrence arising out of or in any way connected with this Agreement whether Property, or the dealings of the parties with respect thereto, shall be tried only by a federal or state court having jurisdiction in Duval County, Florida. (o) Brokers. Seller and Buyer shall each indemnify, defend, protect and hold harmless the other against and from any and all Losses (as hereinafter defined) for commissions or other compensation that may be made by anyone claiming through the indemnifying party in connection with this sale. As used in this Agreement, "Losses" shall mean all demands, claims, causes of action, losses, debts, controversies, damages, liabilities, obligations, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred in connection therewith, including, without limitation, attomeys' fees and costs of defense and costs and expenses of all experts and consultants. The provisions of this paragraph shall survive the Closing and the delivery of the Deed or the termination of this Agreement. (a) (b) (c) (� 18. DISCLOSURES. THE BUYER SHOULD NOT RELY ON SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. THE BUYER HEREBY WARRANTS THAT THE AGENTS OR EMPLOYEES OF THE SELLER AND ITS AFFILIATES HAVE MADE NO ORAL OR WRITTEN REPRESENTATIONS THAT THE BUYER WOULD DERIVE ECONOMIC BENEFITS OR EXPECTATIONS OF PROFITS FROM APPRECIATION IN PROPERTY VALUE, OR PROFITS TO BE DERIVED FROM THE ENTREPRENEURIAL OR MANAGERIAL EFFORTS OF THE SELLER, SELLER'S AGENTS OR THIRD PARTIES DESIGNATED OR ARRANGED FOR BY THE SELLER FOR RENTAL MANAGEMENT, OR OTHER FINANCIAL RETURNS FROM THE BUYER'S INVESTMENT. 51459496 vl BUYER SHOULD RELY NOT UPON ANY REPRESENTATIONS OTHER THAN THOSE EXPRESSLY STATED IN THIS CONTRACT. Radon Gas Disclosure. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state 15 Agenda Item #1.B. 09 Oct 2023 Page 37 of 52 Page 63 of 134 Attachment D to 8-14-23 Minutes guideline have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the county health department. 19. EXCLUSIVITY Seller agrees that during the entire Feasibility Period neither Seller, nor its officers, agents, employees, advisers or other representatives ("Seller's Representatives") will directly or indirectly commence or make any introductions with anyone other than the Buyer or a company which is a subsidiary or affiliate of the Buyer (or any of their officers, agents, employees, advisers or other representatives) in relation to fee title conveyance of the Property or any part of the Property. Nor shall Seller's Representatives seek, encourage or respond to any approach that might lead to negotiations in relation to the fee title conveyance of the Property with a third party nor supply or otherwise disclose any information about fee title conveyance of the Property to a third party that wishes, or may wish, to enter into negotiations in relation to fee title conveyance of the Property. 20. CONFIDENTIALITY Buyer and its representatives shall hold in strictest confidence all data and information obtained with respect to Seller or their business, whether obtained before or after the execution and delivery of this Agreement which shall be used solely for the purposes of evaluating the proposed acquisition of the Property by Buyer, and shall not disclose the same to others; provided, however, that it is understood and agreed that Buyer may disclose such data and information to the employees, lenders, investors, partners, bankers, brokers, professionals, consultants, accountants and attorneys of Buyer provided that such persons agree to treat such data and information confidentially. Both before and after the Closing, any press release or other public disclosure of information with respect to the sale contemplated herein or any matters set forth in this Agreement, including but not limited to the identity of Buyer, the principals of Buyer or any other individual related to Buyer or involved in the transaction, made or released by or on behalf of Seller shall be subject to Buyer's prior written approval, in Buyer's sole discretion. In the event of a breach or threatened breach by Seller or its agents or representatives of this Section 20, Buyer shall be entitled to an injunction restraining Seller or its agents or representatives from disclosing, in whole or in part, such confidential information. Nothing herein shall be construed as prohibiting Buyer from pursuing any other available remedy at law or in equity for such breach or threatened breach. The provisions of this Section 20 shall survive the Closing or any termination of this Agreement. IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as of the Effective Date. 51459496v1 (Signatures on the Following) 16 Agenda Item #1.B. 09 Oct 2023 Page 38 of 52 Page 64 of 134 Attachment D to 8-14-23 Minutes BUYER: CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation By: Name: Title: Date: Attest: Donna Bartle, City Clerk SELLER: HOOSE HOMES AND INVESTMENTS, LLC., a Florida limited liability company By: By: Name: Title: Date: JOINDER BY THE ESCROW AGENT By its execution hereof, the Escrow Agent hereby (i) covenants and agrees to hold the Deposit in accordance with the above provisions and the provisions of the Escrow Agreement executed by Escrow Agent, Seller and Buyer, and (ii) acknowledges receipt of a copy of the Purchase and Sale Agreement to which this Joinder is attached. 51459496v1 By: Name: Its: 17 Agenda Item #1.B. 09 Oct 2023 Page 39 of 52 Page 65 of 134 Attachment D to 8-14-23 Minutes Exhibit List: Exhibit A — Description of the Property Exhibit B — Form of Escrow Agreement Exhibit C — Deed Exhibit D — List of Due Diligence Materials Exhibit E — Form of Bill of Sale and General Assignment 51459496v1 18 Agenda Item #1.B. 09 Oct 2023 Page 40 of 52 Page 66 of 134 Attachment D to 8-14-23 Minutes EXHIBIT A DESCRIPTION OF PROPERTY EXHIBIT B ESCROW AGREEMENT Eausnalguranal THIS ESCROW AGREEMENT (this "Escrow Aereement") is made and entered into on this day of , 2023, HOOSE HOMES AND INVESTMENTS, LLC., a Florida limited liability company whose address is 7563 Philips Highway Suite 111 ("Seller") and CITY OF ATLANTIC BEACH, FLORIDA, whose address is 800 Seminole Road, Atlantic Beach, FL (or its assigns) ("Buyer"), (Seller and Buyer are collectively referred to as' "Principal(s)"), and McKillop Law Firm, PL ("Escrow Agent"). WHEREAS, Principals have entered into that certain Purchase Agreement dated the day of 2023 (the "Aereement")., Unless otherwise defined herein, all capitalized terms used in this Escrow Agreement shall have the meanings assigned to the same in the Agreement. WHEREAS, Principals desire that Escrow Agent hold the Escrow Deposit, as defined in the Agreement in escrow, subject to the conditions precedent set forth in the Agreement. WHEREAS, the terms and obligations governing the Escrow Deposit shall be applied as applicable to each deposit per the requirements for each deposit as set forth in the Agreement and shall in no way require disbursement of either deposit to Escrow Agent or Seller prior to the applicable conditions precedent set forth in the Agreement. NOW, THEREFORE, in consideration of the covenants and agreements herein set forth and other good and lawful consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Escrow (a) Escrow Agent agrees to hold the Escrow Deposit in escrow, if in or converted to cash, subject to the terms and conditions contained in this Escrow Agreement and the Agreement. (b) Escrow Agent shall not be deemed to have knowledge of any matter or thing unless and until Escrow Agent has actual knowledge of such matter or thing, and Escrow Agent shall not be charged with any constructive notice or knowledge whatsoever. (c) In the event instructions from Principal(s) would require Escrow Agent to expend any monies or to incur any cost, Escrow Agent shall be entitled to refrain from Agenda Item #1.B. 09 Oct 2023 Page 41 of 52 Page 67 of 134 Attachment D to 8-14-23 Minutes taking any action until it receives payment for such costs from the Principal(s). 2. Release of Deposit (a) Escrow Agent agrees to release the Escrow Deposit in accordance with the terms and conditions set forth in this Escrow Agreement and the Agreement. Escrow Agent shall be required to obtain the consent of both parties to release the Escrow Deposit, provided, however, (i) if Escrow Agent is releasing the Escrow Deposit to Seller as a result of the termination of the Agreement by Buyer after the Feasibility Period or as a failure of Buyer to meet its conditions to close and Seller is not in default under the Purchase and Sale Agreement between Buyer and Seller, then Escrow Agent is not required to obtain the consent of Buyer to release the Escrow Deposit to Buyer and (ii) if Escrow Agent is releasing the Escrow Deposit as a result of Closing, then Escrow Agent is not required to obtain the consent of Buyer to release the Escrow Deposit to Seller. (b) In the event Escrow Agent shall be uncertain as to its duties or rights hereunder or shall receive instructions, claims or demands from any Principal(s) with respect to the Escrow Deposit or any other sums or things which may be held hereunder, which, in its sole opinion, are in conflict with any provisions of this Escrow Agreement and/or the Agreement, if any, Escrow Agent shall be entitled to refrain from taking any action until it shall be directed otherwise in writing by all Principal(s) and said third persons, if any, or by a final order or judgment of a court of competent jurisdiction. (c) If all or any portion of the Escrow Deposit delivered to Escrow Agent is in the form of a check or in any form other than cash, Escrow Agent shall deposit the same as required but shall not be liable for the nonpayment thereof nor responsible to enforce collection thereof. If such check or other instrument other than cash representing the Escrow Deposit is returned to Escrow Agent unpaid, Escrow Agent shall notify the applicable Principal(s) for further instructions. (d) Escrow Agent shall deposit the Escrow Deposit, as applicable, if in or converted to cash. The account in which either is deposited shall be with a banking institution selected by Escrow Agent in an account insured by the Federal Deposit Insurance Corporation. The Escrow Agent shall have no liability or responsibility to any party regarding the financial failure or bankruptcy of such institution; provided, however, that such institution is a banking institution duly licensed under the federal or state banking laws. 3. Liability of Escrow Agent (a) Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statements or assertion contained in such writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instruction in connection with the provisions hereof has been duly authorized to do so. Escrow Agenda Item #1.B. 09 Oct 2023 Page 42 of 52 Page 68 of 134 (b) Attachment D to 8-14-23 Minutes Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any written instructions delivered to it; nor as to the identity, authority, or rights of any person executing the same and shall otherwise not be liable for any mistakes of fact or error of judgment, or for any acts or omissions of any kind unless caused by its willful misconduct or gross negligence. It is agreed that the duties of Escrow Agent are purely ministerial in nature and shall be expressly limited to the safekeeping of the Escrow Deposit and for the disposition of same in accordance with this Escrow Agreement and any costs, expenses or fees incurred by the Escrow Agent in the performance of these duties shall be bome equally by the Principals. Each Principal hereby agrees to indemnify, defend and hold Escrow Agent harmless from and against any and all claims, liabilities, damages, costs, penalties, losses, actions, suits or proceedings at law or in equity, or any other expenses, fees or changes of any character or nature (including, without limitation, attorneys' fees, paralegals' fees and costs incurred in all trial and appellate proceedings or otherwise if no litigation is instituted) which it may incur or with which it maybe threatened directly or indirectly arising from or in any way connected with this Escrow Agreement, whether or not such claims, liabilities, damages, costs, penalties, losses, actions, suits or proceedings arise from or are in any way connected with any negligence of Escrow Agent. Notwithstanding anything in this subparagraph 3(b) to the contrary, in no event shall Escrow Agent be absolved from any liability arising from Escrow Agent's gross negligence or willful misconduct. 4. Disputes (a) This Escrow Agreement shall remain in effect unless and until it is canceled in any of the following manners: (i) In the event Escrow Agent is joined as a party to a lawsuit by virtue of the fact that it is holding the Escrow Deposit Escrow Agent shall, at its option, either: (1) tender the Escrow Deposit to the registry of the appropriate court; or (2) disburse the Escrow Deposit in accordance with the court's ultimate disposition of the case, and Principal(s) hereby, jointly and severally, indemnify, defend and hold Escrow Agent harmless from and against any damages or losses in connection therewith including, but not limited to, attorneys' and paralegals' fees and court costs at all trial and appellate levels, except to the extent caused by Escrow Agent's gross negligence or willful misconduct. (n) In the event Escrow Agent tenders the Escrow Deposit to the registry of an appropriate court and files an action of interpleader naming the Principal(s) and any affected third parties of whom Escrow Agent has received actual notice, Escrow Agent shall be released and relieved from any and all further obligation and liability hereunder or in connection herewith and Principal(s) hereby, jointly and severally, indemnify, defend and hold Escrow Agent harmless from and against any damages or losses arising in connection therewith, including, but not limited to, all costs and expenses incurred by Escrow Agent in connection with Agenda Item #1.B. 09 Oct 2023 Page 43 of 52 Page 69 of 134 Attachment D to 8-14-23 Minutes the filing of such action, including, but not limited to, attorneys' and paralegals' fees and court costs at all trial and appellate levels, except to the extent caused by Escrow Agent's gross negligence or willful misconduct. 5. Terms of Agreement (a) This Escrow Agreement shall remain in effect unless and until it is canceled in any of the following manners: (b) (c) (i) Upon written notice given by all Principal(s) of cancellation of designation of Escrow Agent to act and serve in said capacity, in which event cancellation shall take effect no earlier than twenty (20) days after notice to Escrow Agent of such cancellation; or (ii) Escrow Agent may resign as escrow agent at any time upon giving notice to Principal(s) of its desire to so resign; provided, however, that resignation of Escrow Agent shall take effect no earlier than twenty (20) days after the giving of notice of resignation; or (iii) Upon compliance with all escrow provisions as set forth in this Escrow Agreement. In the event Principal(s) fail to agree to a successor escrow agent within the period described hereinabove, Escrow Agent shall have the right to deposit the Escrow Deposit, as is applicable, into the registry of an appropriate court and request judicial determination of the rights between Principal(s), by interpleader or other appropriate action, and Principal(s) hereby, jointly and severally, indemnify, defend and hold Escrow Agent harmless from and against any damages or losses in connection therewith including, but not limited to, reasonable attorneys' and paralegals' fees and court costs at all trial and appellatelevels. Upon termination of the duties of Escrow Agent in either manner set forth in Paragraph 5(a)(i) or Paragraph 5(a)(ii) above, Escrow Agent shall deliver the Escrow Deposit to the newly appointed escrow agent designated by the Principal(s), and, except for rights of Escrow Agent specified in Paragraph 3(b) above, Escrow Agent shall not otherwise have the right to withhold the Escrow Deposit from said newly appointed escrow agent. (d) Escrow Agent shall not be bound by any modification, cancellation or rescission of this Escrow Agreement unless in writing and signed by all Principal(s) and Escrow Agent. In no event shall any modification of this Escrow Agreement, which shall affect the rights or duties of Escrow Agent, be binding on Escrow Agent unless it shall have given its prior written consent. 6. Notices All notices, certificates, requests, demands, materials and other communications hereunder shall be in writing and deemed to have been duly given: (1) upon delivery by hand to the appropriate address of each Principal or Escrow Agent as set forth in this Escrow Agreement or in the Agenda Item #1.B. 09 Oct 2023 Page 44 of 52 Page 70 of 134 Attachment D to 8-14-23 Minutes Agreement, if any; or (2) upon receipt if mailed by United States registered or certified mail, return receipt requested, postage prepaid to such address or (3) upon delivery by electronic mail id's listed elsewhere in this agreement. All notices to Escrow Agent shall be addressed to the attorneys signing on behalf of Escrow Agent at the following address: Escrow Agent: McKillop Law Firm, PL Email: ian@mckilloplawfirm.com 7. Choice of Law and Venue This Escrow Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event any action, suit or proceeding is instituted as a result of any matter or thing affecting this Escrow Agreement, the parties hereto hereby designate Duval County, Florida, as the proper jurisdiction and the venue in which same is to be instituted. 