Resolution No. 23-51RESOLUTION NO. 23-51
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND
ACCEPTING THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
FROM REGENCY CENTERS CORPORATION FOR TEMPORARY NON-EXCLUSIVE
EASEMENT FOR CONSTRUCTION AND RELATED PURPOSES, SUBJECT TO THE
RESPECTIVE TERMS IN THE EASEMENT AGREEMENT; AUTHORIZING THE
MAYOR TO EXECUTE THE EASEMENT AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City will be constructing improvements in the Hopkins Creek Drainage ditch as part
of the Aquatic Gardens drainage improvement project; and
WHEREAS, as part of these improvements, expanded easement areas are needed on the Atlantic
Village shopping center property owned by Regency Centers Corporation; and
WHEREAS, the City requested and Regency Centers Corporation has agreed to grant to the City a
temporary non-exclusive easement for staging of construction equipment and construction activities and
related purposes, subject to the terms therein.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows:
SECTION 1. The City Commission hereby approves and accepts the Temporary Construction
Easement Agreement with Regency Centers Corporation as set forth in Exhibit A, attached hereto and
made a part hereof.
SECTION 2. The City Commission hereby authorizes the City Manager to execute contracts and
purchase orders in accordance with and as necessary to effectuate the provisions of this resolution.
SECTION 3. The Mayor is hereby authorized to execute the attached Regency Centers Corporation
Easement, Exhibit A, and such other documents as may be necessary to effectuate the purpose of this
Resolution.
SECTION 4. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 13"' day of
November, 2023.
r, Ad � X
Curtis Ford, ldayd
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason ity Attorney
Prepared by and Return to:
Steve Swann, City Engineer
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
IWO :ll_c31W_1
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
_I -jam This Temporary Construction Easement Agreement (the "Agreement") is made and entered into
day of Ochs eJ 20W(the "Effective Date") by and between REGENCY CENTERS CORPORATION
("Grantor"), whose mailing address is 1 Independent Drive, Suite 114, Jacksonville, FL 32202-5019 and the
CITY OF ATLANTIC BEACH ("Grantee"), whose mailing address is 800 Seminole Road, Atlantic Beach,
Florida 32233, with reference to the following recitals of fact:
A. Grantor is the owner of that certain property described in the attached Exhibit "A"
(hereafter "Property'').
B. Grantee is undertaking the construction of drainage improvements in the easement area
shown on attached Exhibit "B" (the "Improvements").
C. Grantee has requested that Grantor provide a Temporary Construction Easement to
Grantee over the Property for the purpose of conducting staging of construction equipment and
construction activities necessary for installation of a new box culvert at Aquatic Drive, hydraulic
enhancements in the drainage ditch and installation of a sheet pile wall.
D. Grantor and Grantee are entering into this Agreement to temporarily permit construction
activities by Grantee within the Property and to establish the terms and conditions thereof.
NOW, THEREFORE, for and in consideration of the terms and conditions set forth in this
Agreement, Grantor and Grantee agree as follows:
1. Recitals. The Recitals set forth above are true and correct and shall form a part of this
Agreement.
2. Grant of Easement. Grantor hereby grants and conveys unto Grantee a temporary
construction easement to enter upon that portion of Grantor's Property as shown on Exhibit "C" attached
hereto (the "Easement"), for the purpose of conducting staging of construction equipment and
construction activities on the Property to allow for installation of a new box culvert at Aquatic Drive,
hydraulic enhancements in the drainage ditch and installation of a sheet pile wall associated with the
Improvements.
3. Costs and Condition of Easement. All costs associated with the use within the Easement
area shall be borne by Grantee. Grantee shall not damage Grantor's Property or improvements except as
may be reasonably necessary to use the Easement for its intended purpose. The Property shall be
re -sodded, and any unreasonable damage to the Property shall be repaired by Grantee at Grantee's sole
expense. Access to the Grantor's Property from Aquatic Drive will be blocked for no more than one four
week period during construction of the new box culvert without Grantor's written consent. Access along
016393661
the northwest corner of Grantor's Property will be attempted to be maintained by Grantor at all times.
Should access be temporarily restricted, Grantor shall attempt minimize any disruptions of delivery
vehicles requiring access to Grantor's tenants.
4. Term. The Temporary Construction Easement shall be for a term of eighteen (18) months
from the commencement of construction. Grantee shall provide written notice to Grantor of said
commencement date. In no event shall the term exceed one year from the Effective Date unless the
parties agree in writing to extend the term.
5. Warranty of Title. Grantor hereby covenants and warrants that it is lawfully seized of the
land where the Easement is located, that it has right and lawful authority to grant and convey the
Easement to Grantee, and that it will defend the Easement against the lawful claims of all persons
whomsoever.
6. Florida Law; Severability; Attorneys' Fees. This Agreement shall be construed and
enforced pursuant to Florida Law. If any provision of this Agreement is determined to be invalid or
unenforceable, such provision shall be severed from the remaining provisions of this Agreement and the
remaining provisions shall continue to be valid and enforceable. In the event of any litigation between the
parties arising out of this Agreement, the prevailing party in such litigation shall be entitled to its
attorneys' fees and costs, whether at trial or appellate levels.
7. Entire Agreement. This Agreement sets forth the entire understanding of the parties
regarding the subject matter hereof. Any prior agreements, representations, understandings, and oral
statements regarding the subject matter of this Agreement are merged herein and shall be of no further
force or effect between the parties.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed asof the
day and year first above written.
Signed, sealed and delivered
in the presence of.•
STATE OF FLORIDA
COUNTY OF DUVAL
GRANTOR:
Regency Centers Corporation, a Florida Profit
Corporation
Patrick McK—inley
Se Mor Vice President
a -Y O k WENDI BASS HILL
/: �11� Notary Commission
•State 2 Florida
CommisslonMHH32S448
•,W r,,,• My Comm. Expires Nov 20, 2026
Bonded through National Notary assn.
The foregoing instrument was acknowledged before me by mea s of Stphysi al presence or ❑ online
notarization, this day of�2023, by l IlsC�k % < <� 1��i , as 11 orm46�aLdm
of Corey Properties, LLC, who is personally known to me or who has prc ed N
Page 2 of 6
01639366-2
as identification.
xl"
N RY PUBLIC, State of Florida
My Commission expires:
Signed, sealed and delivered GRANTEE:
in the presence of.•
CITY OF ATLANTIC BEACH, FLORIDA
Print name:
Print name:
STATE OF FLORIDA
COUNTY OF DUVAL
By:
Printed Name:
Its:
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this day of 2023, by , as of City
of Atlantic Beach, Florida, , who is personally known to me or who has produced
as identification.
NOTARY PUBLIC, State of Florida
My Commission expires:
Page 3 of 6
07839388-2
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PAGE 1 OF 1
04629,"&,, 2 Page 5 of 6
SHEET PILE
INSTALLATION AREA
EXHIBIT "C"
MATERIAL & EQUIPMENT
SSI TORAGE AREA
' ' BOX CULVERT, 4
REPLACEMENT AREA
Atlantic, InforBt,armation
ationFlorida Atlantic Village
Ceograpl»ca] Information System
v�n� wM.oro•n_� i
Temporary Construction Easement Area
01639366-2 Page 6 of 6