Item 8HAGENDA ITEM # 8H
APRIL 12, 2010
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Modification to Agreement between the City of Atlantic Beach and
The Estates of Atlantic Beach LLC
SUBMITTED BY: Jim Hanson, City Mana
DATE: Apri15, 2010
BACKGROUND: The owners of The Estates have offered to the City of Atlantic Beach to
amend the Agreement providing for a sewer line easement that was
approved by the City Commission in September of 2009. The amendment
would eliminate the requirements that the trees be removed by Atlantic
Beach and mitigation costs be paid and instead that the estimated cost of
these of $140,000 be paid to The Estates. The City of Atlantic Beach
would still have the easement for installation of the sewer line but would
be required to install the line through directional drilling. The other
provisions of the Agreement would remain the same.
The effect of this Agreement would be to allow the trees along this
property to remain in place until such time as the owners of The Estates
choose to develop the property, at which time it would be their
responsibility to remove trees and pay any mitigation costs. Some of the
Oceanwalk residents have objected to the removal of several trees that
would be required under the original Agreement. This proposed
amendment would allow the trees to remain at least for the time being and
should resolve the issue related to the sewer line installation.
BUDGET: Engineers working on the behalf of the City have not yet established a
design for the proposed roadway as described in the Agreement with The
Estates so the most current estimate of the cost to remove the trees and
mitigation fees to the City of Jacksonville remains at $140,000. The
City's engineers have also tried to estimate the difference in cost between
directional drilling and open cut installation. In this situation, and at this
particular time, they believe the costs to be approximately equal.
Therefore, it is not anticipated that there will be any change in the City's
installation cost for the sewer line from this proposed Agreement.
RECOMMENDATION: Authorize the City Manager to approve the Modification Agreement
attached hereto.
ATTACHMENTS: 1) Modification Agreement
AGENDA ITEM # 8H
APRIL 12, 2010
MODIFICATION 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, a Florida municipal
corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter referred to as the
"City"), and THE ESTATES OF ATLANTIC BEACH, LLC., a Florida limited liability
company, 501 Riverside Avenue, Suite 600, Jacksonville, FL 32202 (hereinafter referred to as "The
Estates").
The parties to this Modification Agreement entered into an Agreement dated ,
2009, which included requirements for The Estates to provide a utility easement to the City and to
place certain deed restrictions on its real property, and the City agreed that The Estates had a legal
right to construct a street on its property and that the City was responsible for any tree removal and
resulting tree mitigation costs in connection with use of the easement and future road construction.
A copy of the original Agreement is attached hereto as Exhibit "A", and to the extent that it is not
inconsistent with terns of this Modification Agreement, is made a part hereof.
The parties hereby modify the Agreement, Exhibit "A" attached hereto, in the following
respects:
(a) Paragraphs 2(b) and (c) on page 3 of said Agreement are deleted and the following
paragraph 2(b) is substituted in their place, so that paragraph 2 now meads as follows:
" 2. Covenants, promises and agreements to be performed by the City:
(a) The City agrees The Estates has the legal right to construct a
street on its property which fully connects to Selva Marina Drive at its northern
most point and that The Estates is vested with sufFicient capacity on Selva Marina
Drive to accommodate vehicuiaz traffic which will be generated by thirty-eight (38)
single family residential units. The number of trips to be vested will be determined
by a traffic study provided by The Estates. The vested rights for capacity on Selva
Marina Drive and the agreement to construct the street connecting to Selva Marina
Drive will be confirmed, in writing, to The Estates in a form of document acceptable
to The F,states.
(b) The City shall uav to The Estates on or before June 30 2010
the sum of $140.000.00 which is the estimated cost for tree mitipation arxi removal
associated with construction of a future road in the sewer easement as aired in
AGENDA ITEM # 8H
APRIL 12, 2010
this A meet. This amount is being raid to The Estates for the purpose of tree
removal and nvtis?ation cosrts to be paid to the City of Jacksonville After payment
of this amoun the Crtv shall have no further responsibility for any future tree
removal or mttiQat~on unless rt is reawred m connection with the sewer line
uastallation, and The Estates shall have the sole responsibility for all tree removal
and nutieation m connection with construction of the future road."
IN 'WITNESS WHEREOF, the parties have hereunto set their hands and official seals on
the date and place first above written.
SIGNED AND SEALED IN OUR PRESENCE:
Witness print name:
Witness print name:
Wigs print Warne:
Witness print name:
CITY OF ATLANTIC BEACH, FLORIDA
By:
James R Hanson, City Manager
Attest:
Donna Bartle, City Clerk
THE ESTATES OF ATLANTIC BEACH LLC
By
2
Michael A. Sores, Manager