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Item 8GAGENDA ITEM # 8G APRIL 12, 2010 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Proposed Dog Park at Hopkins Creek Pond SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: March 31, 2010 BACKGROUND: In December, the Commission approved the Hopkins Creek Pond for the proposed dog park. Attachment 1 shows the proposed park layout (controlled access, small and large dog areas, and dog rinsing station with benches, dog waste stations and trash cans). Although many citizens are already using the pond as a dog walking area, Attachment 2 is a Staff generated estimate of the cost to place the park in full service. The proposed concept of operations for the park includes an annual usage fee to be collected by City Staff. Staff proposes $50 for first dog, $25 for additional dogs with a $25 / $15 fee for the current, partial year. Along with the fee, Staff will collect documentation of shots and neutering. Colored tags will be issued for each permitted dog, with expiration date set for September 30"' each year to coincide with the City fiscal year. Access to the park will be controlled by gates fitted with electronic (pass card) locks. Funds collected will augment Committee fundraising and will be used for operations and maintenance of the Dog Park. City responsibilities include mowing, routine spraying for fleas & ticks, daily emptying of trash cans, supplying pet waste bags to the Committee and repairs to park facilities. City Animal Control Officers will periodically check the park for problems; after hours issues will be addressed by on-duty police officers with on-call support from Animal Control if necessary. Park operating hours will be 7:30 am to dusk. As initiators of the proposed park concept, the Atlantic Beach Dog Park Committee has agreed to be responsible for routine cleanup of the park and for fund raising efforts to support regular maintenance of and future improvements to the dog park (Attachment 3). Examples of fundraising opportunities include commemorative brick sales, banner advertising on the inside of the dog park fence and events to be held on the dog park grounds. Future improvements under consideration include irrigation to help maintain the sod, two tier water fountains (human and animal), and a pergola shade structure. The City of Jacksonville is funding the bulk of the initial construction cost by way of a $15,000 grant (district funding from Councilman Graham's office) with funding allocated by Interlocal Agreement (Attachment 4). Staff has also reached agreement with Sunrise Community Church on Easements granting use of the south Church driveway for access and parking for Dog Park users (Attachment 5). The access easement is a permanent easement; however the parking easement is a renewable easement in case the church decides in the future to develop their property further. In the event the Parking easement is not renewed, sufficient on- street parking for Park users is available nearby on Aquatic Drive. AGENDA ITEM # 8G APRIL 12, 2010 BUDGET: Funds for construction of the dog park are included in the budget modification ordinance also under consideration by the Commission. The budget mod includes as income funds raised by supporters ($7000 to date) plus the grant of $15,000 from COJ. Funds for ongoing maintenance will come from the Parks Division Other Contractual Services (001-6020-572-3400) account, which will be augmented by monies collected as use fees and additional fundraising efforts. RECOMMENDATION: Recommend the Commission approve the proposed park concept of operations, fee structure and park layout, and authorize the City Manager to sign the agreement with the AB Dog Park Committee for operation of the dog park. Staff also recommends the Commission authorize the Mayor to sign the Interlocal Agreement with the City of Jacksonville for partial funding of the dog park construction and authorize the Mayor to accept the Access and Parking easements from Sunrise Community Church and sign the grant of easement documents. ATTACHMENTS: 1. Proposed Layout of the Atlantic Beach Dog Park 2. Staff Cost Estimate for the Atlantic Beach Dog Park 3. Agreement with the Atlantic Beach Dog Park Committee 4. Interlocal Agreement between the City Of Jacksonville and the City of Atlantic Beach for Improvements to Atlantic Beach Dog Park 5. Grant of Easement Agreements with Sunrise Community Church for Park Access and Parking REVIEWED BY CITY MANA Y Q d C~ O D 2 U Q w m U H Z a J H Q W ~~ ^ ~t~w ~ a Q ~ ~ N J 0 Q d U o u a ct J Q Q ' ^• W t/; C C ~ ~., s -, --~ m 1 •z ~a ~~~. ~ t.~% AGENDA ITEM # 8G APR[L 12, 2010 W V z d z w AGENDA ITEM # 8G APRIL 12, 2010 o m sc ~ v ~, 'n N c o rn m ~ c 0 ` m rn C~ y O C y ~ ,~ N ~ G C n ~ ~ E O! .~ of0. E p~~J d ~ M O C ~ ~ ~ y ~ O C C ~ ~ ~ 0 0 N CO m L t0 O C N Oi C H ~ O r 0 0 0 0 0 0 0 0 0 0000 0 0 0 0 0 0 0 0 0 0000 0 0 0 0 0 ~ ~~ O O p O O N O p O S p p ~ O M O p p O t~ S ~ ~~~~ ~~ ~~~~ ~ ~ 0 g S g g g g g g $ g g g$ g g '~?t~ g g g~°~ gg gg ~°r° ~ S ~j C O ~ M & .Oy~ to ~~A{ ~ ~ O ttf N~ fA ~ N~ C 9 69 N4 H ~ ~ ~•' r- O Q N N Ov ~ ~ O ~ M N O ~ ~ e- ,. v r- J J J (/1 J LU J J W J W W U J W cY~ ; c '~ ~ ~ W ~ N U _V ` C ' m d ~ ~~ '~ ~ N N `' N g°E Y O c~ _ O cv .- iy N~cn~ c ~ ~ ~~x 'co ~ E -d •C~ v a d ~ 3 ~ ~ $~ «c•~ j vc d N 2c ~.o ~ $ ~pp ~ M a y ai O ~j d~ U ~ '~ v~ C ~Hm Q U u.°~~ J t0 C ~~,+ J w c ~ Ec `~ (p ~ ~ c~ O. y = O ~ _ °' a i y ~ v ~ 'v .mac V o °. •~ C •°- a; C ~ W • p fN0 U ` Qi+~w ~ Q m my~c N C ~ d ~ y ~ C ~7a E~oV ~ '~ lfl a ~ ~' '~ co 2 m Ol ~ y 0 ~ C O ~ N ~- ~ W y E N Q C 0 O F O) C cYi~~ O T! N =5omo V N y~c~ O O O C C ,Em'~ Q ~' y C y a'~ "" Or ~~1~;~ ~ m H~ d ~w .a: :? tyy5 aw Q v ~ a`0. ~ ayi C~ j~ $~ ~~ ~ C C ~~ m y O C ~ ~~ w N l0 Y ,m ~~ Ts W~ N C E -p ~ C ' O O N C; `dj '~ UU L V t a G. ~ C c fYi) o ?