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4-13-26 Draft Agenda
City of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, April 13, 2026 - 6:00 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 2. COURTESY OF FLOOR TO VISITORS 2.A. Employee Recognition - Wastewater/Water Operator 3 Travis Cheeseman 20- Year Anniversary Recognition 2.B. Police Department Volunteer Appreciation - Joni Lyon, Joe Esparza, James Johnson PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (April -June 2026) 90-Day Calendar (April - June 2026) 5 - 8 3.B. STOP Committee Report Action Plan 3.C. Other Reports 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4.A. City Manager Recruitment Update (Commissioner Bole) 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Approve Resolution No. 26-55. 9 - 20 Page 1 of 122 Regular City Commission - 13 Apr 2026 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING A CHANGE ORDER FOR THE PUBLIC UTILITIES WASTEWATER TREATMENT CHLORINATION-DECHLORINATION UPGRADES 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. Resolution No. 26-55 7. COMMITTEE REPORTS 7.A. Appointments to Various Boards and Committees Appointments-Reappointments 21 - 27 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 26-48 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF ATLANTIC BEACH AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH, THE CITY OF NEPTUNE BEACH, AND TBR NEPTUNE OWNER, LLC, FOR THE PROVISION OF POTABLE WATER FIRE PROTECTION SERVICES; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-48 29 - 45 8.B. RESOLUTION NO. 26-58 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE SUBMITTAL OF A 2026 T-MOBILE HOMETOWN GRANT APPLICATION UPON EXECUTION BY THE MAYOR OR CITY MANAGER; AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE AGREEMENTS AND DOCUMENTS ON BEHALF OF THE CITY OF ATLANTIC BEACH; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-58 47 - 48 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 90-26-259, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND SOUTHCOAST CAPITAL PARTNERSHIP, LTD. AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME TO PROVIDE FOR A DEVELOPMENT CONTRACT TO GOVERN THE REDEVELOPMENT OF 299 ATLANTIC BOULEVARD PROVIDING LANDSCAPE COMPENSATION ALLOWING FOR THE REDEVELOPMENT OF A PORTION OF THE EXISTING BUILDING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 90-26-259 49 - 117 Page 2 of 122 Regular City Commission - 13 Apr 2026 9.B. ORDINANCE NO. 20-26-182, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2025, AND ENDING SEPTEMBER 30, 2026; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 20-26-182 119 - 122 10. MISCELLANEOUS BUSINESS 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, visit www.coab.us/live. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office 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 122 Page 4 of 122 AGENDA ITEM:90—DayCalendar for the City Commission SUBMITTED BY:Adrianna Walsh,Executive Assistant to the City Manager TODAY’S DATE:April 2,2026 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT MEETING DATE:April 13,2026 BACKGROUND:The rolling 90—daycalendar is routinely revised based on input from City staff and the Commission,and is included in each agenda for consideration by consensus. Please note that the 2026 town hall meetings have been scheduled for' 0 Saturday,May 2 in the Commission Chamber 0 Saturday,July 18 at Gail Baker Community Center 0 Saturday,October 17 at the Adele Grage Cultural Center BUDGET:None RECOMMENDATION:Accept the 90-Day Calendar for April 2026-June 2026 by consensus ATTACHMENT(S):City Commission 90-Day Calendar (April 2026-June 2026) REVIEWED BY CITY MANAGER: Agenda Item #3.A. 13 Apr 2026 Page 5 of 122 26 32¢23;; Sac mw?o “Ema 2D:35 E 3.535 van—?:oHEDEaHP59532:503%on 953 555En:E0983 2:5ShamnomSEoCEQYENS{mm 05 E 3.3.M:2fanREESEmambuoxyEQNEo>m w?ocwo0::inn 592ES:Es:mmmswam En m. .380 mEmEmBBm _Squ:o:>cm cm 3 Sn .0 .250 mEmUEBBm Ecu?aobém mm NN Em 0 mm Exam EoEQoEEQ bmanEoU MN ZOHmmEZ—ZOUMFEU .?/HHMDVH/uw%<Q5§,5Qw?DEH.W/dedZOE—.3[qr/{Dm‘m—DH .?/«DZOZ .w/uQZDm Aom?s22:3 Ego Eur/H2530: 8am 092m“—853m 2: momicoao 3E :85: En ~58 3 5x32 @5ng 25 =§3¢ Ea WEN E BEE Pagan 9 SE 20.539 Em c .5800 EST—chom 93m :325: Sn WEN S EVEN—2magnum 25 ?aév Ea N-EmS “av—ES“Eu scam Sn 0 “20.992,EV 0058500 8330 En capo AE.E?....5@m.mE co?mEESO 36 3 2 En o wssoméuo? commmmEEoU55 b c 055-0966 Em comm mommmm??ooNED Agenda Item #3.A.13 Apr 2026 Page 6 of 122 @33on ESE 53:9Emaa202352:5CramCREST)”:5.3-:me223.5ES _we:32 :mI :.<E €23on 9&2 :BSQVEm:E0983 2:501mm5589En_.53 Hzmo91mm8$9 Ea ZO—mm—E—ZOUVEHU ,??QmDB/?f..CAEME”ju?my?d‘b?«radium/ADP?”(Sq?mmDH .CmQZOZ hag Evans—2 886 @850 56 25m :33”: En WEN 2 Evan:mhmcnmm _m HomEO229$ Em o Emmzocmsoolx 3.5m Emmsmv En N.E~2 E32 @653“. VN 35 :0?de En Néa om 64.52 wsuumm 32$23%;: En N-EmS EVE:$58.8 H 2 En:Bot—.59 Em C «5250 m§_§wnom 3.5.”—239%... Ea N-Emo— uqu .2 Warsaw Enwéocz ‘3,5.moowm mm 32022;; EB. mw?oERAQDswam m_ Emw @3an:06ch Wom?O233$ Emm cotmooomE?< $50E38; E55SHE a 3 :2anqu 59:52Edam EmN oambmmw?zEmoomm EoEooaoEm080 Sn 0 BEG 9%“:nt EcmEcotém mm 0.1 En 0 BED EamEmBBm ESE—Shim— m_ EEMéoE—Van006 :EmmMEEoU36 Eu 0 Emom €252ng bEzEEoD Em c quEEoU 85:50 ,cowaubum .mt< S onMéQEC Ea 006 20628800 EC u . c:3 a {Lug3A‘:QP Agenda Item #3.A.13 Apr 2026 Page 7 of 122 Augmoi952cotzeEm_956:0?23>@28on€22 858EnH?ance?2:5 gee 28$ Eu 0 cotmooom«?t/x 2:; E9 0 QED QEmEmBBm EEDEEFEQ Em N 285332 :20on Euzsohomcm ovou Sn 0 Exam “cacao—gum 3:52:00 ZOHmmH—ZEOUMEMO .w/{QmpiiwLSHDHMEM21255EH..?/lgmzZn?.5/#25239 “5.0 ZOE AC?QZDw 53m zemmsmv Ea N-EmS 98:32 22:8; 380 22:: En o Em?2252 01mm5&3: Ea Nana 2 EEE Egan 3.5 $36 Eu was a: $me ?esta; an:23:33 Ea o #5250 BBCBwnom 02$:33: En $55 2 gov—E2 Vacuum Anus—.0Bow3 En m Em o Quomég?v Eao.280 QEmUSBBm oQEEEoO 3830 En cod $30ESQa:swam3:08:83:an “gassed £t<comma—:50 b5 A?oméoéb Em oouo commEEEoU.95 323$nEoBocE 886 8055 36 U‘ w Agenda Item #3.A.13 Apr 2026 Page 8 of 122 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.26—55authorizing funding for the change order for the Public Utilities Project PU2325 WWTP Chlorination-Dechlorination Upgrades SUBMITTED BY:Troy Stephens,Public Utilities Director DATE:March 24,2026 MEETING DATE:April 13,2026 BACKGROUND:The Public Utilities Department requests approval for Change Order No.1 for the Wastewater Treatment Plant (WWTP)Chlorination—DechlorinationUpgrades Project.Prior to demolition,the contractor identi?ed conditions requiring the relocation of electrical connections not indicated in the original design.Additionally,the department recommends a substitute for the originally speci?ed chemical feed pumps due to documented manufacturer and reliability concerns with the initial brand. The original contract was awarded for $1,290,000.00.This change order totals $61,288.42,bringing the revised contract amount to $1,351,288.42.Funding for this increase is available through the reallocation of surplus funds from Project PU2210 (Digester Catwalk Replacement),which currently holds an unused balance of $127,907.00. BUDGET:Reallocating $61,288.42 from the Public Utilities Project PU2210 brings the total project amount to $1,351,288.42. RECOMMENDATION:Adopt Resolution No.26-55 COMMUNITY OUTREACH:NA ATTACHMENTS:Resolution No.26-55 Change Order from PBM Constructors,Inc. REVIEWED BY CITY MANAGER:V" Agenda Item #6.A. 13 Apr 2026 Page 9 of 122 I II .I I I =I I I l |I‘I ;II II II I I II I I I I ‘Jl‘. h .. I I ‘| I II II ' l,.I | 'II V‘ .v.-I I II I- “‘I I h I I I I " I I PI .I I.I I I 'I RESOLUTION NO.26-55 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING A CHANGE ORDER FOR THE PUBLIC UTILITIES WASTEWATER TREATMENT CHLORINATION-DECHLORINATION UPGRADES 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. WHEREAS,on July 14,2025,the City Commission awarded Bid No.2425-03 Public Utilities Wastewater Treatment Plant Chlorination-Dechlorination Upgrades to PBM Constructors,Inc;and WHEREAS,the contractor submitted an original bid of $1,290,000;and WHEREAS,due to the discovery of old electrical feed lines,electrical connections must now be relocated;and WHEREAS,due to reliability and manufacturer issues,the chemical feed pumps that were originally slated to be installed must be replaced with a different brand of pumps;and WHEREAS,the City desires to execute a change order for the project in the amount of $61,288.42;and WHEREAS,the City desires to reallocate $61,288.42 budgeted in FY 2022— 23(Project No.PU2210)to fund the change order. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes funding the change order for the Public Utilities Project PU2325 from PU2210 ($61,288.42)and SECTION 2.The City Commission hereby authorizes the City Manager to execute the change orders with PBM Constructors,Inc.and approve a purchase order to said vendor in the amount of $61,288.42. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13thday of April,2026. Resolution 26-55 Agenda Item #6.A. 13 Apr 2026 Page 10 of 122 Curtis Ford,Mayor Jason Gabriel,City Attorney Resolution 26— Donna L.Battle,City Clerk Approved as to form and correctness: Attest: Agenda Item #6.A. 13 Apr 2026 Page 11 of 122 Existin out of service old blower buildin scheduled for demolition re .,,,,1.L,Au Existin loads/e ui ment willbe re owered from ad‘acent newer blower buildin TOTAL ORIGINAL CONTRACT PRICE CHANGE ORDER #1 TOTAL CONTRACT AMOUNT NET INCREASE RESULTING FROM THIS CHANGE ORDER CURRENT CONTRACT PRICE INCLUDINGTHIS CHANGE ORDER $1,290,000.00 $61 288.42 1,351,288.42 $61 238.42 $1,351,288.42 U rade of Chemical Feed Pum s Contractor Marku 5%for subcontractor mana ement&rocessin Contractor Performance 8.Pa ent Bond 1% Wastewater Treatment Facility Chlorination/Dechlorination Upgrades/Improvements City of Atlantic Beach,FL Bid No.2425-03 CHANGE ORDER NUMBER1 Contractor: Engineer: Date: ITEM PBM Constructors,Inc PO Box11089 Jacksonville,FL 32239 904-751-7500 Fax 904-751-0600 J.Collins Engineering Associates,LLC 12412 San Jose Blvd.,Suite 204 Jacksonville,Florida 32223 (904)262-4121 uires ower isolation &electrical demolition rior to removal.Location of new chlorination/decnlonnation custom to be located In race 01 me 010 blower buildin .Demolition of old building re uires refeedin of existin facili loads that are currently powered from this buildin .Existin loads for repowering: 480V,3 hase and aeration s tern,&three 120/240V,sin Ie hase loads. Work includes both demolition of old and construction of new conducters &conduits.Two subcontractor uotes received -lowest cost selected Total Cost/Price sec-seem 69 45,000.00 12,792.00 57,792.00 2,889.60 606.82 61 288.42 INCREASE OR DECREASE IN CONTRACT PRICE Date: Date: Accepted by: Contractor Accepted by: Accepted by: This document shall become an amendment to the contract and all revisions of the contract will a )I hereto. Owner Date: Engineer SUBTOTA Owner:City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL (904)247-5800 March 23,2026 tS Agenda Item #6.A. 13 Apr 2026 Page 12 of 122 PBM CONSTRUCTORS INC. *Cost proposal for additional electrical services required to isolate power from the old blower building and make ready for demolition *Cost proposal to Install (6)Grundfos pumps in lieu of Blue White pumps CHANGEIN CONTRACT PRICE Change Order #‘3 Old Blower Bldg Power Isolation &Pump Swap 3/17/2026 WWTP Chlorination-DechIorination Upgrades 365 365 30 395 TBD TBD DATE DESCRIPTION ADDITIONALCONTRACTTIME ORIGINALCONTRACTVALUE(CONTRACTSUM) NETCHANGEBYPREVIOUSLYAUTHORIZEDCHANGEORDERS CONTRACTSUM PRIORTO THIS CHANGE ORDER CONTRACTSUM TO BE INCREASEDIN THEAMOUNT OF CONTRACTSUM TO BE DECREASEDIN THEAMOUNTOF REVISEDCONTRACTSUM INCLUDINGTHIS CHANGEORDER ORIGINALCONTRACTDAYS NET CHANGE BYPREVIOUSLYAUTHORIZEDCHANGEORDERS CONTRACTDAYS PRIOR TO THIS CHANGEORDER PROPOSED ADDITIONALCONTRACTDAYS REVISEDCONTRACI'DAYS INCLUDINGTHISCHANGEORDER ORIGINALFINALCOMPLETION DATE NEW FINALCOMPLETION DATE ACCEPTEDBY: PBM mmmmmm 1,290,000.00 1,290,000.00 61,288.42 1,351,288.42 DATE OWNE ACCEPTEDBY 1)Please note that this change order must be executed by both parties prior to work commencing 2)Anything not specifically included is excluded or subject to clari?cation/negotiation. COABContract No:2425-03 PBM Project No:C402 Submitted By:Justin Grey,PM Agenda Item #6.A. 13 Apr 2026 Page 13 of 122 ~v.ww~Hm ~m.wow 843.8 m m8.83 -m8.83 OOOOOOOOO OOOOOO ._ u_>__._.¢w>o Jen—.0... ._<._.O._. ._<._.O._. mmmmmWWWWWMWWW 20....<N_.=mo_2mun.500 ".30... :30... ".30... ".20... £50: ><n=._01 $50: 3320. mun—OI mSEkw>O $50: wZOF<N_.=mO_>_ “6:855: 8.8m8.8m 8.8m8.8m 8.3m8.3am 8.8w8.8m 8.02w,8.2:m 8.8w8.8m 950:85.E5. .2520:5320:”2:55 8.8m8.8m 8.8m8.8m 8.8am8.8aw 88$88.8am 8.92”w88$8 8.8am8mgm 8.mmHm882w 8.5m8.5m 8.2.m88w An50:E5.E5. ._<_>Eoz><o=o=22:85 09mm oo.mm coda.“ oodm oodo? oo.mm m._.<¢ 55.0:mmmmmm code oodm oodn oodm oodm oodh oodm 09mg“ oodm uh: 51:0: WWWWWWWW *N uwouxm 3 “oz 88 8.3 “5:58 ucmmucmEBtwmSEEOU xmwz, Hv.cosz?oE >ucwwLmEm 3.025 8..“L :o_§___8_2 E88. ZO_.E_¢UmmD ?oatpcwEaEum =mEm ?at.855 v.25.Eoom $80..$me Eggs—80..=~Em Bum>muxm woiumm ZOFQEU?D .2033 3:325 .5823 35% b>3 our”. 3225 Be: .635 v.02... 53:50 22:9qu :mEEE 8883 85 Lemmas).6&9; ZOELEUmma SE $0.5 .53.. ~96 8.35 .2338 .0. .m .02 SE...— did-cw: .02 SE...— unc'I4; .02 55.... im 8:258 6:6&2"..28 32 2m 58 .5263:5;.wcorn—cm.Egon.mEm532m20-amE EEO wmcms d:—.m._3u:=m:ouSEA. Ego... ooznwwdwoNo~\:\m Agenda Item #6.A.13 Apr 2026 Page 14 of 122 Subcontractor $45,000.00 $57,792.00 5% $60,681.60 Subtotal Mark-up Total Freedom Electrical Contracting,Inc.*See Attached 1 LS 5 45,000.00 McKendree’sPlumbing &Heating,Inc.*See Attached 1 LS $12,792.00 5 12,792.00 PBM Constructors Subcontractor Work Description Quanti Unit Unit Price Total Price Agenda Item #6.A. 13 Apr 2026 Page 15 of 122 ESTIMATE Bill to City Of Atlantic Beach City Of Atlantic Beach WWTP 1200 Sandpiper LN Atlantic Beach,FL 32233 USA FEC Freedom Electrica lContracting,Inc. Freedom Electrical Contracting,tyler@freedomec.com Inc.+1 (904)761-4930 1093 Autumn Pines Dr ER#13015911 Orange Park,FL 32065 #Product or service Description Rate Amount Estimate details Estimate no.1 AB WWTP Estimate date:02/19/2026 FEC Package electrical material electrical material electrical material Scope of work /Labor FEC package for equipment and electrical services -CoAB WWTP Hypochlorite Conversion Project —Change Order No.1 Old Blower Bldg Power Isolation and Demolition (price not to exceed $45,000 based on what has currently been seen on site,if there are major issues or problems that arise,they can be discussed immediately ). PVC conduit,THHN wiring,Polaris taps, hardware,straps,unistrut,etc. Eaton 70 amp breaker /bucket to re feed pond aeration system. electrical quazite handholes where needed for transitions and wire pulls in the ground, Based on site visit,re feed sampler and flow transmitter at headworks with 120VAC circuit from panel L5A.Find 70 amp circuit to pond aeration where it leaves the building,ideally intercept the feed and relocate it to MCC 3 with the new 70 amp bucket and re pull new wire where needed. Find the 240V circuit that feeds the pole lights on site now,intercept that circuit and tie into new circuit from panel L5A. Investigate if the unknown circuit is providing 120VAC to an item in use,if it is 1 $45,000.00 $0.00 $0.00 $0.00 $0.00 $45,000.00 $0.00 $0.00 $0.00 $0.00 Agenda Item #6.A. 13 Apr 2026 Page 16 of 122 $0.00 $0.00 6.Scope of work /Labor then it willneed to be identified and addressed at that time. FEC to handle all excavation,site work, trenching,and outages that would be needed and coordinate with AB WWl'P personnel. Scope of work has been seen and discussed with Frank Wells and PBM,but most of the scope is considered to be exploratory to find the exact path and location of each feed. Any asphalt. Any saw cut willbe replaced with cold patch,and small areas of concrete that may need to be cut or disturbed willbe repoured as. $0.00 $0.00 Note to customer Attn:Troy Reference:Electrical change orders Accepted byAccepteddate 7 Exclusions Total $45,000.00 Agenda Item #6.A. 13 Apr 2026 Page 17 of 122 ’l‘ DHGB @690 DA‘T UP ”LANE.I B PHONE SIRE?"AQ?RESS HY FUATF glP (on l?rnpnaal McKendree's Plumbing &Heating,Inc. Cliff Mckendree lll.Licensed Master Plumber,Owner Clayton L McKendree.Owner 4248 Lenox Avenue.Jacksonville.FL 32205 (904)387-5156 Fax (904)389-2561 VAJ?Ul-F‘Ri'mSAl NUMBI:R UA l''3 NAME- Grundfos Pumps K :3 meme»: City of Atlantic Bch WTP 2 r.E a:F:was .03 ran-re:': PBM Constructors Inc.Attn:Justin Grey &Ben Moore STREET “973.0585 3000 Faye Road C‘TJ.$121.72,222‘3233 Jacksonville,FL 32226 Change Order to install (6)Grundfos pumps in lieu of Blue White pumps. DDA 200—4AR-PVCNlC-F-31A7A786 Part Number:99159483 Voltage:100—240V,1 PH,50/60 HZ Suction/Discharge:3/4"MNPT Gaskets:Viton Control Variant:Standard Manual w/External Pulse,Analog (4-20mA)Signal.Alarm Relays (1)extra replacement diaphragm kit per pump (6)Kit control cable 16 ?.Input analog 4—20mAexternal stop (6)Kit control cable 16 ft.—Output analog 4-20mA (6)Kit control cable 16 ft.—Output for Relay 1 &Relay 2 11312i?mpnm‘: Pavtnent to be made as fn?ows. 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"-4 1'.:_)r:n$?txon fc:5 in n..:h ’J'..31“r .n nn??n‘ls ‘5:3.‘ ‘.','I:hu‘.:1:,UL} ..A n.3,.Cr,1..-,H .‘.Thyagympncga 5p:caliaus'?nz‘C'"Lam '95s,-salis hisWow and ‘‘3'.-.tn:S|g[12u,|::‘ iJ‘t‘31192215.rm 1’L \x'.P:.n Set-s :.)3:pm ace:"'i Ty McKe ree Project Manager Twelve Thousand Seven Hundred Ninety Two Dollars*****$12,792.00 As Billed Net 30 "''C'?hereby to furnish matarta!and labor -mmplata in acnordance With Iha above speci?cations,for the sum of riglkirs \fiu" ,- Dec 17,2025 .Qr:F .‘c tcbyaubmimmv u 113mm:5'astes fan 2901 . ‘SLMVITTLL':n) Jl"E‘LlTiCATlL‘ :08 ”AK We hmbv sum spec?mbou and est!!! HITC[‘7 How. l;- PRGPCSnL SLS'u‘DATEpHCM‘ =_ G .r?r Agenda Item #6.A. 13 Apr 2026 Page 18 of 122 C.O.R.#:CDD1743- 001Date:March 16,2025 Change Order Request Project Name:COAB WWTP Chlorination /Dichlorination Upgrades Change Order Name:MCC-1 DEMO Project #2 CDD1743 To:PBM Constructors From:Austin Helmers Attn:Ben Moore Address:3300 Faye Road 3000 Faye Rd.Jacksonville,FL 32226 Jacksonville,FL 32226 Phone:770 639-8818 Fax:Phone:904)358-7344 Fax: Isolation of power from the old Blower Bulldlng MCC-1 to make building ready for demolition. Scope of Work to include the following: 1.Remove existing feed to the existing Pond Aeration Pump System and isolate from MCC-1 Repower the existing Pond Aeration Pump System from MCC—3with new Eaton 70 Amp Breaker Research best suitable means to intercept the existing raceways to repower the existing system New Conduit and wire as required 2.a.Research feed to Sampler and Flow Transmitter. Refeed the Sampler and Flow Transmitter from the Centrifuge Bldg.Panel L5A New Breaker New Conduit and wire as required b.Research feed for the Pole Lights Refeed the Pole Lights from the Centrifuge Bldg.Panel L5A New Breaker New Conduit and wire as required c.Research "Unknown"load If determined the load is still active,refeed the load from the new Chemical Building Panel PNL-CH or another suitable means 3.Demo MCC-1 and existing MCC—1feeder circuit conductors back to their source.Demo includes all conductors and junction boxes (no ductbanks).Source breaker in Switchgear shall be tagged as SPARE. 4.Research MCC-1 control circuits 0001 and 8001. Ifactive,refeed these circuits with best suitable means if inactive,demolish existing conduits and conductors back to the termination locations Change Order Price:$54,441.78 We are requesting a time extension of in conjunction with this change order. This price is good for 30 days.If conditions change.this price is void. Austin Helmers March 16,2025 Author Date Sent Accepted The above pricing and speci?cations of this Change Order are satisfactory and are hereby accepted. All work to be performed under the same terms and conditions as speci?ed in original contract unless otherwise speci?ed. Date of AcceptanceAuthorizedSignature 0 DAYS iggr Egice Includes: Agenda Item #6.A. 13 Apr 2026 Page 19 of 122 I__.m ml 1 I I _| _—__$._._ l.—M _l 13%|‘_1 _l ‘1 P s L!_I_1_ml ml Ills!_Ll W s s m m ml In!|I‘_Hl $4 Damn]I ml _I _|M n; Equipment Excavator Cost Total Tax Total Materials Labor Surve La out Electrician Foreman Journeyman Electrician Ap rentice Electrician Materials Lot Material Jaxson Gear/E u ment Quote 0.00 80.00 80.00 80.00 0.00 $140.00 $119.89 $84.58 $44.08 Man Hrs Total Tax Total Labor C.O.R.#:CDD1743-001 Date:3/16/2026 Project #:CDD1743 Expenses Truck &Small Tool Total ax T Mate's Total Tax otal Materials 1.00 1.00 0.00 0.00 1.00 0.00 0.00 0.00 160.00 0.00 $9,416.24 $14,580.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 $0.00 $0.00 $0.00 Sub Total Grand Total 7.5 7.50% 7.50% 7.00% Sub Total Grand Total 7.50% 7.50% 7.50% 7.50% Sub Total Grand Total 0.00% 0.00% Sub Total Grand Total 0.00% 0.00% Sub Total Grand Total Total: Overhead]Pro?t : Bond: Subcontractor: Marku Subcontractor: Total: $0.00 $0.00 $706.22 $1,093.50 $0.00 $0.00 $1 799.72 $1,799.72 $0.00 $0.00 $0.00 $0.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8.50% 1% 8.50% $0.00 $9,591.20 $6,766.40 $3,526.40 19 884.00 $19,884.00 $10,122.46 $15,673.50 $0.00 $0.00 25 795.96 $25,795.96 $0.00 $0.00 $0.00 $0.00 0.00 $0.00 $4,000.00 $0.00 000.00 $4,000.00 $0.00 $0.00 $0.00 $0.00 $49,679.96 $4,222.80 $539.03 $0.00 $0.00 $54,441 .78 1.00 0.00 Subcontractors Cost Subcontractors Euimnt Total ax Materials Labor T Agenda Item #6.A. 13 Apr 2026 Page 20 of 122 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING REPORT DATE:April 1,2026 AGENDA ITEM:Appointments/Reappointmentsto Various Boards and Committees SUBMITTED BY:Donna L.Bartle,City Clerk March 26 2026 BMRC Amended A enda Packet RECOMMENDATION:Appoint members as listed in the table above. MEETING DATE:April 13,2026 BACKGROUND:The Board Member Review Committee met on March 26,2026 to address vacancies on various boards and committees and made the following recommendations for appointing members. Board/Position Name Committee REF #Effective Date Expiration Date Appointment from alternate member to regular member position: Douglas Moody CDB 2 Immediately 12/3 1/2028 New appointments: 8 Immediately 12/31/2028 Nancy Staats CDB First Alternate 9 Immediately 12/3 1/2028 Kelly Elmore CDB Second Alternate Matthew Mattila ESC 5 Immediately 12/3 1/2028 Eran Tobol ARCC 3 Immediately 12/3 1/2026 Roy Goldman G—PBOT 3 Immediately 12/3 1/2028 Please Note:The BMRC reconsidered its previous recommendation regarding Ian Brown as the second alternate member due to ongoing delays in establishing residency.Following a failed vote on the original motion,a new recommendation was approved and is re?ected in the table above. BUDGET:There is no budget impact. ATTACHMENT(S):Draft Minutes of the March 26,2026 BMRC meeting REVIEWED BY CITY MANAGER LINK(S): Agenda Item #7.A. 13 Apr 2026 Page 21 of 122 MINUTES Board Member Review Committee (BMRC)Meeting Thursday,March 26,2026 -5:30 PM City Hall,Commission Chamber 800 Seminole Road,Atlantic Beach,FL 32233 CALL TO ORDER AND ROLL CALL Mayor Ford called the meeting to order at 5:30 pm.and City Clerk Bartle called the roll. APPROVAL OF MINUTES LA.Approve Minutes of the Board Member Review Committee meeting of October 30, 2025. (This item was addressed after Item 3.) Mayor Ford asked if there were any corrections to the minutes.There were no corrections.Mayor Ford stated the minutes stand as submitted. Present:Curtis Ford,Mayor/Chair Stephen Ditamore,Member Sean Keane,Member Pamela White,Member Amy Palmer,ESC Chair Kirk Hansen,CDB Chair Absent:Josué Cruz,ARCC Chair John Hoff,G-PBOT Chair Also Present:Donna Bartle,City Clerk Bob Blanco,Human Resources Director PUBLIC COMMENT There were no public comments. INTRODUCTIONS AND OVERVIEW OF ROLES AND RESPONSIBILITIES OF BOARD/COMMITTEES Mayor Ford thanked the candidates and explained the vacancies and the roles of alternates. CDB Chair Kirk Hansen,ESC Chair Amy Palmer,and HR Director/Pension Administrator Bob Blanco provided overviews of their respective board/committee. Board Member Review Committee (BMRC) March 26,2026 Page 1 of 6 ATTENDANCE: Agenda Item #7.A. 13 Apr 2026 Page 22 of 122 4.COMMUNITY DEVELOPMENT BOARD (CDB) 4.A.Interview/Review CDB Candidates The Committee interviewed Mr.Moyer,Ms.Staats,and Mr.Elmore for CDB. James Moyer (CDB) BC App-25-08 Nancy E.Staats,MD (CDB) BC App-25-06 Kelly R.Elmore (CDB) BC App-25-21 Discussion ensued about attendance expectations for alternate members. 