8. Cumulative Rights Except as limited herein, no right, power or remedy conferred upon Escrow Agent by this Escrow Agreement is exclusive of any other right, power or remedy. All such rights, powers and/or remedies shall be cumulative and concurrent and shall be in addition to any other right, power or remedy Escrow Agent may have under the Escrow Agreement or now or hereafter existing at law, in equity or by statute, and the exercise of one right, power or remedy by Escrow Agent shall not be construed or considered as a waiver of any other right, power or remedy. 9. Binding Agreement This Escrow Agreement shall be binding upon the Principal(s) and Escrow Agent and their respective successors and assigns. This Escrow Agreement may be executed in counterparts, all of which counterparts shall be deemed to be a single document. Signature pages received by facsimile transmission shall be deemed to be an original document. 10. Entire Agreement The Agreement and this Escrow Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all other written or oral agreements, documents, memoranda, understandings or otherwise between the parties relating to the subject matter hereof. In the event of any conflict between the Agreement and this Escrow Agreement, the terms and provisions of this Escrow Agreement shall control. 11. WAIVER OF JURY TRIAL THE PRINCIPAL(S) EACH HEREBY MUTUALLY, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF OR UNDER OR IN CONNECTION WITH THIS ESCROW AGREEMENT OR ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OR CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF ANY PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS ESCROW AGREEMENT. Agenda Item #1.B. 09 Oct 2023 Page 45 of 52 Page 71 of 134 ESCROW AGENT: Attachment D to 8-14-23 Minutes SELLER: HOOSE HOMES AND INVESTMENTS, LLC., a Florida limited liability company By: Name: Title: Date: BUYER: CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation By: Name: Title: Date: Attest: Donna Bartle, City Clerk McKillop Law Firm, PL, By: Name: Title: Date: Agenda Item #1.B. 09 Oct 2023 Page 46 of 52 Page 72 of 134 PREPARED BY: Attachment D to 8-14-23 Minutes EXHIBIT C DEED SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made and executed as of the day of , 2023, by a ("Grantors"), whose address is to a ("Grantee"), whose address is WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors hereby grant, bargain, sell, convey and confirm to Grantee and its successors and assigns, all of the real property in Duval County, Florida, more particularly described on Exhibit A attached hereto and made a part of this Deed (the "Property"), together with all tenements, hereditaments, and appurtenances pertaining to the Property and subject to the restrictions, easements, agreements, reservations and other matters set forth on Exhibit B attached hereto and made a part hereof and other matters of record (the "Permitted Exceptions"). TO HAVE AND TO HOLD the same in fee simple forever. Grantors hereby covenant with Grantee that the Property is free from all encumbrances placed on the Property by Grantors (except for the Permitted Exceptions) and that Grantors will warrant and defend Grantee's title against lawful claims of all persons claiming by, through or under Grantors (except claims made pursuant to the Permitted Exceptions) but against none other. (Signature blocks, notary blocks, Exhibit A and Exhibit B to be added to document to he executed by the parties at the Closing] Agenda Item #1.B. 09 Oct 2023 Page 47 of 52 Page 73 of 134 Attachment D to 8-14-23 Minutes EXHIBIT D DUE DILIGENCE MATERIALS DOCUMENTS REQUESTED All title commitment, policies and related instruments All surveys All land records Current Service Contracts All environmental and geotechnical reports of the Property Agenda Item #1.B. 09 Oct 2023 Page 48 of 52 Page 74 of 134 Attachment D to 8-14-23 Minutes EXHIBIT E FORM OF BILL OF SALE AND GENERAL ASSIGNMENT , 202 KNOW ALL PEOPLE BY THESE PRESENTS, that, HOOSE HOMES AND INVESTMENTS, LLC., a Florida limited liability company ("Seller"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) lawful money of the United States, and other good and valuable consideration to Seller in hand paid, at or before the ensealing and delivery of these presents, by CITY OF ATLANTIC BEACH, FLORIDA., a municipal corporation ("Buyer"), the receipt and sufficiency of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell, convey, set over, transfer, assign and deliver unto the Buyer, its successors and assigns, the following: (a) All of Seller's right, title and interest in and to all fixtures and equipment attached to or located on and used in connection with the operation of the parcel of land attached hereto (the "Land") and the buildings and improvements erected thereon (the foregoing, collectively with the Land is herein, the "Premises"), including all fixtures, appliances, furniture, furnishings, equipment, machinery, signage and lighting systems ((including all communication related equipment integral to the operation of the Premises or utilized as an amenity in the Premises), plumbing, air conditioning, heating ventilating, mechanical, electrical and other utility systems, parking and all related amenities, window coverings, shades, screens, awnings, shutters, hot water heaters, appliances, carpeting and other coverings, mantels, fences, gates, trees, shrubs, if any, owned by Seller and installed, located or situated on or used in connection with the operation and maintenance of the Premises, which is being conveyed simultaneously with the conveyance by Seller to Buyer of all its right, title and interest in and to the Premises by a Deed of even date herewith; (b) All of Seller's right, title and interest in and to all those permits, licenses, certificates, approvals, authorizations, variances and consents (including any and all presently pending applications therefor) affecting the Land and the buildings and improvements thereon issued to Seller or to its predecessors in interest in the Premises as holder, claimant, licensee, successor in interest, applicant and/or owner or lessor of the Premises, by any and all federal, state, county, municipal and local governments, and all departments, commissions, boards, bureaus and offices thereof, having or claiming jurisdiction over the Premises, whether or not the same may presently be in full force and effect, all to the extent that Seller may lawfully transfer the same to Buyer; (c) all of Seller's right, title and interest in and to all intangible assets relating to the Premises, including all of Seller's right, title and interest, if any, in (a) all licenses, permits and approvals relating to the Premises, (b) the right to use the name of the Premises, if any, in connection with the Premises; and all logos and tradenames relating to the Premises, and (c) all contract rights, (d) all plans and specifications relating to the Premises. Agenda Item #1.B. 09 Oct 2023 Page 49 of 52 Page 75 of 134 Attachment D to 8-14-23 Minutes (d) All of Seller's right, title and interest in and to all unexpired warranties and guaranties affecting the Premises, all to the extent that Seller may lawfully transfer the same to Buyer (it being agreed that nothing in this Section (d) shall be construed to affect Seller' rights under such warranties and guaranties with respect to periods prior to the date hereof); and (e) All of Seller's right, title and interest in and to all appraisals, surveys, architectural and/or engineering renderings, plans and specifications, soils and other geological reports and studies, and all other reports, studies and other information relating in any way to development and/or use of the Premises. (f) All of Seller's right, title and interest in and to any and all subsurface and/or other mineral rights for the Premises. To have and to hold the same unto Buyer, its successors and assigns forever. [The remainder of this page has been intentionally left blank] Agenda Item #1.B. 09 Oct 2023 Page 50 of 52 Page 76 of 134 Attachment D to 8-14-23 Minutes IN WITNESS WHEREOF, this Bill of Sale has been duly signed and sealed by the Seller as of the date first set forth above. BUYER: CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation By: Name: Title: Date: Attest: Donna Bartle, City Clerk SELLER: HOOSE HOMES AND INVESTMENTS, LLC, a Florida limited liability company By: Name: Title: Date: Agenda Item #1.B. 09 Oct 2023 Page 51 of 52 Page 77 of 134 Attachment D to 8-14-23 Minutes Exhibit A "Land" Agenda Item #1.B. 09 Oct 2023 Page 52 of 52 Page 78 of 134 Agenda Item #3.A. 09 Oct 2023 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 90 -Day Calendar for the Mayor and Commission SUBMITTED BY: Yvonne Calverley, Executive Assistant to the City Manager 7C� TODAY'S DATE: October 4, 2023 MEETING DATE: October 9, 2023 BACKGROUND: The 90 -day calendar is included on the agenda for the purpose of setting meeting dates and determining the location, time and whether to videotape special meetings and workshops. The rolling 90 -day calendar will be revised after receiving input from City staff and the Commission, and will be included in each agenda for consideration. NOTES: 1) A Special Called Meeting is scheduled for Mon. Oct. 9 at 5:30 pm in the Chamber. Subj: LIUNA Salary Request 2) A Town Hall Meeting is scheduled at 10 am on Saturday, Oct. 14, in the Jordan Park Community Center. Subj: Parks Master Plan 3) A workshop is tentatively scheduled for Mon. Oct. 16 at 5:30 pm in the Chamber. Subj: Updates to land -development regulations and comp plan 4) A public meeting on the Parks Master Plan is scheduled for Tues. Oct 24 at 1 and 6 pm in the Chamber 5) The annual Board and Committee Member Appreciation Reception is scheduled for Thurs. Oct 26 at 6:30 pm at the Adele Grage Cultural Center. 6) An appeal hearing for 1110 Scheidel Court is scheduled for Mon. Oct. 30 at 5:30 pm in the Chamber. BUDGET: None RECOMMENDATION: Approve the 90 -Day Calendar for October — December 2023 ATTACHMENT: 1) Mayor and Commission 90 -Day Calendar (October — December 2023) REVIEWED BY CITY MANAGER: �3 Page 79 of 134 VES JO 08 abed MAYOR AND COMMISSION October 2023 SUNDAY MONDAY TUI:.SD.\Y WEDNESDAY "11IURSD.\Y FRIDAY SATURDAY 1 Farmers Market 10 am — 2 pm (Russell Park) Songwriters 6 pm (Bull Park) 8 Farmers Market 10 am-2pm (Russell Park) i5 Farmers Market 10 am — 2 pm (Russell Park) 22 Farmers Market 10 am — 2 pm (Russell Park) Sea and Sky Air Show (Jax Beach) 29 2 9 Special Called LIUNA Salary Request 5:30 pm Commission Mtg 6:30 pm (Invoc-Ford) 16 Workshop Subj: Updates to land development regs & Comp Plan 5:30 pm (Tentative) 23 Commission Mtg 6:30 pm (Invoc-Bole) 30 CDB Appeal Hearing (1110 Scheidel Ct) 5:30 pm 3 10 ARCC 6 pin 17 Community Development Board Meeting 6 pm 24 Public Meeting Parks Master Plan (Chamber) 1 and 6 pm 31 Haunts and Treats 6-8 pm (City Hall Parking Lot/Public Safety) 4 11 ESC Tree Subcommittee 5:15 pm ESC Meeting 6 pm 18 ESC Outreach Subcommittee Meeting 4:45 pm 25 Charter Review Committee 6 pm 5 Special Meeting 6 Police Officers' Pension Board of Trustees 1 pm ESC Speaker Series bpm 12 13 19 20 STOP Committee Meeting 6 pm 26 ESC Sustainability 27 & Resiliency Subcorn Meeting 9 am Board & Committee Member Reception 6:30 pm 14 Town Hall Meeting Subj: Parks Master Plan (Jordan Park) 10 am to Noon 21 Sea and Sky Air Show (Jax Beach) 28 Family Fun Day 10 am (Jack Russell) VET JO T8 abed MAYOR AND COMMISSION November 2023 SUNDAY MOND.\Y TUESD.\Y `v'v'EDNESD:\Y THURSDAY 1 RID_\Y S.\TURD.\Y **INVITE: Senior and City Employee Thanksgiving Luncheon November 16 • 11:30 am to 1 pm Gail Baker Center 5 Farmers Market 6 (Russell Park) 10 am - 2 pm Songwriters Concert (Bull Park) 6-8 pm 7 12 Fanners Market (Russell Park) 10 am-2pm 1.9 Farmers Market (Russell Park) 10 am-2pm 26 Fanners Market (Russell Park) 10 am - 2 pin 13 Commission Mtg 6:30 pm (Invoc — Waters) 20 27 Commission Mtg 6:30 pm (Invoc — Kelly) 14 ARCC Mtg 6 pm 21 Community Development Board Mtg 6 pm 28 8 ESC Tree Subcommittee 5:15 pni ESC Meeting 6 pm 15 ESC Outreach Subcommittee 4:45 pm 22 29 Charter Review Committee 6 pm 2 Special Magistrate Hearing 2 pm ESC Speaker Series 6 pm 9 Pension Board 6:30 pm 16 Sustainability & Resiliency Meeting - Noon STOP Committee 6 pm 23 3 10 City Offices Closed 17 24 City Offices City Offices Closed Closed 30 Artisans' Faire 5-8pm Adele Grage 4 Jazz Festival 3-8pm Johansen Park 11 Veterans Day Event 9-11 am Veterans Memorial Park 18 25 VET JO Z8 abed MAYOR AND COMMISSION December 2023 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRID_1Y SA'T'URDAY 3 Fanners Market 10 am —2 pm 10 Farmers Market 10 am --2 pm 17 Farmers Market 10 am — 2 pm Songwriters Concert 6 — 8 pm ?4 31 4 11 Commission Meeting 6:30 pm (Invoc-Ring) 18 Charter Review Committee 6 pm 25 City Offices Closed 5 12 ARCC Meeting 6 p 19 CDBG Meeting 6 pm 26 City Offices Closed 6 13 Tree Subcommittee Mtg 5:15 pm Environmental Committee 6 pm 20 Environmental Outreach Mtg 4:45 pm 27 7 Environmental Speaker Series 6 pm (Chamber) 14 21 STOP Committee 6 pm 28 Sustainability and Resiliency Subcommittee 9am 8 15 22 29 2 Holiday Celebration & Tree Lighting 4 to 8 pm (Town Center) 9 16 23 Toy Drive 10 am (Baker Center) 30 Agenda Item #3.B. 09 Oct 2023 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Dora Drive Property Purchase — Due Diligence Report SUBMITTED BY: Steve Swann, PE, City Engineee TODAY'S DATE: October 3, 2023 MEETING DATE: October 9, 2023 BACKGROUND: The City entered into a purchase and sales agreement (PSA) with Hoose Homes and Investments, LLC on August 28, 2023 for the purchase of three parcels totaling approximately 2.16 acres of vacant land at the east end of Dora Drive for $1,075,000. The three parcels included in this PSA as a potential purchase by the City are depicted on the attached map. The PSA allows for a 45 day feasibility period for the City conduct due diligence investigations to determine the suitability of the property for purchase. The feasibility period ends on October 11th at 5:00 PM. During this feasibility period, the City obtained a second appraisal (as required by F.S.), conducted a tree analysis and completed a Phase I Environmental Site Assessment. Property Appraisals Moody Williams Appraisal Group was initially hired by the City to complete an appraisal of the three parcels. Their appraisal was delivered on May 5, 2023 with the conclusion that the as -is market value of the property was $2,400,000. As required by Florida Statute, the City obtained a second appraisal from Colliers International. The Colliers International appraisal report was delivered on September 8, 2023 and concluded that the as -is property value of the property was $2,200,000. A summary of the appraisals are attached with a link to the complete reports Tree Analysis Planning staff conducted an analysis of the trees on the property to identify the majority of the trees 8" diameter or larger. This analysis determined that the majority of the larger trees on the property are camphor trees. Camphor trees are a non-native invasive species in North Florida. The Florida Exotic Pest Plant Council (FLEPPC) lists camphor as a Category 1 invasive species due to its ability to invade and displace native plant communities. The remainder of the trees are primarily a mix of cabbage palm, sycamore, live oak and pine, see attached Dora Drive Property Tree Analysis. The camphor trees are primarily located in areas that could potentially be utilized as a stormwater retention pond. The majority of the other trees 8" diameter or larger are located on the northwest and southeast portion of the property. Note that if this property was developed as allowed by the City's zoning code, the majority of all of the existing trees and vegetation would be removed from the site. Phase I Environmental Assessment A Phase I Environmental Site Assessment, ESA, was completed at the property, a summary of the findings are attached to this staff report with a link to the complete report. A Phase I ESA is completed to research the current and historical uses of a property as part of a commercial real estate transaction. The intent of the ESA is to identify any recognized environmental condition through assessment of current or historical 1 Page 83 of 134 Agenda Item #3.B. 09 Oct 2023 property uses that have impacted the soil or groundwater beneath the property and could pose a threat to the environment and/or human health. If these issues are found, it presents a potential liability for the City, as well as affecting the value of the property. A Phase I ESA completed prior to the closure of a real estate transaction is also used to satisfy the