~~~ ~ Ec o cn ~ ~U c~ m ~ rS 'm f6ia d a S 3 w i ~ g ~ ~ w a m Q a a~ i o Y . _ m m c c ac co m n ~ N M et ~A t0 t~ OD O O ~- N co V' r ~- r r r In r a D m V c Y a S °o o° °o ~ O ~ 000 N ~N fA fA 0 z W Z V 2 D J ~ ° J a c'i ~ A V N J ~G H ~ ~ U C7 N X •~ W a 0 Y `m a 9 a 0 a_ v a' 0 0 AGENDA ITEM # 8G APRIL 12, 2010 AGREEMENT AGREEMENT made and entered into this day of April, 2010, at Atlantic Beach, Duval County, Florida, by and between the CITY OF ATLANTIC BEACH, FLORIDA, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and ATLANTIC BEACH PUBLIC ARTS COMMISSION, INC., a Florida not for profit corporation, 1970 Mipaula Court, Atlantic Beach, Florida 32233 (hereinafter "ABPAC"). WHEREAS, the City intends to construct certain facilities on its property azound the Hopkins Creek Retention Pond to allow use by the public for a dog pazk, and WHEREAS, initial funding for construction of these facilities will come from a grant in the amount of $15,000.00 to the City from the City of Jacksonville and approximately $7,000.00 from the Atlantic Beach Dog Park Committee operating under the umbrella of ABPAC, of which $2,470.00 has already been paid to the City from donations made in the memory of Scot Debuty, a long time resident of the City who passed away on May 5, 2009, and WHEREAS, it is anticipated that ABPAC will provide the balance of the $7,000.00 before construction begins and will raise funds for future dog pazk improvements and/or additions as well as for maintenance of said pazk through a variety of measures as described below, and WHEREAS, any such improvements and/or additions shall be constructed by the City or contractors working for the City, and WHEREAS, the parties aze in full and complete agreement to all terms, provisions and conditions as set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises as set forth herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Responsibilities for the operation and maintenance of the dog pazk shall be performed by the parties as follows: (a) City: The City shall mow the pazk regularly; empty the trash cans, spray for ticks and fleas, and purchase bags for citizens to use in disposing of dog droppings. The City shall also be responsible for repairs to park facilities, such as fences, water stations, and the like. The park is to be owned and operated by the City with hours from approximately dawn to dusk. It is anticipated that a key card entry system will be used to gain access to the park and the City will charge an annual fee for issuance of those cazds with the fee to be determined by the Mayor and City Commission. Funds generated from this fee shall be used to pay the City's expenses for maintaining the dog park. The initial fee will be $50.00 per yeaz. The City will include information about the dog pazk, including location, rules and hours of operation on its website. AGENDA ITEM # 8G APRIL 12, 2010 (b) ABPAC: The members of ABPAC and volunteers are to pick up trash on the grounds daily, including picking up any dog droppings that were not removed by the dog owners. Volunteers will also refill the litter bag dispensers with bags provided by the City. ABPAC is expected to raise funds to participate in the regular major items of maintenance for the pazk as funds aze available. Such items anticipated may include, but are not limited to, re- sodding, fence replacement and other major maintenance expenses. 2. ABPAC shall be allowed to raise funds for future maintenance, improvements and/or additions to the dog pazk property as follows: (a) Banners. It will be acceptable to locate no more than four banners with a maximum size of 4 feet by 6 feet inside the fence azound the dog pazk, except that banners shall not be placed on the decorative fence on the northern boundary of the park. The location, type of materials, and language on these banners must be approved in writing by the City Manager or his authorized representative prior to placement. No banner shall be left up for more than six months (to be enforced by ABPAC). Banners shall not display advertising for private businesses other than the name of the business (telephone numbers or website addresses aze specifically prohibited) and the City reserves the right to prohibit any advertising that may be offensive or not suitable for use in a family park. (b) Brick sales. There will be a 12 foot by 18 foot bricked azea at the entry to the dog park for which ABPAC can "sell" bricks to replace the initial ones installed at the construction. These bricks sold can designate names of individuals or businesses, but shall not include any advertising such as telephone numbers or website addresses. (c) Other fundraising events on the site. Events are anticipated, but they must be approved and coordinated with the City Manager or his designated representative beforehand. The City will promote these events on its website. Other provisions: (a) The City reserves the right to deny issuance of an annual cazd or pass to the dog pazk or to cancel any existing card or pass if any individual has been disruptive, violates any laws or local rules (including failure to pay fee for card renewal), fails to clean up after their dog or has an aggressive dog that may endanger other users (either human or animal). (b) ABPAC shall provide to the City the names and contact telephone numbers of all of its officers, as well as an accounting of their revenues, expenses and current fund balance annually beginning October 1, 2010. 4. Either party hereto may terminate this Agreement with thirty (30) days written notice to the other party. 2 AGENDA ITEM # 8G APRIL i2, 2010 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date first above written. CITY OF ATLANTIC BEACH ATLANTIC BEACH PUBLIC ARTS COMMISSION, INC. By James R. Hanson, City Manager "CITY" By Its "ABPAC" APPROVED AS TO FORM AND CORRECTNESS: Alan C. Jensen, Esq. City Attorney 3 AGENDA ITEM # SG APRIL 12, 2010 INTERLOCAL AGREEN.