4.B.Discuss current First Alternate (Member 8),Douglas Moody,who is interested in serving as a Regular Member (Member 2)and make recommendation. Mr.Hansen reported on Douglas Moody's contribution to the CDB. MOTION:Recommend elevating Douglas Moody from First Alternate (Member 8)to a Regular Member (Member 2)on the Community Development Board. Motion:Kirk Hansen Second:Stephen Ditamore Curtis Ford For Stephen Ditamore (Seconded By)For Sean Keane For Pamela White For Kirk Hansen (Moved By)For Motion passed 5 to 0. 4.C.Discuss Ian Brown,who was recommended by the BMRC on 10/30/25 for the (then non-existing)second alternate position (Member 9). BC App-24-06 Chair Hansen requested reconsideration of the previous recommendation of Ian Brown for second alternate.He explained that while Mr.Brown is well quali?ed with great credentials,he is not yet a resident because his house construction is incomplete,leaving the board without a second alternate for the past three months.He expressed concern that it would be reckless to continue waiting given the ongoing delays. Board Member Review Committee (BMRC) March 26,2026 Page 2 of 6 Agenda Item #7.A. 13 Apr 2026 Page 23 of 122 MOTION:Reconsider the vote we took at the last meeting where we recommended Ian Brown as the second alternate. Motion:Kirk Hansen Second:Pamela White Curtis Ford Stephen Ditamore Sean Keane Pamela White (Seconded By) Kirk Hansen (Moved By) Motion passed 5 to 0. Following Robert's Rules requirements for reconsideration,the committee then voted on the original motion to recommend Ian Brown. MOTION:Recommend appointing Ian Brown to the (as yet non-existing)2nd alternate position on the Community Development Board. Motion:Stephen Ditamore Second:Sean Keane Curtis Ford Against Stephen Ditamore (Moved By)Against Sean Keane (Seconded By)Against Pamela White Against Kirk Hansen Against Motion failed0 to 5. Motion died due to lack of a second. ACTION:Recommend appointing Nancy Staats as the First Alternate (Member 8)to the Community Development Board (CDB). Motion:Stephen Ditamore Second:Sean Keane 4.D.Discuss candidates and make recommendations. MOTION:Recommend appointing James Moyer to the Community Development Board as the First Alternate (Member 8) Motion:Kirk Hansen Board Member Review Committee (BMRC) March 26,2026 Page 3 of 6 For For For For For Agenda Item #7.A. 13 Apr 2026 Page 24 of 122 Curtis Ford For Stephen Ditamore (Moved By)For Sean Keane (Seconded By)For Pamela White For Kirk Hansen For Motion passed 5 to 0. MOTION:Recommend appointing Kelly Elmore as the Second Alternate (Member 9)to the Community Development Board (CDB). Motion:Kirk Hansen Second:Pamela White Curtis Ford For Stephen Ditamore For Sean Keane For Pamela White (Seconded By)For Kirk Hansen (Moved By)For Motion passed 5 to 0. CDB Chair Hansen left at 6:40 pm. ENVIRONMENTAL STEWARDSHIP COMMITTEE (ESC) 5.A.Interview Matthew Mattila (ESC) BC App-26-01 The Committee interviewed Mr.Mattila for ESC. 5.B.Discuss candidate and make recommendation. MOTION:Recommend appointing Matthew Mattila as a regular member (Member 5)to the Environmental Stewardship Committee (ESC). Motion:Stephen Ditamore Second:Amy Palmer Motion passed unanimously 5 to 0. ARTS,RECREATION,AND CULTURE COMMITTEE (ARCC) 6.A.Interview Eran Tobol (ARCC) BC App-25-05 Board Member Review Committee (BMRC) NIarch 26,2026 Page 4 of 6 Agenda Item #7.A. 13 Apr 2026 Page 25 of 122 The Committee interviewed Mr.Tobol for ARCC. 6.B.Discuss candidate and make recommendation. MOTION:Recommend appointing Eran Tobol to the Arts,Recreation,Advisory Committee as a regular member (Member 3). Motion:Stephen Ditamore Second:Pamela White Curtis Ford For Stephen Ditamore (Moved By)For Sean Keane For Pamela White (Seconded By)For Motion passed 4 to 0. 7.GENERAL EMPLOYEES'PENSION BOARD OF TRUSTEES (G-PBOT) 7.A.Roy Goldman (G-PBOT) BC App—25-22 The Committee interviewed Mr.Goldman for G—PBOT. 7.B.Discuss candidate and make recommendation. MOTION:Recommend appointing Roy Goldman as a regular member (Member 3)to the General Employee'Pension Board of Trustees (G-PBOT). Motion:Pamela White Second:Sean Keane Curtis Ford For Stephen Ditamore For Sean Keane (Seconded By)For Pamela White (Moved Bv)For Amy Palmer For Motion passed 5 to 0. OTHER BUSINESS ESC Chair Palmer reported that ESC would lose at least three members to term limits at year- end,with a fourth member indicating she would not continue,representing nearly half the committee and signi?cant institutional knowledge loss.She requested consideration of scheduling meetings to pre-?ll positions before vacancies occur to ensure smooth transitions. Board Member Review Committee (BMRC) March 26,2026 Page 5 0f 6 Agenda Item #7.A. 13 Apr 2026 Page 26 of 122 Donna L.Bartle,City Clerk Curtis Ford,Mayor/Chair City Clerk Bartle explained various approaches used previously,including "on deck“ appointmentswith timeframes when multiple applicants are available. City Clerk Bartle offered to propose dates for future meetings.Mayor Ford requested that they be circulated through email. ADJOURNMENT There being no further business,the meeting adjourned at 7:20 pm. Date Approved Board Member Review Committee (BMRC) March 26,2026 Page 6 of 6 Attest: Agenda Item #7.A. 13 Apr 2026 Page 27 of 122 Page 28 of 122 III I I . I I ..I '-II‘I.n I.II I I .I I I ll . 'II .I .I I I.I I I:.. O ''I I' ‘l I II I '‘I ='— 'I I l I I I I '..I I.II I II . I I I V II I II '-I I ‘II'II I I .‘l 'I‘[I I 'I I u I t ==II I .. II I II 1 II I II ' -I (II .. -III II. I I I _I p .I u I:I I1 -II ' I I I I 'I‘I I ‘''I 'I II I I ''I I I. II CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.26-48 (Interlocal Agreement for Potable Water Fire Protection Service at 500 Atlantic Boulevard) SUBMITTED BY:Kevin Hogencamp,Interim City Manager,on behalf of the City Commission «03¢ TODAY’S DATE:April 1,2026 MEETING DATE:April 13,2026 BACKGROUND:The developer of the property at 500 Atlantic Boulevard in Neptune Beach (the "Redevelopment Property“)is planning a signi?cant redevelopment project.Initial infrastructural reviews indicate that the City of Neptune Beach is currently unable to provide water service suf?cient to meet ?re ?ow test standards for the site. To facilitate the project and ensure public safety,the City of Atlantic Beach is considering providing potable water service for ?re protection purposes only.This agreement (Exhibit 1) involves the construction of a “Fire Line Extension Project,”which includes a connection to the City’s existing 12—inchwater main on Sherry Drive and an extension under Atlantic Boulevard. KEY PROVISIONS OF THE AGREEMENT o Cost Responsibility:The Developer is solely responsible for all costs related to design, permitting,and construction..Infrastructure Ownership:Upon completion,inspection,and the provision of a maintenance bond,Atlantic Beach will assume ownership and maintenance of the line up to the water meter at the property boundary..Usage Restrictions:Under no circumstances shall this connection be used for domestic or irrigation purposes without a separate utility service agreement and payment of applicable fees. 0 Temporary Nature:The Developer must terminate service from Atlantic Beach and switch to Neptune Beach’s system once Neptune Beach is capable of providing adequate ?re ?ow..Indemni?cation:The Developer must defend and hold the City of Atlantic Beach harmless against all claims arising from the project. BUDGET IMPACT There is no direct cost to the City of Atlantic Beach.The Developer is responsible for all construction costs,and any future maintenance will be supported by a maintenance bond and monthly base rates paid by the Developer. Agenda Item #8.A. 13 Apr 2026 Page 29 of 122 STAFF RECOMMENDATION While this is a City Commission policy decision,staff does not object to the execution of this Interlocal Agreement to provide essential ?re safety infrastructure While ensuring no ?nancial burden is placed on the residents of Atlantic Beach. PUBLIC OUTREACH 0 Website 0 eNewsletter 0 News Release ATTACHMENT 1.Resolution No.26-48 2.Exhibit 1 (Interlocal Agreement) REVIEWED BY CITY MANAGER: Agenda Item #8.A. 13 Apr 2026 Page 30 of 122 RESOLUTION NO.26-48 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF ATLANTIC BEACH AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH,THE CITY OF NEPTUNE BEACH,AND TBR NEPTUNE OWNER,LLC,FOR THE PROVISION OF POTABLE WATER FIRE PROTECTION SERVICES;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,TBR Neptune Owner,LLC (“Developer”)is redeveloping the property at 500 Atlantic Boulevard in Neptune Beach;and WHEREAS,the City of Neptune Beach is currently unable to provide the necessary water ?ow required for ?re protection standards for said redevelopment;and WHEREAS,the City of Atlantic Beach has the capacity to provide such ?re protection service via a connection to its existing utility system;and WHEREAS,the Developer has agreed to bear all costs for the design,permitting,and construction of the Fire Line Extension Project and to indemnify the City of Atlantic Beach;and WHEREAS,it is in the best interest of the City of Atlantic Beach to cooperate in providing essential public safety services through an Interlocal Agreement. 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 Mayor or City Manager to execute the Interlocal Agreement between TBR Neptune Owner,LLC,the City of Neptune Beach,and the City of Atlantic Beach,which is attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13th day of April 2026. Attest: Curtis Ford,Mayor Donna L.Bartle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Agenda Item #8.A. 13 Apr 2026 Page 31 of 122 Prepared by and Return to: Richard W.Hawthorne,Esq. Driver,McAfee,Hawthorne &Diebenow,PLLC One Independent Drive,Suite 1200 Jacksonville,FL 32202 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (“Agreement”)is made pursuant to Florida Statute 163 between and among TBR NEPTUNE OWNER,LLC,a Delaware limited liability company (the “Developer”or “Owner”),THE CITY OF NEPTUNE BEACH,a municipal corporation (“Neptune Beach”),and THE CITY OF ATLANTIC BEACH,a municipal corporation (“Atlantic Beach”)this day of 2026,to evidence the following agreements and understandings: WHEREAS,the Developer is the OWner of the certain real property located at 500 Atlantic Boulevard in the City of Neptune Beach,Florida (the “RedevelopmentProperty”); WHEREAS,the Developer is planning for redevelopment of the Redevelopment Property and intends,subject to obtaining all required permits and approvals,to redevelop the Redevelopment Property pursuant to a future development plan (“Redevelopment Project”); WHEREAS,the execution of this Agreement does not authorize development rights as to any party,vest utilities rights in any party other than as expressly provided in this Agreement, or in any other way operate as a guarantee of authorization as to the Redevelopment Project; WHEREAS,Neptune Beach is and will be unable to provide water service suf?cient to meet ?re flow test standards for ?re protection approval to the Redevelopment Property upon the completion of the redevelopment by the Developer; WHEREAS,Atlantic Beach has agreed to provide ?re protection water services to the Redevelopment Property upon the terms and conditions hereinafter set forth. NOW,THEREFORE,in consideration of the mutual covenants and agreements set forth herein,the parties hereto hereby agree as follows: 1.Fire Line Extension Pro'ect. (a)Atlantic Beach Tie-In.The parties agree that in the event the Developer desires to receive ?re protection water services for its Redevelopment Project from Atlantic Beach,then the Developer,at the Developer’s sole cost and expense,shall design,permit and construct:(i) a connection to the existing twelve (12”)inch watermain located in the right of way of Sherry Drive and an extension of a watermain anticipated to be either 8”or 10”(subject to all applicable permitting)under the Atlantic Boulevard right of way,and (ii)the back ?ow preventer,valves and any meter shown on the plans (collectively,the “Fire Line Extension Project”)which are 66368599 v2 Exhibit 1 Agenda Item #8.A. 13 Apr 2026 Page 32 of 122 Exhibit 1 generally depicted on the plans attached hereto as Exhibit A (as the same may be modi?ed with the prior written approval of Atlantic Beach). (b)Water-Su ression S stem.By its design and implementation,the Fire Line Extension Project includes both a water main extension and a tie-in to Neptune Beach,with a connection to a dedicated fire-line serving the Redevelopment Property.As such,the Fire Line Extension Project will consist of a water line from Atlantic Beach under Atlantic Boulevard that will tie-in to Neptune Beach’s existing water system and be valved-off so as to serve as an emergency water source for either city.Notwithstanding and for purposes of clarity,the portion of the Fire Line Extension Project that is considered the water-suppression /dedicated ?re protection line is the part of the line that connects into the line with a valve and back?ow. Accordingly,under no circumstances shall the Fire Line Extension Project,the ?re-line or any portion of the Atlantic Beach water system connected thereto be used to provide domestic, irrigation,or any other potable or non—potablewater service to the Redevelopment Property unless and until,at Atlantic Beach’s sole discretion,the Developer:(i)enters into a separate utility service agreement with Atlantic Beach,and (ii)pays all applicable capacity fees,impact fees,meter charges,and monthly rates then in effect. (0)Local Government A rovals and Basements.Atlantic Beach and Neptune Beach agree to grant the Developer such temporary easements,permits and approvals as are necessary and reasonably requested by Developer (to the extent such easements,permits or approvals are within each of their jurisdiction and control)for the purpose of allowing the Developer to conduct work under Atlantic Boulevard and complete the Fire Line Extension Project.Likewise,the Developer shall grant to Atlantic Beach and Neptune Beach and Neptune Beach agrees to grant to Atlantic Beach any easements necessary on the Redevelopment Property or right of way owned by Neptune Beach,as applicable,for accessing,maintaining and or repairing any of its utilities lines,systems and equipment.Permits requested pursuant to drawings consistent in scope and size of improvements with those shown on Exhibit A which are certi?ed by a Florida licensed civil engineer shall be deemed to be reasonably requested,subject to Atlantic Beach's review for compliance with its utility standards and public safety requirements.Such easements and permits shall be in a recordable form satisfactory to Atlantic Beach and Neptune Beach (to the extent applicable in each case)shall be recorded by Developer at its expense in the of?cial public records of Duval County prior to commencement of construction.The Developer speci?cally acknowledges and agrees that the permitting and approvals related to the Fire Line Extension Project (whether in its initial construction and implementation or subsequen tmaintenanceandrepair)will also require permits and approvals from other State agencies which have jurisdiction over this area of Atlantic Boulevard including but not limited to the Florida Department of Transportation (“FDOT”)and the Florida Department of Environmental Protection (“FDEP”).Accordingly,Developer shall be solely responsible for the diligent pursuit of such permits and approvals at its sole cost and expense. (d)Ownershi and Maintenance.Developer shall be responsible for submitting all reasonable and customary documentation required by Atlantic Beach for acceptance of the Fire Line Extension Project.Developer will cause the construction warranty provided in the applicable construction contract to be assigned to Atlantic Beach or granted directly to Atlantic Beach as provided in this subsection (d).Pursuant to Atlantic Beach ordinance code,including but not limited Section 24-233,Code of Ordinances,Atlantic Beach’s acceptance of maintenance of any public improvements,including the Fire Line Extension Project,shall be contingent upon Agenda Item #8.A. 13 Apr 2026 Page 33 of 122 Exhibit 1 Developer providing a maintenance bond in the amount of one hundred (100)percent of the construction cost of the improvements.Such bond shall provide that Atlantic Beach shall be indemni?ed if the Developer does not replace or repair any public improvements,which are defective in materials or workmanship or which were not constructed in compliance with the approved construction plans.The terms of the maintenance bond shall expire one (1)year after completionof the Fire Line Extension Project,unless Atlantic Beach serves written notice to the Developer that the improvements are defective in material or workmanship or were not constructed in compliance with the approved construction plans within the one (1)year.Upon receiving this documentation including the receipt of warranty and issuance of a maintenance bond,and con?rming installation in accordance with the approved plans and permits in all material respects,Atlantic Beach,shall issue a utility acceptance letter and take on ownership, operation and maintenance authority of the Fire Line Extension Project which shall then become a part of Atlantic Beach’s system.Upon completion and acceptance by Atlantic Beach,the portion of the Fire Line Extension Project prior to the point that it becomes a private line —up to and including the water meter at the Redevelopment Property boundary —shall be owned and maintained by the City of Atlantic Beach.The portion that is within the Redevelopment Property from the point that it becomes a private line shall be owned and maintained by Developer. 2.Pa ment of Water Service Char es. (a)Developer shall pay to Atlantic Beach the required water tap and meter installation charges and all application connection fee and water usage and impact fees for the Fire Line Extension Project as set forth in Atlantic Beach’s Code of Ordinances,including but not limited to those fees as set forth in Chapter 22 (Utilities).Such fees shall be calculated and paid in accordance with Atlantic Beach's then-current ordinances and rate schedules. (b)The Fire Line Extension Project will be installed in such a manner so as to allow Developer to terminate the ?ow of water from the Atlantic Beach water system at such time as Neptune Beach commences providing the water service suf?cient to provide the ?re system ?ows required for ?re protection to the Redevelopment Property for the Redevelopment Project. The Developer shall be required to terminate the flow (by valving off or other means)the ?ow of water for the ?re suppression system of the Redevelopment Property from the Atlantic Beach water system immediately upon Neptune Beach’s commencement of providing water service to the Redevelopment Property suf?cient to provide the ?re system ?ows required for ?re protection at the Redevelopment Property for the Redevelopment Project.As part of the switch to Neptune Beach’s commencement of providing water service for ?re suppression to the Redevelopment Property,Neptune Beach shall physically disconnect the ?re main at the valve closest to the interconnection and install the necessary improvements,including but not limited to a blind ?ange,so that no cross—connectionof any sort occurs.Developer’s obligation to switch water service for ?re suppression to the Redevelopment Property from the Fire Line Extension Project to new service provided by Neptune Beach shall be conditioned on Neptune Beach paying all hard and soft costs related to any new connection or extension of lines and other facilities (including,without limitation,back?ow preventer and metering)for Neptune Beach water service for the ?re suppression system of the Redevelopment Property. (0)Since the Fire Line Extension Project will provide a connection to a dedicated ?re line and not general water service,Atlantic Beach shall charge and the Developer shall promptly pay,a monthly base rate for the ?re system ?ows to the Redevelopment Property, 3 Agenda Item #8.A. 13 Apr 2026 Page 34 of 122 Exhibit 1 according to Atlantic Beach’s approved rates for such water volumes and services,in accordance with the ordinances of Atlantic Beach (which may be changed from time to time).At such time as the Redevelopment Property is tied into the water system for Neptune Beach for ?re system ?ows,water service charges shall be based upon the then current water service rates in accordance with the then existing ordinances of Neptune Beach. (d)Notwithstanding anything contained herein to the contrary,any water from the Atlantic Beach utility system used for any other purpose for the Redevelopment Property (including but not limited to construction,domestic,or irrigation use)shall be charged at 150% of Atlantic Beach’s then-current highest-tier rate until the unauthorized use is corrected and all applicable fees are paid. (e)Atlantic Beach’s obligation to provide ?re-?ow water service pursuant to this Agreement shall automatically terminate on the earlier of:(i)the date Neptune Beach commences providing adequate ?re ?ow to the Redevelopment Property in accordance with the terms of this Agreement,or (ii)the date the Developer executes a utility service agreement with Atlantic Beach for general water service,subject to the consent of the City of Neptune Beach. Upon such termination pursuant to (i)above,Atlantic Beach may,at its sole option and upon 30 days’written notice,physically disconnect or lock the ?re line at the point of connection to the Atlantic Beach system,at the sole cost of Neptune Beach. 3.Installation and Maintenance of S stem. All plans and speci?cations for the installation of the Fire Line Extension Project shall be subject to all required permits and approvals from FDEP and FDOT,in addition to Atlantic Beach and Neptune Beach.Upon completion of the installation of the Fire Line Extension Project and written acceptance by Atlantic Beach,all components shall be owned and maintained in accordance with Section 1(d)herein.The Developer shall execute and record a maintenance covenant in form satisfactory to Atlantic Beach requiring annual testing and certi?cation of the reduced-pressure—zone(RPZ)back?ow preventer at owner’s expense by a licensed tester,with copies provided to Atlantic Beach. 