requirements of the Comprehensive Environmental Response, Compensation and Liability Act innocent land owner defense under All Appropriate Inquiries (AAI). A Phase I ESA does not include groundwater or soil sampling. The Phase I ESA completed for the Dora Drive property revealed no evidence of recognized environmental conditions associated with the exception of potential impacts associated with: • Stitches and Screens, which is conducting screen printing operations from two storage containers which are encroaching on the northwest corner of the property. Stitches and Screens was identified as a RCRA Hazardous Waste Very Small Quantity Generator which means they handle small quantities of hazardous materials such as paint thinners and solvents. • Raised mounds of soil with apparent trash in the central and northwestern portions of the property. No information was found concerning the origin of the soil mounded areas observed on the site. The potential for unsuitable materials to be present in the raised mounds located in various areas of the property and hazardous material handling operations associated with printing operations performed by Stitches and Screens in two storage containers located on the northwest corner of the site could not be fully evaluated through completion of this Phase I ESA therefore further assessment is recommended. Further assessment of the site would be conducted through completion of a Phase II ESA, which would include soil and groundwater analyses as well as physical exploration of the soil mounds on the property. Completion of a Phase II ESA and an analysis of the results would require up to 45 additional days. BUDGET: None RECOMMENDATION: Commission to request an extension of the feasibility period by an additional forty-five days to conduct a Phase II Environmental Site Assessment. ATTACHMENTS: LINKS: Map of Project Area Property Appraisal Summaries Dora Drive Property Tree Analysis Phase I Environmental Assessment summary Purchase & Sales Agreement Moody Williams Appraisal Colliers International Appraisal Phase I Environmental Site Assessrnent REVIEWED BY CITY MANAGER: tAg Page 84 of 134 VET JO S8 abed 1996 87.8 A1A 0 w 0i k M 00.8 ir o zr is 0 b 44 1980 h s A1A 1941 125.7 Simmons Rd 001# $ t 1939 1919 50 O 30 0 6 0 6 'r,5 50.00 0 1887 .7?0 •*r 28.78 MA 154.17 M/L 200 b h~ 1855 L 1863 1845 1585.52 NA 158.52 OWL Duval Map 55 4555 55 55 26.9 29.2 85 55 0 ss 135 6 120 Simmons Rd Simmons Rd - 17.5 55.00 55:04 55.00 :12126 40 50 �52�54m 60 M 0 ry 0 55.00 M 1,r .4 55 27.5 27.5 55 53.00 55.00 40 104 Tti 1940 346 SS 80 0 .e - SN,VT 40 11.66 52.22 32.2 s0 m 1853 1851 1844 1855 w;a vt a .4'18470 1.1 u M w 1954 xa 1vs 1860 120 1950 64 00 0 25 25 1515 15 25 15 25 15 I5 25 15'41 74 ti 6. March 15, 2023 1:1,128 o o.oi 0.01 0.03 mi 0 0.01 0.03 0.05 km Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, O OpenStreelMap contributors, and the GIS User Community Agenda Item pct 2023 ATLANTIC BEACH MULTI- FAMILY LAND 70 & 85 Dora Drive and 1940 Francis Avenue Atlantic Beach, Florida 32233 APPRAISAL REPORT 8, 2023 Date of Report Colliers File #1 JAX230313 Client File W. 231632 PREPARED BY COLLIERS INTERNATIONAL VALUATION & ADVISORY SERVICES PREPARED FOR Joe Gerrityintem City ana9er City of Atlantic Beach 80City Seminole Road Atlantic Atlantic Beach, FL 3223' Page 86 of 134 LETTER OF TRANSMITTAL September 8, 2023 Joe Gerrity Interim City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: Atlantic Beach Multi -Family Land 70 & 85 Dora Drive and 1940 Francis Avenue Atlantic Beach, Florida 32233 Colliers File #: JAX230313 Client File #: 231632 Mr. Gerrity: COLLIERS INTERNATIONAL VALUATION & ADVISORY SERVICES 76 S. Laura Street, Suite 1500 Jacksonville, FL 32202 USA MAIN+1 904 861 1150 FAX +1 904 353 4949 www.colliers.com/valuationadvisory Agenda Item #3.B. 09 Oct 2023 Colliers ERNATICNAL Pursuant with our engagement, the above captioned property was appraised utilizing best practice appraisal principles for this property type. This appraisal report satisfies the scope of work and requirements agreed upon by City of Atlantic Beach and Colliers International Valuation & Advisory Services. The date of this report is September 8, 2023. At the request of the client, this appraisal is presented in an Appraisal Report format as defined by USPAP Standards Rule 2-2(a). Our appraisal format provides a detailed description of the appraisal process, subject and market data and valuation analyses. The purpose of this appraisal is to develop an opinion of the As -Is Market Value of the subject property's fee simple interest. The following table conveys the final opinion of market value of the subject property that is developed within this appraisal report: VALUE TYPE INTEREST APPRAISED DATE OF VALUE As -Is Market Value Fee Simple August 29, 2023 $2,200,000 The subject is a 1.98 -acre site at 70 & 85 Dora Drive and 1940 Francis Avenue in Atlantic Beach, Florida. The site has a drainage ditch running across the northwestern portion of the property, reducing the total usable land area to 1.88 acres. The subject property is currently vacant, unimproved land and the City of Atlantic Beach is considering a purchase of the subject property for use as a park and/or stormwater pond. The analyses, opinions and conclusions communicated within this appraisal report were developed based upon the requirements and guidelines of the current Uniform Standards of Professional Appraisal Practice Colliers International Valuation & Advisory Services, and certain of its subsidiaries, is an independently owned and operated business and a member firm of Colliers International Property Consultants, an affiliation of independent companies with over 500+ offices throughout more than 68 countries worldwide, Page 87 of 134 Agenda Item #3.B. 09 Oct 2023 LETTER OF TRANSMITTAL CONTINUED JAX230313 (USPAP), the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The report, in its entirety, including all assumptions and limiting conditions, is an integral part of, and inseparable from, this letter. USPAP defines an Extraordinary Assumption as, "an assignment specific - assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions". USPAP defines a Hypothetical Condition as, "that which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis". The Extraordinary Assumptions and/or Hypothetical Conditions that were made during the appraisal process to arrive at our opinion of value are fully discussed below. We advise the client to consider these issues carefully given the intended use of this appraisal, as their use might have affected the assignment results. EXTRAORDINARY ASSUMPTIONS No Extraordinary Assumptions were made for this assignment. HYPOTHETICAL CONDITIONS No Hypothetical Conditions were made for this assignment. RELIANCE LANGUAGE The Appraisal is for the sole use of the Client; however, Client may provide only complete, final copies of the Appraisal report in its entirety (but not component parts) to third parties who shall review such reports in connection with loan underwriting or securitization efforts. Colliers International Valuation & Advisory Services is not required to explain or testify as to appraisal results other than to respond to the Client for routine and customary questions. Please note that our consent to allow the Appraisal prepared by Colliers International Valuation & Advisory Services or portions of such Appraisal, to become part of or be referenced in any public offering, the granting of such consent will be at our sole and absolute discretion and, if given, will be on condition that Colliers International Valuation & Advisory Services will be provided with an Indemnification Agreement and/or Non -Reliance letter, in a form and content satisfactory to Colliers International Valuation & Advisory Services, by a party satisfactory to Colliers International Valuation & Advisory Services. Colliers International Valuation & Advisory Services does consent to your submission of the reports to rating agencies, loan participants or your auditors in its entirety (but not component parts) without the need to provide Colliers International Valuation & Advisory Services with an Indemnification Agreement and/or Non -Reliance letter. Colliers International Valuation & Advisory Services hereby expressly grants to Client the right to copy the Appraisal and distribute it to other parties in the transaction for which the Appraisal has been prepared, including employees of Client, other lenders in the transaction, and the borrower, if any. Our opinion of value reflects current conditions and the likely actions of market participants as of the date of value. It is based on the available information gathered and provided to us, as presented in this report, and does not predict future performance. Changing market or property conditions can and likely will have an effect on the subject's value. © 2023 COLLIERS INTERNATIONAL VALUATION & ADVISORY SERVICES Page 88 of 134 CONTINUED LETTER OF TRANSMITTAL Agenda Item #3.B. 09 Oct 2023 The signatures below indicate our assurance to the client that the development process and extent of analysis for this assignment adhere to the scope requirements and intended use of the appraisal. If you have any specific questions or concerns regarding the attached appraisal report, or if Colliers International Valuation & Advisory Services can be of additional assistance, please contact the individuals listed below. Sincerely, COLLIERS INTERNATIONAL VALUATION & ADVISORY SERVICES ?Ci Kyle Hildenbrand Senior Valuation Specialist State Certified General Real Estate Appraiser License #RZ3943 +1 904 861 1105 kyle.hildenbrand@colliers.com Patrick R. Phipps, MAI Managing Director I Jacksonville State Certified General Real Estate Appraiser License #RZ2954 +1 904 861 1114 patrick. phipps @col liers.com © 2023 COLLIERS INTERNATIONAL VALUATION & ADVISORY SERVICES L Page 89 of 134 of MOODY WILLIAMS APPRAISAL GROUP 1300 Riverplace Boulevard, Suite 640 Jacksonville, Florida 32207 904-516-8900 APPRAISAL REPORT Prepared For: Vacant Residentially Zoned Land Eastern terminus of Dora Street Atlantic Beach, Duval County, Florida 32233 Mr. Steve Swann, P.E. City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Agenda Item #3.B. 09 Oct 2023 Page 90 of 134 Agenda Item #3.B. 09 Oct 2023 May 5, 2023 Mr. Steve Swann, P.E. City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 RE: Appraisal of three contiguous parcels located at the end of Dora Street in Atlantic Beach, Duval County, Florida. Appraisal Number: 2023-1163 Dear Mr. Swann, As requested, the following is an Appraisal Report of the above -referenced property. The subject property is specifically described by both narrative and legal description contained within the attached Appraisal Report. Furthermore, the report describes the subject, its market area environment, and surrounding influences, including current economic market conditions, the methods of approach to the valuation problem. It contains data gathered and analyzed in arriving at our conclusion of market value. We developed our analyses, opinions, and conclusions and prepared this report in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; and the requirements of our client as we understand them. Based on the appraisal presented in the following report and subject to the assumptions and limiting conditions and definition of market value as set forth herein, our opinion of market value is shown on the following page. Appraisal Premise Interest Appraised Date of Value Value Conclusion Market Value As Is" Fee Simple May 3, 2023 $2,400,000 The value above is subject to definitions, assumptions and limiting conditions set forth in the accompanying report of which this summary is part. No party other than the client and intended user may use or rely on the information, opinions and conclusions contained in the report. It is assumed that the user of the report has read the entire report. 1300 Riverplace Boulevard, Suite 640, Jacksonville, Florida 32207 904.516.8900 moodywilliams.com Page 91 of 134 Agenda Item #3.B. 09 Oct 2023 Extraordinary Assumptions & Hypothetical Conditions The value conclusion is subject to the following extraordinary assumptions that may affect the assignment results. An assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions. 1. No metes and bounds legal description was provided for the subject. As such, we have taken the subject's parcel sizes from public records, which are assumed to be correct. If a boundary survey proves these land sizes inaccurate, our opinion of the subject's market value could be affected. The value conclusion is based on the following hypothetical conditions that may affect the assignment results. A Hypothetical Condition is a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. 1. None If you have questions or comments, please contact the undersigned. Thank you for the opportunity to provide appraisal services. Respectfully Submitted, MOODY WILLIAMS APPRAISAL GROUP, LLC Michael Hotaling Managing Partner State -Certified General Real Estate Appraiser RZ3226 John Timlin Trainee Appraiser State -Registered Trainee Appraiser RI25435 c's" Ronald K. Moody, MAI, SRA Founding Partner State -Certified General Real Estate Appraiser RZ864 1300 Riverplace Boulevard, Suite 640, Jacksonville, Florida 32207 904.516.8900 1 moodywilliams.com Page 92 of 134 m N O N r-I 00 Agenda Item #3.B. 09 Oct 2023 Page 93 of 134 VES JO 176 abed ...mw. Nur PrimaCamphor cavo Primarily Camphor caooPY 13 12 14 15 S°3 E.H 001411E0'" 01YISION 0 .SNIP Mix of oak and Camphor canopy . lera to Y PIXY 18 17 S SETT. ti N/// 16 1°11" FmI lI1 V1,- . .A.pi 7rr 'M•9 ILU BFR' . F+ 377 S a' .117.:4,7"`..c'.7 B0T B101 . ABFRI .. rut FFIM.( IR mn nr. 4 i c Tree Number Tree size and species 1 8" Norfolk Pine 2 50" Camphor (multi -trunk) 3 10" Camphor 4 30" Camphor 5 14" Camphor 6 10" Palm 7 10" Palm 8 12" Camphor 9 15" Unknown 10 26" Oak (multi -trunk) 11 20" Camphor 12 15" Palm 13 20" Camphor 14 20" Camphor 15 18" Pine 16 22" Sycamore 17 20" Sycamore 18 16" Sycamore VET JO S6 abed Primarily Camphors Primarily Sycamores Primarily Camphors Mix of Oaks, Palms VET JO 96 aed Mix of Oaks, Palms, and if, Camphors 1..)2? PHASE I ENVIRONMENTAL SITE ASSESSMENT HOOSE HOMES 70 AND 85 DORA DRIVE AND 1940 FRANCIS AVENUE (PARCEL #S: 172122 0000, 172119 0000, 172118 0000) ATLANTIC BEACH, DUVAL COUNTY, FLORIDA PREPARED FOR: City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 PREPARED BY: The Blackledge Group, Inc. 6950 Philips Hwy., Suite 6 Jacksonville, FL 32216 Project Number: 23.233.02 October 2, 2023 Agenda Item #3.B. 09 Oct 2023 Page 97 of 134 Agenda Item #3.B. 09 Oct 2023 TABLE OF CONTENTS GENERAL INFORMATION 1 Environmental Professional Certification 1 1.0 SUMMARY 2 1.1 Findings and Opinions 3 1.2 Recommendations 4 2.0 INTRODUCTION 4 2.1 Purpose 4 2.2.1 Records Review 4 2.2.2 Site Reconnaissance 5 2.2.3 Interviews 5 2.2.4 Report Preparation 5 2.3 Vapor Intrusion 6 2.4 Limitations 6 2.4.1 Data Gaps 6 2.5 Special Terms and Conditions 7 2.6 User Reliance 7 3.0 SUBJECT SITE DESCRIPTION 7 3.1 Location 7 3.2 Site and Vicinity Characteristics 7 3.3 Current Uses of the Site 8 3.4 Description of Site Structures and Improvements 8 3.5 Current Uses of Adjoining Properties 8 4.0 USER PROVIDED INFORMATION 8 4.1 Title Records 8 4.2 Environmental Liens or Activity and Use Limitations 8 4.3 Specialized Knowledge 9 4.4 Commonly Known or Reasonably Ascertainable Information 9 4.5 Valuation Reduction for Environmental Issues 9 4.6 Owner, Property Manager, and Occupant Information 9 4.7 Reason for Performing Phase I ESA 9 4.8 Degree of Obviousness 9 4.9 Project Background 9 4.10 Other 9 5.0 RECORDS REVIEW 9 5.1 Standard Environmental Record Sources 10 5.1.1 Federal, State and County Records Review 10 5.2 Additional Environmental Records 11 5.3 Physical Setting Sources 12 5.4 Historical Use Information On The Property 12 5.4.1 Aerial Photograph Review 12 5.4.2 Property Ownership Records 15 5.4.3 Sanborn Fire Insurance Map Review 15 5.4.4 City Directory Review 15 5.4.5 Land Use Records 17 5.4.6 Other Historical Sources 18 5.5 Historical Use Information on Adjoining Parcels 19 6.0 SITE RECONNAISSANCE 20 6.1 Methodology and Limiting Conditions 20 6.2 General Site Setting 20 Page 98 of 134 Agenda Item #3.B. 09 Oct 2023 6.3 On -Site Reconnaissance 20 6.3.1 Site Operations, Processes and Equipment 20 6.3.2 Aboveground Chemical or Waste Storage 20 6.3.3 Underground Chemical or Waste Storage, Drainage or Collection Systems 20 6.3.4 Electrical Transformers / PCBs 21 6.3.5 Releases or Potential Releases 21 6.3.6 Other Notable Site Features 21 7.0 INTERVIEWS 21 7.1 Interview with Site Owner 22 7.2 Interview with Site Manager 22 7.3 Interviews with Occupants 22 7.4 Interviews with Government Officials 22 7.5 Interview with User 22 7.6 Interviews with Others 23 8.0 FINDINGS AND OPINIONS 23 9.0 CONCLUSIONS 24 10.0 DEVIATIONS 25 11.0 NON -ASTM SCOPE ITEMS 25 12.0 REFERENCES 25 13.0 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONALS 25 14.0 SIGNATURE OF ENVIRONMENTAL PROFESSIONALS 25 APPENDICES APPENDIX A Site Photographs APPENDIX B Figures APPENDIX C Property Record