[ENT BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH FOR IlVIPROVEMENTS TO ATLANTIC BEACH DOG PARK THIS INTERLOCAL AGREEMENT ("Agreement"} is made and entered into this day of , 2010, by and between the CITY OF JACKSONVILLE, a municipal corporation in Duval County, Florida, with its principal office at 117 West Duval Street, Jacksonville, Florida 32202 (hereinafter referred to as "COJ") and the CITY OF ATLANTIC BEAC$, a municipal corporation in Duval County, Florida, with its principal office at 800 Seminole Road, Atlantic Beach, Florida 32233 {hereinafter referred to as "COAB'~ for funding assistance in the installation of improvements at the Atlantic Beach Dog Park (hereinafter referred to as the "Project"). WITNESSETIi: WHEREAS, COJ will make district funds available to COAB, as specified below, to assist in funding for a portion of the costs to construcY.the Project, as more particularly described in Exhibit "A", attached hereto and, by this reference, made a part hereof, to be located ~t the Hopkins Creek Pond location on Aquatic Drive, Atlantic Beach, Florida, 32233 (R.E. # 177411- 0200, recorded in O.R I3625, page 00663, and more particularly described in Exhibit "B" attached hereto and, by this reference, made a part hereol'•}, which property is owned by COAB (hereinafter referred to as the "Premises'; and WHEREAS, district feuding in the amount of $15,OOQ.00 will be provided from COJ Account Number "CCCP36313720" by and through Section 106.315, Ordirianee Code; and WHEREAS, it is in COJ's best interest to provide funding for the Project and to make and enter into a contract with COAB, as is required in Section 106.315{a), Ordinance Code; now therefore IN CONSIDERATION of the mutual promises contained herein and for other good and sufficient consideration, the parries agree that: 1. Incorporation of Iteratals. The above stated recitals are true and correct and, by this reference, are inicorporated herein and made a part hereo£ 2. Effective Date. This Agreenent shall become effective on the day and yeaz first written above and shall continue in fu11 force until construction ofthe Project is complete, unless terminated earlier as provided in this Agreement; provided however, this Project shall be completed no later than September 30, 2010. Page 1 of 8 AGENDA ITEM # 8G APRIL 12, 2010 3. .Assistance with Finding the Project. COJ shalt pmvide fimding in a total amount not-to-exceed FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000A0) to COAB for the purpose of assisting with the capital funding of the Project, as mare particularly described in Exhibit "A°', COJ will not maintain„ repair, or support the Project during canstruction ar ax any time thereafter. Such maintenance, repair and support of the Project shall be file sole and exclusive responsibility of COAB, with no additional cost ar expense to COJ. COAB shall spend the funding provided by COJ only on the Project and for no other matters. Expenditure of the funds on any other matter than the Project shall be a material breach and default of this Agreement and shall result in refunds as specified in this Agreement. It is the intent of COAB to spend a muumum of $20,5$0 on the Project. Since items maybe added or deleted depending on prices, the completed. Project will be in substantial, rather than exact, compliance with the plans submitted. 4. CoAB Compliance. COAB shall comply with all applicable bond covenants/restrictions, federal, state, and local laws, rules, regulations and ordinances relative to the expenditure of the funds under this Agreement. 5. Project Improvements. COAB shall comply with the construction standards and priority schedule as stated in Exhibit "A". 6. Payment on Draw or Reimbursement Basis, COJ's contribution for the Project pursuant to this Agreement shall be an a "draw for work done" basis or on a "cost for reimbursement' basis. Payments will be made within thirty (30) days of COAB's submittal to COJ of documentation, including bills, invoices and other documents satisfactory to COJ's General AccountingDivision, to justify withdrawal or reimbursement payment to COAB. 7. COJ Representative. COJ's Public Works Department shall be responsible far overseeing, administering and implementing this Agreement. COJ shall by subsequent written notice advise COAB ofthe contact person in the Public Works Department. $. Aecounting/Report. COAB shall provide the Public Works Department and the Council Auditor with a full aceounting/regort. Such accountingJreport shad be in a fozm approved by the Council Auditor and shall include, but not be limited. to, copies of all invoices and checks. Such accountinglreport shall be submitted at the completion of the Project with the first and final reimbursement request. 9. Maximum Indebtedness. COJ shall be indebted under this Ageement to the maximum amount of FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00), 10. Indemnification. 