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Item 8B AGENDA ITEM # 8B OCTOBER 25, 2010 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Atlantic Beach Dog Park SUBMITTED BY: Rick Carper, P.E., Public Works Director /C_ DATE: October 15, 2010 BACKGROUND: At the April 12 Meeting, the Commission approved the proposed park concept of operations . and park layout, and authorized the City Manager to sign the agreement with the AB Dog Park Committee for operation of a dog park at Hopkins Creek Pond. The Commission also authorized the Mayor to sign the Interlocal Agreement with the City of Jacksonville for partial funding ($15,000) of the dog park construction. The deadline for this grant has been extended December 31 In addition, the City has received $6,740 in donations toward dog park initial construction including $4000 from the Atlantic Beach Dog Park Committee. The Committee anticipates additional fundraising including a grand opening celebration to be scheduled. The Commission did not approve the proposed fee structure and requested to include a method to provide access for Guests and Visitors. Proposed fees (to be collected by City Staff): Annual usage fee - $50 for first dog, $25 for additional dogs; Guest (defined as someone using the park with a local who already has an access card) - $5/day user fee, to be paid at City Hall — no tag required, receipt from Cashier serves as documentation of legal use of Park. Visitor (Someone who doesn't have friend / relative with access pass, but wants to use park on daily / weekly basis) - $10 /day user fee, to be paid at City Hall, will receive dog tag and access card. Install slotted drop box at Dog Park for leaving card after last park visit. Note: Guests and visitors must still provide documentation that their animals meet the shot and neuter requirements. 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. User fees collected will augment Dog Park 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, including maintenance and updates to the electronic access system. 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, with the park closed one morning per week for maintenance (mowing, spraying, etc.). AGENDA ITEM # 8B OCTOBER 25, 2010 Staff has completed negotiations with Sunrise Community Church on permission to use the pond area as a dog park and non - exclusive easements granting use of the south Church driveway for access and parking for Dog Park users (Draft easement agreements in Attachment 2). The easements will have an initial term of three years, with annual renewals. Because the Hopkins Creek Pond site has been serving as an 'unofficial' dog park for a considerable time, there has been significant wear and tear on the sod areas at the entrance to the pond. Much of this area will be covered with the brick entry area, but staff intent is to resod worn areas outside of that prior to the official opening of the dog park. Temporary fence will be used to isolate these areas while the sod takes hold. BUDGET: Funds for construction of the dog park ($20,800) were approved by the Commission in April. 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 from user fees and additional fundraising efforts by the Atlantic Beach Dog Park Committee. RECOMMENDATION: Recommend the Commission approve the proposed fee structure 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 accept the Access and Parking easement from Sunrise Community Church and sign the grant of easement document. ATTACHMENTS: 1. Approved Dog Park layout 2. Agreement with Sunrise Community Church for Permission to use as Dog Park and Grant of Easement for Park Access and Parking 3. Agreement with the Atlantic Beach Dog Park Committee REVIEWED BY CITY MANAGER: 'R9f ' 't ..*i � 1 Atlantic Beach Dog Park - it N } 5 AREAS i , . Q Parking 1 © Vestibule 1.,i ' 1 ' 11 , I ti O Large Dog Area - ' 0 Small Dog A rea . 1 4 ... 4 g r i I t O Retention Pond 1 Feet W 0 25 50 100 gam; — . .... .:. .. ''''..t%,1.4"•.,: ' - - , 4 y ,' pr I Imo r � r vary ss � r ..........— . ...... , ta• s'li.04'=r.r= r vows ... L ra s s T a. sat rm r ar =erar a •sat �. �. r.. o �= 2 •_•.1 1 _. 1 ,. 4 I l� ' _, •w. . ..._....s.a. .....•...�._•_.�. ..•.q. �.r.•� _• ..... •_F7.,f...... . �J - t: : ., A.} L ..._..r. _ �I f) n I ti T I yt 0 z CO 51..14 - ijihre. N :4 [i7 IV Tr ...4* ' Niiiii; 4 ill t ., I o 0 co ' � <` .. � t ae I V ' I i s — __ _. — �t 41... - 2i a AMENITIES N Doggie Bag Station gill Trash Receptacle ' y `, j irr .i "` " I ti I Watering Station � d ` '° = II ® ,. I I !! ! '4 4' 6 4 6 -1 a rY A 4. t , q': x I Bench Q: Q�4 r 4' a GATES -0 f, < _} " t;!.:.'4,_:::::'-'.'.......'..:;...I • Vestibule Entry Gate '` " y7_M 1 0 � .'' 4 y y' . Large Dog Area Controlled Access Gate ~; _ �.. ti 0 Small Dog Area Controlled Access Gate `" `�, .i° ``_ U 6 0 M Gate _ . JINN , .......... . GROUNDCOVER ��� , 7 ° 11111111■11111=W Q , 1111 Driveway (asphalt) _ ��� F Parking (mulch) �� ' Walkway (asphalt) 9 • el Vestibule (paver) o 1: o Z 1 r) rri Dog Recreation Areas (sod) � Feet i ^ m 0 5 10 20 I N ,, S .,, cc AGENDA ITEM # 8B OCTOBER 25, 2010 RENEWABLE EASEMENT AND RENEWABLE CONSENT AGREEMENT THIS AGREEMENT is made this day of , 2010 by and between the SUNRISE COMMUNITY EVANGELICAL FREE CHURCH, a Florida not - for - profit corporation, 288 Aquatic Drive, Atlantic Beach, Florida 32233, ( "Church "); and CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 ( "City "). RECITALS WHEREAS, the Church is the owner of certain real property located in Duval County, Florida, as more particularly described as Parcel "A" and Parcel "B ", and approximate locations shown, on Exhibit "A" attached hereto and known hereafter respectively as (Parcel "A" Easement Area') and (Parcel "B" Easement Area') and ':known together hereafter as the ( "Access/Use Easement Areas "). WHEREAS, the City is the owner of certain real property located in Duval County, Florida, as more particularly described in the Corrective Special Warranty Deed Including Covenants, Restrictions, and Easements recorded in Duval County. Records Book 13659 Page 2484 and attached as Exhibit "B" ( "Deed Provisions "), Which certain real property is also described, in like manner, as Parcel "C ", and approximate location shown, on Exhibit "A ". WHEREAS, the Deed Provisions restrict use of the City's Parcel "C" to stormwater retention pond and related drainage improvements and that the City shall not use Parcel "C" for any other purpose without the consent of the Church. WHEREAS, the City desires to receive, and the Church wishes to grant its renewable consent for the City, to construct, operate, and maintain a city dog park ( "City Dog Park ") within the City's Parcel "C" (`City Dog Park Area "). WHEREAS, the City desires to receive, and the Church wishes to grant, a renewable non - exclusive access /use easement over the Access/Use Easement Areas in order for the City to allow users of the City Deg Park to ingress and egress from Aquatic Drive to the City Dog Park Area and to allow the dog park users to temporarily park personal transportation on Parcel "B" Easement Area while using the City Dog Park Area. WHEREAS, the Church desires and, because the City understands its importance to the Church and to the public and in recognition of the Church cooperatively working with the City on area wide drainage and dog park solutions, the City wishes to continue the Church's continued use of the City right -of -way immediately adjacent to the north side of the intersection of Aquatic Drive and Atlantic Boulevard for an easily viewable Church sign. WHEREAS, the City and the Church have agreed to execute this Agreement on the terms, conditions and restrictions set forth herein. NOW, THEREFORE, in consideration of the statements in this document and the considerations outlined below, the Church and the City agree as follows: Page 1 AGENDA ITEM # 8B OCTOBER 25, 2010 1. Recitals. The above recitals are true and correct and are incorporated into and made a part of this Agreement. 2. Grant of Renewable Easement. a. Church does hereby grant and convey to the City and its successors, a non- exclusive, renewable easement with the right, privilege, and authority to said City and its successors solely for access /use in order for the City solely to allow users of the City Dog Park to ingress and egress over Parcel "A" Easement Area and Parcel "B" Easement Area from Aquatic Drive to the City Dog Park Area and solely to allow dog park users to temporarily park personal transportation on Parcel "B" Easement Area while using the City Dog Park Area. The City is to make improvements, subject to the Church concurrence for each specific improvement which may be planned by the City from time to time, to enhance the use of this easement for its stated purpose and to mitigate impact to, and concerns of, the Church. b. The initial term of this easement shall be for a period of three (3) years from the date hereof, and shall automatically renew for subsequent one (1) year periods unless, at least thirty (30) days prior to the expiration of either the initial term or a subsequent term, Church notifies City, in writing, that the easement shall not renew, which shall result in the termination of said easement at the expiration of the term during which written notice is provided. c. The City may vacate use of this easement by providing the Church a written thirty (30) days vacate notice, which shall result in termination of said easement at the end of the 30 -day notice period. d. Any property use and any facility installed, erected, operated, maintained, and /or repaired, in the exercise of the privilege granted under Paragraph 2.a. of this Agreement remains subject to removal and restoration, remaining with modifications or remaining as is, by the City at the City's sole cost, on the City's receipt of the Church's thirty (30) days notice of non-renewal or the Church's receipt of the City's thirty (30) days vacate notice. The Church and City will determine cooperatively together which improvements may remain as is, which improvements may remain with modifications, and which improvements are to be removed and restored. The Church's desire shall prevail if the Church and City cannot agree on the outcome of a specific improvement. e The City shall bear all costs whatsoever in regards to the Church's grant of, and the City's use of, this renewable easement. 3. Grant of Renewable Consent. a. Under the provision of Paragraph 1 of the Deed Provisions, the Church does hereby grant and convey to the City and its successors, the Church's consent solely for the City to construct, operate, maintain, and /or repair, the City Dog Park within the City's Parcel "C" subject to the Church's concurrence for each specific improvement, which may be planned by the City from time to time. b. The initial term of this consent shall be for a period of three (3) years from the date hereof, and shall automatically renew for subsequent one (1) year periods unless, Page 2 AGENDA ITEM # 8B OCTOBER 25, 2010 at least thirty (30) days prior to the expiration of either the initial term or a subsequent term, Church notifies City, in writing, that the consent shall not renew, which shall result in the termination of said consent at the expiration of the term during which written notice is provided. c. The City may vacate use of this consent by providing the Church a written thirty (30) days vacate notice, which shall result in termination of said consent at the end of the 30 -day notice