Information APPENDIX D Regulatory Database Report and Regulatory Records APPENDIX E Historical References Documentation APPENDIX F Supporting Documentation APPENDIX G Qualifications of Assessors Page 99 of 134 LIST OF ABBREVIATIONS amsl Above Mean Sea Level AST Aboveground Storage Tank ASTM American Society for Testing and Materials AUL Activity and Use Limitation BLS Below Land Surface CERCLIS Comprehensive Environmental Response Compensation and Liability Information System CFR Code of Federal Regulations CORRACTS RCRA Corrective Action CREC Controlled Recognized Environmental Condition DCPA Duval County Property Appraisers EDI Early Detection Initiative EPA Environmental Protection Agency ERNS Emergency Response Notification System ESA Environmental Site Assessment FDEP Florida Department of Environmental Protection HREC Historical Recognized Environmental Condition IC/EC Institutional Controls/Engineering Controls LUST Leaking Underground Storage Tank mg/kg milligrams per kilogram NA Not Applicable NFA No Further Action NFRAP No Further Remedial Action Planned NREQ Cleanup Not Required NWI National Wetland Inventory NPL National Priority List OCULUS FDEP's Document Management System PAH Polycyclic Aromatic Hydrocarbons PALMM Publication of Archival, Library & Museum Materials PCB Polychlorinated Biphenyl PLRIP Petroleum Liability and Restoration Insurance Program PMT Pad/Pole Mounted Transformer ppm/ppb parts per million/parts per billion PRC Property Record Card RCRA Resource Conservation and Recovery Act RCRAGN RCRA Generator RE# Real Estate Number REC Recognized Environmental Condition SR State Road SRCO Site Rehabilitation Completion Order SWF/LF Solid Waste Facilities/Landfill TBG The Blackledge Group, Inc. TPH Total Petroleum Hydrocarbons TRPH Total Recoverable Petroleum Hydrocarbons TSD Treatment, Storage and Disposal USGS United States Geological Survey UST Underground Storage Tank Agenda Item #3.B. 09 Oct 2023 Page 100 of 134 GENERAL INFORMATION Project / Subject Site Information: 70 Dora Drive (RE#172122-0000) 85 Dora Drive (RE#172119-0000) 1940 Francis Avenue (RE #172118-0000) Atlantic Beach, Duval County, Florida Latitude (North): 30.338836 - 30°20'19.8" Longitude (West): -81.412003 - -81°24'43.2" Site Access Contact: Mr. Steve Swann Client Information: City of Atlantic Beach Attn: City Manager Office 800 Seminole Road Atlantic Beach, Florida 32233 User Information: Mr. Steve Swann City Engineer City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Consultant Information: The Blackledge Group, Inc. 6950 Philips Hwy., Ste. #6 Jacksonville, FL 32216 Site Assessor: Lori Sackman Senior Scientist Agenda Item #3.B. 09 Oct 2023 Environmental Professional Certification I declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in 40 CFR Part 312. I have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject site. I have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. Philip Elson Senior Environmental Professional 1 of 25 Page 101 of 134 Agenda Item #3.B. 09 Oct 2023 1.0 SUMMARY The Blackledge Group, Inc. (TBG) has performed a Phase I ESA in conformance with the scope and limitations of ASTM Standard E 1527-21 of an approximate 2.16 -acre, undeveloped, irregularly-shaped property located at 70 Dora Drive (RE#172122-0000), 85 Dora Drive (RE#172119-0000), and 1940 Francis Avenue (RE #172118-0000); Atlantic Beach, Duval County, Florida, hereafter referred to as the subject site. The subject site is currently wooded and undeveloped. Any exceptions to, or deletions from, this practice are described in Section 2.0 of this report. This Summary should not be considered a stand-alone document and must be evaluated in conjunction with the discussions, supporting documentation, and limitations within this ESA report. TBG conducted the site reconnaissance on September 6 and 12, 2023. Access to the site was available from Dora Drive to the west and Francis Avenue to the east. Based on our field observations, historical research, public records reviews and interviews conducted in accordance with ASTM Standard E 1527-21, the findings of this Phase I ESA are as follows: 1. This assessment has revealed no evidence of recognized environmental conditions associated with the subject site, except for potential impacts associated with: • Raised mounds of soil with apparent trash in the central and the northwestern portions of the subject site. No information was found concerning the origin of the soil mounded areas observed on the subject site. • Stitches and Screens, a screen printing/painting business which is conducting screen printing operations from two recycled storage containers which are encroaching on the northwest corner of the subject site. Stitches and Screens was identified in the Envirosite database report as a RCRA Hazardous Waste Very Small Quantity Generator. 2. The subject site is currently heavily wooded, vacant, and undeveloped. Slightly elevated areas, covered with vegetation with visible trash, were observed in the heavy vegetative central and northwestern portions of the subject site. Two shipping containers used by a northern adjacent screening printing company Stitches and Screens appear to be encroaching on the northwestern corner of the subject site. A drainage ditch was observed on the northern portion and along the western border of the subject site. 3. At the time of the site investigation, the subject site was undeveloped and wooded property. Large areas of the subject site were overgrown with trees and vegetation, preventing a thorough ground truthing throughout the property. Possible mounds of trash were observed in areas of the central and northwest portions of the site at the time of the site inspection. A small, cleared area was observed at the end of Dora Drive in the western, central area of the subject site. Also, the um - improved northeast comer section of the subject site on Francis Avenue was occupied by what appeared to be a homeless camp. No commercial septic tanks, seeps, or unusual odors were observed onsite during the site inspection. 4. City directories identified residential listings at the 70 and 85 Dora Drive addresses between 1968 and 1983. 1940 Francis Avenue was not listed. Otherwise, the subject site was not listed or listed as vacant. 5. Based on historical records reviewed, the subject site appears to have been undeveloped in 1918. Beginning in 1948, three structures were visible on the subject site. City directories identified 2 of 25 Page 102 of 134 Agenda Item #3.B. 09 Oct 2023 residential listings at the 70 and 85 Dora Drive addresses between 1968 and 1983, after which the addresses were either listed as vacant or unlisted. 6. No potential environmental concerns were noted from the adjacent properties, with the exception of the potential impacts associated with Stitches & Screens, a screen printing/painting business to the northwest and north of the subject site. Residential development followed by Simmons Road is also located to the north or the subject site. Adjacent properties along the eastern site boundary are primarily residentially developed followed by Francis Avenue. West of the subject site are commercial businesses consisting of a used car lot, a psychic, and a custom cabinetry shop followed by Mayport Road. Properties south of the subject site are residentially developed. Based on historical records reviewed, the adjacent properties to the south and east appear to have been primarily either undeveloped and wooded or residential from at least 1918 to the present. Adjacent properties to the north and west appear to have been primarily light industry/commercial and residential from at least 1948 to the present. 7. During the site inspection, no evidence of the use, storage, disposal, or generation of hazardous substances was observed on the subject site, with the exception of Stitches and Screens a screen printing/painting business which is conducting screen printing operations from two recycled storage containers which are encroaching on the northwest corner of the subject site. 8. No evidence of obvious surface discharges, such as stained soil or pavement; stressed vegetation; or roads/pathways likely to have been used for illegal disposal of hazardous waste or petroleum products was observed on the subject site. 9. The subject site was not identified by the Envirosite or FDEP's Map Direct database searches. Twenty facilities were identified within the ASTM minimum search distances shown in the Envirosite report. No potential off-site concems were noted from these facilities, with the exception of Stitches and Screens, which was identified within the ASTM minimum search distances shown in the Envirosite report and is listed as a Very Small Quantity Generator of Hazardous Waste. 1.1 Findings and Opinions Recognized Environmental Conditions (RECs) are defined by ASTM Standard E 1527-21 as the presence of likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products on the property or into the ground, groundwater, or surface water of the property. This assessment has revealed no evidence of recognized environmental conditions associated with the subject site, except for potential impacts associated with 1) raised mounds of apparent trash in the central and the northwestern portions of the site and 2) Stitches and Screens, a screen printing/painting business located adjacent to the northwestern section of the subject site whose two shipping containers used for screen printing and painting operations appear to be encroaching and located on the subject site's northwest corner. No information was found concerning the origin of the soil mounded areas observed on-site. Stitches and Screens was identified within the ASTM minimum search distances shown in the Envirosite report and is listed as a Very Small Quantity Generator of Hazardous Waste. The facility reportedly generates D001 — Ignitable Waste. No violations were reported for the facility. Based on the results of the database review, no off-site concerns were noted from this facility. 3 of 25 Page 103 of 134 Agenda Item #3.B. 09 Oct 2023 Historical Recoenized Environmental Conditions 1HRECsl are defined by ASTM Standard E 1527-21 as an environmental condition which in the past would have been considered a recognized environmental condition, but which may or may not be considered a recognized environmental condition currently. TBG' s investigation has revealed no historical RECs associated with the property or nearby properties. Environmental Issues include environmental concems identified by TBG that warrant discussion but do not qualify as a REC, as defined by ASTM Standard E 1527-21. TBG's investigation has revealed no environmental issues associated with the subject property or nearby properties. Wetland areas were observed on the northern portion of the subject site. 1.2 Recommendations The potential for unsuitable materials to be present in the raised soil mounds located in various areas of the subject site and hazardous material handling operations associated with painting operations performed by Stitches and Screens in two storage containers located on the northwest corner of the subject site could not be fully evaluated therefore further assessment is recommended. 2.0 INTRODUCTION 2.1 Purpose The purpose of this Phase I ESA is to identify, to the extent feasible pursuant to ASTM Standard E 1527- 21, recognized environmental conditions in connection with the subject site. Per the ASTM standard, the term recognized environmental conditions is defined as, "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. De minimis conditions are not recognized environmental conditions." Although performance of this investigation in a manner that is generally consistent with the ASTM Standard E 1527-21 is of benefit, it should be recognized that the Standard of "All Appropriate Inquiry" or "good commercial or customary practice" can only be made on a case-by-case basis and is subject to judicial interpretation. 2.2 Scone of Work This Phase I ESA was conducted in general accordance with ASTM Standard E 1527-21, "Standard Practice for Environmental Site Assessments: Phase i Environmental Site Assessment Process." The assessment consisted of four components: records review, site reconnaissance, interviews, and report preparation. The scope of work does not include an evaluation of asbestos -containing building materials, lead-based paint, lead in drinking water, regulatory compliance, soil or groundwater sampling and analysis, cultural and historical resources, industrial hygiene, health and safety, ecological resources, indoor air quality, radon, site geotechnics (soils, foundations, site retention, etc.), wetlands, endangered species, or construction materials testing. TBG can provide these additional services, if requested. 2.2.1 Records Review Historical Research: Sources such as historical aerial photographs and topographic maps, city directories, and fire insurance maps were reviewed, if reasonably ascertainable, to evaluate the historical usage of the subject site and surrounding properties. Additionally, a chain -of -title and an environmental lien search were reviewed if provided by the Users. 4 of 25 Page 104 of 134 Agenda Item #3.B. 09 Oct 2023 Physical Settine Sources: Various maps, reports, and technical publications were reviewed, and observations of site conditions were made to evaluate the hydrogeological/geological conditions associated with the subject site and surrounding properties. This data can provide pertinent information about the subject site, including soil classification, surface water flow directions, and possibly, an indication of the local directions of surficial aquifer groundwater flow. Environmental Public Records Review: Reasonably ascertainable local, state, tribal and federal environmental records and the regulatory database search were reviewed to help assess the likelihood of problems from migrating hazardous substance or petroleum products. Public records identifying these facilities can provide indications of the potential for recognized environmental conditions to be present at the subject site. TBG obtained, reviewed and evaluated reasonably ascertainable information from the Client, Users, subject site owner; local, state, tribal, or federal entities; and the environmental regulatory database search. The conclusions and recommendations of this report are based, in part, on this information. The data reviewed during this investigation appeared to be accurate; however, the provided services do not include the verification of the accuracy or authenticity of information provided by others. 2.2.2 Site Reconnaissance On-site Reconnaissance: Visual and physical inspections conducted as part of this investigation included walking the interior of the subject site and the subject site perimeter, where accessible. Additionally, observations of access to and egress from the subject site were noted, as well as the presence and condition of any on-site buildings, utilities, or other improvements. This visual and physical inspection of the property focused primarily on its surface features. Off-site Reconnaissance: Off-site reconnaissance conducted as part of this investigation included visual and physical inspections of the adjoining properties from the subject site boundary and from publicly accessible areas. Additionally, a vehicular reconnaissance of the surrounding properties was conducted. During these inspections, an emphasis was placed on observing the operations or conditions exhibiting the potential for recognized environmental conditions. If any sources were identified, the inspector would document the name and location of the facility. 2.2.3 Interviews TBG conducted interviews with available individuals familiar with the subject site, as well as local, state, tribal or federal agency representatives, regarding issues which could have an adverse effect on the environmental status of the subject site. TBG depends on the Client, tenant, and other site personnel to provide data pertinent to determining the environmental status of the subject site, which may or may not exist within public records. The conclusions and recommendations of this report are based, in part, on this information. The data obtained during this investigation appeared to be accurate; however, the provided services do not include the verification of the accuracy or authenticity of information provided by others. 2.2.4 Report Preparation This report was prepared based upon the information provided by the Site Owner and the User, the observations made during the site reconnaissance, and the information obtained from a review of readily available records. Given the inherent limitations of environmental assessment work, TBG will not 5 of 25 Page 105 of 134 Agenda Item #3.B. 09 Oct 2023 guarantee that any site is free of hazardous or potentially hazardous materials or that latent or undiscovered conditions will not become evident in the future. This report was prepared within the professional conduct of the industry and in accordance with the proposal and the standard terms and conditions presented in the contract. No other warranties, representations or certifications are made. 2.3 Vapor Intrusion TBG evaluated the potential for vapor intrusion conditions as part of this investigation. A Phase I ESA with RECs associated with volatizing chemicals of concem [such as but not limited to VOCs, SVOC, and TPH and the associated subsets of these analyte lists like BTEX/VOAs, PAHs, and TRPH/TPH (GRO)/TPH (DRO)/TPH (ORO)] being or possibly being present in the subject site's subsurface has the potential for vapor intrusion to occur in the current and/or future site structure(s). 