10.01. COAB shall hold harmless, indemnify, and defend COJ, including, without Iiinitaiaon, its officers, directors, members, representatives, affiliates, agents and employees, successors and assigns against any and all claims, suits, demands, judgments, losses, casts, ft.nes, penalties, damages, liabilities and expenses (including all costs for investigation and defense Page 2 of $ AGENDA ITEM # 8G APRIL 12, 2010 thereof, including, but not limited to, court costs, reasonable expert witness fees and attorney's fees) which maybe incurred by, charged to or recovered from and against any of the following arising directly or indirectly out of any of COAB's operations, work ox services performed in connection with this Agreement, including, but not Jimited to: 10.OL01. any and aII claims for damages as a result of the injury to or death of any person or persons, or damage to or destruction of any property which arises as a result of any negligent act or omission on the part of COAB, its agents, affiliates or assigns, regardless of where the damage, injury or death occurred; or arising out of the failure of COAB to keep, observe or perform any of its obligations under this Agreement or in any other document or instrument delivered by COAB pursuant to this Agreement; 10.0] .02. any and all claims, suits, demands, judgments, losses, costs, fines, penalties, damages, liabilities and expenses (including all costs of cleanup, containment or other remediation, and all costs for investigation and defense thereof, including, but not limited to, court costs, reasonable expert witrtess fees and attorney's fees) arising from or in connection with {a) actions or activities of COAB, including, but not limited to, its agents, affiliates or assigns ("Parties"}, that result in a violation of any environmental law, ordinance, rule, or regulation or that Leads to an environmental claim or station or to dau~ages due to COAB's or other Parties' activities, (b} any environmental, health and safety liabilities arising out of or relating to the operation or other activities performed in connection with this Agreement by COAB or any Party at any time on or prior to the Effective Date, or {c) any bodily injury (including illness, disability and death, regardless of when any such bodily injury occurred, was incurred or manifested itself}, personal injury, property damage (including trespass, nuisance, wrongful eviction and deprivation of the use of real property) or other damage of or to any person in any way arising from or allegedly arising from any hazardous activity conducted by COAB ar any Party; any remedial action and any proceeding relating to an environmental claim shall be the responsibility of COAB; 10.01.03. any and all claims, suits, demands, judgments, losses, costs, fines, penalties, damages, liabilities and expenses (including all costs for investigation and defense thereoiy including, but not limited to, court costs, reasonable expert witness fees and attorney's -fees} arising from or based upon the violation of any federal, state, or municipal laws, statutes, resolutions, or regulations by COAB or those under its control; 10.01.04. any and all claims, suits, demands, judgments, losses, casts, .fines, penalties, damages, liabilities and expenses (including all costs for investigation and defense thereof; including, but not limited to, court costs, reasonable expert witness fees and attorney's fees) which may be incurred by, charged to yr recovered from any of the foregoing, arising directly or indirectly out of (a) any breach of any representation or wazranty made by COAS in connection with this Agreement or in any certificate, document, writing or other instrurent delivered by COAB pursuant to this Agreement or (b} any breast of any covenant or obligation of COAB set forth in this Agreement or any other any certificate, document, writing or other instrument delivered by COAB pursuant Page 3 of 8 AGENDA ITEM # 8G APRIL 12, 2010 to this Agreement. 10.02. The indemnifications contained in Section 10.01, above, are separate and apart from, and are in no way limited by, any insurance provided pursuant to this Agreement or otherwise. This Section 10 relating to Indemnification shall survive the term of this Agreement, and any holdover and/or contract extensions thereto, whether such term expires naturally by the passage of time or is terminated earlier pursuant to the provisions of this Agreement, 10.03, The indemnifications given by COAB are subject to the provisions and limitations of Section 768.28, Florida Statutes, and shall not be construed as, and are not, a further waiver of COAB's sovereign immunity beyond the limited legislative waiver thereof in Section 768.28, Florida Statutes. 11. COAS Operations. COAB shall, at no additional cost or expense to COJ, operate and maintain the Premises as the Atlantic Beach Dog Pazk and such Premises shall be open and available for use to all residents and visitors to,the City of Jacksonville for an annual park usage fee, with no discrimination on .the basis of race, creed, color, sex, religion, national origin, marital status, age, disability or residence. 12. COAB Responsibilities. COAB shall be solely responsible for all maintenance and repairs to the Project at no additional cast to COJ, including, but not limited to, the following: 12.01 COAB shall maintain and keep the Project in good repair and shall provide ail required maintenance and repair of whatsoever kind or nature. 12.02 COAB, without limiting its liability hereunder, agrees to procure, keep and maintain adequate insurance types and coverage amounts. COAB shall require contractors #o carry insurance in accordance with COAB's Insurance Requirements Policy. 13. Non-Waiver. The waiver by either party of any breach of this Agreement by the other party shall not be construed as a waiver of arty subsequent breach of duty or eoveuant imposed by this Agreement. 14. Right of Entry. COJ, at reasonable times, has the right to enter into and upon the Premises for the purposes of viewing the same and of verifying compliance by COAB with its obligations under this Agreement. 