4.Conditions and Re uirements. (a)Developer’s obligation under this Section consist of all costs for design, permitting,construction,installation,inspection,and testing of the Fire Line Extension Project solely as required for the Redevelopment Project in accordance with this Agreement and with Atlantic Beach requirements,and in accordance with the requirements of other applicable permitting authorities. (b)Developer shall connect the Fire Line Extension Project to the existing Atlantic Beach system at connection point or points approved by Atlantic Beach which the parties anticipate will be generally as depicted on Exhibit A. (c)Developer shall be responsible also for all costs of design,permitting,and construction of on-site improvements within the Redevelopment Project,including but not limited to design,material,permitting,and installation of suf?ciently sized lines and other Agenda Item #8.A. 13 Apr 2026 Page 35 of 122 Exhibit 1 appurtenances necessary to allow Atlantic Beach to serve the Redevelopment Project with ?re line water service in accordance with this Agreement. ((1)This Agreement and the easements granted herein shall be appurtenant to and run with the fee title to the lands herein described,and shall be for the bene?t of,and binding upon,the parties and their respective successors and assigns.Developer and its successors and assigns shall be bound by this Agreement and all of the provisions herein shall run with the land. (e)Developer may elect to assign,transfer or convey its rights and obligations under this Agreement in whole or in part to a successor developer of all or any portion of the Redevelopment Property or a property owners association,which entities shall assume Developer’s rights and obligations under this Agreement as the assigned rights and obligations to the extent arising from and after the date of the assignment.Developer shall provide (i) Atlantic Beach with prior written notice of any such assignment and copies of the form of assignment evidencing the assignment and assumption contemplated herein in a form acceptable to Atlantic Beach,in its respective discretion,and (ii)Neptune Beach with prompt written notice of the assignment. (1)Developer shall have no obligation to complete the Fire Line Extension Project prior to issuance of a certi?cate of occupancy for the improvements constructed pursuant to the ?rst building permit for the Redevelopment Project issued by the City of Neptune Beach. (g)Indemni?cation.To the fullest extent permitted by law,Developer shall defend (with counsel reasonably acceptable to Atlantic Beach ),indemnify,and hold harmless the City of Atlantic Beach and its elected and appointed of?cials,of?cers,employees,agents,volunteers, and representatives (collectively,the “Atlantic Beach Indemnitees”)from and against any and all claims,demands,causes of action,suits,damages,losses,liabilities,obligations,?nes, penalties,judgments,costs,and expenses of any kind or nature whatsoever (including,but not limited to,reasonable attorneys’fees,paralegal fees,expert witness fees,court costs,and mediation or arbitration expenses incurred through all trial,appellate,and post-judgment proceedings)(collectively,“Claims”),whether actual or alleged,to the extent arising out of, resulting from,or in any way connected with:(i)the installation of a Fireline Extension Project pursuant to plans that were not approved by Atlantic Beach;(ii)the construction,permitting, operation,maintenance,repair,replacement or use of the Fire Line Extension Project or any on- site ?re protection facilities by Developer,(iii)any contamination,back?ow,pressure surge, water quality degradation,or cross-connection introduced into the Atlantic Beach water system from the Redevelopment Property or the Fire Line Extension Project;(iv)any Violation of federal,state,or local laws,regulations,or permits related to the Fire Line Extension Project,(v) damage to the Fire Line Extension Project caused by the negligence or willful misconduct of Developer,its employees,contractors or agents,or (vi)breach of this Agreement by Developer. This indemni?cation shall survive termination or expiration of this Agreement and shall continue in full force and effect as to any Claims arising from events occurring prior to such termination or expiration.Notwithstanding the foregoing,Developer’s indemni?cation item (i),(ii)and (iii) listed above shall terminate one (1)year after completion of the Fire Line Extension Project. Nothing herein shall be construed as a waiver of the City of Atlantic Beach’s sovereign immunity under §768.28,Florida Statutes,or any other applicable law. Agenda Item #8.A. 13 Apr 2026 Page 36 of 122 m‘ Exhibit 1 (h)Insurance.Prior to commencement of any construction activities and continuing uninterrupted through the course of construction,until Atlantic Beach’s ?nal acceptance of the Fire Line Extension Project,Developer shall obtain,or cause its general contractor to obtain and maintain,at its sole cost,the following insurance from insurers authorized to do business in Florida and rated A-VIII or better by AM.Best: (1)Commercial General Liability (occurrence form)with limits of not less than $2,000,000 per occurrence and $4,000,000 general aggregate (aggregate to apply separately to this Project).Coverage shall include premises- operations,products/completed operations,contractual liability,and personal/advertising injury. (2)Business Automobile Liability covering owned,non-owned,and hired vehicles with a combined single limit of not less than $1,000,000 per accident. (3)Workers’Compensation and Employers”Liability in compliance with Florida statutory limits;Employers’Liability limits of $1,000,000 each accident/disease/policy limit. Additional Insured Status.The City of Atlantic Beach shall be named as an additional insured on all policies except Workers’Compensation and Pollution Liability using ISO forms CG 20 10 and CG 20 37 (or equivalent broader forms)for both ongoing and completed operations.The coverage afforded to Atlantic Beach as an additional insured shall be primary and non-contributory with respect to any insurance or self-insurance maintained by Atlantic Beach. Waiver of Subro ation.Owner and Developer waive,and shall require their insurers to waive,all rights of subrogation against the City of Atlantic Beach Certi?cates and Notice.Certi?cates of insurance and copies of all additional-insured endorsements shall be delivered to Atlantic Beach prior to commencement of construction and annually thereafter.All policies shall contain provisions requiring the insurer to provide Atlantic Beach at least thirty (30)days’prior written notice of cancellation,non-renewal,or material reduction in coverage.Failure to maintain required insurance shall constitute an immediate Event of Default permitting Atlantic Beach to suspend or disconnect water service without further notice. (i)Back?ow Prevention and Cross-Connection Control.The ?re line shall be protected by a reduced-pressure-zone (RPZ)assembly or air gap approved by Atlantic Beach. The Developer shall be solely responsible for annual testing,maintenance,and repair of the assembly and shall comply at all times with Atlantic Beach’s cross-connection control ordinance. (i)No Third-Pa Bene?ciaries No Additional Connections.Nothing in this Agreement shall be construed to confer water service rights on any person or entity other than the owner of the Redevelopment Property,its successors or assigns,as of the date of this Agreement.No additional taps,connections,or extensions from the Fire Line Extension Project Agenda Item #8.A. 13 Apr 2026 Page 37 of 122 Attn: Email: shall be permitted without the express written consent of Atlantic Beach and payment of all applicable fees. (k)Recordation.This Agreement and any easements granted hereunder shall be recorded by the Developer at its expense in the Public Records of Duval County,Florida within ten (10)days of the effective date of each said agreement or instrument. (1)Waiver of Restrictions under Fl.Stat.252.422.Developer hereby af?rms and agrees to the application and conditional approval of site plans,development permits,or development orders which may be provided by the City of Neptune Beach for the Fire Line Extension Project,and which may be considered otherwise restrictive or burdensome pursuant to F1.Stat.252.422. 5.Notices.Any notice,demand or request which may be permitted,required, or desired to be given in connection therewith shall be given in writing by personal delivery, overnight mail or e-mail and directed to Developer,Neptune Beach or Atlantic Beach as follows: Developer:TBR Neptune Owner,LLC With a copy to its Driver,McAfee,Hawthorne &Diebenow attorneys:PLLC One Independent Drive,Suite 1200 Jacksonville,Florida 32233 Attn:Steve Diebenow,Esq. E-mailzsdiebenow@drivermcafee.com Neptune Beach:City of Neptune Beach 116 First Street, Neptune Beach,Florida 32266 Attn:Heather Whitmore,Community Development Director Email:cdd@nb?.us Exhibit 1 Agenda Item #8.A. 13 Apr 2026 Page 38 of 122 Exhibit 1 With a copy to Vose Law Firm,LLP its attorneys:324 W.Morse Boulevard Winter Park,Florida 32789 Attn:Paul Waters,Esq. Email:paul@voselaw.com Atlantic Beach:City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 Attn:City Manager Email:kHogencamp@coab.us With a copy to Burr &Forman,LLP its attorneys:50 N.Laura Street,Suite 3000 Jacksonville,Florida 32202 Attn:Jason Gabriel,Esq. Email:j gabriel@burr.com Notices shall be deemed properly delivered and received (i)the same day when personally delivered;or (ii)one day after deposit for next day delivery with Federal Express,United Parcel Service or other commercial overnight courier operating in the jurisdiction of the Project;or (iii) the same day when sent by e-mail with a copy sent for next day delivery by Federal Express, United Parcel Service or other commercial overnight courier operating in Duval County,Florida. 6.Events of Default and Remedies. (a)Events of Default.Each of the following shall constitute an “Event of Default” by Developer or Owner (and their respective successors and assigns)under this Agreement: (i)Failure to maintain the insurance required hereunder or to name Atlantic Beach as an additional insured and provide certi?cates of insurance upon request; (ii)Any additional tap,connection,or extension from the Fire Line Extension Project made by or at the direction of Developer without Atlantic Beach’s prior written consent; (iii)Failure to pay any charges assessed by Atlantic Beach for unauthorized water usage, testing overages,or damage to Atlantic Beach’s system within thirty (30)days of invoice; (iv)Any material breach of the terms,covenants,or conditions of this Agreement by Developer that remains uncured for more than thirty (30)days after written notice from Atlantic Beach (b)Remedies of Atlantic Beach.Upon the occurrence of any Event of Default, Atlantic Beach shall have the right (in addition to and cumulative of all other rights and remedies Agenda Item #8.A. 13 Apr 2026 Page 39 of 122 Exhibit 1 available at law or in equity)to exercise any one or more of the following remedies without further notice or opportunity to cure except as expressly set forth above: (i)Physically disconnect any additional connections or extensions of the water service through the Fire Line Extension Project (including,without limitation,locking,removing,or capping the connection at the point of tie-in to Atlantic Beach’s water main)in violation of Section 6(a)(ii)of this Agreement at the sole cost and expense of Owner; (ii)Assess and collect from Owner charges for all water used for non—?re— suppressionpurposesatonehundred?fty percent (150%)of Atlantic Beach’s then-current highest-tier commercial rate,plus any administrative fees,attorneys’fees,and costs of collection; (iii)Pursue speci?c performance,injunctive relief,or any other equitable remedy to compel compliance with this Agreement;and/or (iv)Recover from Developer/Owner all actual damages,costs,expenses,and reasonable attorneys’and paralegal fees incurred by Atlantic Beach as a result of the Event of Default; provided,however,that notwithstanding anything contained in this Agreement,Atlantic Beach shall not be entitled to recover,and hereby waives any other indirect,consequential,punitive, exemplary,extra-contractual,speculative or other such damages. (c)No Waiver'Cumulative Remedies.No delay or omission by Atlantic Beach or Neptune Beach in exercising any right or remedy shall operate as a waiver thereof,and a single or partial exercise of any right or remedy shall not preclude any further or other exercise thereof or the exercise of any other right or remedy.All remedies are cumulative and not exclusive. (d)Costs of Enforcement.In any action to enforce this Agreement or remedy an Event of Default,the prevailing party shall be entitled to recover its reasonable attorneys’fees, paralegal fees,expert fees,and costs through all trial and appellate levels. (e)If any Event of Default under the terms of the Agreement shall occur,then and in any such event,the Atlantic Beach shall,give written notice of such default(s)(“Notice of Default”)to Developer’s lender at its address as noticed to Atlantic Beach by certi?ed mail, return receipt requested pursuant to Section 5 hereof,specifying the event of default and the methods of cure,or declaring that an event of default is incurable.During the period of thirty (30)days commencing upon the date the Notice of Default was given to Developer’s lender, Developer’s lender may cure any Event of Default.Notwithstanding the foregoing,in the event the Developer has not provided written notice to the Atlantic Beach by certi?ed mail,return receipt requested pursuant to Section 5 of the name,address and contact information of Developer’s lender,Atlantic Beach shall not have any obligation to provide a Notice of Default to Developer’s lender. 7.Re resentations.The undersigned individual executing this Agreement on behalf of Developer represents and warrants to Atlantic Beach and Neptune Beach that:(i)Developer is a duly organized and validly existing limited liability company under the laws of the State of Delaware;(ii)Developer has full power and authority under its governing documents and applicable law to enter into this Agreement and to perform all of its obligations hereunder;and Agenda Item #8.A. 13 Apr 2026 Page 40 of 122 lY (iii)the execution,delivery,and performance of this Agreement have been duly authorized by all necessary action on the part of Developer,and this Agreement constitutes a valid and binding obligation of Developer,enforceable against Developer in accordance with its terms. 8.Govemin LaW'Venue‘Jurisdiction'Soverei n Immuni This Agreement and all matters arising out of or relating to this Agreement,including but not limited to its validity,interpretation,performance,breach,enforcement,and remedies,shall be governed by,construed,and enforced in accordance with the laws of the State of Florida,without regard to its principles or rules of con?icts of law. Any action,suit,or proceeding arising out of or relating to this Agreement shall be brought exclusively in a court of competent jurisdiction located in Duval County,Florida.Each party hereto irrevocably submits to the exclusive jurisdiction and venue of such courts and waives any objection to the laying of venue therein based on forum non conveniens or any other grounds. Nothing in this Agreement shall be construed as a waiver of sovereign immunity or the limitations on liability set forth in Section 768.28,Florida Statutes,or any other applicable law, to the extent such waiver is prohibited by law.Each municipal party retains all immunities and defenses available under Florida law. 9.Public Records Compliance.This Agreement is subject to the public records compliance requirements of Chapter 119,Florida Statutes.Developer agrees to indemnify and hold the Cities harmless against any and all claims,damage awards,and causes of action arising from the developer’s failure to comply with the public records disclosure requirements of Section ll9.07(l),Florida Statutes,or by developer’s failure to maintain public records that are exempt or con?dential and exempt from the public records disclosure requirements,including,but not limited to,any third party claims or awards for attorneys’fees and costs arising therefrom. {Signatures on the following pages} 10 Exhibit 1 Agenda Item #8.A. 13 Apr 2026 Page 41 of 122 IN WITNESS WHEREOF,the parties hereto have executed this Interlocal Agreement as of the date and year ?rst above written. “DEVELOPER” TBR NEPTUNE OWNER,LLC,a Signature of Witness 1 Delaware limited liability company Signature of Witness 2 Print Name of Witness 2 State of FLORIDA County of DUVAL The foregoing instrument was acknowledged before me by means of (X)physical presence or ()online notarization,this day of ,2026 by the of TBR NEPTUNE OWNER,LLC,a Delaware limited liability company,on behalf of the company,who ()is personally known to me or who ()has produce dasidenti?cation. (SEAL)Notary Public My Commission Expires: Mailing Address of Witness 2 Print Name of Witness By: Print Name: Its: Mailing Address of Witness Exhibit 1 Agenda Item #8.A. 13 Apr 2026 Page 42 of 122 THE CITY OF NEPTUNE BEACH,a Signature of Witness 1 Municipal corporation By: Cori Bylund,Mayor IN WITNESS WHEREOF,the parties hereto have executed this Interlocal Agreement as of the date and year ?rst above written. “NEPTUNE BEACH” Signature of Witness 2 Print Name of Witness 2 ,City Clerk State of FLORIDA County of DUVAL The foregoing instrument was acknowledged before me by means of (X)physical presence or ()online notarization,this _day of ,2026 by Cori Bylund,the Mayor of THE CITY OF NEPTUNE BEACH,a Municipal corporation,and , the City Clerk,on behalf of the corporation,who ()are personally known to me or who ()have produced as identi?cation. (SEAL)Notary Public My Commission Expires: 12 Mailing Address of Witness 2 Print Name of Witness Mailing Address of Witness 1 ATTEST: Exhibit 1 Agenda Item #8.A. 13 Apr 2026 Page 43 of 122 THE CITY OF ATLANTIC BEACH,a Signature of Witness 1 Municipal corporation By: Curtis Ford,Mayor IN WITNESS WHEREOF,the parties hereto have executed this Interlocal Agreement as of the date and year ?rst above written. “ATLANTIC BEACH” Signature of Witness 2 Print Name of Witness 2 Donna Bartle,City Clerk State of FLORIDA County of DUVAL The foregoing instrument was acknowledged before me by means of (X)physical presence or ()online notarization,this __day of ,2026 by Curtis Ford,the Mayor of THE CITY OF ATLANTICBEACH,a Municipal corporation,and Donna Bartle,the City Clerk,on behalf of the corporation,who ()are personally known to me or who ()have produced as identi?cation. (SEAL)Notary Public My Commission Expires: 13 Mailing Address of Witness 2 Print Name of Witness Mailing Address of Witness 1 ATTEST: Exhibit Agenda Item #8.A. 13 Apr 2026 Page 44 of 122 Jason Gabriel, City Attorney for Atlantic Beach Paul Waters, City Attorney for Neptune Beach This Interlocal Agreement is approved by the undersigned as to correctness and form. 14 Exhibit 1 Agenda Item #8.A. 13 Apr 2026 Page 45 of 122 Page 46 of 122 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.26-58 authorizing the submittal of the T-Mobil Hometown Grant Program application for an opportunity to secure funding that will directly enhance community support,in?'astructure,and enhance the overall quality of life for Atlantic Beach residents. SUBMITTED BY:Amanda L.Askew,Neighborhoods Department Director TODAY’S DATE:April 3,2026 MEETING DATE:April 13,2026 BACKGROUND:The City of Atlantic Beach routinely submits grant applications for community improvements.The T-Mobile Application requests a resolution from the eligible applicant’s leadership approving the proposal and authorizing the applicant to execute agreements and documents with the grant request as part of the proposal. Staff has applied for new playground equipment at Beaches Veterans Memorial Park. If the City is awarded the T-Mobil Hometown Grant resulting ?‘om a submitted application,an additional resolution will be required to authorize the Mayor or City Manager to execute the grant agreement. BUDGET:If successful,this project will need to be included in the Fiscal Year 26-27 budget RECOMMENDATION:Adopt Resolution No.26-58 ATTACHMENT(S):Resolution No.26-58 REVIEWED BY CITY MANAGER: Agenda Item #8.B. 13 Apr 2026 Page 47 of 122 Attest: Donna L.Bartle,City Clerk Approve as to form and correctness: Curtis Ford,Mayor RESOLUTION NO.26-58 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE SUBMITTAL OF A 2026 T- MOBILE HOMETOWN GRANT APPLICATION UPON EXECUTION BY THE MAYOR OR CITY MANAGER;AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE AGREElVIENTS AND DOCUlVIENTS ON BEHALF OF THE CITY OF ATLANTIC BEACH;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Atlantic Beach applies for grants of various types;and WHEREAS,the City Commission of the City of Atlantic Beach may delegate the authority to sign grant applications;and WHEREAS,when the City is selected for funding,the City must execute a grant agreement, and only then are grant requirements binding;and WHEREAS,the T-Mobile Hometown Grants program provides funding and resources to support community-driven projects that enhance public spaces,improve quality of life,and promote economic and social vitality in small towns and rural communities;and WHEREAS,the City of Atlantic Beach is eligible to apply for grants under the T-Mobile Hometown Grants program and,if awarded,receive grant funding for eligible community improvement projects. NOW THEREFORE,be it resolved that the City Commission of the City of Atlantic Beach authorizes: SECTION 1.The submittal of a 2026 T-Mobile Hometown Grant Program application upon execution by the Mayor or City Manager. SECTION 2.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 13thday oprril 2026. Jason Gabriel,City Attorney Agenda Item #8.B. 13 Apr 2026 Page 48 of 122 m I I n I I I . I “II 'I.I ‘-_ a I II _ ~II I I. 'l IHI .I I .I:I I .-I I -1‘-$ I .III II I IvII I I II ' I ‘' II I = ..I .I..I .I .I I I. I I ''II ' I. I -II II-II III ‘-U . 1 :I i I I I |l I I --II I ‘ I III ‘4 III I n I"J _ ' I I |I I -I I I II II -II -- |I II I I 'I I : ‘l I I I II . E ,II I II I n I I ;..III I.I I I. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance No.90—26—259and Public Hearing Approving a development agreement between the City and Southcoast Capital Partnership,LTD for 299 Atlantic Blvd.and 0 Ahem for the former Ragtime lease space. SUBMITTED BY:Amanda L.Askew,AICP,Neighborhoods Department Director,AICP TODAY’S DATE:April 2,2026 MEETING DATE:April 13,2026 BACKGROUND:Development Agreements are authorized under the Florida Local Government Development Agreement Act,codi?ed at Florida Statutes §l63.3220—163.3243.Pursuant to Florida Statutes §163.3220,the Legislature found that development agreements are intended “to strengthen the public planning process,encourage private participation in comprehensive planning,and reduce the economic costs of developmen .” A Development Agreement is a contract entered into between the City and a developer that expressly de?nes the rules,regulations,commitments,and policies governing a speci?c development project for a de?ned period of time.Through this agreement,the parties establish the permitted development, applicable standards,and infrastructure responsibilities associated with large or complex projects. Consistent with Florida Statutes §163.3220,the purpose of a Development Agreement is to strengthen the public planning process by encouraging private participation in achieving comprehensive planning goals and by reducing the economic costs associated with development.By clearly de?ning development obligations and expectations in advance,a Development Agreement also helps reduce the City’s risks associated with long-term or phased development projects. The south end of the existing building (former Ragtime Restaurant)is being redeveloped to include signi?cant interior remodeling and adding roof top dining space as a result the project triggered Section 24-176 (3)“When the total cost of alteration,expansion,or renovation of a non-residential or multi- family development is equal to or exceeds twenty ?ve (25)percent of the current assessed value of the parcel improvements within a two (2)year time frame...”The code requires a landscape buffer between the building and the street,landscaping buffer between the parking spaces and the street and additional internal parking lot landscape island. The proposed use (restaurant)of the property is consistent with the Comprehensive Plan’s Future Land Use designation of Central Business District and the property’s zoning designation as Central Business District. The existing property was developed with zero setbacks along the Atlantic Boulevard and Ocean Boulevard making it impracticable to install the required landscaping between the building and the street; installing or enhancing landscaping at the property located at O Ahem (parking lot)would signi?cantly reduce the number of available parking spaces. Agenda Item #9.A. 13 Apr 2026 Page 49 of 122 L‘L,rs'W-v'f’m In Restaurant 299 Allantic Blvd stipulated in this Agreement.The Agreement authorizes the Developer.in lieu of constructing the .