period. d. Any property use and any facility installed, erected, operated, maintained, and /or repaired, in the exercise of the privilege granted under Paragraph 3.a. of this Agreement remains subject to removal and restoration, remaining with modifications or remaining as is, by the City at the City's sole cost, on the City's receipt of the Church's thirty (30) days notice of non - renewal or the Church's receipt of the City's thirty (30) days vacate notice. The City and Church will determine cooperatively together which improvements may remain as is, which improvements may remain with modifications, and which improvements are to be removed and restored. If the Church and City cannot agree on the disposition of a specific improvement, then the City's desire shall prevail as long as it is aesthetically pleasing to the Church and does not unreasonably impact the Church's activities events and /or use of its property. e. The City shall bear all costs whatsoever in regards to the Church's grant of, and the City's use of, this renewable consent. 4. Church Use of City Right -of -Way for. Church Sign. a. The City and the Church agree that the Church's continued use of adjacent City right -of -way on the north side of the intersection of Aquatic Drive and Atlantic Boulevard for an easily viewable Church sign shall continue under this Agreement. b. The City and the Church agree that the Church's continued use of adjacent City right-of-way on the north side of the intersection of Aquatic Drive and Atlantic Boulevard for an easily viewable Church sign shall automatically continue if the City vacates the use of the easement in Paragraph 2 and /or the consent in Paragraph 3. c. The City and the Church agree that if the Church terminates use of the easement in Paragraph 2 and /or the consent in Paragraph 3, the City shall not unreasonably deny, modify or change the Church's continued use of the City right -of- way on the north aide of the intersection of Aquatic Drive and Atlantic Boulevard for an easily viewable Church sign. The City and Church agree that future sign requirements enacted in the City Code of Ordinances that apply to all similarly situated signs shall be inapplicable with regards to the Church's sign unless these requirements are implemented by the City on all similarly situated signs, without any waiver whatsoever for any reason whatsoever for any particular similarly situated sign whatsoever. If future sign requirements enacted in the City Code of Ordinances are determined to apply to all similarly situated signs, without any waiver whatsoever for any reason whatsoever for any particular similarly situated sign whatsoever, the City and Church also agree that the City shall not deny, modify, or change the Church's continued use of the City right -of- way on the north side of the intersection of Aquatic Drive and Atlantic Boulevard for an easily viewable Church sign until the City gives notices to all owners of all similarly Page 3 AGENDA ITEM # 8B OCTOBER 25, 2010 situated signs, without any waiver whatsoever for any reason whatsoever for any particular similarly situated sign whatsoever, that each similarly situated sign shall be relocated with a time certain that is the same for all similarly situated signs. If this situation occurs, the City and Church agree that the City shall allow the Church to relocate its easily viewable sign to private property, whether or not it is Church -owned property, adjacent to the north side of the intersection of Aquatic Drive and Atlantic Boulevard, which may or may not, from time to time, be offsite from the primary Church property. 5. Limitations and Restrictions. The easement described in Paragraph 2 above and the consent described in Paragraph 3 above and all rights established by this Agreement are subject in each instance to the following: a. City Improvements Subject to Church Concurrence. City's use of the Access/Use Easement Areas and the City Dog Park Area does not permit any permanent structures or facilities. The City shall coordinate with the Church obtaining Church concurrence for each specific improvement that it plans to install from time to time and /or specific activity /event it plans to engage in or allow from time to time under the privileges granted by this Agreement, which ., concurrence the Church shall not unreasonably deny. The City agrees that the Church retains discretion to reasonably adjust its previously provided concurrence for any improvement and /or activity /event which from time to time the Church later determines unreasonably impacts the Church's activities /events and /or use of its = property. If the City. is <<unable to provide cure and remedy of the offending improvement and /or offending activity /event to the satisfaction of the Church, then the City agrees that it will remove the offending improvement and restore its area and /or terminate the offending activity/event. b. Maintenance and Repair. City, at its sole expense, on behalf of itself and its successors, at all times during this Agreement, shall maintain or cause to be maintained the Access/Use Easement Areas and the City Dog Park Area to include, but not limited to, any facilities, structures or improvements located therein, and any other improvements existing from time to time other than those installed by Church, in a state of good order and repair, incompliance with applicable laws and regulations, and in a safe, clean and sanitary condition. Notwithstanding the foregoing, City shall bear the entire cost of repairs, replacements, removal and restoration to the City's improvements in the Access/Use Easement Areas and the City Dog Park Area. d. Self Help. If the City fails to maintain its improvements /facilities on Church property p,; required