2.4 Limitations TBG has prepared this assessment for the Client. TBG's assessment represents a review of certain information relating to the subject site that was obtained by methods described above and does not include sampling or other monitoring activities at the property. While TBG has used reasonable care to avoid reliance upon data and information that is inaccurate, TBG is not able to verify the accuracy or completeness of all data and information available during the investigation. Some of the conclusions in this report would be different if the information upon which they are based is determined to be false, inaccurate or incomplete. TBG makes no legal representations whatsoever concerning any matter including, but not limited to, ownership of any property or the interpretation of any law. TBG further disclaims any obligation to update the report for events taking place after the time during which the assessment was conducted. This report is not a comprehensive site characterization and should not be construed as such. The opinions presented in this report are based upon the findings derived from a site reconnaissance, a limited review of specified regulatory records and historical sources, and comments made by the interviewees. Phase I ESAs, by their very nature, are limited. TBG has endeavored to meet what it believes is the applicable standard of care, and, in doing so, is obliged to advise the Client of Phase I ESA limitations. TBG believes that providing information about limitations is essential to help the Client and the Users identify and thereby manage its risks. Through additional research, these risks can be mitigated - but they cannot be eliminated. TBG will, upon request, advise the Client of the additional research opportunities available, their impact, and their cost. As noted above, the Phase I ESA was conducted at the referenced subject site, and this report was prepared for the sole use of the Client. This report shall not be relied upon by or transferred to any other party without the express written authorization of TBG. Along with all of the limitations set forth in various sections of the ASTM Standard E 1527-21 protocol, the accuracy and completeness of this report is necessarily limited by the fact that the site was covered with dense trees and vegetation, limiting access to interior portions of the site. 2.4.1 Data Gaps Data gaps are the lack or inability to obtain information required by ASTM Standard E 1527-21 despite good faith efforts to gather such information, such as, but not limited to, the inability to conduct a site visit, inability to conduct interviews, and the inability to establish historical uses of the subject site or surrounding properties. Not all data gaps are significant, and a data gap will only be discussed in this section if: 1) a data 6 of 25 Page 106 of 134 Agenda Item #3.B. 09 Oct 2023 gap occurs during investigation; and 2) the data gap impairs TBG's ability to meet the objectives of ASTM Standard E 1527-21. No apparent significant data gaps were noted during the investigation of the subject site. 2.5 Special Terms and Conditions This report, and the information contained herein, shall be the sole property of TBG until payment of any unpaid balance is made in full. The Client agrees that until payment is made in full, the Client shall not have a proprietary interest in this report, or the information contained herein. TBG shall have the absolute right to request the return of any and all copies of this report submitted to other parties, public or private, on behalf of the Client in the event of nonpayment of outstanding fees by the Client pursuant to TBG's proposal. 2.6 User Reliance This report is intended for the sole use of Client. Its contents may not be relied upon by other parties without the explicit written consent of TBG. This is not a statement of suitability of the property for any use or purpose. 3.0 SUBJECT SITE DESCRIPTION 3.1 Location The subject site is comprised of three contiguous parcels of land. One parcel is located at 70 Dora Drive, Atlantic Beach, Duval County, Florida; and is identified by the Duval County Property Appraiser as RE #172122-0000 and comprised of a 2,880-sf parcel located in the southwest corner of the subject site. The second parcel is located at 85 Dora Drive, Atlantic Beach, Duval County, Florida, and is identified by the Duval County Property Appraiser as RE #172119-0000; it is a 62,614-sf parcel comprising the majority of the area of the subject site. The third parcel is located at 1940 Francis Avenue, Atlantic Beach, Duval County, Florida, and is identified by the Duval County Property Appraiser as RE #172118-0000. It is comprised of a 28,271-sf parcel located on the northern property boundary of the subject site. Photographs of the subject site are presented in Appendix A. A Street Site Location Map is presented as Figure 1. A Topographic Site Location Map is provided as Figure 2. A Site Plan is presented as Figure 3. The figures are included in Appendix B. County property record information for the subject site is included in Appendix C. 3.2 Site and Vicinits Characteristics At the time of the investigation, the subject site was undeveloped and wooded with large trees and underbrush. A wetland -type area was observed on the northern portion of the subject site. Minor cleared areas were used to gain access and view select portions of the overgrown areas of the site. Overgrown portions of the site could only be partially traversed and generally observed. Less dense areas were used to gain access and view select portions of the overgrown areas of the site. The southern portion of one building and two sheds from a north adjacent business appear to encroach on the northwestern corner of the subject site. The immediate vicinity surrounding the subject site is primarily characterized by residential, light industrial, and commercial development. 7 of 25 Page 107 of 134 Agenda Item #3.B. 09 Oct 2023 3.3 Current Uses of the Site The subject site is currently undeveloped and with a small portion of the north adjacent screen -printing business jutting into the northwestern corner of the subject site and a small homeless camp on the northeast corner of the subject site. 3.4 Description of Site Structures and Improvements The subject site is currently wooded and mostly undeveloped, with the exception of the afore -mentioned storage containers and homeless camp. There were no other structures observed; the only improvement was a small, cleared area at the east end of Dora Drive, located in the western central portion of the subject site. 3.5 Current Uses of Adioinine Properties The current uses of the adjoining properties are as follows: Description of Adjoining Parcels Direction From Address Subject Site Description of Current Use Stitches & Screens, North NA residentially developed property, and wooded property Residentially developed South NA property and wooded property East NA Residentially developed Rick's Used Cars, West NA Psychic, and River City Custom Cabinetry Potential Concerns No No No No The current uses of the adjoining properties do not appear likely to indicate the presence of recognized environmental conditions in connection with the subject site, with the exception of Stitches and Screens, a screen painting business. 4.0 USER PROVIDED INFORMATION 4.1 Title Records The User did not provide a copy of the historical property ownership chain -of -title, nor was TBG contracted to obtain a copy. It is our understanding that the User will be responsible for completing a review of the property chain -of -title information. 4.2 Environmental Liens or Activity and Use Limitations The User did not engage TBG to conduct a search for environmental lien or use limitations with respect to the subject site. 8 of 25 Page 108 of 134 Agenda Item #3.B. 09 Oct 2023 4.3 Specialized Knowledge The User indicated that they did not have any specialized knowledge associated with the site or experiences that may pertain to the recognized environmental conditions identified in connection with the subject site. 4.4 Commonly Known or Reasonabh Ascertainable Information The User was not aware of any commonly known or reasonably ascertainable information about the subject site that would indicate the presence of recognized environmental conditions associated with the property. 4.5 Valuation Reduction for Environmental Issues The User indicated the property value reflects the current market value. 4.6 Owner. Prouerty Manager. and Occupant Information According to information provided by the Duval County Property Appraiser's website, the owner of the subject site is Hoose Homes and Investments LLC. The subject site is currently undeveloped and vacant land. 4.7 Reason for Performine Phase I ESA The User indicated that the Phase I ESA is being performed as part of due diligence for a potential property transaction. 4.8 Degree of Obviousness The User indicated that, other than several piles of debris that have been deposited on the property over the years, there were not any obvious indicators that contamination is present or likely present at the subject site. 4.9 Proiect Background No prior environmental reports or investigations were provided to TBG for review as part of this investigation. 4.10 Other A map showing a Boundary and Topographic Survey of the subject site dated November 21, 2016, was provided by the user and is included in Appendix F. 5.0 RECORDS REVIEW The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the subject site. Accuracy and completeness of recorded information varies among the sources of information, including governmental sources. Record information is often inaccurate or incomplete. Standard sources that are reasonably ascertainable were reviewed by TBG for this Phase I ESA. 9 of 25 Page 109 of 134 Agenda Item #3.B. 09 Oct 2023 5.1 Standard Environmental Record Sources As a part of this assessment, TBG reviewed information sources to obtain existing information pertaining to hazardous substances or petroleum products on or near the subject site. TBG obtained an ASTM regulatory database search through Envirosite. A copy of the database report is included in Appendix D. TBG also reviewed other available standard environmental record sources on the FDEP OCULUS and Map Direct websites, as needed. The following table presents the summary of the regulatory database report. Source Regulatory Database Summary Search Distance Site Adjoining Property Number Within ASTM's Minimum Search Distances 1Federal NPL Facility 1Federal Delisted NPL 1Federal CERCLIS List 1Federal CERCLIS NFRAP Facilities List Federal RCRA CORRACTS and TSD Facilities Federal RCRA Non-CORRACTS TSD Facilities Federal RCRA Generators Lists Federal IC/EC Registries Federal ERNS State- and Tribal -equivalent NPL Facilities State- and Tribal -equivalent CERCLIS Facilities State and Tribal Landfill and/or Solid Waste Disposal Site Lists 1 State and Tribal LUST Lists State and Tribal Registered UST Lists State and Tribal IC/EC State and Tribal Voluntarc Cleanup Facilities State and Tribal Brownfield Facilities 1.0 mile 0 0 0.5 mile 0 0 0.5 mile 0 0 0.5 mile 0 0 1.0 mile 0 0 0.5 mile 0 Site and adjoining properties Site Only Site Only 1.0 mile 0.5 mile 0.5 mile 0 0 0 0 0 0 0.5 mile 0 Site and adjoining properties Site Only 0 0.5 mile 0 0.5 mile 0 0 5.1.1 Federal, State and County Records Review 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0 3 0 9 0 0 0 0 0 0 0 0 The subject site was not identified by the Envirosite or FDEP's Map Direct database searches. Twenty facilities were identified within the ASTM minimum search distances shown in the Envirosite report. TBG prepared a brief summary of the regulatory information for the four facilities identified in the Envirosite report located in closest proximity to the subject site. For more detailed information concerning the mapped facility, please refer to the Envirosite Radius Map Report located in Appendix D of this report. 10of25 Page 110 of 134 Agenda Item #3.B. 09 Oct 2023 1 Facility's Name(s): Stitches & Screen Inc. 1 Facility ID: Envirosite Map ID: 1, FDEP ID #FLR000195958 Database(s): RCRA VSQG, ECHO, FRS, MANIFEST EPA Address(es): 40 Simmons Road, Atlantic Beach, FL Distance (ft): Database listing at .012 miles NW of the subject site Comments: This facility is listed as a Very Small Quantity Generator of Hazardous Waste. The facility reportedly generates D001 — Ignitable Waste. No violations were reported for the facility. Based on the results of the database review, no offsite concerns were noted from this facility. [acility's Name(s): River City Custom Cabinetry_ 1 1 Facility ID: Envirosite Map ID: 2, FDEP ID #FLR000104315_ 1 1 Database(s): RCRA SQG, SQL — FL, ECHO, ERNS, FRS, MANIFEST EPA I Address(es): 1863 Mayport Road, Atlantic Beach, FL 1 Distance (ft): Database listing at .015 miles WSW of the subject site Comments: This facility is listed as a RCRA and FL Small Quantity Generator of Hazardous Waste. The facility reportedly generates waste paint materials. Several minor violations were reported for the facility over the past 16 years. Based on the results of the database review, no offsite concerns were noted or associated with this facility. Facility's Name(s): Facilitt ID: Database(s): Address(es): Distance (ft): Comments: Affordable Automobile Solutions Envirosite Map ID: A5 RCRA NONGEN, ECHO, FRS 1860 Mayport Road, Atlantic Beach, FL Database listing at .083 miles W of the subject site This facility is listed as a RCRA_NONGEN. No significant violations have been reported for this facility. Based on the results of the database review, no offsite concerns were noted or associated with this facility. Facility 's Name( s): Cycle Parts 1 Vett World 1 DJ's Auto and Tires Facility ID: Envirosite Map ID: A6, FDEP ID #FLD040226771 _ Database(s): ECHO, FRS, RCRA_NONGEN, RCRA_VSQG, RESP PARTY - FL, SHWS, ERIC - FL, SWRCY - FL Address(es): 1850 Mayport Road, Atlantic Beach, FL Distance (ft): Database listing at .090 miles WSW of the subject site Comments: No significant violations have been reported for this facility. Ther RESP PARTY — FL designation is listed as CLOSED. Based on the results of the database review, no offsite concerns were noted associated with this facility. In addition to reviewing the database report, TBG performed a reconnaissance of the site vicinity to identify any sites not mapped by Envirosite due to inadequate or inaccurate address information and to look for unregistered facilities. No additional facilities of potential concern were observed within the vicinity of the site during the field reconnaissance performed by TBG. 5.2 Additional Environmental Records TBG reviewed the FDEP's MapDirect website to identify any sites not mapped by Envirosite due to inadequate or inaccurate address information. No other environmental regulatory data sources were reviewed during this investigation. 11 of 25 Page 111 of 134 Agenda Item #3.B. 09 Oct 2023 5.3 Physical Setting Sources USGS topographic quadrangle maps, database information, and regulatory files available regarding properties of environmental concern in the vicinity of the subject site were reviewed as sources for obtaining information regarding the physical setting of the subject site and surrounding vicinity. Subject Site Elevation {amsll Surface Runoff Direction Regional Topography Closest Surface Water Body / Direction Regional Hydraulic Gradient* Primary Soil Types Other: Source of Information Topography 13 Appears to be to the north East/Northeast A stormwater pond is located approximately 200 feet south of the subject site. The Atlantic Ocean is located approximately one mile to the east of the subject site. Northeast Urban Land, Miscellaneous Area; Kureb Series (fine sand) None Site Inspection and Envirosite Database Report * The groundwater flow direction and the depth to shallow, unconfined groundwater, if present, would likely vary depending upon seasonal variations in rainfall and other hydrogeological features. Without the benefit of on-site groundwater monitoring wells surveyed to a datum, groundwater depth and flow direction beneath the subject site cannot be directly ascertained. 