15. COAB Default If COAB shall neglect or fail to perform or observe any requirement or violate any provision of this Agreement and such default shall continue for a period of thirty (30) days after written notice thereof is given by COJ to COAB, then COJ may immediately, or at any tune thereafter, and without further notice or demand, tenninate this Agreenrtent without prejudice to any remedy which .might otherwise be used by COJ to recover for any breach of COAI~'s covenants herein contained. Should this Agreement be terminated as a result of COAB's breach of Section 3 of this Agreement, then, and in such event, COAB must Page 4 of $ AGENDA ITEM # 8G APRIL 12, 2010 refund and return all fiends provided by COJ. Such refund and return shall be made within fifteen (I S) days after notice and request for refund by COJ. 16. Notices. All notices required under this Agreement shall be by certified mail return receipt requested: As to the COJ: As to the COAB; 117 West Duval Street Jacksonville, FL 32202 800 Seminole Road Atlantic Beach, FL 32233 17. Termination for Convenience. COJ shall have the absolute right to terminate this Agreement without cause upon giving sixty (60) days' advance written notice to COAB. I $. Actions of Mayor and Corporatiarr Secretary. The Mayor and Corporation Secretary shall have the authority to terminate this Agreement under any circumstances in which COJ has a legal right to terminate this Agreement in accordance with the provisions hereof. 19. Construction of Agreement Terms. The parties agree that they have had meaningful discussion and/or negotiations of the provisions, terms and conditions contained in this Agreement. Therefore, doubtfial or ambiguous provisions, if any, contained in this Agreement shall not be construed against the party who physically prepared this Agreement. 20. Entire Agreement. This Agreement represents the entire agreement by and between the parties concerning the receipt and expenditure of the funds specified herein. No agreement, statement, representation, course of action or course of statement, representation, course of action or course of conduct by either of the parties hereto, or by their authorized representatives, shall be binding if it is not in writing and contained in this Agreement. This Agreement may be amended by written instrument signed by the parties or their lawfully authorized representatives. 21. Severability. If any section, paragraph, sentence or other part of this Agreement is declared to be unenforceable or unlawful by a court of competent jurisdiction, then, in such event, such section, paragraph, sentence or other part shall be severed from this Agreement and shall not affect other terms and conditions herein. 22. 5ectionlParagraph Headings. All sectionlparagraph headings herein are provided for convenience only and sha}} not be used in the interpretation or constriction of the Agreement. 23. Exhibits. All sxhibits which are attached hereto and which are specifically and expressly referenced in the tit pf this Agreement are incorporated into this Agreement as if ~1}y set forth herein. Page 5 of 8 AGENDA ITEM # 8G APRIL 12, 2010 24. Governing I.awNenue. This Agreement shall be governed lay the Iaw of the State of Florida Venue for litigation of this A,greemcnt shall be in a court of competent jurisdiction in Jacksonville, Duval County, Florida. 25. Survival of Provisions. The provisions of Sections 8, 10, 11, and 12 shall survive the termination of this Agreement. [Remainder of page left blanl~ intentionally. 5ignaiure page follows immediately] Page 6 of 8 AGENDA ITEM # 8G APRIL 12, 2010 IN WITNESS WHEREOF, the parties, by and through their Iawfu.Ily authorized representatives, have executed this Agreement on the day and year fast above written. ATTEST: C1TY OF JACKSONVILLE By. gy. Neill W. McArthur, Jr, john Peyton, Mayor Corporation Secretary 117 West Duval Street 117 West Duval Street Jacksonville, .Florida 32202 Jacksonville, Florida 32202 ATTEST: By: Donna L. Bartle, City Clerk 800 Seminole Road Atlantic Beach, Florida 32233 CIT'X OF ATLANTIC BEACH By: Mike Bomo, Mayor 800 Seminole Road Atlantic Beach, Florida 32233 In compliance with the Charter of the City of Jacksonville, I do hereby certify that (here is an unexpended, unencumbered, and unimpounded balance in the appropriation suffici®t to cover'the foregoing Agreement, and provision has been made for the payment of the monies provided therein to be paid. Director of Finance Form Approved: Office of General Counsel G:~Gov't OperationsVMCain1PRECUnter~local AgreanentslCQJ.COAB.DogPark.doc Page7of10 AGENDA ITEM # 8G APRIL 12, 2010 STATE OF FLORIDA ) )ss. COUNTY OF DWAL) The foregoing instrument was acknowledged before me this day of 2010, by John Peyton and Nei11 W. McArthur, Jr., the Mayor and Corporation Secretary respectively, of the City of Jacksonville, a municipal corporation in Duval County, Florida.. Such persons: (notary must check applicable box) o are personally known to me; or o produced a current driver's license as identification; or ~ produced as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) STATE OF FLORIDA ) )ss. COUNTY OF DWAL) The foregoing instrument was acknowledged before me this day of 2010, by Mike Borno and Donna L. Bartle, the Mayor and City Clerk respectively, of the City of Atlantic Beach, a municipal corporation in Duval County, Florida. Such pezsons: (notary must check applicable box) o are personally known to me; or ^ produced a current driver's license as identification; or a produced as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARL4L SEAL) Page 8 of 10 AGENDA ITEM # 8G APRIL 12, 2010 EXHIBIT "A" SCOPE OF WORK FOR PROJECT AGENDA ITEM # 8G APRIL 12, 2010 d O Q 0 s ~' c r~ m r ~'~ c ~ a m~ ~ m '~ c 10 m m ~ Zz M 'L C ~ 5 ~ m m m. ~ w ~ „4 = d ~ ~ ~ ° m .a m c 3 '° d ~ ° g co o°' $ 1-~ $ °. o° $ c~ $ $ a a a $ ~ ~ o° ~ c a° °o o° ~ $ c c o 0 ~ i9 fR ~, ~ ~' fit' ~ ~ if* ~ t! icy y~g N U} !~' ~ 1~ y ~ r ~ i9' ~ y Q cV r p o ~ O Q p O ~ O C $ $ p O w, ~° ~ ar- $ c $ ~' a c ° c ~ Q d ~" 64 ~ q ~ ~' nj N M} y c~ t~ ~ M} {.aj r nl D r r` t.. ~" th ~ '~' t Q r~ t1.. QQ ~{ `O w ~ d ~ a °f i ° m .a ~ k !i ~ .~. R ~ ~ 'tea. m } ~ ~ ~ ` m U ~ ~ ~ ~ w ~ Z Q7 C ,b ~ ~ v Gl C '~ •C to ~ }'~ 3 ~ ~ °IS ~O C Iv r~ °c ~ ~`c C c° ~ ~", ~ m O? ° C u,~ x , ~ ~ ~a~ ~ ~+ m ~ ° .