by this Agreement or fails to adhere to the restrictions and stipulations provided in this Agreement, the Church may, but in no way is required to, complete necessary repairs, maintenance, modifications, or removal and restoration after the Church gives City thirty (30) days written notice of the need for the maintenance, repairs, modifications, or removal and restoration. If this occurs, City shall pay to the Church the full costs of the repairs, maintenance, modifications, or removal and restoration within thirty (30) days after City receives the Church's invoice for such repairs, maintenance, modifications, or removal and restoration. This includes, but is not limited to, the requirements of Paragraph 2.c. above. Page 4 AGENDA ITEM # 8B OCTOBER 25, 2010 e. Non - exclusive. This Agreement and all rights granted herein shall be non - exclusive. Church shall continue to enjoy the use of the Access/Use Easement Areas for any and all purposes of its choosing and if inconsistent with the City's use hereunder, shall notify City of such use by the Church and City shall adjust its use to be consistent with Church's use. f. Permissive Use Only. It is hereby agreed by the parties that this Agreement creates a permissive use only. Neither the granting of the permission to the City in Paragraph 2 above to use the Church's property nor the placing of improvements by the City upon the Church's property shall operate to create or vest any property right to or in the City. The City shall not acquire any right, title, interest or estate in the Church's Parcel "A ", the Church's Parcel "B" and/or the Church's other adjacent property of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the City's use, occupancy or possession of the Church's Parcel "A ", the Church's Parcel "B" and/or the Church's other adjacent property that might occur from time to time. In like manner, neither the granting of the consent permission to the City in Paragraph 3 above for the City Dog Park on the City's Parcel "C" nor the placing of related improvements by the City upon the City's Parcel "C" shall operate to create or vest in the City whatsoever the right for any other use by the City of the City's Parcel "C ". 6. Indemnification. The City shall indemnify and hold the Church harmless against all liability, damages, costs and expenses from causes of action, suits, claims, demands and judgments of any nature whatsoever arising out of the City's use of the Access/Use Easement Areas, the City Dog Park Area and Parcel "C" or related to this Agreement. 7. Miscellaneous. a. Governing Law; Venue. The laws of the State of Florida shall govern this Agreement and venue shall be Duval County, Florida. b. Notices.' Any notice or election required or permitted to be given or served by any patty hereto upon the other party shall be deemed given or served in accordance with the provisions of this Agreement when delivered either personally or by a courier service to the following addresses: As to City: As to Church: City of Atlantic Beach Sunrise Community Evangelical Free Church Attn: City Manager Attn: President 800 Seminole Road 288 Aquatic Drive Atlantic Beach, Florida 32233 Atlantic Beach, Florida 32233 Telephone: (904) 247 -5806 Telephone: (904) 249 -3030 Either party may change its address for the purpose of giving notice hereunder by giving the other party notice thereof in accordance with the provisions of this paragraph. (i) Notice of Non - Renewal. Notice of non - renewal of the easement in Paragraph 2 above shall also constitute notice of non - renewal of the consent in Page 5 AGENDA ITEM # 8B OCTOBER 25, 2010 Paragraph 3 above. In like manner, notice of non - renewal of the consent shall also constitute notice of non - renewal of the easement. (ii) Vacate Notice. Vacate notice of the easement in Paragraph 2 above shall also constitute vacate notice of the consent in Paragraph 3 above. In like manner, vacate notice of consent shall also constitute vacate notice of the easement. c. Successors and Assigns. The terms of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the heirs, legal representatives, successors and assigns of the above named parties including but not limited to any subsequent owners of the lands described in Exhibit "A" and Exhibit "B ". All obligations and rights of the parties shall be binding upon their respective successors, title assigns, transferees and grantees. d. Covenants Running with the Land. This Agreement and the rights and duties granted in this Agreement shall be appurtenant to and run with the fee title to the lands herein described, and shall be for the benefit of binding upon, the parties and their respective successors, assigns, licensees, invitees, employees, tenants, lessees, agents, customers, guests and mortgagees. e. Incidental Rights. The easement and consent granted and conveyed herein include all incidental rights reasonably necessary for the use and enjoyment of the respective easement and consent for their intended purpose. f. No Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or entity other than the parties hereto any right, remedy or claim under or by reason of, this Agreement or any provisions or conditions hereof; and all of the provisions representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives and successors. g. Attorney's Fees. Each party to this Agreement shall b responsible for their own attorney's fees. If the parties pursue court action under this Agreement, the prevailing party shall be entitled to recover reasonable court costs, expert fees and attorney's fees from the non - prevailing party. h. Severability. If any portion of this Agreement is void or deemed unenforceable by a Court for any reason, the unenforceable portion shall be severed from the remaining portions of this Agreement, which shall otherwise remain in full force. i. Construction of Agreement. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. Page 6 AGENDA ITEM # 8B OCTOBER 25, 2010 j. Amendment. This Agreement may not be modified, altered or changed except upon express written consent of the Church and the City. k. Exhibits. The exhibits attached hereto are incorporated herein by reference. 1. Captions. Paragraph titles or captions contained herein are inserted as a matter of convenience and in no way define, limit, extend or describe the scope of this Agreement. m. Waiver. The failure of either party to insist on one or more occasions the strict performance or compliance with a term, provision or otherwise of this Agreement shall not be deemed a waiver or relinquished in the future of enforcement thereof, and it shall continue in full force and effect unless waived or relinquished in writing by the party to be charged. IN WITNESS WHEREOF, Church and City have caused these presents to be executed in their names the day and year first above written. CITY: CITY OF ATLANTIC BEACH, Witness: a Florida Municipal Corporation BY: Print Name: Print Name: Its Print Name: STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of July, 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: Page 7 AGENDA ITEM # 8B OCTOBER 25, 2010 CHURCH: SUNRISE COMMUNITY EVANGELICAL FREE CHURCH, Witness: a Florida Not - For -Profit Corporation BY: Print Name: Print Name: Its Print Name: STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of July, 2010, by , as of the Sunrise Community Evangelical : Free Church, a Florida not - for - profit 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: Page 8 AGENDA ITEM # 8B OCTOBER 25, 2010 EXHIBIT "A" (Page 1 of 3) Church's PARCEL "A" THE SOUTHERLY 30 FEET OF TRACT 1, AQUATIC GARDENS, AS RECORDED IN PLAT BOOK 38, PAGES 71 AND 71A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. Church's PARCEL "B" A PART OF THE CASTRO Y FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND ALSO BEING A PORTION OF OFFICIAL RECORDS VOLUME 6953, PAGE 1073 OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH VILLA UNIT NO. 2, AS RECORDED IN PLAT BOOK 31, PAGE 13 OF SAID CURRENT PUBLIC RECORDS, SAID POINT ALSO LYING ON THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IN PLAT BOOK 38, PAGES 71 AND 71A OF SAID PUBLIC RECORDS; THENCE SOUTH 07 °16'02" EAST, ALONG THE WESTERLY LINE OF SAID AQUATIC GARDENS, A DISTANCE OF 323.04 FEET TO THE NORTHEASTERLY CORNER OF SAID OFFICIAL RECORDS VOLUME 6953, PAGE 1073; THENCE CONTINUE SOUTH 07 °16'02" EAST, ALONG THE EASTERLY LINE OF SAID OFFICIAL RECORDS VOLUME 6953, PAGE 1073, A DISTANCE OF 27.42 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 07 °16'02" EAST, ALONG THE EASTERLY LINE THEREOF, A DISTANCE OF 49.54 FEET TO THE SOUTHEASTERLY CORNER OF SAID OFFICIAL RECORDS VOLUME 6953, PAGE 1073; THENCE SOUTH 89 °19'14" WEST, ALONG THE SOUTHERLY LINE THEREOF, A DISTANCE OF 90.55 FEET; THENCE NORTH 07 °16'02" WEST, DEPARTING SAID SOUTHERLY LINE, A DISTANCE OF 39.07 FEET; THENCE NORTH 82 °40'50" EAST, A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING. AGENDA ITEM # $B OCTOBER 25, 2010 EXHIBIT "A" (Page 2 of 3) City's PARCEL "C" 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 01? 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 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 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 01? 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. EXHIBIT r,A„ t ds....o..w.«a. 1_ �-� _ - (Page 3 of 3) _ _ A01l4TiC lM1YE tea - i - i— - 11 - - Church's I ° � R) PARCEL " A" .. ..1., : . dd t N 1-4 LW -4 tot mlCr , .wwTC a.aaexs � � I Dowd 1 rac 1 r 7 d /IA M9CEt ,.'"""wvB t o yF� WY „ (MY ..... M.WV 4.8 • I I N%MIt NA a w I E Sang ear FONlge pll.03 , Mft 1 t r I 1 1 /1 I k 1 1 " r 1 r 1 1 ! 1 PARCEL "C" 1 t f 1 1 1 � t 1 3 i ' Church's 1 t r 1 1 t t PARCEL "B" r t I - 1 1 F. 1 ..�>, «., I i a AtRUanc DRIVE I ad Wt. MR 342.346 rt . _ aR,/r/�KVA..a I. I t ROOM _ _ 'J ^//` 1 1 o . 0 wu "/ . 1' I " i f 1 I f t 1 1 1 1 ,, 1 ; t L 1 1 1 1 1 1 1 t a1:,� I t t ' PRV IMF,. PAN 2M/ rWah,4i lRPrfJfMA`AtbLRiftTAilhF t ,4Pr rkv1MMa/ a,r }airnMK AMP a I 1 1 F-V ? A RO1110.1 UrtN,Q &R,r1Cf a � m ORS: .. ... am ex" 1 t 1 a 1 6 »� ra1 o Z Is' ./ m,. __ , r •, z N --3 m N K _0 C W AGENDA ITEM # 8B OCTOBER 25, 2010 EXHIBIT "B" Corrective Special Warranty Deed Including Covenants, Restrictions, and Easements recorded in Duval County Records Book 13659 Page 2484 and copy attached following. AGENDA ITEM # 8B OCTOBER 25, 2010 Doc # 2006407045, OR BK 13659 Page 2484, Number Pages: 13 Filed & Recorded 11/2712006 at 10:56 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $112.00 PREPARED BY, RECORD AND RETURN TO: Anthony A. Anderson, Esquire Rogers Towers, P.A. 1301 Riverplace Boulevard, Suite 1500 Jacksonville, Florida 32207 NOTE TO CLERK: NO DOCUMENTARY STAMP TAXES ARE DUE AS THIS SPECIAL WARRANTY DEED IS BEING RECORDED TO CLARIFY THE SCOPE OF THE ACCESS EASEMENT SET FORTH IN PARAGRAPH 7 BELOW ON THE SPECIAL WARRANTY DEED RECORDED AT OFFICIAL RECORDS BOOK 13625, PAGE 663 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. CORRECTIVE SPECIAL WARRANTY DEED INCLUDING COVENANTS. RESTRICTIONS AND EASEMENTS THIS INDENTURE, made as of the 6 day of November 2006, between SUNRISE COMMUNITY EVANGELICAL FREE CHURCH, INC., a Florida not for profit corporation ( "Grantor "), whose address is 298 Aquatic Drive, Atlantic Beach, Florida 32233, and CITY OF ATLANTIC BEACH, a corporate body politic ( "Grantee "), whose address is 800 Seminole Road, Atlantic Beach, Florida 32233. WITNESSETH: That Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.00), to it in hand paid