5.4 Historical Use Information On The Proaertt° Historical resources were available from 1918 until the present. In summary, the subject site appears to have been undeveloped, wooded, and vacant property from at least 1918 to the present. There appears to be some use of the western portion of the subject site prior to the 1960s. The historical sources reviewed are summarized in the following table: Historical Source Aerial Photographs Topographic Map s City Directories Property Record Information 5.4.1 Aerial Photograph Review Source Location Envirosite Envirosite Envirosite DCPA Dates Reviewed 1960 to 2021 (and 2023 Google Earth) 1918 to 2021 1958 to 2018 2022 To evaluate the previous land uses of the subject site and surrounding area, a series of historical aerial photographs was reviewed. The aerial photographs provide a progressive overview of land use pertaining to this assessment. TBG personnel reviewed aerial photographs at various time intervals from 1960 through 2021. Copies of the aerial photographs are provided in Appendix E. Descriptions of TBG's observations are outlined in the following table. 12 of 25 Page 112 of 134 Agenda Item #3.B. 09 Oct 2023 Source Photograph Year Aerial Photograph Summary Site Adjoining Properties USDA The site appears to be partially wooded. Small residential type structures are visible in the center of the subject site. A light trail or light duty road is visible entering the subject site in the 1960 center of the westem boundary, trending east-southeast towards the middle of the southern border of the site, where it appears to end. The central portion of the site appears to be cleared. USGS 1963 No significant changes are visible. The cleared area in the central USDA 1970 eastem portion appears more prominent. USGS 1977 USDA 1980 NHAP 1983 USDA 1989 No significant changes are visible. No significant changes are visible. No significant changes are visible. No significant changes are visible. 13 of 25 North: The property appears to be lightly developed with residential structures, followed by a light duty road. South: The property appears to be partially wooded and sparsely residentially developed with light trails running through it. East: The property between the north and south "legs" of the subject site appears to be wooded and undeveloped followed by a light duty road and sparse residential development. West: The property appears partially wooded with sparse residential development, followed by a paved road. No significant changes are visible to the adjoining properties. North: The road beyond the structures appears to be improved. South: No significant changes are visible. East: The road beyond the structures appears to be improved. Some residential development is apparent between the northern and southern "legs" of the eastern border of the subject site. West: The road beyond the structures appears to be improved. North: A large structure is visible on the northwest corner of the subject site. South: The trails are no longer visible. East: No significant changes are visible. West: No significant changes are visible. North: No significant changes are visible. South: No significant changes are visible. East: No significant changes are visible. West: No significant changes are visible. North: No significant changes are visible. South: A residential -like structure is visible within the inset along the south-central border of the subject site. East: No significant changes are visible. West: No significant changes are visible. North: No significant changes are visible. South: No significant changes are visible. East: No significant changes are visible. West: No significant changes are visible. Page 113 of 134 Agenda Item #3.B. 09 Oct 2023 Source Photograph Year Aerial Photograph Summary Site Adjoining Properties USGS 1990 DOQ DOQ NAIP NAIP NAIP NAIP 1994 1999 The poor quality of the photograph reveals no significant changes. The light duty road (Dora Drive), entering the west adjacent property from the main road to the west, is more visible. A portion of the building on the northwest adjacent property appears to encroach on the subject site. No significant changes are visible. Two apparent vehicles are 2007 visible parked in the clearing north of the light duty road. 2010 2013 2015 Tree growth seems to obscure the view of the light duty road. A small structure south of the large north adjacent building is visible on the northwest corner of the subject site. No significant changes are visible. 14 of 25 North: The poor quality of the aerial photograph makes changes difficult to discern. South: The poor quality of the aerial photograph makes changes difficult to discern. East: The poor quality of the aerial photograph makes changes difficult to discern. West: The poor quality of the aerial photograph makes changes difficult to discern. North: No significant changes are visible. South: No significant changes are visible. East: No significant changes are visible. West: The road beyond the commercial development appears to have additional improvements. North: No significant changes are visible. South: No significant changes are visible. East: No significant changes are visible. West: The unimproved road appears to enter the west adjacent property from the main road running east and continuing into the subject site, ending at the east edge of the southern border "inset." North: No significant changes are visible. South: A small, residential development is visible along a small cul-de-sac. East: Residential development consisting of three structures is clearly visible between the north and south "legs" of the eastern border of the subject site. West: Additional commercial development is visible North: Tree growth makes it difficult to discern changes to the north adjacent property. South: No significant changes are visible. East: No significant changes are visible. West: No significant changes are visible. North: No significant changes are visible. South: No significant changes are visible. East: No significant changes are visible. West: No significant changes are visible. North: No significant changes are visible. South: No significant changes are visible. East: No significant changes are visible. West: No significant changes are visible. Page 114 of 134 Agenda Item #3.B. 09 Oct 2023 Source Photograph Year Aerial Photograph Summary Site Adjoining Properties NAIP 2017 NA1P 2019 NAIP 2021 Google Earth 2023 No significant changes are visible. No significant changes are visible. No significant changes are visible. No significant changes are visible. 5.4.2 Property Ownership Records North: No significant changes are visible. South: No significant changes are visible. East: No significant changes are visible. West: No significant changes are visible. North: No significant changes are visible. South: Some clearing is visible around the residential structure at 80 Dora Drive in the inset on the south border of the subject site. East: No significant changes are visible. West: No significant changes are visible. North: No significant changes are visible. South: No significant changes are visible. East: No significant changes are visible. West: No significant changes are visible. North: No significant changes are visible. South: No significant changes are visible. East: No significant changes are visible. West: No significant changes are visible. According to information provided by the DCPA, the current owner of the 2.16 -acre parcel is Hoose Homes and Investment LLC. 5.4.3 Sanborn Fire Insurance Map Review The HIG Historical Map Collection and the United States Library of Congress Map Collection were searched for fire insurance maps (FIMs), real estate atlases and similar maps for the site location and adjoining properties. No FIMs or similar maps were identified for the site location and/or adjoining properties. 5.4.4 City Directory Review TBG personnel performed a review of historical city directories for the Jacksonville Beaches and Property Archives at a maximum of five-year intervals, dating back to 1958, to determine if the past occupants/operations of the site and any adjoining properties are a potential environmental concern. City Directories were searched for 1800-1980 Francis Avenue, Simmons Road, 1800-1985 Mayport Road, 1800-1899 Forsyth Court, and Dora Drive. City Directory Review For 70 and 85 Dora Drive - Subject Site 1958 Street not listed 15 of 25 Page 115 of 134 1964 No listings 1968-1983 Residential listings 1988-2018 Vacant City Directory Review For 1940 Francis Avenue - Subject Site 1958-2018 Address not listed City Directory Review For Dora Drive - Adjacent Properties 1968-2018 Residential listing for 80 Dora Drive City Directory Review For Francis Avenue - East Adjacent Properties 1958 Residential listings, a beauty shop, and a church 1964-1988 Residential listings and a church 1993-2018 Residential listings City Directory Review For Simmons Road - North Adjacent Properties 1958-1964 Residential listings 1968 Residential listings and a church 1973-1978 Residential listings 1983 Residential listings and Davis Woodworks 1988-2001 Residential listings, woodworking/cabinetry shop and a beauty salon 2006-2018 Residential listings and Stitches & Screens screen printing 16 of 25 Agenda Item #3.B. 09 Oct 2023 Page 116 of 134 Agenda Item #3.B. 09 Oct 2023 City Directory Review For Mayport Road - West Adjacent Properties 1958-1963 Residential listings 1968 Residential listings and a restaurant 1973-1978 Residential listings 1983 Residential listings and a service center 1988 Residential listings and an insurance agency 1993-1998 Residential listings 2001 Residential listings and a psychic reader/advisor 2006-2010 Residential listings and an insurance company 2015-2018 Custom cabinetry, psychic reader/advisor, used cars and detailing, insurance agency, screen printing City Directory Review For Forsyth Court - South Adjacent Properties 1958-1988 Street not listed 1993-2006 No results 2010-2018 Residential listings Detailed listings for the years which TBG reviewed are shown in the Envirosite report provided in Appendix E. 5.4.5 Land Use Records According to the DCPA's website, the land use for the 2.16 -acre site is residential. 17 of 25 Page 117 of 134 Agenda Item #3.B. 09 Oct 2023 5.4.6 Other Historical Sources TBG performed a review of topographic maps provided in the database report as part of this investigation. Topographic maps were provided for 1918, 1937, 1943, 1956, 1956 (revised 1970), 1956 (revised 1980), 1970, 2012, 2015 and 2018. Copies of the topographic maps reviewed are included in Appendix E. Although the site is situated slightly northwest to southeast, for ease of interpretation the descriptions are provided for north, south, east, and west. Quad Year(s) Mayport, Florida Jacksonville Beach, Florida Jacksonville Beach, Florida Jacksonville Beach, Florida Topographic Map Summary Site No discerning features are depicted on the subject site. An unimproved road is 1918 depicted running diagonally through the subject site from the northwest to the southeast corner. 1948 1949 1964, N/R; 1964, Revised 1970; 1964, Revised 1981; 1964, Revised 1988; 1964, Revised 1992 Three small structures are depicted on the subject site. A stream is shown entering the site from the west and ending in a small pond or marsh area in the center of the subject site. No discernable changes are apparent. The stream mentioned previously is now depicted as an intermittent stream without the small pond/march area. 18 of25 Adjoining Properties North: No discerning features are depicted. An unimproved road is depicted running northwest from the northeast corner of the subject site. South: A small area of wooded marsh is depicted southwest of the subject site. An unimproved road is depicted running southeast from the southeast comer of the subject site. East: A small area of wooded marsh or swamp is depicted. West: No discerning features are depicted. A light duty road is depicted running north and south. North: A light duty road is depicted. South: Two small structures are depicted. East: An unimproved road is depicted. Two small structures are depicted immediately east of the subject site. Four or five additional structures are depicted east of the unimproved road. West: Four small structures are depicted, followed by Mayport Road, a primary highway. The stream exits on the west border of the subject site, tums south, and runs parallel to the west border of the site. North: No discernable changes are apparent. South: No discernable changes are apparent. East: No discernable changes are apparent. West: No discernable changes are apparent. North: Three small structures are depicted north of the subject site and south of the light duty road. South: No discernable changes are apparent. East: A light duty road is depicted. No other changes are apparent. West: The afore -mentioned stream is now depicted as an intermittent stream. Page 118 of 134 Quad Jacksonville Beach, Florida Jacksonville Beach, Florida Jacksonville Beach, Florida Jacksonville Beach, Florida Jacksonville Beach, Florida Topographic Map Summary Year(s) Site Adjoining Properties 1994 2012 2015 The three structures previously depicted are no longer present. No discernable changes are apparent. The road on the west adjacent property now continues into the central portion of the subject site, where it ends. The intermittent stream is no longer depicted. The road is no longer depicted 2018 continuing into the subject site. No discernable changes are 2021 apparent. 5.5 Historical Use Information on Adioinint Parcels Agenda Item #3.B. 09 Oct 2023 North: No discernable changes are apparent. Structures are no longer depicted. South: No discernable changes are apparent. Structures are no longer depicted. East: No discernable changes are apparent. Structures are no longer depicted. West: No discernable changes are apparent. Structures are no longer depicted. North: No discernable changes are apparent. South: A light duty road is visible running east off Mayport Road and ending along the southwest corner of the subject sight. East: No discernable changes are apparent. West: A light duty road is depicted at a northwest - southeast angle starting at Mayport Road and ending at the center of the west border of the subject site North: No discernable changes are apparent. South: A road is depicted running west off Francis Avenue and ending towards the center of the south adjacent property. East: No discernable changes are apparent. West: The intermittent stream is no longer depicted. North: No discernable changes are apparent. South: No discernable changes are apparent. East: No discernable changes are apparent. West: No discernable changes are apparent. North: No discernable changes are apparent. South: No discernable changes are apparent. East: No discernable changes are apparent. West: No discernable changes are apparent. TBG reviewed historical records for the adjoining properties dating back to 1918. The earliest available historical topographic map, dated 1918, indicated that Mayport Road was constructed prior to 1918, at which time the areas in the vicinity of the subject site were undeveloped and marshy. Residential -type development is visible around the subject site in the 1948 historical topographic map, with commercial development north and west of the subject site visible starting in the 1960 aerial photograph. The southeast adjacent property showed two small structures on the 1948 topographical map. No other development of this area was noted until a residential development with a cul-de-sac circled by small single-family residences is seen south of the subject site in the 2007 aerial photograph. 19 of25 Page 119 of 134 Agenda Item #3.B. 09 Oct 2023 6.0 SITE RECONNAISSANCE 6.1 Methodoloev and Limiting Conditions Visual and physical inspections conducted as part of this investigation included walking the subject site perimeter, where accessible. Additionally, observations of access to and egress from the subject site were noted, as well as the presence and condition of any on-site buildings, utilities, or other improvements. This visual and physical inspection of the subject site focused primarily on its surface features. Any limitations to the site reconnaissance are detailed in Section 2.4. 