—n n I».4' V_/....‘._. The parties recognize the benefits of public/private cooperation and are desirous of finalizing a development agreement that outlines a plan for landscaping and the redevelopment of the as The developer has estimated that the cost to install the required landscaping would be $162,595.00,and staff concurs with this estimate.The proposed Development Agreement provides that,in lieu of installing the required landscaping on site,the developer would contribute this amount to the City.Specifically,the agreement states that the funds shall be “deposited into the City’s Beaches Town Center Fund,Tree Fund, or another designated City account and used exclusively for off-site landscaping or environmental enhancements within the Beaches Town Center area of the City.”The agreement further provides that payment of this amount must be made prior to the issuance of a Certificate of Occupancy required landscaping improvements.to provide a monetan contribution to a designated fund he used exclusively for enhancement projects within the Beaches Town Center. property, 60 Agenda Item #9.A. 13 Apr 2026 Page 50 of 122 EXI"?)ITI‘IG 2'WATERMETERAl (SEE SHEET C5.l FOR CONNEC RAGTIMEPARKINGARE AREEI725“0050 ACRES 0.23 II‘IIIII (5,. EXISTINGRESTAURANTTO BE RENOVATEDpm—umWmy ) (SEE ARCHITECTURALPLANSFOR BUILDINGDETAIL RAGTIMETAVERNSEAFOODa GRILL RE#;”2531 0000 ACRES 0.1. Staff has reviewed the development proposal by property owner for 299 Atlantic Blvd and O Ahem St. and shall meet and negotiate with the property owner regarding the appropriate development of the property and the terms and conditions on which said property should be developed. The city manager and the property owner have negotiated the terms of a mutually beneficial agreement. Based on the requirements of the Florida Statutes Chapter 163.3220—1633243 and the City’s applicable land development regulations,staff recommends utilizing the following criteria and review procedures for the evaluation and approval of the proposed Development Agreement: SECTION 1 —Findings The city commission ?nds that: o The development agreement is consistent with the city’s comprehensive plan..The project serves a public purpose. 0 The agreement complies with Florida Statutes §§163.3220—163.3243. Section 2 —Approval of Development Agreement 4mm:WW Ens.ESEE Agenda Item #9.A. 13 Apr 2026 Page 51 of 122 The agreement must be recorded in Duval public records. SECTION 5 —Effective Date The city formally approves the agreement between the city and the developer and incorporates it by reference on passage of ordinance after second reading and public hearing. SECTION 3 —Authorization to Execute RECOMMENDATION:Adopt Ordinance No.90—26—259on second read. ATTACHNIENT(S):Ordinance No.90-26-259 Exhibit 1 Landscape Development Agreement REVIEWED BY CITY MANAGER: The mayor is authorized to sign the development agreement after the ordinance is passed. SECTION 4 —Recording The ordinance becomes effective immediately after the passage of the ordinance. NoneBUDGET: Agenda Item #9.A. 13 Apr 2026 Page 52 of 122 I‘" .I III III-I L _'l' I ,:II 1 II I I II |I III II ' z I-A I I I ,— I ‘I‘ I . II II I |_.I.4 I II- I I III I I . I‘I'' -I .I I II “I II. I.I I“I1 _._I V II II I I I I 'I' .L :l I.II..I I I III II I III I..E,I II-I ‘I I a" II .I I I 'I I I‘II I : I III I I;''.II I I _.III II I I I I II 'I II -I I I :' 'I I ;II ' .II II I II n ..I ORDINANCE NO.90-26-259 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL, STATE OF FLORIDA,APPROVING THE DEVELOPNIENT AGREENIENT BETWEEN THE CITY OF ATLANTIC BEACH AND SOUTHCOAST CAPITAL PARTNERSHIP,LTD.AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME TO PROVIDE FOR A DEVELOPMENT CONTRACT TO GOVERN THE REDEVELOPNIENT OF 299 ATLANTIC BOULEVARD PROVIDING LANDSCAPE COlVIPENSATION ALLOWING FOR THE REDEVELOPMENT OF A PORTION OF THE EXISTING BUILDING; PROVIDING FOR CONFLICT;PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Southcoast Capital Partnership,LTD.(“Developer”)is the owner of the property located at 299 Atlantic Blvd and O Ahem Street (RE #172531 0000 and 172531 0050).They are collectively referred to herein as the “Property;”and WHEREAS,the south end of the existing building (former Ragtime Restaurant)is being redeveloped to include significant interior remodeling and adding roof top dining space;and WHEREAS,the Property is governed by the City’s Comprehensive Land Use Plan and the City’s Code of Ordinances (the “City Code”),including the Land Development Code (“LDC”),each as in effect as of the Effective Date of this Agreement;and WHEREAS,the proposed use of the Property is consistent with the Comprehensive Plan’s Future Land Use designation of Central Business District and the Property’s zoning designation as Central Business District. WHEREAS,the Parties recognize the benefits of public/private cooperation and are desirous of finalizing a development agreement that outlines a plan for landscaping and the redevelopment of the Property,as stipulated in this Agreement;and WHEREAS,this Agreement authorizes the Developer,in lieu of constructing the required landscaping improvements,to provide a monetary contribution to a designated fund to be used exclusively for enhancement projects within the Beaches Town Center;and WHEREAS,the existing property was developed with zero setbacks along the adjacent streets, making it impracticable to install the required landscaping between the building and the street;and WHEREAS,installing or enhancing landscaping at the property located at OAhem (parking lot) would significantly reduce the number of available parking spaces. WHEREAS,Developer has sought,negotiated,and received consideration for,and the City has agreed to,this Agreement in order to create a beneficial project and a physical environment that will Ordinance No.90-26-259 Page of 3 Agenda Item #9.A. 13 Apr 2026 Page 53 of 122 I. .II I._., . .I I ., .I'.II. 'I .. II .. I.. I'-. -I I -I I I I -. I |'I >1 I - I “I 'I -II ‘ I I I II I I I I I II I II II I E II II I .I I I I _I I I I.I "1‘ I I I I II I I 'II II 'I II “ I _I .I I .I X I .I I.I I II I I II ,I I I :I 'I II .I -I I 'II -I II II II I I |I II II I -.- I:II .II ,, .I I I II I '-I II II II 'I "‘ ''_I -II '.I 4-.II u I III _II I1 II.III =u _I I .-I II |I I II I II 1 II I . I I I I I.I I I '-I II I I I '"I I I I I I II IIII -I -I I I I I I _'II '.'.I I I.|.-I II I _III conform to and complement the goals of the City,create a development project sensitive to human needs and values,and develop the Property consistent with City,County,and State policies;and WHEREAS,this Agreement (Exhibit 1)is the culmination of negotiations and mutual understandings held by the Parties,and the Parties wish to establish by agreement the terms under which the Property may be developed;and WHEREAS,the City will hold two (2)public hearings prior to entering into this Agreement, both of which were properly noticed by publication in a newspaper of general circulation and readership and by mailed notice to the affected property owners in accordance with Section 163.3225(2),Florida Statutes. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMlVlISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1:Ratification.That the foregoing “WHEREAS”clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this ordinance.All exhibits attached hereto are incorporated herein and made a specific part of this ordinance. SECTION 2:That the 299 Atlantic Boulevard Agreement (“Agreement”)(Exhibit 1)is a development contract entered into between the City Atlantic Beach (“City”)and Southcoast Capital Partnership,LTD (“Developer”),pursuant to the Florida Local Government Development Agreement Act,Sections 163.3220—163.3243,Florida Statutes. SECTION 3:That the Agreement governs the redevelopment of the southern end of the space at 299 Atlantic Boulevard. SECTION 4:That the Agreement establishes a comprehensive and vested framework for redevelopment related to the landscaping.It sets forth the parties’respective rights and responsibilities, provides legal and regulatory certainty,allocates public and private funding responsibilities. SECTION 5:This Agreement (Exhibit 1)authorizes the Developer,in lieu of constructing the required landscaping improvements,to provide a monetary contribution to a designated fund to be used exclusively for enhancement projects within the Beaches Town Center;and the existing property was developed with zero setbacks along the adjacent streets,making it impracticable to install the required landscaping between the building and the street;and,installing or enhancing landscaping at the property located at 0 Ahem (parking lot)would significantly reduce the number of available parking spaces. SECTION 6:The Agreement vests development rights consistent with City codes in effect as of the Effective Date of the Agreement.Pursuant to Section 163.3233,Florida Statutes,the City may not apply subsequently adopted laws to the project unless exceptions apply (e.g.,imminent threats to public health or safety or retroactive State preemption). Ordinance No.90-26-259 Page 2 of 3 Agenda Item #9.A. 13 Apr 2026 Page 54 of 122 SECTION 7:In lieu of installing the required landscaping improvements,the Developer agrees to provide a monetary contribution equal to the value of such landscaping,which funds shall be deposited into a designated account and used solely for enhancement projects within the Beaches Town Center. SECTION 8:That the City Commission hereby approves the Development Agreement between the City of Atlantic Beach and Southcoast Capital Partnership,LTD. SECTION 9:That the Mayor and City Manager,or their designees,are hereby authorized to execute the Development Agreement between the City of Atlantic Beach and Southcoast Capital Partnership,LTD. SECTION 10:Con?icts.That all ordinances or parts of ordinances,all City Code sections or parts of City Code sections,and all resolutions or parts of resolutions in con?ict with this ordinance are hereby repealed to the extent of such con?ict. SECTION 11:Recordation.That a copy of this ordinance,along with the Development Agreement,is to be recorded in the public records of Duval County,Florida. SECTION 12:Severability.That should any section or provision of this ordinance or any portion thereof,any paragraph,sentence,clause or word be declared by a court of competent jurisdiction to be invalid,such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. SECTION 13.Effective Date.This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this 23rd day of March,2026. PASSED by the City Commission on second and final reading this day of , 2026. ATTEST: Jason R.Gabriel,Esq .City Attorney Donna L.Bartle,City Clerk Curtis Ford,Mayor Approved as to form and correctness: Page 3 of 3OrdinanceNo.90-26-259 Agenda Item #9.A. 13 Apr 2026 Page 55 of 122 6541555}v4 Exhibit 1 Prepared by and Return to: Richard W.Hawthorne,Esq. Driver,McAfee,Hawthorne &Diebenow,PLLC One IndependentDrive,Suite 1200 Jacksonville,FL 32202 LANDSCAPE DEVELOPMENT AGREEMENT THIS LANDSCAPE DEVELOPMENT AGREEMENT (“Agreement”)is entered into by and between the CITY OF ATLANTIC BEACH,FLORIDA,a municipal corporation organized and existing under the laws of the State of Florida (the “City”)and SOUTHCOAST CAPITAL PARTNERSHIP,LTD.,a Florida company (“Southcoast”),collectively the “Parties”. RECITALS WHEREAS,pursuant to Sections 163.3220,et.seq.,Florida Statutes (2026),(the “Act”) and pursuant to the City Code (the “Code”)the City is authorized to enter into development agreements with owners or developers of real property within the City;and WHEREAS,Southcoast is the owner of the land located at 299 Atlantic Boulevard and 0 Ahearn Street more particularly described in Exhibit “A”attached hereto (the “Property”);and WHEREAS,Southcoast intendsto redevelopthe Property at 299 Atlantic Boulevard (f/k/a Ragtime)including parking at 0 Ahearn Street (the “Proposed Development”),upon approval by the City of the pending building permits #CADD26-0001 (the “Perrnits”);and WHEREAS,the Proposed Development triggers the on-site landscaping requirement soutlinedinSection24-176 of the Code;and WHEREAS,installing the required landscaping would reduce availableparking below the minimum amount required by the City Code and due to the building at the zero lot line,there i:no available space on the east and south side of the Property;and WHEREAS,Southcoast applied for,and received,an approved Administrative Variance for landscaping to develop the Property;and WHEREAS,the development of the Property shall be in accordance with the Order Granting AdministrativeVariance dated December 1,2025 and attached as Exhibit “B”;and Agenda Item #9.A. 13 Apr 2026 Page 56 of 122 o Exhibit 1 WHEREAS,the development of the Property shall be in accordance with the City Comprehensive Plan and Zoning Code as con?rmed by the zoning con?rmation letter dated December 17,2025 and attached as Exhibit “C”;and WHEREAS,the payment in lieu providedherein shall be used by the City exclusively for landscaping,tree planting,or related environmental enhancements within the City,consistent with the City's tree fund or similar programs;and WHEREAS,the required public hearings before the City were held with proper notice provided pursuant to the Act. NOW THEREFORE,in consideration of the mutual covenants contained herein and other good and valuable consideration,the receipt and suf?ciency of which are hereby acknowledged, the Parties hereto,intending to be legally bound,hereby agree as follows: 1.Recitals.The foregoing Recitals are true and correct and are hereby incorporatedinto this Agreement by this reference as fully set forth herein. 2.Develo ment.Notwithstanding anything to the contrary herein,Southcoast’s obligations and bene?ts of the land use and zoning are expressly subject to Southcoast commencing and completing construction of the Proposed Development on the Property, consistent with the terms of this Agreement and the Permits.Southcoast shall commence construction within twelve (12)months of the Effective Date and substantially complete the Proposed Development within thirty-six (36)months thereafter,subject to force majeure extensions as de?ned herein.Failure to meet these timelines shall constitute a material defaul t=allowing the City to terminate this Agreement upon notice. For purposes of this Agreement,“Substantial Completion”means the date on which all of the following have occurred: (i)all buildings,structures,site improvements,landscaping,parking areas,stormwater management systems,utilities,and public infrastructure required by the Permits and this Agreement have been fully constructed and installed in accordance with the approvedplans; (ii)a permanent Certi?cate of Occupancy (or equivalent ?nal approval)has been issuedby the City (or other applicable govemmental authority)for all buildings and tenant spaces within the Proposed Development; (iii)all punch-list items have been completed to the City’s reasonable satisfaction;and 6541655 1 v4 11/9 .u v' Agenda Item #9.A. 13 Apr 2026 Page 57 of 122 Exhibit 1 (iv)Southcoasthas delivered to the City a written certi?cation from its licensed engineer or architect con?rming that the development has been completed in material compliance with the Permits and this Agreement,together with as-built drawings and any required recordation of easements or dedications. Southcoast shall provide the City with at least thirty (30)days’prior written notice of the anticipated date of Substantial Completion and shall permit the City and its representatives to inspect the Property and all work performed thereon at any reasonable time.Within ?fteen (15) business days after such inspection,the City shall notify Southcoast in writing of any items that must be completed or corrected before Substantial Completion will be acknowledged. 3.Effective Date.This Agreement shall become effective upon recordation in the public records of Duval County,Florida (the “Effective Date”). 4.Term.If not earlier terminated in accordance with the terms of this Agreement,this Agreement shall expire twenty (20)years from the Effective Date,unless extended by mutual consent of the Parties consistent with Section 163.3229.Florida Statutes. 5.State Statuto Re uirements for Develo ment A reements.It is the intent of the Parties that this Agreement be recognized as an action of the City and Southcoast under the Act, the City’s home rule powers and any other authority held by the City to enter into such agreement. For purposes of meeting the minimum requirements for development agreements in the Act,the following additionalprovisions are hereby made part of this Agreement: a.For the purposes of this Agreement,the contemplated uses of the Property are set forth in the Recitals. b.The current future land use designationof the Property under the Comprehensive Plan is Commercial.The current zoning of the Property is Central Business District (CBD). c.The public facilities anticipatedto serve the Property are water and sewer,which will be provided by the City.The installation of public facilities will be consistent with applicable State and local laws. d.The local development permits needed to be approved for development of the Property include the following:constructionplans,building permits,sign permits and any other of?cial action of the City having the effect of permitting the development of land.Failure of this Agreement to address a particular permit,condition,term,or restriction shall not relieve Southcoast of the necessity of complying with the law governing said permitting requirements ,conditions,term or restriction. 654E655;\‘4 \3. a rbii Agenda Item #9.A. 13 Apr 2026 Page 58 of 122 IG 0 Exhibit 1 ”(MJ e.The Proposed Development contemplatedby this Agreement is consistent with the Comprehensive Plan and the Zoning Code. f.A conceptual graphic layout of the parking lot to support the Proposed Development,including impacts reducing parking if the required landscaping is installed on site, is attached as Exhibit “D”. g.The estimated cost of required landscaping in accordance with the Code is $162,595.00 pursuant to the estimate attached as Exhibit “E”. h.Southcoast shall make a payment of Sl62,5 95.00 to the City,in lieu of planting landscaping on the Property be which shall be deposited into the City's beaches town center fund, its tree fund or a designated account and used exclusively for off-site landscaping or environmenta lenhancementswithintheBeachesTowncenterpartoftheCity.Payment shall be made before a Certi?cate of Occupancy is issued. i.The City retains the right to enhance pedestrian safety through such measures as installation of crosswalks and/or crosswalk landing zones and as such may coordinate the installationsuch safety improvements,at its cost,on a location within the Property,that is mutually agreeable u the Parties hereto. j.This Agreement is voluntarily entered into in consideration of the bene?ts inuring to and the rights of the Parties arising thereunder. 6.Defaults and Remedies. a.If the City defaults in the performance of any obligation under this Agreement required to be performed by the City,then Southcoast shall deliver written notice of such default to the City.The City shall commence to cure such default within thirty (30)calendar days after the delivery of such notice of default and shall diligently pursue to cure to completion within sixty (60)calendar days after delivery of such notice of default.If the City does not cure such default within the time periods provided,Southcoast may pursue any available remedies in law or equity. b.If Southcaost defaults in the performance of any obligation under this Agreement required to be performed by Southcoast,then the City shall deliver written notice of such default to Southcoast.Southcoast shall commence to cure such default within thirty (30)calendar days after delivery of such notice of default and shall diligently and continuously pursue such cure to completionwithin sixty (60)calendar days after delivery of such notice as to any default;provided, however,that if Southcoast is unable in the exercise of reasonable diligence to cure such default within such time period,the time within which to remedy same shall be extended for such period as may be necessary to complete the cure with diligence provided Southcoast continuousl yproceedswithdiligencetocompletesuchcure.If Southcoast does not cure such default within the 4 65416552 "4MlW in. Agenda Item #9.A. 13 Apr 2026 Page 59 of 122 6541655!v4 Exhibit 1 time periods provided,the City’s remedy shall be pursuant to the applicable provisions of the Act, the City Code enforcement regulations,including,but not limited to Chapter 162,Florida Statutes (2026),and may include speci?c performance,injunctive relief,daily ?nes up to $500 per day,or termination of this Agreement. c.Sovereign Immunity.Nothing herein shall be construed as a waiver of the City's sovereign immunity or limitationson liability under Section 768.28,Florida Statutes. 7.Notices.Whenever any of the Parties desiresto give notice to the other,such notice must be in writing,sent by US.Mail,postage prepaid,or by air courier serviceutilizing return receipts addressed to the party for whom it is intended at the last speci?ed address.The place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this Section.The Parties designate the following as the respective places for giving notice: City'City of AtlanticBeach Attention:City Manager 800 Seminole Road Atlantic Beach,Florida 32233 Email: Southcoast:Southcoast Capital PartnershipLTD Attention: 241 Atlantic Boulevard,Suite 2 l Neptune Beach,FL 32266 Email: With a Copy to:Driver,McAfee,Hawthorne and Diebenow,PLLC Attention:Steven Diebenow,Esq. One IndependentDrive,Suite 1200 Jacksonville,Florida 32202 Email: 8.Governin LaW°Venue'Jurisdiction'Soverei 11 Immuni This Agreement and all matters arising out of or relating to this Agreement,including but not limited to its validity,interpretation,performance,breach,enforcement,and remedies,shall be governed by,construed,and enforced in accordance with the law of the State of Florida,without regard to its principles or rules of con?icts of law. L Ll [x ”£4 ‘1 Agenda Item #9.A. 13 Apr 2026 Page 60 of 122 65416551 v4 Exhibit 1 Any action,suit,or proceeding arising out of or relating to this Agreement shall be brought exclusively in a court of competent jurisdiction located in Duval County,Florida.Each party hereto irrevocably submits to the exclusivejurisdiction and venue of such courts and waives any objection to the laying of venue therein based on forum non conveniens or any other grounds.Each party consents to service of process in any such action in the manner provided in Section 7 (Notices)or as otherwise permittedby law.Each party waives any right to a jury trial. Nothing in this Agreement shall be construed as a waiver of sovereign immunity or the limitations on liability set forth in Section 768.28,Florida Statutes,or any other applicablelaw,to the extent such waiver is prohibited by law.Each municipal party retains all immunities and defenses available under Florida law. 9.Indemni?cation. Southcoast shall indemnify,defend,and hold harmless the City,its of?cers,agents,and employees ?'om and against any and all claims,damages,losses,liabilities,costs,and expenses (including reasonable attorneys'fees)arising out of or related to any breach of this Agreement by Southcoast. 