by the Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to the Grantee, its successors and assigns forever, the following described land, situate, lying and being in the County of Duval, State of Florida, to wit: See Exhibit "A" attached hereto and by reference made a part hereof (hereinafter the "Property "). Subject to those matters listed on Exhibit `B" attached hereto and by reference made a part hereof. And, except for those matters set forth on Exhibit "B" attached hereto, Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other. COVENANTS, RESTRICTIONS AND EASEMENTS The Property is conveyed subject to the following covenants, restrictions and easements: 1. Drainage Improvements and Use Restrictions. Subject to the terms of this Indenture, Grantee, at its costs and expense, shall develop and operate the Property as a site for a stormwater retention pond and related drainage improvements (hereinafter referred to as the " "Drainage Improvements ") that will provide stormwater detention and retention for surrounding property including certain real property retained by the Grantor more particularly described in Exhibit "C" attached hereto (hereinafter referred to as the "Church Parcel "). Grantee shall not use the Property for any other purpose including, but not limited to the storage of equipment, as a Jax1897855 1 AGENDA ITEM # 8B OCTOBER 25, 2010 40 staging area for Buyer's material or the removal trees, without the consent of the owner of the Church Parcel except that should the Grantee receive grant funding from an entity requiring an education element, the Grantee may install a kiosk or other facility needed to satisfy the educational criteria of the grant. The provisions of this Paragraph 1 to the contrary notwithstanding: (1) the Grantee may keep construction equipment on the Property while constructing the Drainage Improvements and (2) the Grantee may remove trees necessary to construct the Drainage Improvements. Grantee shall install, operate and maintain as part of the Drainage Improvements, a decorative spraying fountain in the retention pond to be constructed as part of the Drainage Improvements. 2. Decorative Fencing. Upon completion of the Drainage Improvements, the Grantee covenants and agrees, at its costs and expense, to install and maintain decorative fencing along the north, west and east sides of the retention pond constructed as part of the Drainage Improvements (hereinafter referred to as the "Decorative Fencing "). Furthermore, in order to provide a landscape buffer between (i) the Property and the Church Parcel and (ii) the commercial development to the south of the Property, Grantee, at its costs and expense, shall install and maintain additional landscaping along the south property line of the Property pursuant to a landscape plan acceptable to Grantor, subject to clearance requirements for an existing sanitary sewer line and stormwater lines constructed as part of the Drainage Improvements. Such landscape plan shall include but not be limited to oak trees and fast growing pine trees. All plant material reflected in the landscape plan shall be permitted by, and comply with, all applicable governmental laws and regulations. Grantee agrees, at its costs and expense, to replace any plant material that dies, becomes diseased or otherwise fails to thrive during the twelve (12) month period following installation. 3. Lighting. Upon completion of the Drainage Improvements, Grantee covenants and agrees, at its cost and expense, to purchase and install lighting along the south property line of the Church Parcel in order to provide lighting for the southern edge of the Grantor's parking lot located or to be located along the southern portion of the Church Parcel. Accordingly, the Grantee is hereby granted a temporary license to access the southern portion of the Church Parcel in order to install such lighting. Such license shall terminate upon such installation. Grantor shall be permitted to record a notice of termination in the current public records of Duval County, Florida in order to evidence such termination. Upon the installation of such lighting, the Grantor, at its sole cost and expense, shall be responsible for maintaining, operating and replacing such lighting. 4. East Pond Parcel Easement and East Drainage Facilities. Subject to the terms and conditions hereinafter provided, the Grantor hereby grants to Grantee, a perpetual non - exclusive easement and right of way over, under and across that portion of the Church Parcel more fully described in Exhibit "D" attached hereto and incorporated by reference herein (hereinafter referred to as the "East Pond Parcel ") for the construction, operation, maintenance and repair of a stormwater retention pond and related stormwater drainage facilities (hereinafter referred to as the "East Drainage Facilities ") for the drainage of stormwater from surrounding real property including the Church Parcel. Grantee covenants and agrees that it is shall construct the East Drainage Facilities at its cost and expense, and in the process Grantee shall remove the drainage ditch located on the East Pond Parcel as of the date of this Indenture. Grantee shall install, operate and maintain as part of the East Drainage Facilities, a decorative spraying fountain in the JAXU044735 3 -2- AGENDA ITEM # 8B OCTOBER 25, 2010 retention pond to be constructed as part of the East Drainage Facilities, however, Grantor shall pay for the electric service to the decorative spraying fountain.. 5. Tree Replacement. Grantee agrees, at its costs and expense, to replace any trees that are destroyed during the construction of the Drainage Improvements and the East Drainage Facilities with tree replacements meeting the Protected Tree Replacement Criteria established by the City of Atlantic Beach. However, trees that must be removed in order to construct the Drainage Improvements and the East Drainage Improvements shall be excluded from this requirement. 