~ ~f ~ *~ m ~ ~ ~ s ~ m o ? A a c°aw~ ~ ' ~ Q ~c~ ~ ~ a' w` ~ o w t~.t .,~ C ~ ~` o v. 4 A, ~ ~ O J U c ~ ~ m ~ c ~ ~ ° ~ a ~ ~ °' ~ sa. ~' C ~ ... m m ~ m m c m ~ ~ ~ U c 1"" ~ ~ to ~ ao o.. ,? W °f ¢ ° $ °' o O o , m a Q ~ ~ tL +-uc~ r N M •t +n co n co w a T *. N ~. r a a III. m a S 9 S~ °. ti a AGENDA ITEM # 8G APRIL 12, 2010 EXffiBIT "B" LEGAL DESCRIPTION AGENDA ITEM # 8G APRIL 12, 2010 EXHIBIT "A" LEGAL DESCRIPTION A PART OF THE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DWAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER. OF ATLANTIC BEAC$ VILLA UNIT NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC RECORDS OF DWAL COUNTY, FLORIDA: THENCE .RUN SOUTH 07°16'OZ" EAST ALONG A SOUTHERLY PROJECTION OF THE EAST LINE OF SAID SUBDIVISION, AND ALONG THE WESTERLY LINE OF AC~UATIC GARDENS AS RECORDED IlV PLAT BOOK 38 PAGES 71 AND 71A OF THE PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 400.62 FEET TO THE POINT OF BEGINNING BEING A POINT ON THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 OF SAID PUBLIC RECORDS; THENCE CONTINUE SOUT$ 07°16'02" EAST, A DISTANCE OF I7S.32 FEET TO THE NORTHEAST CORNER OF T$E LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 9574 PAGE 1103 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 89°19'I4" WEST ALONG THE NORTHERLY LINE OF SAID LANDS AND ALONG TI3E SOUTHERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073, AFORESAID, A DISTANCE OF 500.30 TO THE EASTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 4817 PAGE 722 OF SAID PUBLIC RECORDS, BEING ALSO THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 AFORESAID; THENCE NORTH 07°30'25" WEST ALONG SAID EASTERLY LINE, BEING ALSO THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 AFORESAID, A DISTANCE OF 175.37 FEET; THENCE DEPARTING SAID LINE RUN NORT$ 89°19'14" EAST A DISTANCE OF 500.76 FEET TO THE POINT OF BEGINNING. 7A7C11044735 2 AGENDA ITEM # 8G APRIL 12, 2010 EXHIBIT KB" PERMITTED EXCEPTIONS LIST 1 Conditions set far#h in Special Warranty Deed recorded in Official Records Sook 9268, Page 2239, of the Public Records of Duval County, Florida. (As to Easement parcel) 2 Covenants and Restrictions contained in Special Warranty Deed recorded in Official Records Book 6205, Page 617, of the Public Records of Duval County, Florida. (As to Easement Parcel) 2 Matters shown on the Plat afAQUATIC GARDENS, a Subdivision recorded in Plat Bovk 38, Pages 71 AND 71A, of the Public Records of Duval County, Florida. (As to Easement Parcel) 4 Declaration of Covenants, Restrictions and Easements recorded in Of>:<cial Records Book 5993, Page 2030, of the Public Records of Duval County, Florida. (As tq Easement Parcel) 5 Mortgage from SUNRISE COMMUNITY EVANGELICAL FREE CHURCH, INC., a Florida corporation, to BEACHES AQUATIC POOL, INC., recorded April 23, 1999, in Official Records Book 9268, Page 2242, of the Public Records of Duval County, Florida. (As to Easement ParceiJ 6 Drainage Easement as recorded in Official Records Book 5884, Page 1242, as re-recorded in Official Records Book 5891, Page 356, of the Public Records of Duval County, Florida. 7 Utility Easement recorded in Official Records Book 5884, page 1250, of the Public Records of Duval County, Florida. $ Easement recorded in Official Records Book 6393, Page 954, of the Public Records of Duvat County, Florida. 9 Easement for access as recorded in Offleial Records Book 5626, Page 347, of the Public Records of Duval County, Florida. 10 Easement reserved aver the Westerly 30 feet of caption propertyas contained in Instrument recorded in Official Records Book 5604, Page 1689, of the Public Records of Duval County, Florida. 11 Agreement recorded in Official Records Book 5626, Page 349, of the Public Records of Duval County, Florida. JAX~I044735 2 AGENDA ITEM # 8G APRIL 12, 2010 EX$ISIT uC" CHURCH PARCEL PAS A PART OF THE CASTRO Y FERRER GRANT, SECTION 38, TOWNSHII' 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING, COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH VILLA UNIT NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE C'U1tRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; THENCE SOUTH 07°1b'02" EAST ALONG A SOUTHERLY PROJECTION OF THE EASTERLY LINE OF SAID ATLANTIC BEACH VILLA UNIT TWO AND THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IN PLAT BOOK 38 PAGES 71 AND 71A OF SAID PUBLIC RECORDS, A DISTANCE OF 323.13 FEET; THENCE SOUTH 89°18'38" WEST, A DISTANCE OF 504.20 FEET TO THE EASTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 3302 PAGE 744 OF SAID PUBLIC RECORDS; THENCE NORTH 47°16'02" WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 527.24 FEET TO THE SOUTHERLY LINE OF SAID ATLANTIC BEACH VILLA UNIT NO. 2; THENCE SOUTH 69°31'25" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 561.45 FEET TO THE POINT OF BEGINNING. PARS A PART OF THE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP' 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH VILLA UNIT NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; TPiENCE RUN SOUTH 07°16'02" EAST ALONG A SOUTHERLY PROJECTION OF THE EAST LINE OF SAID SUBDIVISION, AND ALONG THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IN PLAT BOOK 38 PAGES 71 AND 71A OF THE PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 323.