10.INTENTIONALLY OMITTED. 11.Re resentations and Warranties. Southcoast represents and warrants that:(i)it is duly organized and validly existing under Florida law;(ii)it has ?lll authority to enter into this Agreement;(iii)the individual executing this Agreement is duly authorized;and (iv)the landscaping cost estimate in Exhibit “E”is accurate and based on current market rates,subject to City veri?cation. 12.Ca tions and Para ra h Headin s.Captions and paragraph headings contained in this Agreement are for convenience and reference only.They in no way de?ne,describe,extend, or limit the scope of intent of this Agreement. 13.No Waiver.No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted.Any such written waiver shall only be applicable to the speci?c instance to which it relates,and shall not be deemed to be a continuing or future waiver. l4.Exhibits.All exhibits attached hereto are incorporated herein by reference. 15.Further Assurances.The Parties hereby agree to execute,acknowledge,and deliver and cause to be done,executed,acknowledged,and delivered all further assurances and to perform such acts as shall reasonably be requested of them in order to carry out this Agreement. A I Agenda Item #9.A. 13 Apr 2026 Page 61 of 122 Exhibit 1 l6.Amendments.No modi?cation or amendment in the terms or conditions contained herein shall be effective or binding unless such amendment or modi?cation is in writing,and signed by an authorized representative of each Party or pursuant to Section 163.3233,Florida Statutes (2022),To the extent Southcoast sells the Property or portion thereof to a third party such that more than one entity or person acquires an interest in the Property bene?tted and subject to this Agreement,this Agreement may be amendedby the City and applicable Party without every owner of the Property consenting consistentwith Section 163.3237,Florida Statutes (2022). 17.Assi nment.This Agreement shall run with title to the Property and be binding on Southcoast and its successors and assigns.Southcoast may assign its rights,obligations,and responsibilitiesunder this Agreement in whole or in part to a third party purchaser of all or any part of fee simple title to all or any portion of the Property.Any such assignment shall be in writing and recorded in the Duval County,Florida,public records,and shall require the prior written consent of the City (not to be unreasonably withheld),and shall automatically constitutea release of the assignor as to the Agreement to the extent of any liability arising from and after the date of the assigmnent. 18.INTENTIONALLY OMITTED. l9.Counter arts.This Agreement may be executed in one (1)or more counterparts,each of which may be deemed to be an original and all such counterparts together shall constitute one and the same instrument. 20.Southcoast Authorit .The undersigned individual executing this Agreement on behalf of Southcoast represents and warrants to the City that:(i)Southcoast is a duly organized and validly existing company under the laws of the State of Florida;(ii)Southcoast has full power and authority under its governing documentsand applicable law to enter into this Agreement and to perform all of its obligations hereunder;and (iii)the execution,delivery,and performance of this Agreement have been duly authorized by all necessary action on the part of Southcoast,and this Agreement constitutes a valid and binding obligation of Southcoast,enforceable against Southcoast in accordancewith its terms." 21.Recordin of this A reement.The City agrees to record this Agreement within fourteen (14)calendar days after execution in Duval County,Florida,public records.Southcoas tshallpayallrecordingcosts. 22.Merer Clause.This Agreement sets forth the entire agreement among the Parties,and it supersedes all prior and contemporaneous negotiations,understandings,and agreements,written or oral,among the Parties. 23.Severabili .If any provision of this Agreement is declared invalid or unenforceabl ebyacourtofcompetentjurisdiction,the invalid or unenforceable provision will be stricken from 65436551 "4 ,N1. n, Agenda Item #9.A. 13 Apr 2026 Page 62 of 122 Exhibit 1 1V.»ime: By: Curtis Ford,Mayor Date: the Agreement,and the balance of the Agreement will remain in full force and effect as long as doing so would not affect the overall purpose or intent of the Agreement. IN WITNESS WHEREOF,the Parties have made and executed this Agreement on the respective dates under each signature: Signed,sealed,and delivered CITYOF ATLANTIC BEACH FLORIDA in the presence of:a municipal corporation Print Name: Print Name: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 6541655!v4 Jason Gabriel,City Attorney State of Florida County of Duval The foregoing instrument was acknowledged before me by means of El physical presence or I:online notarization this day of ,2026,by Curtis Ford,the Mayor of the City of AtlanticBeach,Florida,on behalf of the City. (Print Name NOTARY PUBLIC State of Florida at Large Commission # My Commission Expires: He/she is [check one]: Personally Known OR ProducedID. Type of Identi?cation Produced Agenda Item #9.A. 13 Apr 2026 Page 63 of 122 Exhibit 1 : Print Name: Print: Date: Print Name: Signed,sealed,and delivered SOUTHCOAST CAPITAL PARTNERSHIP,LTD.,a in the presence of:a Florida company State of Florida County of Duval The foregoing instrumentwas acknowledged before me by means of [3 physical presence or Cl online notarizationthis day of 2.026 by the of Southcoast Capital Partnership,LTD,a Florida company on behalf o fthecompany. (Print Name NOTARY PUBLIC State of Florida at Large Commission # My Commission Expires: He/she is [check one]: Personally Known OR Produced ID. Type of Identi?cation Produced 6541655;v4 Agenda Item #9.A. 13 Apr 2026 Page 64 of 122 (:2»;..Immuz?hdm 12:93.wM<OUZ~DOm ”mom .:u<.wmLGx‘;*2 :Z<754;:w:UZCL ,1L(5&0:<:EL ..::mxuz_a«a 2 373 7,251 new .0 mcz? $7230.15 14.}< ".2 E “39.57:.a :1: _ 92 5:5:5.3.2;?133i .:3 1:3 .171 a:5,5 u :22'2%2 ._ I!a:$233:awazuu:2.32.533 8.35.9339:2.9;mg(9:04“.>z=wau0(: mempmEb 1.50m 95 .—m:0)u>k3w 9.25 Eu .0 J .r r:.: a?£3;a. :v.i«e_. i?"5... 5,3 $25. :z..c 3.:5.r =5 : [:3 c‘* u lawns" ..s-,2 {’i *******C*: *‘l (mm W 1 u M :*,**.**** 4.2 g I. wilxziiixg~ ?lial}. Agenda Item #9.A.13 Apr 2026 Page 65 of 122 Order of the Neighborhoods Department Director APPLICANT:Southcoast Capital Partnership,LLC 1 Independent Drive,Suite 1200 Jacksonville,FL 32202 PROPERTYADDRESS:299 Atlantic Blvd(RE#172531 0000)and 0 Ahern St.(RE#172531 0050) City of Atlantic Beach Community Development Dept. 800 Seminole Road Atlantic Beach,Florida 32233 Telephone (904)247-5826 http://www.coab.us FILENUMBER:ZVAR25—OO33 DATEOF Decision:December 1,2025 ORDER GRANTING ADMINISTRATIVEVARIANCE The above-referenced applicant has submitted a request for an administrative variance for 299 Atlanti cBlvd(RE#172531 0000)and 0 Aher St (RE#17531 0050),as permitted under Section 24-64 of the City of Atlantic Beach Code of Ordinances,seeking relief from the landscape requirements set forth in Division 8.These properties are located within the Central Business District (CBD). The renovation of the existing building triggersthe on—sitElandscaperequirements outlined in Section24- 176.However,due to the existing building footprint,there is no available landscaping space on private property adjacent to Atlantic Blvd.or Ocean Blvd.to accommodate required landscaping,as the structure is built directly to the property line. improvements (parking lot orientation and landscaping)were recently made to the parking area located behind the building (0 Ahern St.,RE #17531 0050),including the conversion of the dumpster to a compactor to address longstanding issues with trash collection/odorthrough the relocation and conversion of the dumpster to a compactor.Additionally,the parking layout has been reoriented to enhance safety for pedestrians and bicyclists by reducing the number of curb cuts. Relief is granted based on the memorandum submitted with the administrative variance application (attached)and a separate development agreement for alternative landscaping (ie.flower boxes/planters, hardscape,etc.). Pursuant to Section 24-176(m),the Director is authorized to grant such relief when specific conditions and findings are met.This special administrative remedy is granted based upon a determination that the request satis?es the applicable criteria established in the Code. "(m)....(2i Where compliance with the landscape requirements would require:the demolition of an existing building;a loss of more than ten (10)percent of the gross required off-street parking for an existing development;or of a loss greater than ?fteen (15)percent of the lot area for development,............" The following landscaping clari?cation and/orrelief is granted: (9‘ Exhibit B Agenda Item #9.A. 13 Apr 2026 Page 66 of 122 1.Perimeter Landscaping—Section 24-176le)(1)(a)(ii) Relief is granted from the strict application of the perimeter landscaping requirements.Thi sdeterminationisbasedonthefollowingfindings: a.The building would have to be demolished to accommodate landscaping and b.The required landscape code would result in the loss of more than 10 percent of existing parking spaces,which would adversely affect the functional use of the property. Note that Section 24-176 (d)(1)—exempts properties located the in CBD from the vehicle use interior landscaping requirements therefore no administrative relief is necessary. Approval of this administrative variance constitutes acceptance of the plans as submitted.However,the City will enter into a development agreement to address alternative landscaping requirements. Furthermore,this approval shall not be interpreted as authorization to remove,modify,or disturb any existing landscaping or trees located within the parking area at 0 Ahern Street. This administrative variance is effective as of the date of this letter and shall remain valid for the duration of the approved building permit associated with the current project.It is further acknowledged that any subsequent development,redevelopment,or modifications beyond what is submitted as part of this application may trigger the applicability of current landscaping standards and requirements and therefore may require adherence to the City’s landscaping code and associated approval processes. THIS 1St DAYOF December 2025. Amanda L.Askew Neighborhood Department Director Agenda Item #9.A. 13 Apr 2026 Page 67 of 122 ~ DRIVERMCAFEE HAWTHORNE EBENO October 27,2025 One Independent Drive Suite 1200 Jacksonville,FIorida 32202 P 904)301.1269 F 1904'}301.1279 www.drivermcafee.com City of Atlantic Beach Planning/Community Development Division Attn:Amanda Askew,Neighborhoods Department Director 800 Seminole Road Atlantic Beach,Florida 3223 i Re:299 Atlantic Boulevard and 0 Ahern Street Administrative Remedy Dear Amanda: Pursuant to City Land Development Regulation Section 24-176,please ?nd enclosed an application requesting administrative remedies related to landscaping at 299 Atlantic Boulevar dand0AhemStreet.The application form included with the submittal is for an “ administrativevariance”.We understandthe City of Atlantic Beach does not have an “administrative remedy” application which is why the administrative variance application was used for purposes of the request. A check in the amount of $300 for the application fee is attached.If you have any questions,please let me know. Sincerely, Enclosures cc:Michael Sittner Kristi Pecci Ricky Jackson Steve Diebenow K1, Agenda Item #9.A. 13 Apr 2026 Page 68 of 122 /L ** building-dethcoasz “(Maximum 5%of required setback) LOT/PARCELSIZE 0.63 ZONINGCODE CBD UTILITYPROVIDER JEA/AtlanticBeach RE#172531 000081172531 0050 BLOCK#35 LOT#1-6 PROPERTYLOCATION 299 Atlantic Boulevard and 0 Ahern Street PHONE#(904)807—8211 CELL# ADDRESS 1 Independent Drive,Suite 1200 CITY Jacksonville STATE FL ZIPCODE 32202 NAME Steve Diebenow o/b/o Southcoast Capital Partnership,LLC EMAIL sdiebenow@drivermcafee.com ADMINISTRATIVE VARIANCE APPLICATION FOR INTERNALOFFICEUSE ONLY City of Atlantic Beach Community Development Division 800 Seminole Road Atlantic Beach,FL32233 Please Smeit form in person (P)904—247-5800 or to APPLICANT INFORMATION PROVISIONFROMWHICHVARIANCEIS REQUESTEDLDRSection 24-176 SIGNATUREOF APPLICANT PRINTOR TYPENAMEOF APPLICANT DAT /a—27—2.5/-(fit/Mt”PI‘E'Gg/VJw FRONTYARD REARYARD SIDEYARD IF SIDEYARD,WHICHSIDE? Homeowner's Association or Architectural Review Committee approval required for the proposed construction [3 YES NO (if yes,this must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance,which demonstrates compliance with Section 24-64 and 24-65 of the Zoning,Subdivision and Land Development Regulations,a copy of which is attached to this application.Statement an site [an must clearly describe and depict the Variancethat is reguested. PROVIDE ALLOF THE FOLLOWINGINFORMATION Proof of ownership:deed or certi?cate by lawyer or abstract or title company that verifies record owner as above. 2.If the applicant is not the owner:provide a letter of authorization from the owner(s)for applicant to represent the owner(s)for all purposes related to this application. 3.Survey and legal description of property for which Variance is sought. 4.Required number of copies:One (1)digital copy «additional paper copy is optional. 5.Application fee of $300.00. "In lieu of signed,sworn and notarized signatures ofthe property owner,agent and/orcontractor,and under penalties of perjury,I declare that l have read and examined the foregoing application and that the facts stated in it are true and correct." ADMINISTRATIVEVARIANCEAPPLICATION07.16.2025 AMOUNTOF RELIEFBEINGSOUGHT?Administrative Remedies Agenda Item #9.A. 13 Apr 2026 Page 69 of 122 3.Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. See attached Memo The following paragraph sets forth reasons for which a Variance may be approved,please check the circumstances that apply to your request and briefly describe in the space provided. A.)Grounds for approval of a Variance:A Variance may be granted at the discretion of the Community Development Board,for the following reasons. 1.Exceptional topographic conditions of or near the property. 4.Onerous effect of regulations enacted after piatting or after development of the property or after construction of improvements upon the property. See attached Memo OR- B.)An inadvertent surveying error has resulted in placement ofa building not more than four (4)inches outside of a required building setback line.In such cases,a letter of explanation shall be provided by the surveyor,which shall remain part of the building permit ?le. 6.Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. See attached Memo. 5.Irregular shape ofthe property warranting special consideration. A Variance,which involves the Development of Land,shall be transferable and shall run with the title to the Property. ADMINISTRATIVEVARIANCEAPPLICATION07.16.2025 2.Surrounding conditions or circumstances impacting the property disparateiy from nearby properties. Agenda Item #9.A. 13 Apr 2026 Page 70 of 122 ADDITIONAL COMMENTS: Please see attached Memo ADMINISTRATIVEVARIANCEAPPLICATION07 16.2025 Agenda Item #9.A. 13 Apr 2026 Page 71 of 122 I“!\31'1 #3315 v.13:U [THE F“. Exhibit A I One Independent Drive P (904)30].1269 Suite 1200 F '904)301.1279 Jacksonville,Florida 32202 wwwdrivenncafeecom To:Amanda Askew,City of Atlantic Beach Neighborhoods Department, Planning/Community DevelopmentDivision,Director From:Driver,McAfee=Hawthorne &Diebenow,PLLC on behalf of AC S One Ocean Propco,LLC Date:October 27,2025 Re:AdministrativeRequest for 299 Atlantic Boulevard and 0 Ahem Street Memorandum Back ound This request for administrative relief is ?led to accommodate the existing conditions at 299 Atlantic Boulevard and 0 Ahem Street as more particularly described in the attached legal description (the “Property”)with the understanding that the Applicant seeks to enter into a development agreement with the City of Atlantic Beach (the “City”)to provide equitable funding for off-site landscaping or other beautification efforts within the City. The Property is located within the CBD fronting Atlantic Boulevard and is a multi- tenantbuildingwithABKitchen,Homespun,and Angie’s Sub Shop.Ragtime Tavern previousl yoperatedatthePropertybuthasclosedAnewrestauranttenantisreplacingtheRagtime space and updating the structure with a second ?oor and covered rooftop dining.Because the renovation exceeds twenty—?vepercent (25%)of the current assessed value of the building,the entire Property is required to meet the landscaping code set forth in Section 24-176.However,the develope dconditionsdonotmeetthecurrentlandscapingrequirementsforfive(5)foot wide street frontage landscaping and associated landscaping screens and trees.To provide such landscaping would substantially reduce availableparking on the Property (a reduction of 10 spaces within a 37-space parking lot)and thus within the CBD. Pursuant to LDR Section 24-176(m),the Property Owner is requesting several administrative remedies from the applicability of certain subsections of the City Code from the City’s Neighborhoods Department,Planning and Community Development,Director (“Director”). One of the criteria that allows for this avenue of approval is if adherence to the LDRs and City Ordinance Code in relation to landscape will result in the loss of more than 10%of the parking spaces for an existing development.Adherence to the City landscape provisions will result in an ‘v “an“x,n \ DRIVERMCAFEF HAWTHORNE EBENO i l Agenda Item #9.A. 13 Apr 2026 Page 72 of 122 "as; 1 ‘0‘”1 .In a», approximatelytwenty-seven percent (27%)loss of parking spaces (37 current parking spaces with the removal of 10 parking spaces).In addition,the remedies are appropriate because the Director may allow the relocation of landscape areas. Available parking is critical to the functioning and overall success of the CBD. Accordingly,this applicationrequests the reduction of the landscaping requirements set forth in Section 24-176 to what is existing today (the “Request”)as depicted in the attached Site Plan.The costs that would otherwise be required to bring the Property up to code will be provided for beauti?cation efforts and memorializedthrough a development agreement with the City. As stated in the cover letter,the application for administrativevariance was used because the City does not have an administrativerelief application.Although not required under Code,the below analysis addresses the Request meeting the de?nition of a “variance”,the purpose and intent of Sections 24-64 and 24-176,and satisfying a minimum of three (3)factors. Criteria for A roval of Variance A.Variance:The Request is consistent with the Land DevelopmentRegulations de?nition of a variance,which means “reliefgranted fromcertain terms of this chapter.The relie fgrantedshallbeonlytotheextentasexpresslyallowedbythischapterandmaybeeither an allowable exemption from certain provision(s)or a relaxation of the strict,literal interpretation ofcertain provisionts;Any reliefgranted shall be in accordance with the provisions as set fort in section 24-65 of this chapter,and such reliefmay be subject to conditions as set forthby the City ofAtlantic Beach.” Relief from landscapingis permittedthrough a variety of code sections,including Sections 24-64,24-65,and 24-176.The Request does not ask for any additionalrelief than what is necessary.As depicted in the attached Site Plan,some street frontage landscaping exists along East Coast Drive and Ahem Street but not the entire frontage and is not the required width.Updating the existing conditions to comply with the updated landscaping regulations results in exceptional practical dif?culties and undue hardship and does not improve the quality of the CBD.To the contrary,the removal of parking decreases the quality of life and functionality of the CBD.Landscaping or other beauti?cation efforts are needed elsewhere over the need for additionallandscaping at the Property. B.Purpose and intent of Sections 24-64 and 24-176:The Request furthers the purpose and intent of Sections 24-64 and 24-176.This Request is not requested solely for personal comfort or convenience,for relief from ?nancial circumstances,or for relief from situations created by the property owner.Instead,this Request is to accommodate existing conditions,preserving much needed parking,and providing funding for off-site beauti?cation improvements.It is a net-gain to provide beauti?cation in more forward —facing areas as comparedto the rear parking lot that does not front Atlantic Boulevard. li‘ Agenda Item #9.A. 13 Apr 2026 Page 73 of 122 C.Factors: a.Exceptionalcircumstancespreventing the reasonable use of the property as compared to other properties in the area. The Property is developed with a building and surface parking lot on constrained parcels.299 Atlantic Boulevard was developed Without available on-site parking, whereas most other developments in the CBD include dedicated on-site surface parking.0 Ahem Street is limited in the number of parking spaces that can be provided due to being less than one-quarter acre in size.With certain dimensions needed to provide safe parking and circulation through the site,additional landscaping cannot be provided without removing substantialamounts of parking.That is in contrast to other developed lots within the CBD that were constructed speci?cally to accommodate a building with enough space for parking with safe circulation. b.Onerous effect of regulations enacted after platting or after development of the property or after constructionof improvements upon the property. The Property was developed in 1940,well before the City adopted the current landscaping regulations.Improvements to the Property have been made including provision of landscaping along East Coast Drive and Ahem Street,just not to the current landscaping requirements.Speci?cally,there is a two (2)foot wide landscap estripattheEastCoastDriveandAhemStreetintersectionandaten(10)foot by (10) foot landscape planter near the middle row of parking abutting East Coast Drive.When the Property was originally developed,providing wide landscaping strips,trees,and other required landscaping was not contemplated. c.Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. 0 Ahem Street is only 0.23 acres and is one of the smallest lots within the CBD.In contrast,for example,the parking lot for 363 Atlantic Boulevard is approximately 0.67 acres,over twice the size.Providing the required landscaping would reduce parking on site by over twenty-?ve percent (25%)which is a direct result of the small size of 0 Ahem Street. Conclusion Providing the required landscaping at the Property is a net-negative to the CBD at the cost of twenty-seven percent (27%)of the parking spaces.The Request is consistent with the Zoning Code and the criteria contemplated for administrative relief.Approval of the Request maintain sthestatusquo,allows the provision of much-neededrooftop dining,and serves to relocate needed landscaping or other beauti?cation efforts to more forward-facing locations through the separate development agreement that will be approved between the City and the Property Owner.w )y 1 1M" Agenda Item #9.A. 13 Apr 2026 Page 74 of 122 Zn ii:.52:ESESNOILIGNOOONILSIXSvalue“Hovaa auuvuvLIEIHXESNIHMVGI EVOct-25 {2:131"I 10'Plumb.1 025-0307 QNNEN d ‘ 313 mmEHXm .o_n._n m..<x Z<|_n_ Ir’t _/"\ /~>”" ,_,’ u mmmogn uZFttzwn a2¢20:03sz00 tow a”:mmD.