6. Driveways and Temporary Construction Easement. Grantee covenants and agrees that it shall construct and pave two (2) driveways for ingress and egress from the Church Parcel to Aquatic Drive, a dedicated public right of way (hereinafter referred to collectively as the "Driveways" and individually as a "Driveway "). One Driveway shall be located south of the retention pond constructed as part of the East Drainage Improvements (hereinafter referred to as the "South Driveway ") and one Driveway shall be located north of the retention pond constructed as part of the East Drainage Improvements. The South Driveway shall be constructed and paved to the property line of the Property. Grantor hereby grants the Grantee a temporary easement for the construction of the Driveways on, over, along, through, across the Church Parcel. This temporary easement shall be exclusively for, and limited to, the construction of the Driveways, and shall automatically terminate upon the completion of the Driveways and the restoration of the surface area of that portion of the Church Parcel disturbed by the construction of the Driveways. Grantor shall record a termination of this temporary easement at such time as the Driveways have been completed and the surface area of the Church Parcel restored. 7. Access Easement. Subject to the terms and conditions hereinafter provided, the Grantor hereby grants to Grantee, a perpetual non - exclusive easement and right of way over and across (i) all driveways and roadways as presently and hereafter located on the East Pond Parcel (including the Driveways defined in Paragraph 6 above) and (ii) that portion of the Church Parcel more fully described in Exhibit "E" attached hereto and incorporated by reference herein (hereinafter referred to as the "Easement Parcel ") for reasonable access, ingress and egress to the Property. The easement created pursuant to this paragraph 7 shall be referred to as the "Access Easement ". The Access Easement shall not, and does not, create any parking easement rights. 8. Reserved Easements. a. Grantor and Grantee acknowledge that the Church Parcel shall be permitted to drain into the Drainage Improvements and the East Drainage Facilities. Accordingly, the Grantor hereby reserves for the benefit of the Church Parcel, a perpetual, non- exclusive easement for stormwater drainage, retention and detention. Grantee agrees that Drainage Improvements and the East Drainage Facilities will be of sufficient size to provide stormwater retention for the Church Parcel so long as the Church Parcel is developed in compliance with all applicable governmental laws, rules and regulations (i.e. up to 50% impervious surface area). Furthermore, Grantor shall be permitted to route stormwater from future development on the Church Parcel into either the Drainage Improvements or the East Drainage Facilities as needed for collection efficiency. JAX11044735_3 -3- AGENDA ITEM # 8B OCTOBER 25, 2010 • b. Grantor and Grantee agree that upon construction of the Drainage Improvements and the Decorative Fencing, Grantor shall be permitted to extend its landscape buffer located along the southern property line of the Church Parcel into the Property in order to permit the Grantor's proposed parking area to be constructed on the Church Parcel to be moved to the southern limit (i.e. property line) of the Church Parcel so long as a ten foot (10') wide maintenance berm is maintained around the retention pond constructed as part of the Drainage Improvements. Accordingly, subject to the terms of this subparagraph 8.b., the Grantor hereby reserves for the benefit of the Church Parcel, a perpetual, non - exclusive easement for landscaping along the northern five feet (5') of the Property. 9. Plan Approval. Prior to application for building permits and commencement of any construction of any improvements by the Grantee on the Property, the East Pond Parcel or the Church Parcel including, without limitation the Drainage Improvements, the Decorative Fencing, the landscape plan referenced in Paragraph 2 above, the lighting referenced in Paragraph 3 above, the East Drainage Facilities, and the Driveways, Grantor must first review and approve all plans, specifications and site plans therefore, which approval shall not be unreasonably withheld or delayed. Grantee acknowledges that the aesthetic appearance of the Property and the Church Parcel is important to the Grantor and will be taken into consideration by the Grantor in its architectural review. Grantor agrees that it shall either approve or disapprove all plans, specifications and site plans proposed by the Grantee within ten (10) business days of Grantor's receipt of same. Any disapproval by the Grantor shall be done in writing and shall be accompanied by specific objections. Failure of the Grantor to disapprove any plans, specifications or site plan within ten (10) business days after Grantor's receipt of same shall be deemed an approval of same by the Grantor. 10. Termination of Covenant Liability. Whenever a transfer of ownership of either the Property or the Church Parcel takes place, liability of the transferor for any breach of any covenant hereunder occurring thereafter automatically terminates, except that the Grantor herein remains liable for breaches of covenants of title set forth above. 