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 07°lb'OZ" EAST, A DISTANCE OF 282.18 FEET TO THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME SS84 PAGE 1.270 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 89°18'38" WEST ALONG THE NORTHERLY LINE OF SAID LANDS, A DISTANCE OF 199.83 FEET TO A POINT ON THE EASTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 5891 PAGE 365 OF SAID PUBLIC RECORDS; THENCE NORT$ 07°16'02" WEST ALONG SAID EASTERLY LINE, A DISTAI~TCE OF 30.00 FEET TO THE NORTHEAST COI~1_'~R OF SAID LANDS; THENCE RUN SOUTH 89°18'38" WE5T ALONG THE NORTHERLY LINE OF SAII3 LANDS AND THE NORTHERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL JA7n104a73s 2 AGENDA ITEM # 8G APRIL 12, 2010 RECORDS VOLUME 6361 PAGE 2172 OF SAID PUBLIC RECORDS, A DISTANCE OF 300.37 FEET TO T$E EASTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 4817 PAGE 722 OF SAID PUBLIC RECORDS; THENCE NORTH 07°16'OZ" WEST ALONG SAID EASTERLY LINE AND NORTHERLY PROJECTION THEREOF, A DISTANCE OF 252.18 FEET; THENCE NORTH 89°18'38" EAST, A DISTANCE OF 500.20 FEET TO THE POINT OF BEGINNIlYG. LESS AND EXCEPT: APART OF THE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH VILLA UNIT NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA: THENCE RUN SOUTH 07°16'02" EAST ALONG A SOUTHERLY PROJECTION OF THE EAST. LINE OF SAID SUBDIVISION, AND ALONG THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IIV PLAT BOOK 38 PAGES 71 AND 7IA OF THE PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 400.62 FEET TO THE POINT OF BEGINNING BEING A POINT ON THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME b953, PAGE 1073 OF SAID PUBLIC RECORDS; THENCE CONTINUE SOUTH 07°16'02" EAST, A DISTANCE OF 175.32 FEET TO THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 9574 PAGE 1103 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 89°19'14" WEST ALONG THE NORTHERLY LINE OF SAID LANDS AND ALONG THE SOUTHERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073, AFORESAID, A DISTANCE OF 500.30 TO THE EASTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 4817 PAGE 722 OF SAID PUBLIC RECORDS, BEING ALSO THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 AFORESAID; THENCE NORTH 07°30'25" WEST ALONG SAID EASTERLY LINE, BEING ALSO THE WESTERLY LINE OF LANDS DESCRIBED iN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 AFORESAID, A DISTANCE OF 175.37 FEET; THENCE DEPARTING SAID LINE RUN NORTH 89°19' 14" EAST A DISTANCE OF 500.76 FEET TO THE POINT OF BEGINNING. TRACT 1: TRACT 1, AQUATIC GARDENS, AS RECORDED IN PLAT BOOK 38, PAGES 71 AND 71A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. aAx~IOa~r~s_a AGENDA ITEM # 8G APRIL 12, 2010 EXHIBIT "D" EAST POND PARCEL TRACT 1, AQUATIC GARDENS, AS RECORDED IN PLAT BOOK 38, PAGES 71 AND 71A OF THE C.`URRENT PUBLIC RECORDS OF DUVAL COUNTI', FLORIDA. JAX11044735 2 AGENDA ITEM # 8G APRIL 12, 2010 EXHIBIT "E" EASEMENT PARCEL THE EASTERLY 30 FEET OF THE FOLLOWING PARCEL: PARCEL 2: APART OF T$E CASTRO Y. FEARER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE PAR'TIC'ULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC $EACH VII,LA, UNIT NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, .FLORIDA; THENCE RUN SOUTH 07°16'02" EAST ALONG A SOUTHERLY PROJECTION OF THE EAST LINE OF SAID SUBDIVISION, AND ALONG THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IN PLAT BOOK 38 .PAGES 71 AND 71A OF THE PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 323.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 07°IS'02" EAST, A DISTANCE OF 282.18 FEET TO THE NORTHEAST CORNER OF THE LAND5 DESCRIBED IN OFFICIAL RECORDS VOLUME 5884 PAGE 1270 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 89°!8'38" WEST ALONG THE NORTHERLY .LINE OF SAID LANDS, A DISTANCE OF 199.83 FEET TO A POINT ON THE EASTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 5891 PAGE 365 OF SAID PUBLIC RECORDS; THENCE NORTH 07°16'02 "WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 30A0 FEET TO THE NORTHEAST CORNER OF SAID LANDS; THENCE RUN SOUTH 89°18'38" WEST ALONG THE NORTHERLY LINE OF SAID LANDS AND THE NORTHERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME b3b1 PAGE 2172 OF SAID PUBLIC RECORDS, A DISTANCE OF 300.37 FEET TO THE EASTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICL4L RECORDS VOLUME 48X7 PAGE 722 OF SAID PUBLIC RECORDS; THENCE NORTH 07°lb'02" WEST ALONG SAID EASTERLY LINE AND NORTHERLY PROJECTION THEREOF, A DISTANCE OF 252.18 FEET; THENCE NORTH 89°18'38" EAST, A DL5TANCE OF 500.20 FEET TO THE POINT OF BEGINNIlYG. LESS AND EXCEPT: APART OF THE CASTRO Y. FEARER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF ATLANTTC BEACH VILLA UNIT N0.2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA: THENCE RUN SOUTH 07°16'02" EAST ALONG A SOUTHERLY PROJECTION OF THE EAST LINE OF SAID SUBDIVISION, AND ALONG THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IN PLAT BOOK 38 PAGES 71 AND 71A OF THE PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 400.62 FEET TO THE POINT OF BEGINNING lAX11044735 2 AGENDA ITEM # 8G APRIL 12, 2010 BEING A POINT ON THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073 OF SAID PUBLIC RECORDS; THENCE CONTINUE SOUTH 07°16'02" EAST, A DISTANCE OF 175.32 FEET TO THE NORTHEAST CORNER OF T8E LANDS, DESCRIBED IN OFFICIAL RECORDS VOLUME 9574 PAGE 1103 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 89°19'14" WEST ALONG THE NORTHERLY LINE OF SAID LANDS AND ALONG TflE SOUTHERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME b953, PAGE 1073, AFORESAID, A DISTANCE OF 500.30 TO THE EASTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 4817 PAGE 722 OF SAID PUBLIC RECORDS, BEING ALSO THE SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME b953, PAGE 1073 AFORESAID; THENCE NORTH 07°30'25" WEST ALONG SAID EASTERLY LINE, BEING ALSO THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME b953, PAGE 1073 AFORESAID, A DISTANCE OF 175.37 FEET; THENCE DEPARTING SAID LINE RUN NORTH 89°19' 14" EAST A DISTANCE OF 500.76 FEET TO THE POINT OF BEGINNING. JAX~1044735 2 AGENDA ITEM # 8G APRIL 12, 2010 . ~. U 0 J 0 d3 C1~ L V O PREPARED BY AND RETURN TO: Alan C. Jensen, Esquire P.O. Box 50457 Jacksonville Beach, FL 32240 ACCESS/USE EASEMENT AGENDA ITEM # SG APRIL 12, 2010 THIS INDENTURE made and entered into this day of March, 2010, by and between SUNRISE COMMUNITY EVANGELICAL FREE CHURCH, a Florida corporation 288 Aquatic Drive, Atlantic Beach, Florida 32233, Grantor; and CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233, Grantee. WITNESS: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, grants