6.2 General Site Setting The subject site is located in a mixed residential, light industrial/commercial area. The subject site is comprised of three real estate parcels totaling approximately 2.16 acres and is undeveloped and wooded. Residential development is located north, east, and south of the subject site. Light industrial/commercial development is located west and northwest of the subject site. Please refer to the site photographs in Appendix A, the Site Plan in Appendix B, and the Aerial Photographs in Appendix E. 6.3 On -Site Reconnaissance 6.3.1 Site Operations, Processes and Equipment Item or Feature Observed ' REC Emergency Generators NO NA Air Compressors NO NA Hydraulic Lifts NO NA Drycleaning NO NA Photo Processing NO NA Laboratory Hoods and/or incinerators NO 1 NA Solid Waste and/or Water Treatment Systems NO 1 NA Heating and/or Cooling Systems NO NA Other NO 1 NA 6.3.2 Aboveground Chemical or Waste Storage 1 Item or Feature Observed REC 1 .FTs NO NA 1 1 Drums, Barrels and/or containers exceeding 5 -gallons (individually or aggregate) NO NA 1 1 Material Safety Data Sheet (MSDS) review NO NA ) 1 Parts Washer NO NA ) Other: Hazardous materials usage and waste generation associated with Stiches and YES YES Screen operations being conducted in two storage containers located on the subject site. 6.3.3 Underground Chemical or Waste Storage, Drainage or Collection Systems Item or Feature Observed REC UST or ancillary UST equipment NO _ NA Sumps, Cisterns, Catch Basins and/or Dry Wells NO NA Grease Traps NO NA Septic Tanks and/or Leach Fields NO NA Oil/Water Separators NO NA 20 of 25 Page 120 of 134 Agenda Item #3.B. 09 Oct 2023 Pipeline Markers _ Interior Floor Drains Other 6.3.4 Electrical Transformers / PCBs 1 Item or Feature 1 Pole- or Pad -Mounted Transformers/Capacitors 1 Other 6.3.5 Releases or Potential Releases NO NO NO NA NA NA Observed REC NO NA NO NA Item or Feature Observed REC Stressed Vegetation NO NA Stained Soil NO NA Stained Pavement or Similar Surfaces NO NA Leachate and/or Waste Seeps_ NO NA Trash, Debris and/or Waste Materials_ YES YES Dumping NO NA Disposal Areas NO NA Construction/Demolition Debris YES NO Fill Dirt YES NO Surface Water Discoloration, Sheen and/or Free -Floating Product NO NA Strong, Pungent and/or Noxious Odor(s) NO NA Exterior Pipe Discharges and/or Other Effluent Discharges NO NA Other NO NA Slightly elevated areas of soil, covered with vegetation with visible trash, were observed in the central and the northwestern portions of the subject site. Miscellaneous trash, including paper wrappers, aluminum cans, and plastic bottles, were observed throughout the subject site. 6.3.6 Other Notable Site Features Item or Feature Observed REC 1 Surface Water Bodies YES NO Quarries and/or Pits _ NO NO Wells (Irrigation, Potable, Industrial, etc.) NO NA 1 Stormwater Discharges to the subject site YES NO 1 Small mounds of dirt with concrete scraps were observed on the subject site just north of Dora Drive. A shallow drainage ditch crosses the northwestern and western borders of the subject site. 7.0 INTERVIEWS TBG conducted interviews with the subject site owner, other individuals familiar with the subject site, as well as local, state, tribal or federal agency representatives, where available, regarding issues which could have an adverse effect on the environmental status of the subject site. The people interviewed by TBG are summarized in the following table. 21 of 25 Page 121 of 134 Interviewee Messages left, no return call Mr. Brian Durden Mr. Steve Swann Mr. Alex Sifakis Date Contacted 09/18/2023 09/18/2023 9/12/2023 09/18/2023 7.1 Interview with Site Owner Relationship to the Investigation Jacksonville Fire and Rescue Florida Department of Environmental Protection City Engineer, City of Atlantic Beach Owner Representative Agenda Item #3.B. 09 Oct 2023 Contact Number 904-255-3280 904-356-1700 904-247-5874 904-566-6400 TBG provided Mr. Alexander Sifakis, President, JWB Real Estate Capital LLC, with a questionnaire regarding the past and present uses of the subject site. Mr. Sifakis completed the Owner Questionnaire Form on behalf of the owner. According to Mr. Sifakis, the property was purchased on July 14, 2017. Mr. Sifakis stated that the subject site was undeveloped at the time of purchase. No other improvements or developments to the subject site have been made in the current ownership. Mr. Sifakis did not know the history of the subject site prior to purchase. He stated that previous Phase I ESAs were not performed at the property and that the purpose of this Phase I ESA was required by the purchaser. He also stated there were no USTs or ASTs on the property. He did not know if the subject site was used for agricultural purposes in the past. He did not know who supplies the utilities to the site, and he didn't think there was a septic system onsite. He also did not know if there were potable wells or monitor wells onsite. He did not know if any solid or hazardous wastes were ever used, dumped or stored on the subject site. He also did not know of any other environmental concerns. He was not aware of any active liens associated with the subject site. He stated the only environmental concern associated with adjacent properties that he was aware of was an auto dealership next door to the west. A copy of the completed Site Owner Questionnaire is provided in Appendix F. 7.2 Interview with Site Manag The subject site is undeveloped and vacant. 7.3 Interviews with Occupants The subject site is undeveloped and vacant. 7.4 Interviews with Government Officials TBG contacted Mr. Brian Durden, Florida Department of Environmental Protection, concerning environmental concerns with the subject site area. Mr. Durden was not aware of any environmental issues. 7.5 Interview with User TBG interviewed Mr. Steve Swann, City Engineer for the City of Atlantic Beach, concerning past and present uses of the subject site. Mr. Swann completed the User Questionnaire Form on behalf of the User. According to Mr. Swann, he was not aware of any active liens associated with the subject site. He indicated that the User has no further specialized knowledge of the subject site. He did not know of any specific chemicals, spills or environmental cleanups related to the subject site. The Phase I ESA is being performed as due diligence for a potential real estate transaction. 22 of 25 Page 122 of 134 Agenda Item #3.B. 09 Oct 2023 Mr. Swann also completed the Client Information Request Form as the representative for the City of Atlantic Beach. According to Mr. Swann, he was not aware of any previous environmental work done at the subject site. Dirt and scrap concrete mounds were observed on the subject site parcel. The site owner's representative did not have any specific information concerning it except that he was aware that some debris had been deposited on the site over the years. A copy of the User Questionnaire completed by Mr. Swann is provided in Appendix F. 7.6 Interviews with Others TBG attempted to contact Jacksonville Fire and Rescue regarding environmental incidences at the site and in the site area. At the time of this report, the office had not returned our phone calls. During the site inspections several neighbors who reside adjacent to the subject site were asked about the history of the site. None were aware of the site being used as a dump site. 8.0 FINDINGS AND OPINIONS Based on our field observations, historical research, public records reviews and interviews conducted in accordance with ASTM Standard E 1527-21, the findings of this Phase I ESA are as follows: 1. This assessment has revealed no evidence of recognized environmental conditions associated with the subject site, except for potential impacts associated with: • Stitches and Screens, a screen printing/painting business which is conducting screen printing operations from two recycled storage containers which are encroaching on the northwest corner of the subject site. Stitches and Screens was identified in the Envirosite database report as a RCRA Hazardous Waste Very Small Quantity Generator. • Raised mounds of soil with apparent trash in the central and the northwestern portions of the subject site. No information was found concerning the origin of the soil mounded areas observed on the subject site. 2. The subject site is currently heavily wooded, vacant, and undeveloped. Slightly elevated areas, covered with vegetation with visible trash, were observed in the heavy vegetative central and northwestern portions of the subject site. Two shipping containers used by a northern adjacent screening printing company Stitches and Screens appear to be encroaching on the northwestern corner of the subject site. A drainage ditch was observed on the northern portion and along the western border of the subject site. 3. At the time of the site investigation, the subject site was undeveloped and wooded property. Large areas of the subject site were overgrown with trees and vegetation, preventing a thorough ground truthing throughout the property. Possible mounds of trash were observed in areas of the central and northwest portions of the site at the time of the site inspection. A small, cleared area was observed at the end of Dora Drive in the western, central area of the subject site. Also, the um - improved northeast corner section of the subject site on Francis Avenue was occupied by what appeared to be a homeless camp. No commercial septic tanks, seeps, or unusual odors were observed onsite during the site inspection. 23 of 25 Page 123 of 134 Agenda Item #3.B. 09 Oct 2023 4. City directories identified residential listings at the 70 and 85 Dora Drive addresses between 1968 and 1983. 1940 Francis Avenue was not listed. Otherwise, the subject site was not listed or listed as vacant. 5. Based on historical records reviewed, the subject site appears to have been undeveloped in 1918. Beginning in 1948, three structures were visible on the subject site. City directories identified residential listings at the 70 and 85 Dora Drive addresses between 1968 and 1983, after which the addresses were either listed as vacant or unlisted. 6. No potential environmental concerns were noted from the adjacent properties, with the exception of the potential impacts associated with Stitches & Screens, a screen printing/painting business to the northwest and north of the subject site. Residential development followed by Simmons Road is also located to the north or the subject site. Adjacent properties along the eastern site boundary are primarily residentially developed followed by Francis Avenue. West of the subject site are commercial businesses consisting of a used car lot, a psychic, and a custom cabinetry shop followed by Mayport Road. Properties south of the subject site are residentially developed. Based on historical records reviewed, the adjacent properties to the south and east appear to have been primarily either undeveloped and wooded or residential from at least 1918 to the present. Adjacent properties to the north and west appear to have been primarily light industry/commercial and residential from at least 1948 to the present. 7. During the site inspection, no evidence of the use, storage, disposal, or generation of hazardous substances was observed on the subject site, with the exception of Stitches and Screens a screen printing/painting business which is conducting screen printing operations from two recycled storage containers which are encroaching on the northwest corner of the subject site. 8. No evidence of obvious surface discharges, such as stained soil or pavement; stressed vegetation; or roads/pathways likely to have been used for illegal disposal of hazardous waste or petroleum products was observed on the subject site. 9. The subject site was not identified by the Envirosite or FDEP's Map Direct database searches. Twenty facilities were identified within the ASTM minimum search distances shown in the Envirosite report. No potential off-site concerns were noted from these facilities, with the exception of Stitches and Screens, which was identified within the ASTM minimum search distances shown in the Envirosite report and is listed as a Very Small Quantity Generator of Hazardous Waste. 9.0 CONCLUSIONS We have performed this Phase I ESA in significant compliance with the scope and limitations of ASTM Practice E 1527-21 for the subject site, located in Atlantic Beach, Duval County, Florida. Any exceptions to or deletions from this practice are described in Section 2 of this report. This assessment has revealed no evidence of recognized environmental conditions associated with the subject site, with two exceptions: potential impacts associated with raised mounds of soil with apparent trash in the central and the northwestern portions of the site (no information was found concerning the origin of the mounded areas observed on the site), and impacts from Stitches and Screens, a screen printing/painting business whose two storage containers are encroaching onto the northwest corner of the subject site. The two storage containers are used for screening and spray -painting operations. 24 of 25 Page 124 of 134 Agenda Item #3.B. 09 Oct 2023 10.0 DEVIATIONS TBG prepared this Phase I ESA in significant compliance with ASTM E 1527-21. No data gaps were encountered that prohibited us from completing this Phase I ESA. Heavy vegetative growth and standing water limited access to some areas of the site for site reconnaissance purposes. 11.0 NON -ASTM SCOPE ITEMS Under the terms of the agreement between Client and TBG, no additional services were provided in association with the Phase I ESA. There may be environmental issues or conditions at a site that the Client may wish to assess in connection with commercial real estate that are outside the scope of this practice (the non -scope considerations). No implication is intended as to the relative importance of inquiry into such non -scope considerations, and this list of non -scope considerations is not intended to be all inclusive: asbestos -containing materials; radon; lead-based paint; lead in drinking water; wetlands; regulatory compliance; cultural and historical resources; industrial hygiene; health and safety; ecological resources; endangered species; indoor air quality; and high voltage power lines. 12.0 REFERENCES No additional references were provided. 13.0 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONALS This assessment was completed by Lori C. Sackman, Senior Scientist, and Mr. Philip Elson, Senior Environmental Professional, both employees of TBG. We declare that, to the best of our professional knowledge and belief, we meet the definition of Environmental Professional Team as defined in §312.10 of 40 CFR 312 and we have specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject site. We have developed and performed all the appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. Qualifications of personnel participating in this assessment are provided in Appendix G. 14.0 SIGNATURE OF ENVIRONMENTAL PROFESSIONALS Please refer to the title page for signatures of the environmental professionals who prepared and reviewed this Phase I ESA. 25 of 25 Page 125 of 134 Page 126 of 134 Agenda Item #3.C. 09 Oct 2023 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: City Government Week Proclamation TODAY'S DATE: Sept. 27, 2023 MEETING DATE: Oct. 9, 2023 SUBMITTED BY: Kevin Hogencamp, Deputy City Manager 1/4 SUMMARY: 2023 Florida City Government Week is October 16-22. Florida City Government Week is a time for municipalities to provide and foster civic education, collaboration, volunteerism and more. All Florida cities are encouraged to participate, and the Florida League of Cities provides resources to help celebrate what makes cities great. Cities provide a higher level of service than most governments, and generally receive higher approval ratings than other levels of government. Yet, many residents are unaware of how city services impact their lives. Through Florida City Government Week, we hope to increase awareness about city government's role in enhancing the quality of life in communities. Our 2023 Florida City Government Week components include, but aren't necessarily limited, to the following: • Mayoral proclamation • A news release and letter to the editor • Share educational videos for people of all ages from animated ones for the kids and how -to -get - involved videos for grown-ups • Promote the City's Priorities, Vision, Mission Statement and Values Statement • Educate the public on the FY 2023-24 budget • Employee spotlights • Daily social media posts continuing our Did Ya Know, AB theme we've used the past three years • Promote the City's communications platforms, and grow the City's e -newsletter subscription social media follows. RECOMMENDATION: Assist in the promotion of City Government Week BUDGET: NA ATTACHMENT: 2023 Florida City Government Week Proclamation CITY MANAGER: Page 127 of 134 Agenda Item #3.C. 09 Oct 2023 rocCamatiott of tbe QEtt Of tttanttt IeatIj in Recognition of Florida City Government Week WHEREAS, City government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, as a municipal government, the City of Atlantic Beach provides services and programs to enhance the quality of life for all of its residents; and WHEREAS, City government is administered for and by its citizens, and depends on public commitment to and understanding of its many responsibilities; and WHEREAS, City government officials and employees share a responsibility to enhance citizens' understanding of public services and their benefits. Florida City Government Week, a Florida League of Cities initiative, offers an important opportunity for elected officials and City staff to spread the word to all citizens that they can shape and influence this segment of their government; and WHEREAS, during this year's Florida City Government Week, Atlantic Beach will engage citizens in activities designed to teach them about municipal government. These efforts serve the City of Atlantic Beach's commitment to fostering a well-informed, involved public, which is integral to our shared mission of an efficient government working for its people. NOW, THEREFORE, I, Curtis Ford, Mayor of the City of Atlantic Beach, Florida, do hereby proclaim October 16-22, 2023, as FLORIDA CITY GOVERNMENT WEEK in Atlantic Beach and encourage all citizens, city government officials and employees to assist in efforts that recognize and celebrate our local government. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 9th day of October 2023. Curtis Ford, Mayor Page 128 of 134 Agenda Item #8.A. 09 Oct 2023 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Resolution No. 23-45 authorizing the City Manager to provide Fiscal Year 2023- 24 funding to designated organizations and schools for artistic, recreational and cultural programs, events and projects utilizing funds budgeted in Account No. 001-6010-572-82-00. SUBMITTED BY: Latrenia Thomas, Cultural Arts and Recreation Director tti'TODAY'S DATE: September 25, 2023 MEETING DATE: October 9, 2023 SUMMARY: In accordance with Article I, Section 2-2, of the City of Atlantic Beach Code of Ordinances, the City may contribute city funds or other support to artistic, recreational, or cultural programs, events or projects which benefit the residents of Atlantic Beach, as follows: 1. Requests for contributions to such programs, events or projects shall be submitted to the Cultural Arts and Recreational Advisory Committee, now named Arts, Recreation and Culture Advisory Committee (ARCC). 2. ARCC will make recommendations on any such requests to the City Commission, who will then make the final decision on funding the request. 3. Any request for contributions which are not artistic, recreational, or cultural in nature shall be submitted directly to the City Commission for consideration. ARCC met on Aug. 22, 2023, and Sept. 12, 2023, to discuss and recommend funding for organizations and schools. Five school programs, eight nonprofits and seven for-profit organizations submitted applications. Representatives from each organization gave a 15 -minute presentation and answered questions from committee members. The committee unanimously voted to recommend funding in the amount of $75,000 as delineated in Resolution. BUDGET: RECOMMENDATION: ATTACHMENT: FY 2023-24 funding is in Account No. 001-6010-572-82-00 Approval of Resolution No. 23-45 Resolution No. 23-45 ARCC program, pro .ect .j- • recommendations REVIEWED BY CITY MANAGER: IA Page 129 of 134 Agenda Item #8.A. 09 Oct 2023 RESOLUTION NO. 23-45 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROVIDE FISCAL YEAR 2023-24 FUNDING TO DESIGNATED ORGANIZATIONS AND SCHOOLS FOR ARTISTIC, RECREATIONAL AND CULTURAL PROGRAMS, EVENTS OR PROJECTS 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. WHEREAS, In accordance with Article I, Section 2-2, of the City of Atlantic Beach Code of Ordinances, the City "may contribute city funds or other support to artistic, recreational, or cultural programs, events or projects which benefit the residents of Atlantic Beach," and establishes guidelines, accordingly; and WHEREAS, the Arts, Recreation and Culture Advisory Committee (ARCC) is tasked with reviewing funding requests and making recommendations to the City Commission; and WHEREAS, ARCC followed its application guidelines for grant requests, reviewed the requests, and made a funding recommendation to the City Commission; and WHEREAS, grant funds are allocated in Account No. 001-6010-572-82-00, which has $40,000 budgeted in FY 2023-24 for schools and $35,000 budgeted for organizations. 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 provide FY 2023- 24 funding to the following organizations and schools, utilizing funds allocated in Account No. 001- 6010-572-82-00, as follows: $5,000 NOVA Dance and Wellness $1,700 Flagler's Railway & Continental Hotel Exhibit $3,600 Preventative Health Care Through Tai Chi $2,500 Face4Kids $3,000 Beaches Fine Arts Series $2,500 Powerfully You Nature Program $5,000 PossAbilities Plus $1,000 No Sleep Till $3,500 CapAbilities (Connecting Thru Music) $3,000 New Age Hippy $1,500 Fiddle Fest $5,000 First Coast Comedy $5,000 Brush Up! Canvas Art Painting Class! $4,000 Surf NEGRA / Jax Board Riders $10,000 Fletcher High School Band Resolution No. 23-45 Page 1 Page 130 of 134 Agenda Item #8.A. 09 Oct 2023 $8700 Atlantic Reach Elementary School $6,000 After -School Enrichment $2,700 Cultural Day Event $10,000 Mayport Middle School $3,000 FAME for Mayport SeaPerch Under Water Robotics $7,000 Mayport Middle Shark Bites SECTION 2. The City Manager is hereby authorized to execute the contract and such purchase order(s) in accordance with and as necessary to effectuate the provisions of this Resolution. 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 October, 2023. Curtis Ford, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason Gabriel, City Attorney Resolution No. 23-45 Page 2 Page 131 of 134 Agenda Item #8.A. 09 Oct 2023 Arts, Recreation and Culture Committee (ARCC) September 28, 2023 FY 2023-24 ARCC Grant -Funded Program, rroject and Event Recommendations The purpose of the grant program is to place a high priority on arts, recreation and culture as a key indicator of a good quality of life for our residents. The City Commission has allocated $75,000 to support these programs, projects and events. Sec. 2-2: "... the City may contribute city funds or other support to artistic, recreational, or cultural programs, events or projects which benefit the residents of Atlantic Beach, as follows: (1) Requests for contributions to such programs, events or projects shall be submitted to the cultural arts and recreational advisory committee. (2) The cultural arts and recreational advisory committee will make recommendations on any such requests to the city commission, who will then make the final decision on funding the request. NOVA Dance and Wellness • For Profit • Recommended $5,000.00 • Returning Grantee Flagler's Railway & Continental Hotel Exhibit • For Profit • Recommended $1,700.00 • New Grantee Preventative Health Care Through Tai Chi • For Profit • Recommended $3,600.00 New Grantee Face4Kids Non - Profit Recommended $2,500.00 Returning Grantee COMPANY NAM NOVA Dance and Wellness will provide accessible chair yoga for Seniors and kids dance class each once a week at no charge to participants. Chair Yoga's purpose is to bring movement and mobility to seniors, as well as provide a place of social connection and build a community of support for individuals. Kids and Teens Hip Hop dance class purpose is to expose students to various forms of dance throughout the year, and offer scholarships to NOVA Dance Academy for students who attend and are ready to step into dance training. Flagler Railway's purpose is to host 3 events to introduce the newly installed train exhibit at Adele Grage Cultural Center. The events will consist of sharing the history of Atlantic Beach with Flagler's Railway arrival in the 1900's and the construction of the Continental Hotel along with the beginning of the historic Manhattan Beach. The cost will cover the exhibit panel, as well as the catering for the event as well. The purpose of the program is for senior adults who want to achieve and maintain good mental, physical and emotional health for a lifetime through Tai Chi. The duration of the program is three 8 - week, one-hour class sessions at Adele Grage or Gail Baker Community Center. The project budget will consist of a Tai Chi instructor, training supplies, certificates for participants and additional supplies for support and metrics. The program will be free of charge to all participants. The program can host up to 50 participants per class. Face4Kids is a program that assists children in communities in extreme poverty, crime areas and fractured homes. The beneficial aspects of the program are best reflected in local schools. The beneficial aspects of FACE4Kids is to increase self-esteem, Increase self-confidence, aggression management. The program is offered to students attending Atlantic Beach Elementary, Anchor Academy and the Gail Baker Community Center. Up to 50 participants received services for 1 hour a weekly for 8 weeks. The program is free of charge to all participants. Page 132 of 134 Arts, Recreation and Culture Committee (ARCC) Beaches Fine Arts Series • Non - Profit • Recommended $3,000.00 • Returning Grantee Powerfully You Nature Program • For Profit • Recommended $2,500.00 • New Grantee PossAbilrties Plus • Non - Profit • Recommended $5,000.00 • Returning Grantee No Sleep 1111 • Recommended $1,000.00 CapAbilities (Connecting Thru Music) • Non Profit • Recommended $3,500.00 • Returning Grantee New Age Hippy • Non - Profff • Recommended $3,000.00 • Returning Grantee Fiddle Fest • For Profit • Recommended $1,500.00 • New Grantee First Coast Comedy • For Profit • Recommended $5,000.00 • New Grantee COMPANY NAME Agenda Item #8.A. 09 Oct 2023 Beaches Fine ARTS Series provides free concerts and educational outreach programs. Their mission is to enrich the communities by sharing the transforming the power of music and art, free to attend. The duration of the program is 10 concerts (2 hours each); 21 educational programs (1-3 hours each); 2 retirement home concerts (2 hours each) in the beaches area. In 2022 -2023 preformed for a total of 8000 attendees with 20% of participants were from the 32233 area code. Powerfully You is a series of lessons that teaches the foundational skills needed for self-regulation. Children are taught specific strategies for managing their emotions in a judgment and shame free space. The lessons will take pla ce in either Dutton Island Preserve or Howell Park to help kids develop positive connections to the outdoor spaces in their own communities with the goal of them being able to use natural spaces as a way to improve emotional regulation and connection. Curriculum is designed by an occupational therapist in conjunction in conjunction with neuroscience researchers to use the best available language and strategies. This program is offered to school aged kids at no charge. The program's primary goal is to provide weekly, safe, fun and affordable social and recreational opportunities to individuals with differing needs in the community. Sociabilities also provides a valuable respite to families and caregivers of individuals with differing needs. The program assists individuals with Autism and other differing abilities. Participants have the opportunity to engage in activities such as service projects, cooking and more. Providing a safe, supported and structured space in Atlantic Beach is their mission. The purpose of the film is raise awareness on climate anxiety of coastal Floridian areas as we get into hurricane season. The goal is for the film shoot to take place entirely locally and to show how places like Atlantic Beach are shaped around climax anxiety as it is an area more vulnerable to climate change. Many locals will be taken into consideration for the film, allowing their feedback on the accuracy of the thematic of the city to use for screening. The CapAbilities program is a music therapy group that will meet twice a week for 30 minutes for 34 weeks during the school year. The program serves all children with moderate to serve special needs (language, cognitive and physical needs) who attend Neptune Beach School. So far 37 students residing in Atlantic Beach have benefited from the music program. It is conducted by a credentialed professional who are board certified, has a minimum of a four-year university degree and has completed an internship. New Age Hippy provides events that target life in balance programs specifically designed to serve young adults and seniors with skills from mindfulness practice, strengthening, flexibility and balance by increasing both Mental and Physical needs with our daily lifestyle changes. The events will provide a combination of programs with various hours for up to 100 participants per event. Programs are held solely in Adele Grage, Gail Baker, Howell Park, Dutton Island and Donner Park. Fiddle Fest is an annual weekend event that will be hosted in Atlantic Beach. The goal at Fiddle Fest is to share the joy of making music together. Faculty members are expert performers and teachers who specialize in facilitating social music, mostly Irish and AMERICAN Old -Time. The funds would cover the charges for a full week's participation and the registration fee for artist. Fiddle Fest goal is to offer easy social dancing, opportunities to "jam" and some casual performances for the public. The program will provide free improve education for Middle School and High School students. The organization will provide 9 weeks' total, 8 weeks of instruction with a showcase performance on the 9th week. A one-night free performance by our professional comedians to promote the courses. The benefits for improve education for kids and teens can help foster their confidence, collaboration skills and team building skills. A show will be provided for the public to view at Adele Grage. Page 133 of 134 Arts, Recreation and Culture Committee (ARCC) Brush Up! Canvas Art Painting Class! • For Profit • Recommended $5,000.00 • Returning Grantee Surf NEGRA/ Jax Board Riders • Non - Profit • Recommended $4,000.00 • Returning Grantee Atlantic Beach Elementary Atter-school Enrichment and Cultural Arts Day Event • School • Recommended 58,700.00 • Returning Grantee Mayport Middle School FAME for Underwater Robotics and Mayport Shark Bites • School • Recommended $10,000.00 • Returning Grantee Fletcher High School Band • School Program • Recommended 510,000.00 Returning Grantee COMPANY NAME Agenda Item #8.A. 09 Oct 2023 Brush Up! Canvas Art Painting classes provide monthly art classes for families to attend. The classes are free for children and families to attend. The goal is to help families to feel connected to their local community, and the resources that it provides to its residents. Canvas classes provide social -emotional art therapy, in addition to promoting creativity amongst the community's youth and elders. The program wit target a diverse population of Atlantic Beach residents. Classes are offered once a month with art varying by monthly themes provided by the artist. Food is also provided at no charge as well. Surf NEGRA's Mission is to share, celebrate and educate underserved youth on the health benefits of an aquatic lifestyle and safety, increase ocean education, improve basic life skills and introduce surfing as a means of fitness, wellness, self-discipline and recreation. The program will provide free aquatic sports lessons at no charge. Lessons will be twice a month during the summer Certified instructors will facilitate the lessons and lifeguards will be present to insure all participant's safety. Atlantic Beach Elementary after-school enrichment program assist students with multiple educational after- school activities promoting cultural arts and recreations. Funding helps lower the cost for six weeks of after- school courses to $35 - $75 per week per 6 week sessions depending on the class. Scholarships are provided as needed for families needing financial assistance. A total of 21 cultural arts and education / recreation- based learning classes to 496 students / families. Cultural Day is a community tradition that opens the minds and hearts of students and families attending ABE. Cultural Arts Day is a one -day event introduces students to explore a different country and experience their cultural by learning the history of the culture. FAME's underwater robotics club will address several community needs and gaps, providing various benefits to students, educators, and the broader community. It is open to current or past Mayport Coastal middle school students. Students will receive 150hours of hands on learning and practice over the academic's school year. This program is held every Tuesday for 2 hours and every Saturday for 3 hours during the school year. Projects will be related to Atlantic Beach community such as water quality monitoring, marine life observation, or cleaning up marine debris, fostering a sense of environmental stewardship and citizenship. Funding will provide materials needed to have a successful program. Mayport Shark Bites provides incoming 6th graders the opportunity to experience middle school first hand prior to the first day of school. It offers students to become acclimated with their new educational surroundings prior to the first day of school. It also provides parents/families the assurances that they need as they send their former elementary student into middle school. The 5 -day program provides students have the opportunity to attend cultured and recreational events such as plays, field experiences to local wildlife areas, and hands-on opportunities that they may not normally receive. These enrichment opportunities are provided not only during the Shark Bites camp program time, but also supported throughout the entire school year. The program will provide opportunities to high school students to develop leadership skills. It will also give students equitable access to music education programs in middle and high school. Any students that are interested and comfortable in becoming involved in band or color guard at the middle school or high school level. The goal is to reach as many beach -area middle school students as possible and to remove the real or perceived barriers to them pursuing music programs in middle school, high school, and beyond. Page 134 of 134