—0829—1.sz m.02.33%.mi»‘ 35:50 mod:—4329 no335004 >LEW>0...unit zwwng1:”FMS W...”oz . .zgmwn .?zI zos muziu DP hum—a;m.g ianuuzg g S «.1»20 232?.that hzwtm?zg «E23555 . .waouhzwvtgm>wo g.—1384 nz<zEmmo 4(2E 20k.-numdn mezzo O....5“.an m.21:wtm $420 $222an 2.6 22.53.89 momnunzukw:m.52.31::mi... wm._.oz261E .Emuzou hm ...4<._.o._. Ammo/Em9 OJ u wEm_ u wJU>Um0FOZ cmH am<oz<km mozt?xmvkzsou oz_v_m<n_ mo._.m<ou ._.m<m In ,1 www??xm. “30D mumhuxmJ {Max-I1-X12:11:15..DNIHHENISNEGN3931 Agenda Item #9.A.13 Apr 2026 Page 75 of 122 ? Laurence D .Lovet? 7 ,r / "5“"3km ‘4W"’(I (( 9 lint-56751350283 GEFESHX'LREBDRDS ,FLORIDA322016069R.KREIS,Attorneyatlaw.P . 0 . BO XJTEs?'m: DEED THIS INDENTURE,made and executed this 151;day of Maren[31959,by and between RADFORD D.LOVETT AND LAURENCE D.LOVETT,herein?té 7 called "Grantors,"whose addresses are 1010 B.Adams Street,Jacksonvill Florida 32202,and SOUTHCOAST CAPITAL PARTNERSHIP,LTD.,5 FIOIid i?ited Partnership,whose address is 1010 E.Adams Street,Jacksonville,”lorida 32202,hereinafter called "Granteeg"‘1” W_I T N E S S E T H : The Grantors,in consideration of the sum of Ten and No/lOO Dollars ($10.00)and other valuable consideration to them in hand paid by the Grantee, the receipt whereof is hereby acknowledged,have granted,bargained,sold, released,conveyed,and transferred and by these presents do grant,bargain, sell,release,convey and transfer unto the Grantee,its successors and assigns forever,all of the estate,right,title,interest,claim and demand which the Grantors have in and to all of the lots,pieces,or parcels of land owned by Grantors and situate,lying and being in the County of Duval,and the State of Florida,more particularly described in Exhibit “A"attached hereto. TO HAVE AND TO HOLD the same,together with all and singular the easements,tenements,hereditsments and appurtenances thereunto belonging or in anywise appertaining,and all the estate,right,title,interest,claim, demand,equity and lien whatsoever of the Grantors,either in law or equity,to the only proper use,benefit and behoof of the Grantee,its successors and assigns forever. Grantors are limited partners of Grantee and this deed is given as an additional contribution to the capital of Grantee. IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals the day and year first above written. Signed,sealed and delivered in the presence of: i.as 9/[M16 defo D.Lov tt STATE OF FLORIDA COUNTYOF DUVAL Before me personally appeared Laurence D.Lovett and Redford D.Lovett to me well known and known to me to be the individuals described in and who executed the foregoing instrument,and acknowledged to and before me that they executed the same for the purposes therein expressed. WITNESS my hand and official seal this lst day of LA,‘-'n ,2.;7.,- Notary Public,in and‘fogs~ U) TATE DP FLO .'m g; ”9%,CUMENTARY..—-.STA?gDTAAxCounty Aforesaid.%Hy commissionExpires1m “P1992. 253070IHHHH I s nominee's::normPunuc.STATEOFmm!“ as.E MAR22'89(i l ”446 L .,,._U Lima/ Agenda Item #9.A. 13 Apr 2026 Page 76 of 122 ’}.. ,. I... .A . \ ._ um VBLSWSP8928 15 DFFJBEALREC’L‘ EXHIBIT "A" Parcel I Lots Five (5)Six (6)and Seven (7),and Unnumbered Lot lying North of Lot Five (5),said Unnumbered Lot being more particularly described as being bounded on the North.by the South line of Atlantic Boulevard as now established and as widened by Deed recorded in Deed Book 238,page 414,on the West by the East line of Florida East Coast Railway,on the South by the North line of Lot Five (5),and on the East by the West line of Continental Avenue,all in Block 29,Neptune,according to Flat recorded in Plat Book 4,page 46.of the current public records of said County.The property hereinabove described being located on the southwest corner of Atlantic Boulevard and First Street in the Town of Neptune Beach,Florida. A part of the former Florida East Coast Railway Company right of way adjoining Lots 6 and 7,Block 29,Neptune,as recorded in Plat Book 4,page 46 of the current public records of Duval County,Florida,described as follows,to~wit: Commencing at a pipe located on the Southwesterly corner of said Let 7,run Northerly,along the Westerly line of said Lot 7,a distance of 9 feet to said point of beginning;thence run Westerly at right angle to the Westerly line of said Lot 7,a distance of 4 inches to a point in the said former Florida East Coast Railway Company right of way,thence run Northerly parallel to the Westerly line of said Lots 6 and 7,a distance of 68 feet.to a point,thence run Easterly at right angle to the Westerly line of said Lot 6,a distance of 4 inches to the Westerly line of said Lot 6,thence run Southerly along the Westerly line of said Lots 6 and 7,a distance of 68 feet to the point of beginning. Parcel II =The southerly Fifteen (15)feet of Lot Seven (7),all of Lot Eight (8)and that certain unnumbered Lot,or strip of land, lying south of Lot Eight (8)between said Lot Eight (8)and Atlantic Boulevard,as recorded in Plat Book 5,page 69 of the ,current publicarecords of Duval County,Florida Lots One (1),Two (2),Three (3),Four (4),Five (5)and Six (6),“Atlantic Beach Terrace,as recorded in Plat Book 15,page 34 of ”the current public records of Duval County,Florida together with that certain 15 foot alley bounded on the north by the south line of Lot 5 and 6 and on the south by the North line of Lots One (1)through Four (4). SUBJECT TO: (1)Easements,restrictions and reservations of record. (2)All outstanding leases whether or not of record. SQMARZ’ZP314! 89"29- 1152 . 'uldl .i‘I"“ m7§J£§§§j€no:itruno ff-WWW Agenda Item #9.A. 13 Apr 2026 Page 77 of 122 STATEFl ZIPCODE32266 NAME Southcoast Capital Partnership,LL C ADDRESS241 AtlanticBoulevard,Suite 201 OWNER'S AUTHORIZATION FOR AGENT City of Atlantic Beach Community Development Department 800 Seminole Road AtlanticBeach,FL32233 (P)904-247-5800 JOB ADDRESS 299 Atlantic Boulevard and 0 Ahern Street.Atlantic Beach,Florida 32233 “3’“ADE-77:15Lttv"11"u.N.m “was” STATE H ZiPCODE 32202 OWNERSAUTHOR/2ATION05.062025 NAME Driver.McAfee,Hawthorne 8r Diebenow.PLLCF PHONEII (904)807-8211 ADDRESSllnclependent Drive,Suitelzoo (ZELUl CITYJacksonville Driver,McAfee.Hawthorne 8:Diebenow.FL is hereby authorizedto act on behalf of SourhcoaszCapital Partnership,LLC the owner(s)of those lands described within the attached application and as described in the attached deed or other such proof of ownership as may be required,in applying to the City of Atlantic Beach.Florida,for an application related to a Development Permit or other action pursuant to: E]BUILDINGPERMIT D USE-BY'EXCEPTION D COMPREHENSIVEPLANAMENDMENT TREEPERMIT ZONINGVARIANCE E]PLAT,REPLATORLOTDIVISION SIGNPERMIT D ZONINGMAPAMENDMENT U OTHER "In lieu of signed,sw n and ar’signatures of the property owner,agent and/orcontractor.and under penalties ofperjury,lde e a l ave ad :1Dindtheforegoing application and that the facts stated in it are true and correct. .m;,Eg.l5“;;,f,‘;193:;5 1::)a-;5.tag 35"SIGNATUREOF PRINTORTYPENAME DATE MichaelSittner 10.13.25 SIGNAT RE GENT PRINT0R TYPENAME DATE AGENT INFORMATIO QTY AtlanticBeach CELL PHONEI OWNER INFORMATION Agenda Item #9.A. 13 Apr 2026 Page 78 of 122 m, LEGAL DESCRIPTION October 27,2025 The southerly ?fteen (15)feet of Lot Seven (7),all of Lot Eight (8)and that certain unnumbered Lot:or strip of land,lying south of Lot Eight (8)between said Lot Eight (8)and Atlantic Boulevard,as recorded in Plat Book 5, page 69 of the current public records of Duval County,Florida. Lots One (1),Two (2),Three (3),FOur (4),Five (5),and Six (6),AtlanticBeach Terrace,as recorded in Plat Book 15,page 34 of the current public records of Duval County=Floridatogether with that certain 15 foot alley bounded on the north by the south line of Lot 5 and 6 and on the south by the north line of Lots One (1)through Four (4). Exhibit 1 Page 1 of 1 ”J‘I’lI1\, Agenda Item #9.A. 13 Apr 2026 Page 79 of 122 z 3 ul 0»sum—DEG arm-m 300m: 2 2 2 9 CHECK INVOICE#AMOUNT DEDUCTION NET AMOUN 300.00 DATE DESCRIPTION City of Atlantic Beach 10/15/2025 Administrative Relief Application with the City of Atlantic 300.00 CHECKDATE CONTROLNUMBER TOTALS ) DRIVER,McAFEE,HAWTHORNE81DIEBENO PLL Agenda Item #9.A. 13 Apr 2026 Page 80 of 122 City of Atlantic Beach Community Development 800 Seminole Road Atlantic Beach,Florida 32233 Telephone (904)247—5826 Fax (904)247 -5 845 http://www.coab.us December 17,2025 ATTN:Michael Sittner and Southcoast Capital Partnership,LLC 241 Atlantic Boulevard,Suite 201 Neptune Beach,FL 32266 RE:Property Address:299 Atlantic Blvd,Atlantic Beach,FL 32233 Parcel No.172531-0000 Dear Mr.Sittner, In response to your request regarding the Property,please be advised as follows: @‘The propeny‘ist‘ii?he Central BusmemDistrict (GED)zoning (tires-?nd is classified as Central Business District (CBD)in the Future Land Use Map (“PLUM”)series adopted as part of the 2045 Comprehensive Plan. 2.The property is in the Commercial Corridor (Section 24-171)which has additional standards and requirements.Please see the attached code sections for these standards . 3.Please see the attached Section 24-115 for the list of permitted uses. 4.Adjacent property zoning designations to the north are Residential,General,Multi- family and to the east are CommercialGeneral (CG)and to the west are Central Business District (CBD),while properties to the south are also commercial but part of Neptune Beach. 5.This property is located in the 0.2 percent annual ?ood hazard ?oodplain (Zone X), as determined by FEMA. 6.The property is not wetlands according to FEMA and the National Wetlands Inventory from the U.S.Fish and Wildlife Service. 7.The property is not listed as a Historical Property. 8.The number and placement of parking spaces depicted in the request comply with the Land Development Regulations.A portion of the required parking is located within the City of Neptune Beach;however,these spaces satisfy the LIX:Jr,“ Exhibit C Agenda Item #9.A. 13 Apr 2026 Page 81 of 122 '4!»mm rs ”I »g u m m Lemonlot ’3023mlot Romancing:ummggmngmmm Tetal seats-Iqulwd 4:93:25 12011-51109156903025 {28333003ssmaces assu mes“Seas 1space cum Eggngmt AllBtvd MonticeuoL01|scanm Fume:nagumeSpace Renovation: applicable distance requirements,and the property owner has con?rmed that they are designated for use by the subject property in the City of Atlantic Beach 45 403 Please note that zoning codes,?ood zones and wetland delineations change periodically ,and we recommend checking prior to submitting building plans.Further studies to assess the site may be required at time of permitting. If you have any questions,please feel free to contact me directly. rely, anda L.Askew Neighborhood Dept.Director m u- 12 2 D12 ABKlmcn Angie's Homespun ?! :2 .0000000E 000°0°00102 4388 rovm E 91291202 Agenda Item #9.A. 13 Apr 2026 Page 82 of 122 54:—§-&- 1211 I123.SEDAN Ananuc beach.I‘L U006 01'uralnanoes Sec.24415.-Central business district (CBD). (a)Intent.The central business district is intended for low intensity,neighborhood scale commercial and retail and food service uses.and professional of?ces,which are suitable within the constraints of the existing development patterns of the district and which contribute to the commercial,civic and cultural vitality of the City of Atlantic Beach Town Center area.The central business district contains an established development pattern with a predominance of older structures built prior to the current requirements for area,setbacks,parking and other site related elements,and this character should be retained.Figure 8 is a map of the central business district. 5‘? at‘ E a Figure 8 Central Business District Map- (b)Permitted uses.The uses permitted in the central business district shall be: (1)Low intensity service establishments such as barber or beauty shops,shoe repair, laundromat,(but not dry cleaners),tailors or dressmakers. (2)Low intensity retail sales of items such as wearing apparel,toys,sundriesand notions,books, stationery,luggage.jewelry,or similar uses. (3)Medical and dental of?ces,but not hospitals. (4)Professional of?ces such as accountants,architects,attorneys,engineers,and similar uses. (5)Business offices such as real estate broker,insurance agents,and similar uses. (6)Banks and ?nancial institutions without drive-through facilities. (7)Restaurants,café.coffee shops without drive-up or drive-through service. (8)Art galleries,libraries.museums,cultural centers. (9) ATLAN YC Agenda Item #9.A. 13 Apr 2026 Page 83 of 122 1211 ([25,3:30 AM Atlanuc 5980".I'L U008 OI urdlnanoes Government use,buildings and facilities. (10) (11) (12) (13) (14) Uses authorized pursuant to a right-of—wayrevocable license agreement. A single-family dwelling unit within the same building occupied by a permitted use. Mixed use projects combining the above uses and those approved as a use-by-exception pursuant to subsection (c)below. On-premises consumption of beer and wine only in conjunction with a full service restaurant. On-premises consumption of alcohol,indoors only,when located at least one hundred (100) feet from any residentially zoned property.This distance shall be measured in a straight line from the closest distance between the indoor space where consumption will occur to the nearest residentially zoned property. (c)Uses-by-exception.Within the central business district,the following uses may be approved as a use—by-exception. (1) (2} (3) (4) (5) Residential,where such residential use is within the same building of a mixed use project subject to density requirements of the comprehensive plan. Live entertainment.both indoor and outdoor,in conjunction with a permitted use or approved use-by-exception,not including adult entertainment establishments as de?ned by F.5.§847.001(2)and also notincluding outdoor entertainment such as putt-putt golfand___:._.....y:- driving ranges,skate park,?ring ranges amusement centers and video game arcadesand any type of token or coin-operated video or arcade games,tattoo or body artists or studios, movie theaters,billiard and pool halls. Off-street parking lots. Hotel,motel,motor lodge,resort rental or tourist court and short term rental. On—premisesconsumption of alcohol when located less than one hundred (100)feet from any residentially zoned property or when occurring outdoors. (d)Lot size and yard requirements. (1) (2) Subject to meeting required impervious surface area limits,stormwater requirements,access and parking standards,landscaping and buffering,and required sight lines,there are only de?ned maximum front yard requirements within the central business district. Yard requirements.The yard requirements within the central business district shall be: (a)Front:15 feet (maximum) (b)Rear:0 feet (minimum) (c)Side:0 feet (minimum) Agenda Item #9.A. 13 Apr 2026 Page 84 of 122 —:‘7. 'l 12/1 lle,9233)AM Atlantic beacn,I'L U008 of Ordinances (e)General restrictions.The following restrictions shall apply to all development within the central business district: (1)Maximum impervious surface:Seventy (70)percent.Where lawfully existing structures and improvements on a parcel exceed this applicable percentage,additions/modi?cations to such structures and improvements shall not exceed the pre-existing impervious surface percentage,provided the Stormwater requirements of segion 24-89and the landscaping requirements of division 8 are met.However,new development and major remodels shall not exceed seventy (70)percent regardless of the existing impervious percentage. (2)Required landscaping shall be provided in accordance with division 8 of this chapter. (3)Stormwater management requirements in accordance with W. (4)Maximum building height:Thirty-?ve (35)feet. (5)Commercial development standards in accordance with section 24—171 (f)Right-of—wayrevocable license agreements and uses restrictions.Outside seating for restaurants, coffee shops and sidewalk cafes may be operated by the management of adjacent permitted food service establishments,subject to the provisions of section 19-8. (QLQ,No.99-24-53.§3(Exh.A),10-14-24) A»: Agenda Item #9.A. 13 Apr 2026 Page 85 of 122 ZONING VERIFICATION LETTER APPLICATION FOR INTERNALOFFICEUSEONLY City Of Atlantic Beach PERMIT# Community Development Division 800 SeminoleRoad Atlantic Beach.FL32233 [:1 $100.00 ApplicationFee (P)9044475800 Please submit form in person or to APPLICANTINFORMATION NAME/COMPANYMichaelSinner o/b/o SouthcoastCapitalPartnership.LLC ADDRESS241 Atlantic Boulevard,Suite 201 CITY Neptune Beach STATEFL ZIPCODE 32266 CONTACTPERSONMichaelSittner EMAILmsittner@dn'ven'ncafee.com PHONE#(904]807-8214 CELL# PROPERTYINFORMATION PROPERTYADDRES 299 Atlantic Boulevard.Atlantic Beach,FL32233 RE#172531 0000 INSTRUCIIONS:A Zoning Veri?cationLetter con?rmsa property's current zoning district.future land use category,and allowed land uses.Copies of other documents (Le.certi?cate of occupancy.site plans,engineering plans,etc.)may be obtained through a Publi cRecordsRequestwiththeCityClerk.A $100.00 application fee is required before issuance of a Zoning Veri?cation Letter.Pleas eprovideanyadditionalrequestsintheareabelow. See attached. MichaelSinner SI N REOF PPL CANT PRINTOR TYPENAMEOF APPLICA “In lieu of signed.sworn and notarized signatures of the property owner,agent and/orcontractor,and under penalties of perjury,I declare that I have read and examined the foregoing application and that the facts stated in it are true and correct. " November 10,2025 ZONINGVERIFIOUTONLETTERAPPUCAWON01.29.2025 DATE building-dggt?gggbgus *i Agenda Item #9.A. 13 Apr 2026 Page 86 of 122 _L awn p n w.v \m ue-'vm ~.. ~2- w .-,-.‘--.."- 1 ,_ VH7 -. ‘\m \- H n . .;-‘v“ r . ‘ .._ -,I-.w.----: .\- , 7 ..--'-‘ ,.l'V ....._ DMI- DRIVERM‘AFEI; HAWTHORNEDIEBENO One IndependentDrive P (904)301. 1269Suite1200F(904)301.1279 Jacksonville,Florida 32202 www.drivermcnfee.eom November 10,2025 City of AtlanticBeach Planning/CommunityDevelopmentDivision Attn:Amanda Askew,Neighborhoods Department Director 800 SeminoleRoad AtlanticBeach,Florida 32233 Re:Zoning Veri?cation Letter Regarding Parking for 299 Atlantic Boulevard,Atlantic Beach,Florida 32233 Dear Amanda: Boulevard,Atlantic As shown in the attached exhibits,the new restaurant tenant replacing the Ragtime location will have 264 seats,resulting in a parking demand of 66 spaces under Section 24-161.In combinationwith the other existing restaurant tenants in the building,the total parking demand for the Property is 102 spaces.This is met by:(i)37 parking spaces on the lot at the comer of Ahern Street and East Coast Drive;(ii)12 on—street spaces on Atlantic Boulevard directly adjacent to the Property (allowed pursuant to Section 24-161(g)(6));and (iii)53 of the total 56 spaces on the lot south of Atlantic Boulevard (the “Monticello Lot”).The Monticello Lot is permittedunder Section 24-16l(f)(2)because those spaces are a maximum of 380i feet from the Property as demonstratedin the parking distance exhibit.Also included are the property cards and deeds for each parcel,demonstrating that all lots are owned by the same entity.Finally, pursuant to the Map B1 of the TransportationElement of the ComprehensivePlan,the portion of AtlanticBoulevard adjacent to the Property is neither an arterial nor a major collector roadway. Connected sidewalks and crosswalkscreate a safe pedestrian path from the MonticelloLot to the Property. Accordingly,based on the above,we request that the City veri?es that the parking depicted in the attached exhibits satis?es the Section 24-161 parking requirements for the Property We request veri?cation that the amount and location of parking spaces shown in it»: attachedexhibits meet the Land Development Regulations for parking set forth in Section 24- 161 for the existing and proposed commercialoperations at 299 Atlantic Beach,Florida 32233 (the .f‘Property”). .F! Agenda Item #9.A. 13 Apr 2026 Page 87 of 122 u Enclosures cc:Steve Diebenow Kristi Pecci Ricky Jackson A check in the amount of $100 for the application fee is attached.If you have any questions,please let me know. Sincerely, MichaelSinner Agenda Item #9.A. 13 Apr 2026 Page 88 of 122 Buss93.2 0969 3,.228 $83an 5655 §5E2. ”32“mm mNaNaNE o8«aE aaye« oe0NHNH a«aama 32.5%“523.5:28%Simian”E8 ”833$833%,“8520",“38358.58. “Ens:.5538:a 255 ENG—abom—UHHZ<HH<anMOE mum—Ud?mGHQ—K553QZ<mHZHEHM—Da n8 v a.“553.5: NH 3 935 on Q.5.35.5 33»a 33w...55.3 .82.Edged: “5.5,.8.55: £3865:83m 2:sz i=3“. zany—Sm Agenda Item #9.A.13 Apr 2026 Page 89 of 122 MONTECELL O PARKING COUNT STANDARD =56 MOTORCYCLE =0 ON STREET =0 BIKE =9 ‘x ~28“AB 5 NB -PARKING mm ATLANTIC &NEPTUNI sac" “"2015 FLORIDA "‘5”Immune LAYOII'I'.summons: IFGEND F JFNFERING ‘EASTCOAST DR PARKINGCOUNT(W/O LANDSCAPE) STANDARD =26 MOTORCYCLE | BIKE LO IO SPACES 57TOTAL mm?—IL" .‘12ON STREET s‘ PAcEspNATLANTICBLVDsaviour-? Agenda Item #9.A. 13 Apr 2026 Page 90 of 122 mw?mumOzm dQOEwmmm208.Egg AxammuSEwEchI amN man Agenda Item #9.A.13 Apr 2026 Page 91 of 122 .1 Piimary Site Adams Of?cial Retard Book/Page Tile #UTHmAST PITAL PARTNERSHIP LTD ——3%ATLANTIC853DSUITE201 100 19'SI"15348—01438 9421 NEP'I'UNEBEACH,Fl.32266 New”BeachF'-32255‘ 100 15f Sl' Proragga Detail ,,,,,ValueSurnm ia:at __.‘51727900050 m Texaim ‘r 0504 IRE“Immm I 1592 Shoppingmmimri Tot-IBulking Vlllllso.00 £927 #ofBiiklinis'IL.“A Emmm §000 50,00 ‘ IFm mm"legalmam see LIM Value (Mei-lint)$1,437,4_00_.00 $1,437,400.00 landaLegalsec?mbdai/li W $0.00 $0.00 mi113151ng W?Y £(?l?0et)__value $6,410.700.00 $5,410,700.00 26129 ”and Value $5,404,073.00 459444020 The saleofthis propertymayresultinhighs propeiv law.For morehfm'na?u'l go in see.gymwnv M $1,006,627.00l$9500“55320-001,sing Warm W?W-.'ln 003::muggy“andm mm 9000 seebdrm ‘ supporting in onon page are part e working are subject in “I“$5,404,073.00 Seememe.wedvaIueailsledmmewmmmeiyae?nseeem?edinOeWbalbutmeylinldeanyomdeldungesmadea?eree??ca?m ...‘ W Taxable Veins aid Exemptions——In Progms If!!!“are no m applicable to a taxing eu?iority,’ihe‘l'mble Value lslheume as ?leAueesedValue listed abwe In the ValueSummu-y box. Comb/[MunicipalTaxableValue SJRWMD/FIND1hxableValue School TaxableValue Noapplicable ecemp?nns N0 applicableexemptions N0 applicableexemptions Sales HI ?ay?!”Salaam Islam mm mm IVawIt/Imilmu 1534001430|8l19I2010 I5100.00 ‘gc Qumalm ”-IUi'iquall?ed IVaait 15m 6/11/2010 $100.00 'QC-Quthim Unaudi?ed IVecant W I4/10/1999$26,300.00 :wD-Miriam/Dad Unqualified Ivaan: Imam:Iii/1511997$907,500.00 5w Spedalen'erti/an??ep IVacani W I11i26/1991{$100.00 ch~-Quicealm Iulqueilled ‘Vatant m I3/1/1909Ismon 015-Miscellaneous IUnlzuafl?ed unqruvad W 12/1/1930I;100.00--us Mismllanemis‘IUl'iquall?ed irripruveil 2* 05542-001424/22/1903$100.00 .MS -Miscellaneous IUnquali?ed .Improved m 4/14/1903 $100.00 MS-Miscellaneous IUnquali?ed Ilmpluved 0 17 12/30/1099 $100.00 .Unlmown IUnquali?ed Emu .5593Features In:lam/gm Ihe?irenelu'b?on lIToIalUIin—Ill/due 1 macs I?replace Masonry 1 l,0 £1.00 I$1,220.00 I ,‘2 Mi:CoveralPa?o 1 ’12 £36.00 9209.00 a man weMasonry/0mm 1 i o I336.00 Is1. 547. 