to Grantee, its successors and assigns, a perpetual access/use easement for ingress to and egress from the Hopkins Creek Dog Park, by those using the dog park, on the following described real property, to-wit: [SEE ATTACHED EXHIBIT "A"] said parcel and approximate location of the easement being shown on the attached map. TO HAVE AND TO HOLD the same to Grantee, its successors and assigns forever, and Grantor will defend the title to said lands against all persons claiming by, through or under Grantor. GRANTEE agrees to indemnify and hold harmless the Grantor from any and all claims resulting whatsoever from the use of the access for ingress and egress as set forth herein. written. IN WITNESS WHEREOF, the Grantor has set its hand and seal on the date first above SIGNED AND SEALED IN OUR PRESENCE: Witness print name: SUNRISE COMMUNITY EVANGELICAL FREE CHURCH By: Its Witness print name: AGENDA ITEM # 8G APRIL 12, 2010 STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of March, 2010, by as of Sunrise Community Evangelical Free Church, a Florida corporation, who is duly authorized to sign said instrument on behalf of said corporation, and who is personally known to me or who has produced as identification. NOTARY PUBLIC: Printed name: Witness print name:, Witness print name: STATE OF FLORIDA COUNTY OF DUVAL State and county aforesaid My Commission Expires: CITY OF ATLANTIC BEACH By: Its The foregoing instrument was acknowledged before me this day of March, 2010, by as of the City of Atlantic Beach, a Florida municipal corporation, who is duly authorized to sign said instrument on behalf of said corporation, and who is personally known to me or who has produced as identification. NOTARY PUBLIC: Printed name: State and county aforesaid My Commission Expires: PREPARED BY AND RETURN TO: Alan C. Jensen, Esquire P.O. Box 50457 Jacksonville Beach, FL 32240 ACCESS/USE EASEMENT AGENDA ITEM # 8G APRIL 12, 2010 THIS INDENTURE made and entered into this day of March, 2010, by and between SUNRISE COMMUNITY EVANGELICAL FREE CHURCH, a Florida corporation 288 Aquatic Drive, Atlantic Beach, Florida 32233, Grantor; and CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233, Grantee. WITNESS: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, grants to Grantee, its successors and assigns, a renewable access/use easement for parking of vehicles by those using the Hopkins Creek Dog Park, on the following described real property, to-wit: [SEE ATTACHED EXHIBIT "A"] said parcel and approximate location of the easement being shown on the attached map. RENEWABLE EASEMENT: This initial easement shall be for a period of U years from the date hereof, and shall automatically renew for subsequent (__) year periods unless, at least ninety (90) days prior to the expiration of either the initial term or a subsequent term, Grantee notifies Grantor, in writing, that the easement shall not renew, which will result in the termination of said easement at the expiration of the term during which written notice is provided. TO HAVE AND TO HOLD the same to Grantee, its successors and assigns forever, and Grantor will defend the title to said lands against all persons claiming by, through or under Grantor. GRANTEE agrees to indemnify and hold harmless the Grantor from any and all claims resulting whatsoever from the use of this renewable access/use easement for the parking of vehicles using the Hopkins Creek Dog Park as set forth herein. IN WITNESS WHEREOF, the Grantor has set its hand and seal on the date first above written. SIGNED AND SEALED IN OUR PRESENCE: Witness print name: SUNRISE COMMUNITY EVANGELICAL FREE CHURCH By: Its Witness print name: AGENDA ITEM # 8G APRIL 12, 2010 STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of March, 2010, by as of Sunrise Community Evangelical Free Church, a Florida corporation, who is duly authorized to sign said instrument on behalf of said corporation, and who is personally known to me or who has produced as identification. NOTARY PUBLIC: Witness print name: Witness print name: STATE OF FLORIDA COUNTY OF DUVAL Printed name: State and county aforesaid My Commission Expires: CITY OF ATLANTIC BEACH By: Its The foregoing instrument was acknowledged before me this day of March, 2010, by as of the City of Atlantic Beach, a Florida municipal corporation, who is duly authorized to sign said instrument on behalf of said corporation, and who is personally known to me or who has produced as identification. NOTARY PUBLIC: Printed name: State and county aforesaid My Commission Expires: AGENDA ITEM # 8G APRIL 12, 2010 EXHIBIT "A" THE SOUTHERN 30 FEET OF THE FIRST 120 FEET PROCEEDING WEST FROM AQUATIC DRIVE RIGHT OF WAY OF TRACT 1, AQUATIC GARDENS, AS RECORDED IN PLAT BOOK 38, PAGES 71 AND 71A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. TOGETHER WITH THE SOUTHERN 50 FEET OF THE EASTERN 90 FEET OF A PART OF THE CASTRO Y FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING, COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH VILLA UNIT NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; THENCE SOUTH 07°16'02" EAST ALONG A SOUTHERLY PROJECTION OF THE EASTERLY LINE OF SAID ATLANTIC BEACH VILLA UNIT TWO AND THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IN PLAT BOOK 38 PAGES 71 AND 71A OF SAID PUBLIC RECORDS, A DISTANCE OF 323.13 FEET; THENCE SOUTH 89°18'38" WEST, A DISTANCE OF 500.20 FEET TO THE EASTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 3302 PAGE 744 OF SAID PUBLIC RECORDS; THENCE NORTH 07°16'02" WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 527.20 FEET TO THE SOUTHERLY LINE OF SAID ATLANTIC BEACH VILLA UNIT NO. 2; THENCE SOUTH 69°31'25" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 561.45 FEET TO THE POINT OF BEGINNING. 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