11. Enforcement; Attorneys Fees. In the event of any default under this Indenture, the party not in default shall be entitled to any and all remedies available at law or in equity, including but not limited to an injunction or specific performance. Any party which prevails in any such litigation to enforce the provisions hereof shall recover as part of his costs a reasonable attorney's fee, together with such other costs and expenses as the court deems appropriate. 12. Notice. The address of Grantor and Grantee is as set forth in the initial paragraph. Either party may give written notice of change of address with the other. All notices shall be sent by U.S. mail to the addresses provided for in this paragraph and shall be deemed given when placed in the mail. The affidavit of the person depositing the notice in the U.S. post office receptacle shall be evidence of such mailing. 13. Amendment. Except as expressly provided herein above, this Indenture may be amended only by an instrument in writing and signed by the persons who are the then owners of the fee simple title to Property and the Church Parcel. JAX\1044735 3 -4- AGENDA ITEM # 8B OCTOBER 25, 2010 • IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly authorized officer all as of the day and year first above written. Signed, Sealed and Delivered in the presence of: SUNRISE COMMUNITY EVANGELICAL FREE CHURCH, INC., a Florida not for profit corporation ' ZiLA.— %Le B AM, ii_de Print Name: Name: Branan Woodham tt -- `` Title: President Print e: �u1q,( Address: 298 Aquatic Drive Atlantic Beach, Florida 32233 STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this 1ZJ day of November 2006, by Branan Woodham, the President of Sunrise Community Evangelical Free Church, Inc., a Florida not for profit corporation, on behalf of the corporation. He (check one) ❑ is personally known to me, or $[ has produced a valid driver's license as identification. %tit`t: FL d uvgL Notary Public, State and County Aforesaid Name: tf t4)X b&LII My Commission Expires /.2. -CV- 2 00 7 My Commission Number is: op p,Z7 0728 DAIrtl DEUC 4,,� commie 000270728 3 a� ri• E ik IV10007 c Domed uw (!00)412 -4254 J y w•o n " Fbeida Notary Aeon., Inc f • JAM! 044735_3 _5_ AGENDA ITEM # 8B OCTOBER 25, 2010 AGREEMENT AGREEMENT made and entered into this 1'! day of October, 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 DOG PARK COMMITTEE , Atlantic Beach, Florida 32233 (hereinafter "Dog Park Committee "). WHEREAS, the City intends to construct certain facilities on its property around the Hopkins Creek Retention Pond to allow use by the public for a dog park, 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, 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 the Dog Park Committee will provide the balance of the $7,000.00 before construction begins and will raise funds for future dog park improvements and/or additions as well as for maintenance of said park 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 are 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 park shall be performed by the parties as follows: (a) City: The City shall mow the park 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 the access control system, 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 cards 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 for first dog, $25 for additional dogs with a $25 / $15 fee for the initial, partial year. A separate fee AGENDA ITEM # 8B OCTOBER 25, 2010 structure will be in place for guests / visitors. The City will include information about the dog park, including location, rules and hours of operation on its website. (b) DOG PARK COMMITTEE: The members of the Dog Park Committee and volunteers are to pick up trash on the grounds routinely, 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. The Dog Park Committee is expected to raise funds to participate in the regular major items of maintenance for the park as funds are available. Such items anticipated may include, but are not limited to, re- sodding, fence replacement and other major maintenance expenses. 2. The Dog Park Committee shall be allowed to raise funds for future maintenance, improvements and/or additions to the dog park property as follows: (a) Banners. It will be acceptable to locate no more than four banners with a maximum size of 3 feet by 4 feet inside the fence around the dog park, 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 the Dog Park Committee). Banners shall not display advertising for private businesses other than the name of the business (telephone numbers or website addresses are 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 area at the entry to the dog park for which the Dog Park Committee can "sell" bricks to replace the initial ones installed at the construction. These bricks sold can designate names of animals, 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. Scheduling of these events must take Sunrise Community Church event scheduling into account and avoid conflicts with Church events 3. Other provisions: (a) The City reserves the right to deny issuance of an annual card or pass to the dog park 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) The Dog Park Committee 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. 2 AGENDA ITEM # 8B OCTOBER 25, 2010 4. Either party hereto may terminate this Agreement with thirty (30) days written notice to the other party. 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 DOG PARK COMMITTEE B By ' 4h James R. Hanson, City Manager Its Pei- S ► D E,vT "CITY" "DOG PARK COMMITTEE" APPROVED AS TO FORM AND CORRECTNESS: Alan C. Jensen, Esq. City Attorney 3 AGENDA ITEM # 8B OCTOBER 25, 2010 Atlantic Beach Dog Park Committee Officers ( aka The DeButy Dogs ) President Donna Bagby 1817 Selva Grande Drive Atlantic Beach, Florida 32233 247 -5566 Vice President Jan Fowler 351 9 Street Atlantic Beach 246 -4766 Secretary /Treasurer Angel Scarborough 1420 East Coast Drive Atlantic Beach 270 -1213