00 4 mm |Paving Asphalt 1 I0 l 6,605.00 |96,300.00 I Land&l.agal Land ‘ al I .,1m3“.gag,”IE2»;”’me m 10mm [WWI :"ng?? IE I2 INEPTUNERELAT I 3 ILOTS5,6,7,”LYINGN THEREOF 4 09:0 O/R6b75-233l,N lSFl'LOTa I51.437.400.0111ImooIcoMMERcmlump0.00 I000lCornrnonI26,136.ool5qua 5 am 29, 6 15-44 NEP'I'WEBEACHTam sec 2 5/0 |7 meme:p'r item 0 BK1519-517), Is PrmlaanECDO/Rmi-zm Building: Building1 5.310%gaff“Element Code Detail NeptmeBeadi?Jzzss-emailurwel I17 Imam | Rmfsuuct I4 I4 W000 Truss I Roo?ng Giver |4 I4 Builtnil/lee Ilu?l?ngmg I 1662-SHOP cm"sun Agenda Item #9.A. 13 Apr 2026 Page 92 of 122 Year110111 I 00anYell]: ‘3 $1,503,567.00 m...1::1:3 mm ,Base Area I 14959 14959 I14959 ICampy I950 0 I240 Immpy I2503 0 I551 ICanopy I234 0 I50 IPauo I456 I0 I23 canopy 321 Io .80 Base Area 352 352 .052 I333?""”9 052 as:41352 IPa?o 35 I0 32 Canow 20 Io s Thls PRC re?eds'properlydebilsandvalue5at the time of the original mallingof the Notices of Proposed Property Ms (TRIMNoam)InAugust. llmwn In‘tFloming 114510011119 Healing rue Illea?ngType IAllamd ICelllngWallFlnlshIcmml-ltguc ICm'lrnFl-arna Elana-.1 suns Iaams IRnoms/Unlls IAvgsuoryHelgm 5 ISDrywall 11 ‘ 11 (721'(mm 15 1s QuarIHrdTile 4 4 Bedrir: 4 4 Famed-Ducted 3 3 Central 5 5 5 CellWall Fln 1 1 NotZoned 3 I3c-Masonry Code 0.1311 1.000 48.000 15.000 10.000 CI I.. IExemption ITumble Value IlastYm IPmpnsad IRolled-hadl $0.00 $0.00 $0.00 50.00 50.00 $5,404,073.00 539,431.07 55,510,70000 {19,123.65 I$5,410,700.00 I513,907.25 I$5,410,700.00 I55,185.50 I$5,404,073.00 I5141.49 $5,404,073.00 I315,51450 55,404,07300 +539355,404,07300 5000 101315 I596,210.33 I592...._ ‘ $0.00 543,374.17 540,943.95 519,541.12019,198.12 514,411.25 $13,755.08 $5,410.70 I56,410.70 5155.54 I$145.91 513,10795 517,257.37 5955__‘_592031 50.00 ’ 50.00 $103,349.78 I$98,637.45:mueuI.54,912,79400537404763500 The PRCaccessed beluwre?ecls property detailsand values at the lime of Tax RollCerti?cation"m October of the year Hm. ,GenGM Bendix 55.404.073.00 PublicSchools:By State Law 15,410,790.30 Ilay LocalBoard .$6,410,700.00 ISdlool BoardVoted $5,410,700.00 H.Inland NavlgauonD151.55,404,073.00 llapnme3991 I55,404,073.00 IwasMgrm015:.SJRWMD I55693197300_ |UrbanSavlce 01:14 55,404,073.00 | {NM Lung:Value ‘ last Your i0,§g,§00.00 611nm!Year $6,410,700.00 WWEBQ Property Record Gard (PRC) 29.25 21125 2023 29.22.To obtain a historic Property RecordCard (PRC)from the Property Appralser's Of?ce,submltyour request here: More Infonna?on mm "EEK; Agenda Item #9.A. 13 Apr 2026 Page 93 of 122 Prim Site Address Of?cial Recon!Book/Pa 0 Tile #a?“”Mm‘ir?g?g?m?s’mLTD 0 LEMagiviST 15348-01438 9 872 1—NE’TUNEBEACH,FL32266 "elm”?m“F'-”255' 0 LEMONSl’ my Deni! 0-13., ValueSurnma IRE#51726420000 ‘9'!”MP5?__._.__,W 3.9mm 9"];ng 10504 W “m "W W}! 1......"FEE.W-... M I 2891ParkingLot TotalBuilding Value $000__29‘29‘_ 733-5717871170;”1‘'.1___m m Famine Value $11,513.00 I$8,513.00 3......Wm ”M ""“W midi-1001mm)3391,8721; ,3. 53917875130 ”9"”'5‘:.Land5.Legal secuonbdrm Wang.)ELM...$0.00 W !MEEWE 801mm SECZ ,.3 7 i??a?mlnhlue $400,388.00 *3 ?gmm z-rmlmn'7500 m;_wwv:lna $400,388.00 £00m mwed?mmwmnhhqummwwmmwmém SHE/”mull?”MliEiL .$°°°/*°°°, W ‘$93an on this page are a??mm mm to Tm $58.60 3:-:3 change Cem?edialusllsiedhulevamesmmuwaremmmommMm” indudearlyo?idai mamamademm?csum _..; W Taxable Values and Exemptions -In Progress "?lm an menstruation 000000010000lazing authority,?atm?ehmh?lemumam Vlluellted shave II’IHIIVIIJQ Simmmybox. County/MunidpalTaxableValue SJRWMD/FINDTaxableValue Sdiool TaxableValue N0 applicable exemptions N0 appliable atemptions No applicable exempiians sols H1080 05001000:$010 0000 Sale pm:51W WW vaanurmpmea I15348-01438I8119/2010 $100.00 Iqc Quithlln-,"1171010001"A“F ”lVacant | I15m I8111/2010I$100.00 Qt;-0001:11le Unquamlncl Vamnt I03101310100 ‘ 8/15/1997 $507,500.00 sw-800001imam Qualified Vam Extra Features 1m IN Ifamn 000013000 Highs-1m imam 101:1Ill-ll:Value ‘_I1 Ii’VACl IPaving Asphalt' 0 l 0 _I0.125100;-' $6,883.00 I2 ILPMCl I09111Pole Metal 0 I0 an 2.00 $1,083.00 I3 Iu-rc1 Inglningm 0 I0 I0 I200 $547.00 Land &Legal Land I l LN Code‘line11001110000Zia—?ingw 810000901 0:09303!Land0101000510:unll Valu:ui 190090113001. 1 I100)03MMERL‘IALIlidb 0.00I000ICommon57,125.00 Ismré'rmlagqsgmum1I153721-Ei915064 2 Immunemmseczs/p |3 l 101 82 Buildings No data found for this section {mm 2w Val»:13010103110110{1011301000100 “0011:"IW IBallad-hack IGen 5m Beadle. ‘ $400,308.00 1$000 ._$400,380.00 $3,213.51 I$321359 $303354 IpunllcSchools:BySizbe Law $400,388.00 l$0m imam-00 $1,730.01 $1,239.20 $1,199.04 8;LocalBoard $400.38800 ;$0.00 $400,38800 $90008 $90007 ’ $859.15 SchoolBeam 10081 $400,388.00 3$000 $400,388.00 $400.30 $400.39 $40039 |Fl.inland Navigation Dist.$400,388.00 I$0.00 ,$400,388.00 $11.58 $11.53 5$1081 I Neptune 80:00 I$400,388.00 1000 ’$400,388.00 $134755 $1,347.55 $1,278.60 wm Mgmt olsl.smwno $400,388.00 $0.00 $400,388.00 $71.79 $71.79 $68.19 UrbanService 0814 $400,388.00 $000 $400,388.00 I$0.00 $0.00 $0.00 .2 Tolals I57.18205 $7,184.12 $884072 I 2919101220 W Tm“!‘12!!!I ’52W “991399-90 00010111Year“00.38800 $0.00 $400,388.00 mm ThisPRCre?ects property détails and value at the time of the original mailing of the Notices of Proposed Property 13x0:(TRIMNotica)in August. 40 Agenda Item #9.A. 13 Apr 2026 Page 94 of 122 “n,.c u n w. Properly Record Can!(PRC) The PRC accessed belowre?ects property details and values at the lime afTax RollCerti?cation In October of the year Ilsmd. 2025 392 —}mg 2017 2916 -To obtain a historicPmperty ReuotdCard (PRC)from the Property Appraisal-“sOf?ce,submit your request here: More Information MILL...“WIGLJSMBIMMIQDLW Agenda Item #9.A. 13 Apr 2026 Page 95 of 122 5.: ..,I‘IJ|;:l ’ la 7; .1 .43 . lav --»A 1-._~I1+1 I ,‘I ‘KAI.) ‘ _ ——“—h ,‘l“7 “-7"f.I ‘. w l I l '- 241 ATLANTICBLVDSUITE201 233 ATLANTICBLVD 15307-00300 9421 NEPTUNEBEACH,FL32266 "emu“BeachFL32266- 233 ATLANTICBLVD Pm Detail Value Summa an imam?»V5111!9.11.9119»,30am 302510 115551 4. W 10504M‘—Value Hound am M mm:—[:39,man,at 761:1 500301.Value 3000 l3_11__ . 00 #ofuullulngs'"3 "“4 am ram Value $10,195.00 s_1_____0. 195.00from“.ma‘mmm _ mm Value (Men $601,346.00 $501,346.00 “"‘w‘[Lamalagalsec?mbdow lemma 4000 30.00 mm .03140 0970116 BEACH760 sag2 Just (Maria!)Value $611,541.00 $611,541.33 7‘“k“we .....1°91:__ 3 ,,Ans-nu Vllua $611,541.00 $611,541.00 Thesaleofullspmpetymaymlthhlgha’properlylaxs.Formaemfonna?mgolnm CIPVWIMWWM3000/5039“”JO/$039 (LI—Hawswwrmmm 'Iangrafprnpatl/valus,m?asand gnu—on;3000 See‘m‘““ other supponlnglnformallonon Illlspage are partof the walking tax rolland are added:in 11ng V11];$611,541.60 §m~~ change.Call?ed values lmd'01 in:ValueSummary are lhosecerti?edInOclnber,butmay 11...... lnoludeany of?dal change made after outl?cailon ..-.1 .-—.Jun-z W Taxable Values and Exemptions -In Progress Heller:are noaxunp?ons apvlleablanol ?lling IM,durum-Vamumoumuulemdwlue?stmam in?loValue Summary box. County/MunicipalTaxableValue SJRWMD/FINDTaxableValue School Taxablevalue No app?-ble exemptions No applilable exemptions Noapplicable exemptlons Sales Him “lg"!!!53'?Date Sale ”'09 ,W 9W Vauntllnwmed 1%6/11/2010[3100.00 00-01110100'''’[Unquali?ed1 :1W [ W 8/15/1997[350750000 5w -Special Wananty [Quali?ed [vacant [ Em Fauna in m 56mm nascrlp?on Bldg.angel we:[TohlUnits [Value 1 WAC!Paving Asplmlt o 0 0 0,06600 [$8,565.00 2 11mm 11901Pole Metal 0 0 [0 .7.00 [311083.00 3 mm [Llyhllng Fixtures 0 0 [0 [7.00 [3547.00 Land 11Legal Land 3! 111 m Unnamwo?zgmgm;From:063111umuylundums m LandValua m[l.g_aloucr_lguon [ 1 1000[COMMERCIAL[N130 l0.l000.00 [Common|10,_933.56[sammroolage3601346001hid— 142145296251 [ 2 [NEPTUNEBEACHTERRSECZ5/0 [3 i101BEl(EXFTRED)0 611519-517, [4 50/014500711,15605-2330) Buildings No dam found for this section [MaenodValuo [Taxablevalue [LnnYuV [ProgonadI mud-back[GenGovtnames 3611541.00 [3000'3611,541.00 [34.9003734,900.35 [34,633.34 [Publlcsame:aysure Law $611,541.00 30.00 $611,541.00 3111901011[$1,092.72l$1,031.30 [avLocalBoard [$611,541.00 [3000 $511,541.00 31,374.75 [31,374.74 31,312.24 [SchoolBoardWind [$611,541.00 [30100 $611,541.00 3611.54 [3611.54 3611.54 FLmumNavlgallon Dlst.[$611,541.00 30.00 $11,341.00 [317.61 [$17.61 i 316.51 Nepllme each [3611.54100 30.00 [$611,541.00 [32,090.21 [32,058.20T31.99.90 [Water Mgmt Dlst.smwma [$611,541.00 30.00 $511,541.00 [$109.65 [$109.65 '3104.15 [ [UrbanSen/lee0m [3611,541.00 130.00 $611,541.00 3000 [3000 l 30.00 [ [[majs 310,971.02 310,972.01 [$10,462.06 Wain!!!"..105111-14 Walleye 5W!!!.mic 11.331!!! 3 unVigr 331154300 361134393 33.33 3611533.99 001360316..-$611,541.00 3611.541.00 30.00 $611,541.00 W This PRCre?ecs property detalls and valuesat the lime of the original malllngof the Notice:of Proposed Property Taxes (TRIM Notices)InAugust. Agenda Item #9.A. 13 Apr 2026 Page 96 of 122 m;‘1 Property Record Card (PRC) 'i’ne PRC amased below re?ects property detailsand values at the time of Tax RollCerti?cationin October of the year listed. -..,. c To obtaina historicProperty Record Card (PRC)from the Property Apprdser's omoe,submit your request here: MoreInforrna?on mimlmuwmmmmlmw Agenda Item #9.A. 13 Apr 2026 Page 97 of 122 wall41!; m. 20 15 4‘5 1 3 4436.13 I7 Primary Sitelddrss Of?cial Record BooklPage Tile #UTHOOAST IT —:1Ammc ?w?p?wp LTD 299 Ammc BLVD 06053412091 9421 NEP‘l‘UNEBEACH,FL32266 “antic 59‘“FL32233” 299 AMNTIC BLVD Pm 1 Detall Value Summ RE 1/{1725310000 Flt-s We Em”2931M TEE!BEEEL“(1503an Marl-adVlnmme.lmnme mm 1692 W9 (:11de 7""“MW “'9 39:99.W 1.1.-32%.... #ul'Bulldhga 2 'A 'W 1.»lxln FutiIIIValue smoowmn$0.00 ' F“m boil we 1.1mValue (Market)$303,530.00 $339,53000 .mlegamar._Land81 legal sedhn helm"WM)$0410 ,.50-00 .W 03146 mumsm TERRACE_1115(Harm)Value $3,872,700.00 $3,876,800 noun/1m 17637 Ass—Wam-$3,072,700.00 $3,876,800.00 ?esalen'mlspmpMymayrsmthhlghermpe-lym.Formoieln?xnm?mgomm Cavnf?IMbmh/Amt SON/$0.00 “WIN-00 ma?wrm-'mmwmwmmmam mm $0110 58'3wao?wrwppm?nghfnma?mm?ispagemepmtafhewo?dngmdlmduesmjedm A V!“113,371on6 See—mmangeCer??edYalua?smtheValueazmwa/emmeou??edlnommM Inwdeawo?d?dnmsmdeafmrw??a?mlémmmenmm W Taxable Values and Exunptlons—In Progress If?lu‘!l?m exemption:Im??l??111I IIXIIIIIMP],mtmuewme {smegma ashamwluollsud lbw:In?nllalua Summarybox. (bunty/Munldpal TaxableValue SJRVlMD/FINDTaxableValue ‘SchoolTaxableValue N0applicable exemptions No applicable exemptions No applicable exemptions sale Hi MI "39'5'“”a"3'“"'9 MW WW '“9"".‘W ,06063-02091 I12/30/19851990.00 |M911190911111900;'9171100501100_ ' llrmmved ’7 I m I3/12/1906 I9100.00 MS-mam Unquali?ed Irmmved W I12/20/193 .1100.00 BE -Mm Unqual?ed 1W IW I3/1/19119$100.00 MS-Mm Unquall?ed Ilium/ed | Em Features PM Fauna Pentip?on 111113.~‘1.113111 1‘Wu?l'g—Total 111.11:£11.11: Iwmc1 IwuiNaomi/Brim 1 |0 ’ £60.00 I$329.00 I {M001 Iramewm 1 I0 I20.00 I$93.00 IFVYCI IFenceVinyl 1 I0 l22.00 I$270.00 land &Legal land I I.N:mIUnDacrlptlnn mi m 0.311113mlwmmgm landValue mlugaipuuipuon 1 I1000|00110Ekc1ALlACBD " 0.00 I000Ecol-1m15.24500 ISquarel-‘odiage;$s38,530.001115-3421-3-29E35 ATLANTIC05/1111151m 5/0 1.0151TD4,010.055)ALLEY, 5-09 AM 115/101 5 151-11017101010150er 9 Buildings Building1 35311”WWW 12w:9.1. AtlanticBeach FL32213-i Babel-lotWall ________ f Imam lNall BulldlngTy-po 1601-SHDPCIRNBHD n stm 3£?1m_,:1&1 .Roof-mew'gmggug_l.$613,563.00 Mm: I1111:Flooring Ime it:New IEfbc?ve I111;Flooring_ 1. "‘1'"‘i'IHeating Fuel l Base Area 5000 I:6860 6850 I Hee?nuTm lcam see 166 I N,and Comm 510 I128 can:Wa.?nish gas“400 400 I304 0111111my31AC |CommFlame 20mm 1500mm 401101111115 43:11:00/199 suywaii 7mm: 3mm QEectric 4Forced-Dinnd 3CEnlral emceiY/annn 1N0t2bned BIZ-Masonry IBu<35 1).,‘2‘ 23456 Agenda Item #9.A. 13 Apr 2026 Page 98 of 122 Total 8516 7340 I7538 I am code mun game:1.000 | |name 21.000 Rums/UNG «on Avg StoryHeight 10.000 I ICommonWall |10.000 I {W IAseueedValue muons rut-0|-Verne Lemreu proposed norm-beck IC-bnGovt0am I$3,072,70000 150.00 |$3,072,700.00 [029,136.00I$31,003.06 I$3,341.51Imm:sums:By sameLaw I$3,072,700.00 I30.00 |$3,072,70000 311,753.93 I311,306.01I$11,597.9 IBy LocalBoard 133,072,70000 I30.00 I33,072,700.00 $0,545.55 $11,705.83 50,310.04 |5m BnamlVoted $3,072,70000 ‘*$0.00 $3,072,700.00 I93,001.40 33,072.70 "13,072. 70In.Inland Nat/19amDist.Iss,072,100 00 35000 03.07270000 I1104.55 $11153 310455 Atlan?c Beach [$3,572,700.00I0000 {3,072,700.00$10,313.17$11,002.34 $10,139.55 Waoer Mgmt Dist.SJRWMD ,$3,072,700.00 9000 I33$3,072,700.00 $550.00 $34.30 $559.52 UrbanService01513 I$3,072,700.00 [0000 |335727000000.00 |59.00 |50.00mus350,305.55 |$57,455.85 $04,075.75 Just10115_AssessedValue_Tunable Value[eetYeer $3,001,400.00 TIW$3,630,121.00 $3,630,121.00 _ Currant Veer $3,072,700.00 $3,072,700.00 $0.00 $3,m,700.00 W ‘l'ftlsPRCre?eclspropertyHéiéllsand veiluesat the time of the original mailingof the Maria of Proposed Property Taxes (TRIMNo?oa)in August. Property amen:Card (me) The PRCamased below re?ects property detailsand values at the time ofTax RollCerti?cationIn Octoberof the year listed. :025 3024 2017 2016 20.1.4. -To oblaln a historicProperty RecordCard (PRC)from the Property Apprdser's Of?ce,submltyour request here: Morehrformation Mlmlwlwmmmelwm ?mf Agenda Item #9.A. 13 Apr 2026 Page 99 of 122 ..1.I.4... II I um .I .III . .II,-I”. 4.,ImI ...wl -I-.IIv »...I nu man I i -:..:I_...II V J;I .I-I .-I I».III ..I ..I n»w —.»-II..a ,..I,I.I . I I «I .-II-v-n :‘l'W"-II-.I .I II .r.~I '---.-.-A ”I ~r...I ..z,_. \.I-:III AI--.I‘m-m l <,1 '.I ~..I.em."I-I I-II-K i* I-z = I.II ?ak . l...,my _....1,.f .I WI».I ,'...: .~'II II ..I .“,3,......,—-. I a I III ..I.I.. II».-,L III .I.I - - II .I:1r:.. MI -I MI.- I. .I.” I ' .I-I-~.-a.II-I I n - it£1§i??lu:24§.9?.v3.34.55).}..3141111...‘...l...454.|.?...5x...(sjv.£15257121..xiii?éi.52..13%5.1a)3..¥.!..51.4.3..5.....l.:r.3.2%_:1.2311115...3.4....41....)32:.......Jiilu?u?s‘wux).3|.”.J.|I.._.....".o...:.m...‘~....... Prepared by: Kemhicl D.Smith,Esq. FDIC Lee-IDlvhlon 1601Bryan Street Dallas,Texas 75201 Return to: Bert C.Simon,Esq. Gunner.Brock and Simon 1660Prudential Drive,Suite 203 Jessamine.Florida 32207 QUITCLAIM DEED This Quit Claim Deed is made this _H_day of June,2010,by the Federal Deposit Insurance Corporation,as Receiver for CapltalSouth Bank,whose address is 1601 Bryan Street,Dallas,Texas 75201 (the “Receiver-"Land Southcoast Capital Partnership,Ltd,a Florida limited partnership,whose address is 1600 IndependentSquare,Jacksonville,Florida 32202 (“Landon/MP). RECITALS: Whereas,Southcom Capital Partnership,LTD and The Monticello Companies,Inc. entered into a PerpetualEasement Agreement on August 15,1997,recorded at Of?cial Record sBook8701,page 2009 of the Public Recordsof Duval County,Florida (“Original Easement”), Whereas,Southwest Capital Partnership,LTD and The Monticello Companies,inc. entered into an Amendment of PerpetualEasement Agreement to amend theOriginal Easement, on April 30,1998,recorded on May 7,1998 at Of?cial Records Book 8936,pages 1020-1027 ,Doc.#98107886 of the Public Records of Duval County,Florida (the “Amendment”).The Original Easement as amended by the Amendment is referred to herein as the “Basement Agreemen "Capitalizedterms used herein,but not de?ned,shall be given the meanings given in the BasementAgreement, Whereas,Monticello Bank (and any subsidiaries,if any)merged without assistance into CapitalSouthBank on September 15.2007; Whereas,the State of Alabama Superintendent of Banks C‘Supe?ntendem”)closed CapitalSouthBank on August 2],2009;and Whereas.the Superintendent appointed the Federal Deposit Insurance Corporation as Receiverof CapitalSouthBank on August 21,2009. WITNESSETl—lt That the Receiver,for and in considerationof (1)the sum of Ten and no/100 Dollars ($10.00).in hand paid,the receipt thereof acknowledged,(2)Landlord‘swaive of Receiver‘ 1 Doc #2010163761,CR BK 15307 Page 800,Number Pages:8,Recorded 07/15/2010 at 01:26 PM,JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $69.50 Agenda Item #9.A. 13 Apr 2026 Page 100 of 122 1.1.33...3.}1136354134341313gigi‘?zs?iz??J?Jixi.3...:.::1.....r.1.1..1..3..i...d.31.1.;.1.”initial.iuuavs?uk.5...]ix...7u§....9)d.31wu..a...“3.4.1:.4.)....n.~1|.:53..1u..1.4.1.:“5.5.1.1333.” OR BK 15307 PAGE 801 non-compliance,if any,with any provisions of the Basement Agreement,[3)Landowner’ swaiverofanyrequirementthatanyparty“shall remove [the]ATM and shall leave the underlying area broom-cleanand in good order and condition,reasonablewear and tear and casualty excepted,and shall repmall damage cursed by such removal,”and (4)Landlord‘s agreement that Receiver shall incur no past,present or ?rtrne expenses concerning the Easement Agreement.including,but not limited to tangible personal property taxes,and ad valorern real property taxes attributable to the ATM and the improvements located thereon levied and assessed,Receiver has reamed.released and quit-claimed,and by these presents does remise, releaseand quit claim unto the Laudovmer,and its heirs,successors and assigns forever,the following describedperpetual casement (“Easement’?concerning the property located in the County of Duval,State of Florida(“Property”),such Property described'In Exhibit“A",attached hereto and incorporated herein for all purposes,and such Easement concerning the Property described'in ExhibitBi and W attached hereto and incorporatedherein for all purposes. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances thereunto belonging or in any way appertaining,and all the estate.right,title,interest,lien, equity and claim whatsoever of the Receiver,either in law or equity,without covenant: representation or warrangr of any kind or more,express or implied,with respect to the Easement concerning the Property,to the only proper use,bene?t and behalf of the Landowner ,his heirs,§l_t_ccessmsand assignswforever. This QuitClaim Deed is made for the purpose of tenninating that Perpetual Basemen tAgreement(concerning the Easement)dated August 15,1997,recorded at Of?cial RecordsBook 8701,Page 2009,Duval County,Florida Public Records,as mended by that Amendment of Perpetual Easement Agreement datedApril 30,1998 recorded at Of?cial Records Book 3936, Page 1020,-DuvalCounty,FloridaPublicRecords. IN WITNESS WEREOF,the Receiver has hereunto set hisfherhand and seal the day and year first above written. Signed,Scaled,and Delivered Federal Deposit Insurmce Corporation,as in the P cc of:Receiv l'or CapitalSouth B /%? ' ;;3 By: Signature of Witness Name: M T'rl :Att 'F t'?mt é.Mme;'°””1"“mt Name 0 Witnss Si of Witness N of Witness Agenda Item #9.A. 13 Apr 2026 Page 101 of 122 :93!!!rA.£381.:313.1191};1111131312211?!fu1£§l?¢14...}.11.;?sh—f.SKJVJJ5:..5iad1.535.175..la..§...q..1\uui....».v$1.31..1:Vivi...viii-.11....?xatiti :.4.x STATE OF TEXAS WWW! COUNTYOF DALLAS The fore ing instrumentwas acknowledyd before me this LEEday of June_,2010, by it)?IeAnomeyinFactof?leFederalDeposit hrs 1:ration as Receiver for CapitalSoudr Bank,on behalf of corporation.lie/She is personally known to me or has provided as identi?cation. is mwgg?gm W W W =5 “mama”Notary Signature Name: My CommissionExpires: wcor:tance b and nsent ‘ wner and ReleasT-é'f~Receiver Southwest Capital Farmer-ship,Ltd.accepts delivery of the foregoing QuitClaim Dee dandconsentstotheterminationoftheEasementAgreementasdescribedintheQuitClaimDeed ,and Southcoast Capital Partnership,Ltd.,for the consideration as set forth.hereinabove,releases and discharges the Federal Deposit Insurance Corporation as Receiver for CapitalSouth Bank from the Basement Agreement and all imposed past,present and futme duties created underthe Easement Agreement and all other obligations created by virtue of the Basement Agreement, basedupomorin anyway arisingorgrowingoutof,resulting ?om,eonnectedwith, orinarrywaywhatsoeverrelatedtotheProperty,theEasemertt,andtheanmentAgmcment. Southwest Capital Partnership,Ltd., a Florida limitedpartnership By:BeachesComer.Inc.aFlorida corporation,its GeneralPartner Byz’JIw/LC‘ PrintName: Title:V Date:‘7 EWIW W Wm 00‘(mead III-I)W-IM OR BK 15307 PAGE 802 Agenda Item #9.A. 13 Apr 2026 Page 102 of 122 STATE OF FLORIDA COUNTYOF DUVAL The fo oing inst cut wasacknowledged before {no is it;day of , 2010,by §A?d WMg ,tbs V 'of 8& thCorner,Inc.,a Florida corporation,the General Partner of Southcoast Capital Partnership,Ltd.,a Florida limited paImerslIip,who is either personally known by me Wed-used Notary Public,State of Florida at Large. My CommissionExpires: Serial No. in!I ..Ir...l.:..|l!(.$.1 . ORBK 15307 PAGE 803 Agenda Item #9.A. 13 Apr 2026 Page 103 of 122 -.n. u-v .. mm WM"mm W?1.mmmmdww 2.m?mmm Bantam p.102‘ XanR..&E_.1JI3lJ4.:3.943.335:3...$1.13!..11....n2§..u?..is:13,3.43...,12;,...{11151144.}33....2531—{Al135”913:1..311u591assféw_.51.53...In?‘u‘w?lax1.5:».Juljnqi3....1:..§13.5§(!..J in....‘.z OR BK 15307 PAGE 804 Agenda Item #9.A. 13 Apr 2026 Page 104 of 122 .1 Lu.”.H.13.11-«4 ..u ‘.s..: Book .935 P.10a MIT'A' mal.ummnwmmwnzu?gwmwmm inn-cm mwun?hmubhnadsdm cmmhmn. [ESSANDIXM mmemumdssmmdmamhmmmmm Baal “mumsndmmnuumdmnwnmm -7"... 33:431.]4a341}:13.37t1?74.1.13.....4513....5.....l.-.,iz....:1...a$31.33..wu?iiag?kiaae?.....¢4.........41,...1s.l53335.1...»aiqwz‘n1.5:...1113311?#1131:.J”.3114.:37.1.5.}.13 ,7.1%.:.1319: 0R BK 15307 PAGE 805 Agenda Item #9.A. 13 Apr 2026 Page 105 of 122 r»; ~41“5.1.,an...3.723.354»!3.13591,:15..nv.....:n:..;.:i!311.535........?attgug.‘T}.x....!d......t:.5344......I!!.I..,(T:x.SJilqyi.1.c13i.1.51.1.1a)..2...inguifii.3..5.29351}..l..l.!.ai OR BK 15307 PAGE 806 .‘1'.- mum:"3-1"WP 0F W Apnormsammmrmsecmzumuhmm Int-punch ammlamdmdcm.mwgmmwumm Fu‘wimoIMm-nunhmwornidmu:mmlym wmwmhdmmmwmmulmduso Mhmwi??h?nnh?mwnuwlylbugs?dMW-mlhn amusm recall“:Mammal-Hon“WWW“!lint-I nlunIuMylheormmmfumieuuemhlnay.amHinBookl'rol,mmmmawmmmamonmru;m Wyn?mun??h?wnidmhdyr?u?mh?mmm Munidhlinniu. loo k 893‘P.1086 J 721N776 .‘30.4/1.1!VA 30 {37.27:gaze Mr.p) _....._..__....”'_Warm 1 Miami!"may *5.3 g t m”)I WW,” 'aw»-\I ”7’5???“ /1 |\Z9”r’” w ‘\ \I ,- V:L _\9‘u ‘-\\a r \1.\0a1/ §1 z"\ 7m 15.4 our “41/mem7013:;MW Agenda Item #9.A. 13 Apr 2026 Page 106 of 122 Mr,Wl???’?wd?a‘WW5“:WW unuormaa.mmcummsmmz.”mmnwmu. rm?ormcmmnmcmsmnmnmm.MRI“. Ind:5935 Pg 1.027 Exhibit “5-2" «4724/5’774'??/IAJVARP l‘—"'1.9'.I:m M . My Ola-D_-1'/905W mqum m ————-----._.,...—.——..._..._.... 5-‘h-?-IO'S.‘'-‘._oriAu~‘~-<”mung"man ‘N\'x“A 7M (A5lerIT '5’1 “WW3%- l '11!mane ms or ms SERVE!15 ID mm “KIT nus I!mm.mm:MCI,“D. m!mmummrmmun :11er I'll 4mm nun mm um!m m. -nn.ounnnrmmmmnumctm'mmtmmlmmmnmun W W I”WC PM.W SIM!"- qt—””11",.qu Mm ‘.du~-??nch-r u—M’d “AMI 311...!31..?«11.35.:in?!(wink/.7.43"}..12...8.13.1...Jlufwsltd.«$11.4.x53:12:31}...1......J. OR BK 15307 PAGE 807 Agenda Item #9.A. 13 Apr 2026 Page 107 of 122 1 V‘\.1.I ,may};5 4-115and . I ’‘a ' 21:; ?ma Laurence D.Lovet?‘ 1!! f *i'L'xw-WATIY,1— (( 9 V?t??'?5960283 eEFImA-z;ascunos LEE THIS INDENTURE,made and executed this let day of. and between RADFORD D.LOVETT AND IA'D'RENCE D.LOVETT,-- "Grantors,"whose addresses are 1010 E.Adana Street,Jacksonville;” Eiorida32202,and SOUTECOAST CAPITAL-PAWRSHIP.1411)..a FIDIidEL'Limite d Partnership,whose address is 1010 E.Adams Street,Jacksonvilleh32202,hereinafter called "Grantee;"' H.1TNESSETE: The Grantors,in consideration of the sum of Ten and Nun/100Dollars ($10.00)and other valuable consideration to th-in hand paid by the Grantee, the receipt whereof is hereby acknowledged,have granted,bargained.sold, released,conveyed,and transferred and by these presents do granty bargain, sell,release,convey and transfer unto the Grantee,its successors and assigns foreirer,all of the estate,right,title,interest,claim and demand which the Grantors have in and to all of the lots,pieces,or parcels of land owned by Grantors and situate,lying and being in the County of Duval,and the State of Florida,more particularly described in Exhibit "A"attached hereto. TO HAVE AND TO HOLD the some,together with all and singular the easements.tenements,hereditaments and appurtenances thereunto belonging or in anywise appertaining,and all the estate,right,title,interest,claim, demand.equity and lien whatsoever of the Grantots,either in law or equity,to the only proper use,benefit and behest of the Grantee,its successors and assigns forever. FLORJDI32101-EST-m:a,mas,AttorneyatLaw,aowas Grantors are limited partners of Grantee andthis deed is given as anadditionalcontributiontothecapitalofGrantee. IN WITNESS WHEREOF,the Grantore have hereunto set their hands and seals the day and year first above written. Signed,sealed and delivered inrt‘he presence of: ya»-0/ogre?“ Radfo D.Lovett STATE OF FLORIDA COUNTYOF DUVAL Before me personally appeared Laurence D.Lovet‘t and Redford D.Lovctt to me well known and known to me to he the individuals described in and who executed the foregoing instrument,and acknowledged to and before me that they executed the same for the purposes therein expressed. WITNESS my hand and official seal this let day of March ,1289. (AZ—J.".-—"-4/ Notary Public,in an ._ County Aforesaid. 233070 Ina. Agenda Item #9.A. 13 Apr 2026 Page 108 of 122 ... r,7 AV .-~. ‘.... » -.;-....=.5: ‘.- ._x v --' ,._'.x A ..I ‘~.. 4‘, _..x ..-.U :l n ‘.r -v ‘\'‘' ‘‘>r K.L g ,-:-4 .=r.M.“..‘- —-..-.- .V?LSE'ISFBQZSla @FFHIIN.EEOC-RES EXHIBIT "A“ Parcel I Lots Five (5)Six (6)and Seven (7).and Unnumbered Lot lying North of Lot Five (5),said Dnnunbered Lot being more particularly described as being bounded on the North by the South line of Atlantic Boulevard as now established and as widened by Deed "recorded in Deed Book 238.page 414,on the West by the East line of Florida East Coast Railway.on the South by the North line of Lot Five (5L and on the East by the West line of Continental Avenue.all in Block 29,Neptune,according to Flat recorded in Plat Book 4,page 46.of the current public records of said County.The property hereinabove described being located on the southwest corner of Atlantic Boulevard and First Street in the Town of Neptune Beach,Florida. A part of .the former Florida East Coast Railway Company right of way adjoining Lots 6 and 7,Block 29,Neptune.as recorded in Plat Book 4.page 46 of the current public records of Duvol County,Florida,described as follows,to—wit: Commencing at a pipe located on the Southwesterly corner of said Lot 7,run Horrhetly,along the Westerly line of said Lot 7,a distance of 9 feet to said point of beginning;thence run Westerly at right angle to the Westerly line of said Lot 7.a distance of 15 inches to a point in the said former Florida East Coast Railway Company right of way.thence run northerly parallel to the Westerly line of said Lots 6 and 7,a distance of 68 feet.to a point.thence run Easterly at right angle to the Westerly line of said Lot 6.a distance of 5 inches to the Westerly line of said ”Lot 6.thence run Southerly along the Westerly line of said Lots 6 and 7,a distance of 68 feet torthe point of beginning. Force]. imbe‘southerly Fifteen (15)feet of Lot Seven (7).all of Lot Eight (8)and that certain unnumbered Lot,or strip of land. lying south of Lot .Eight (8)between said Lot Eight (8)and Atlantic Boulevard.as recorded in Plot Book 5,page 69 of the current public-:reco‘rds of novel County,Florida Lb-te_.oneu(1).'No (2),Three (3),Four (4),Five (5)and Six (6),"3Atlsntic Beach Terrace,as recorded in Plot Book 15,page 3!:of ”the current public records of Duvsl County,Florida together with that certain 15 foot alley bounded on the north by the south line of Lot 5 and 6 and on the south by the North line of Lots One (1)through Four (4). SUBJECTTO: (1) (2) Easements,restrictions and reservations of record. All outstanding leases whether or not of record. Agenda Item #9.A. 13 Apr 2026 Page 109 of 122 ?si‘~€'.43A lt'r r11"U.H!v.1 .7\ OWNER'SAUTHORIZATIONFOR AGENT City of AtlanticBeach Community DevelopmentDepartment 800 SeminoleRoad AtlanticBeach.FL32233 (P)904—247-5800 :03 ADDRESS 299 Adanllcsaulevardand oAhern Street,Atlantic Beach.Florida32233 OWNERINFORMATION NAMESouthcoastCapital Famushlpm? ADDRESS24]AtlantkBadevard.Suite ZDI CITYAtlantIt‘.Beach AGENTINFORMATION NAMEDriver.Mee?awthome &Dlebenaw.PLLC ADDRESSIIndependent Drlve,Suite 1200 CELL6 STATEFI ZIPCODE 32202 CITYJacksonville bemffof SouthcoastCapltaIPannetship.LLC the attacheddeedor other suchDriver.McAfee.Hawthorn“:Dlebencw.P is hereby authorizedto act on the owne?s)of those landsdescribedwithinthe attachedagplicationand as describeclin proof of ownershlp as may be required.in applying to the ?y of AttamicBeach,Fb??lor an applicationrelatedté’a Development Permit or otheraction pursuant no: G COMPREHENSIVEPLANAMENDMEN TE]BUILDINGPERMIT [j USE-BY-EXCEPHON D TREEPERMIT ZONINGVARIANCE [j PLAT.REPLATon Lot DMSION [j SIGNPERMIT [j ZONINGMAPAMENDMENT E]OTHER signatures of the property owner.agent and/orconicactor.and underpenalties of "ln lieu of signed,1:and the fomgoiru application andthat the facts stated In it are true and correct. ‘perjury,lde a l ave ad Din[\I ’La.)_93.33517?7‘»L333]’2',"'3':30‘l L}19 ”'13, -SIGNATUREOF PRINTOHTYPENAME DATE MichaelShow:10.1325 SIGMA RE ‘GENT PRINTORTYPENAME DATE OWNERSAUTHORZQNON95.05. SFATEFl ZIPCODE3226 PHONE!(904)807- CELL PHONE? Agenda Item #9.A. 13 Apr 2026 Page 110 of 122 Outlook Fwd:Monticello Lot From Steve Dlebenow <SDiebenow@drivermcafee.com> Date Fri12/12/202511:34 AM To Askew,Amanda <aaskew®coabzus> Cc MichaelD.Sittner <MSittner©drivermcafee.com >1 RichieMullaney <rmu|laney@drivenncafee.com> Amanda, Thankyou so much for chatting yesterday. Please ?nd the email below from our client As you can see,we are not relying on any parkingspaces that are being “double counted”. i trust this addresses the last question you had.Lookforward to receiving the parking con?rmation letter at your earliest convenience. Please call me with any questions or concems. rL-t-“Re‘gards, Steven Diebenow Cell (904)932-4425 Begin fonNarded mesgage: From:Kristie Pecci <Kristie@lovettmiller.com> Date:December 11,2025 at 4:17:59 PM EST To:Steve Diebenow <SDiebenow@drivermcafee.com> Cc:"MichaelD.Sittner"<MSittner@drivermcafee.com> Subject:Monticello Lot Hi Steve, Parking in the Monticello lot is designated for the Atlantic Beach tenants as shown on the spreadsheet that was submitted. Previously,tenants in Neptune Beach utilizedthat lot but they were relocated to another Southooast parking lot. Agenda Item #9.A. 13 Apr 2026 Page 111 of 122 rm Kristie KristiePaco! PropertyManagerI Ot?eeManager SouthwestCapitalManagementCorporati onSaumooastCapitalPmmersrip.LTD SoumooastBeanhu ll.LLC LovettMiller&Ca,Inc. TowerCom.LLC 241A?an?c Boulevard Suite201 NeptuneBeach.FL32266 0(904)63441077x21eo c (904)874-3664 w— Agenda Item #9.A. 13 Apr 2026 Page 112 of 122 mama: ,3:mm”) £392m. .><§.mov.:,, a528..mm Eu?z?<w. E3 5:‘1’-mar GEJVOSUNV'IVOIUO'HHSVIIOILNWLVllEIHXE9NIU“V¢I 8V(ICC-25m1"3 10'mum Io.102541307nun-'-IllnllX 2 m4 , mm<owoz<4 Aoz<4w_mmdumozl mmmom??othtzum :5 zoigmrwzou momnun:mma...nmnzmhz .52 m_0531::WE.... Bub—am:Wait.452$v.5 >ud?=uu< >m_mm>0...mod:zwwxm><z”has wtm Dz . .zc?un .32:20.5 mDZ<Iu Ob hum??a?m.02¢guwozou g 21.! 21.—ZO 2361M >._._.=u<mhzwtmugt REGEZSE . .Wnouth—Lao?gg 92¢.—u—(UOJ nz<luv—MUD412E 3.5 an: H.250 o...hum—id w.2.5,.mtm 5220 e252}; wt“gkmwuzcu momnwozwhv:9 62—312.”.m_z._. mmpoz 23".Emuzoul 2305..m_.:.”.0 IP23 m__.:.025 1.02. unison.<u:@201.hum“.$3 m>_m->._.m_Ih u.C:zmm._.zm>m_woz<m_n__>>._.m_m_n_3:2m... :wszE mazmz.m><I ._._<_._wwQZdJE bit:<10 <mm<mm<umoz<J mm._.mz_mwn_ 341wwmu<mw022m<m mo30m :04m 10.xPmmmhmwz_.r.5m<m__._._.924 45> j<ImIke‘s Z_kmmmAmym>_m ...w<m.. ._.U_m._.w_n_wz_zow EH 9‘T,Z mmm 44kg. Ammo/Emocoq n mz_m o n m?u>0m0h02 n u ._m_._n_<m<n_ m_u om<oz<km Amm<uwoz<4\EVHZDOUozEmai mo._.w<ou ._.w<m_ oz .oz_xm<n. 0."...u m._<um ._n_3.5 amuI Z<I._.wwmq#02 no SNIHEIENIBNSONT-Agenda Item #9.A.13 Apr 2026 Page 113 of 122 in ?orssm Chen Exhibit E Kristie Pecci Phone:Kristie®lovettmillerlcom Cell:+19048743664 Job Address: 241 Atlantic Boulevard Suite 201 Neptune Beach,FL32266 9310 Old Kings Rd S Ste 1401 'Jacksonville,FL32257—8100 -Phone:904-345-0515 Invision Construction.LUZ 11— 3-2025 Business License:CBC1261890 We hereby propose to ?lmish labor and materials (as noted)-completein accordance with the above speci?cations All work to be completedin a workmanlike manner accordingto standard practices.Any alterationsor deviation from above speci?cations involving extra cost,will be executed only upon wzi?eu orders,and will become an exha chargeover and above the estimate.Any additionalwo?c shall be a “Change Order"and will incur additionalcharges.Contractor will not be responsiblefor any unknown wall,ceiling,or ?oor flaming,that is damaged, poorly constructed,defective and/or due to its condition require extra work.This would be addressed as a “Change Order" 1/4https:I/buildertrend.neUapp/LeadProposal/Print“2207769 Proposal for Atlantic beach Parking Print Date: 11/3/25,3:55 PM Proposal Print Agenda Item #9.A. 13 Apr 2026 Page 114 of 122 _.mm "I z I u.“ .u .u :1»v- w“ ..a I. .m M z I . -.«1,1«in m) U \ ‘:Iimilhh?pszz‘lbui,dedrendnete'app/LeadProposaE/Printh 2207769 W .l .‘,M1,"\n.$45.00 $45.00 11/3-25,3:55 PM Proposal Print Landscaping Items Description Cost Type Qty/Unit Unit Price Price Hydraulic Contractor supplieddump trailer for removingjobsite debris.Service and Other 3 $650.00 $1,950.00 Dump trailer dump fee. 1480 - Dumpster Excavation/The prep and removal of dirt aml excavation in prep for concrete and Subcontractor 1 $2,500.00 $2,500.00 Landscaping utility 2000 — Excavation and back?ll Muley Grass Standard Muley Grass or similar Subcontractor 1 $1,800.00 $1,803.00 6600 — Landscaping Palm-s TCSable Palms 12-15‘Subcontractor 1 $8,850.00 $5,855.03 6653 - Landscaping Sod Sec;installation Subcontractor 1 $4,700.00 $4,700.03 Installation 6653 ~ Landscaping Sprinkler Irrigation Subcontractor 1 $12,005.00 $12,005.50 6603 ~ Landscaping 1.Landscaping Total:$31,750.00 2.Concrete Items Description Cost Typ r Qty/Unit Unit Price Price asphalt Labor and equipment to demo and remove existing asphalt.None 1 $34,000.00 $34,000.00 1220 »Site Services asphalt Labor and material to repair asphalt,sealing/restripe parkinglot Schontractor 1 $30,800.00 $30,800.00 striping 1220 —Site Services 20 Yard Jobsite Rollbackdumpster for debris.Service and dump fee.removal of Subcontractor 1 $3,500.00 $3,500.00 rollback existir=i dumpster 1480 - Dumpster Concrete 800 LF8"x 16"Concrete ribbon curb with 3000psi mix design and broom Subcontractor 1 $32,500.00 $32,500.00 Installation ?nish. 2020 — Concrete Work 2.Concrete Total:$100,800.00 3.General Conditions. Items Description Cost Type Qty/Unit Unit Price Price Atlantic County building fees subject to change None 1 $3,000.00 $3,000.00 Beach County Permit 101C-- Building permits Permit box Job site Permit [20)!per FloridaCode Other 1010-~ Building permits ’2/4 «WuJ.“ \r "uh ‘mimunr Rod ‘ N ”inklrv m Agenda Item #9.A. 13 Apr 2026 Page 115 of 122 .... 1«..~.».~.. u s 9 1 .51 V 7 1 _... V . V .7 V.‘. ,.-.m.V H . .5 ‘,V A r , 1 -.,.. V..-V . V. ...V ..y m V .,.. ‘-.....4....,n V V .,..77.: V . V._,.V ..V .1..V .1»‘w »‘.»V v ., )Ry/l 'm‘“.”.m Mm Proposai Print11l3i'25i3:55 P $30,045.00 Nan“1 3)l 5 00,00 ,qu?ni,dar 1 Unit Price Pr'ceItemsDescriptionCostType supervision Job Operations supervision,management,scheduling,personne;Labor 1 $4,200.00 $4,200.00 /Project Managemen t 1020 - Managemen t Silt fence Silt Fence 81 Barricade;instal.and materials Labor 1 $5,000.00 $5,000.00 1220 .Site Services Temporary lob site bathroom per month Suaccntractcr $2,803 00 $2,803.»? Toilet 1500 — Porto-potty General OHStP None $1,030.00 $15,033.32 conditions 7120 — Construction Labor 3.General Conditions Total: items NOT included in Proposal: 1.A?er hcms‘work 2.traf?c nmnagement 3.Details or addirlonai landscaping 4.Hollands 5.Bike racks 6.ADA speci?cationsif needed 7.additionalcomfy fees outsidethe allowance for permit 8‘.Private inspector 9.Permit drawings and engineering 'ALLOWANCE :means that this is a estimate and could be higher or lower based upon job environment.Subject to change. 1.BUYER'S RIGHT TO CANCEL (Florida Statutes §501.031 )This is a home solicitation sale,and lfyou do not want the goods or services.you may cancel this agreement by providing written notice to Ihe seller in person.by telegram,or by mail.This notice must indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day a?er you sign this agreement.If you cancel this agreement,the seller may not keep all or part of any cash down payment.DEPOSITS.Alldeposits are non—refundable 2.PAYMENT.All payments are due on billing.Final payment is due upon completion of the work or issued certi?cate of occupancy.If Purchaser fails to make any payment,all warranties will be void. 3.CHANGES:Any alteration or deviation from speci?cations involving extra costs or changedlextra work will be performed only upon a signed written change order and willbecome an extra charge.lnvision Construction requires full payment in advance from Purchaser for change orders as a conditionfor performing the changes.all change orders will be marked up 20%to cover invisions'operation costs. 4.CONTRACT TIME:All dates for completion of the work are estimates.Invisior.Construction is not responsible for delays due to weather conditions;Supply chain di?iculties;labor dif?culties;accidents;availability of materials;circumstances beyond our control.lnvlslon Constructions time for performance is not of the essence.Purchaser shall not be entitled to damages for delays. 5.LIMITATIONOF LIABILITY.anlsion's liabilityfor damages to purchaser relating to or arising out of the performance or non-performance of the work,or for any cause whatsoever,and regardless of the form of the action,whether in contract or in tort including negligence,shali be limitedto the contract price.The foregoing limitationof liability will not apply to claims for personal injury caused solely by InVislon‘s negligence. lnvision shall not be liable to purchaser or any person claiming through or against purchaser for any special,indirect or consequential damages (including lost pro?ts.revenues,business opportunities or intenuption of business)resulting from or arising out of performance,delay in or failure of the same.Even if purchaser has been advised of the possibility of such damages.lnvisian willnot warrant any customer provided materials. All Specialty install requirements willneed to be provided in writing prior to signing this agreement.Any warranty on materials will need to be through the supplier or manufacturer. 6.ATTORNEYS’FEES s COSTS!VENUE I GOVERNING LAW.Purmaser agrees to pay reasonable attomey’s fees and costs in the event an altomey is required to represent ansion for any reason related to the contract,through appeal,including all costs of collections.This contract shall be constnred accordlng to the laws of the State of Florida,and the exclusive venue for any dispute shall be a court of competent jurisdiction in St.Johns County,Florida. 7 RESKOF LOSS.Purchaser shall be responsible and bear the risk of loss to any material or equipment once delivered to the Project. 8.REMEDIES.In the event Purchaser fails to pay any amount due and owing hereunder and/or fails to perform any obligation hereunder, lnvision shall have the right to exercise one or more of the following remedies:(a)recover the balance of all amounts due hereunder including interest on all unpaid sums;(b)recover InVrsion's anticipated lost pro?ts on ail work on yet performed;(0)enter the premlsos where the equipment might be located and take possession of the equipment and retain all prior payments as parljal compensation for Its use and depreciation;(d)incur collection and legal expenses (including)attorney 3 fees and costs in exercising any of its rights and remedies upon httpszllbuildertrend.net/app/LeadProposaI/Print/l 2207769 3/4 Total Price:$62,595.03 io'o ;it ~4‘Hi mom;Ir umn ‘ i g‘mi Agenda Item #9.A. 13 Apr 2026 Page 116 of 122 11/3/25,3:55 PM Proposal Print default;to)suspend work and remove its equipment from the project;and/or (f)pursue any other remedy permitted by law. 9_a.Manly.For a period of one (1)year following the date of Substantial Completion,Builder warrants to Owner that the materials and equipmentwill be of good quality and new materials (unless otherwise speci?ed herein or in any executed change order)and that its Work will substantially conform with the requirements of the operative plans and speci?cations.Work not conforming to this Exclusive Wananty,of which Builder received written notice from Owner within the Warranty Period.may be considered ‘Qemm?ong.’In the event of any con?ict between this Exclusive Warranty and any other term or provision contained within this Agreement,the terms of this Exclusive Warranty shall control as to alleged defects in workmanship and Builder supplied materials.This Exclusive Warranty excludes,without limitation,any defects caused,in whole or in part,by natural disasters,a detective design (if procured by Owner),any negligence,abuse,misuse,modi?cation, improper or insuf?cient maintenance,improper operation,or normal wear and tear of meimprovements.Owner agrees that detective work arising out of owner's separately procured labor,and materials are expressty excluded from this Exdusive Warranty.All natural stone,stone, countertops,tiles are not fully covered under the Exclusive Warranty. 91:.Exclusive Remedy.During the Warranty Period,Builder will,at Builder's election,repair or replace and Detective Work unless said repair or replacement would be economically wasteful under the circumstances,in which event Builder shall compensate Owner for the diminished value of the Project directly attributable to the Defective Work.The Builder's obligation to repair or replace Defective Work (or,at is election, compensate Owner tor the diminished value of Builder’s Work due to such Defective Work)provides the sole and exclusive remedy to the Owner for any cause of action (and for any damages)asserted against Builder arising out of or relating to Builder's Work,whether Owner seeks to recover from Builder under theories of contract,wan’anty,tort,or any other theory of liability.In no event shall Builder be liable for any special, indirect,incidental or consequential damages ACCORDING TO FLORIDA‘SCONSTRUCTION LIENLAW (SECTIONS713.001—713.37,FLORIDAS’TATUTES),THOSE WHO WORK ON YOUR PROPERTYOR PROVIDEMATERIAISANDSERVICESANDARENOT PAIDIN FULLHAVEA RIGHTTO ENFORCETHEIRCLAIMFOR PAYMENT AGAINSTYOURPROPERTY.THIS CLAIMI5 KNOWN AS A CONSTRUCTIONLIEN.IF YOURCONTRACTOROR ASUBCONTRACTORFAILSTO PAY SUBCONTRACTORS,SUB-SUBCONTRACTORS,0R MATERIALSUPPLIERS,THOSE PEOPLEWHO AREOWED MONEYMAYLOOKTO YOUR PROPERTYFOR PAYMENT,EVENIF YOUHAVEALREADYPAIDYOURCONTRACTORIN FULL.IFYOUFAILTO PAYYOURCONTRACTOR,YOUR CONTRACTORMAYALSOHAVEA LIENON YOURPROPERTY.THIS MEANSIFA LIENIS FILEDYOURPROPERTYCOULDBESOID AGAINSTYOUR WILLTO PAYFOR LABOR,MATERIALS,OR OTHERSERVICESTHATYOURCONTRACTOROR A SUBCONTRACTORMAYHAVEFAILEDTO PAY.TO PROTECTYOURSELF,YOU SHOULDSTIPULATEIN THIS CONTRACTTHATBEFOREANYPAYMENTIS MADE,YOURCONTRACTORIS REQUIREDTO PROVIDEYOU WITH A WRITTENRELEASEOF LIENFROM ANY PERSON OR COMPANYTHATHAS PROVIDEDTO YOUA "NOTICETO OWNER." FLORIDA'SCONSTRUCTIONLIENLAWIS COMPLEX,AND IT IS RECOMMENDEDTHATYOU CONSULTAN ATTORNEY. Please use the "Pay Online'button to submit your payment Ifyou have additionalquestionsabout how to pay online,pleasecall Buildertrend Support at 13384154149. Signature: Date: 4/4httsz/buildertrend.net/app/LeadProposal/Printl12207769 I con?rm thai my action here represents my electronic signature and is binding. Print Name: Agenda Item #9.A. 13 Apr 2026 Page 117 of 122 Page 118 of 122 AGENDA ITEM:Ordinance No.20-26-182 amending the operating budget for the ?scal year beginning Oct.1,2025,and ending Sept.30,2026. SUBMITTED BY:Brittany Percell,Director of Finance CITY OF ATLANTIC BACH CITY COMMISSION MEETING STAFF REPORT TODAY’S DATE:April 1,2026 MEETING DATE:April 13,2026 BACKGROUND:The budgets of three funds need to be amended as outlined below. General Fund Following the issuance of RFP 26-01,Civic Consulting Group,LLC (CCG)was selected to perform a comprehensive forensic ?scal analysis.Recognizing the mutual bene?t of establishing an independent “source of truth”for future negotiations,the City of Atlantic Beach and the City of Jacksonville have agreed to equally share the professional fees associated with this study. This amendment recognizes additional revenue in COJ Interlocal Agreement and appropriate sfundsforprofessionalservices. Communi Develo ment Block Grant Fund Following the issuance of RFP 26-52,J.Howard Construction was awarded bid 2526-10.The purpose of this project is to improve the parking area at the Marsh Oaks Community Center,located at 100 West 1StStreet in Atlantic Beach.This amendment recognizes additional revenue in Intergovernmental Grants and appropriates funds for parking improvements. Landsca in and Environmental Enhancement Fund Establishment of the Landscaping and Environmental Enhancement Special Revenue Fund to account for and report ?nancial resources that are restricted or committed to expenditures for landscaping,beauti?cation and environmental enhancement activities within designated areas of the City.Resources may include,but are not limited to,payments received in lieu of required landscaping improvements,developer contributions,and other legally restricted revenues. Expenditures from this fund are limited to eligible costs associated with landscaping, environmental enhancements and related capital,in accordance with applicable agreements, resolutions,ordinances or other legal restrictions governing the use of the funds.The City shall maintain appropriate accounting to ensure that resources are expended in compliance with any geographic or project-speci?c limitations associated with each revenue source. Following adoption of Ordinance No.90-26-259,Southcoast Capital Partnership,LTD.,shall make a payment of $162,595.00 to the City,in lieu of planting landscaping on the property by Agenda Item #9.B. 13 Apr 2026 Page 119 of 122 which shall be deposited into the City's designated fund and used exclusively for off—site landscaping or environmental enhancements within the Beaches Towncenter located Within the City’s jurisdiction.Payment shall be made before a Certi?cate of Occupancy is issued. BUDGET:General Fund -$44,575 increase in revenues $89,150 increase in expenditures CDBG Fund $196,751 increase in revenues $196,75 1 increase in expenditures Landscaping and Environmental Enhancement Fund -$162,595 increase in revenues $162,595 increase in expenditures RECOMMENDATION:Approve Ordinance No.20-26—182. ATTACHMENT:Ordinance No.20-26-182 REVIEWED BY CITY MANAGER: Agenda Item #9.B. 13 Apr 2026 Page 120 of 122 I :.‘I ||..,II .z ,..I ......I .-.I I ...... A 3 ..I. I I --Fl II I I 'I I 'I ‘l I I I I‘.. II , .--.-.II I I..I. --II I‘Ir I I -.. .. II .. ... I . I. I . ORDINANCE NO.20-26-182 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,FLORIDA,FOR FISCAL YEAR BEGINNING OCTOBER 1,2025,AND ENDING SEPTEMBER 30,2026;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level;and WHEREAS,the nature of budgetary systems and those day—to-daydecisions affecting such budgetary systems require adjustments from time to time;and WHEREAS,the City is amending the operating budget to add net funds totaling $44,575 in the General Fund,$0 in the CDBG Fund and $0 in the Landscaping and Environmental Enhancement Fund;and WHEREAS,the City of Atlantic Beach did not include the funding for these expenditures in the original adoption of the Fiscal Year 2025—26Annual Operating Budget and therefore must amend the budget to have suf?cient amounts within the General Fund,CDBG Fund and Landscaping and Environmental Enhancement Fund to fund the expenditures. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA that: SECTION 1.The Fiscal Year 2025-26 Operating Budget is hereby amended as follows: $89,150 (mm Revenues: Intergovernmental Grant Expenditures: Park Improvements CDBG FUND Revenues: COJ Interlocal Agreement Expenditures: Professional Services Fund Balance: ($196,751) $196,751 Ordinance No.20-26-182 Page 1 of 2 GENERAL FUND ($44,575) Agenda Item #9.B. 13 Apr 2026 Page 121 of 122 SECTION 2.This ordinance shall take effect immediately upon adoption. PASSED by the City Commission on ?rst reading this 13thday of April 2026. PASSED by the City Commission on second and ?nal reading this 27thday of April 2026. $162,595 Expenditures: Other Contractual Services Revenues: Planning and Zoning LANDSCAPING AND ENVIRONMENTAL ENHANCEMENT FUND Fund Balance: ATTEST: Ordinance No.20—Page 2 of 2 Donna L.Bartle City Clerk Curtis Ford Mayor Approved as to form and correctness: Jason Gabriel City Attorney ($162,595) Fund Balance: Agenda Item #9.B. 13 Apr 2026 Page 122 of 122