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DI IF86Mn JIIE 16TY~ TIDaL aCf1Ml CAFAfrT R MFII NIIE IY fESf Iql. 981LeE id! IEII®1 I7;Y 110 IDfN sraffTS sracrns smna SMITH AND GILLESPIE ENGIN EERS,INC. ~~ Robert $. KOSOy, P.B. Professional Services During Construction SSG Pro~eet No. 5505-14-01 June 15, 1993 ...................Page 2 We appreciate Chia opporLUniry to continue our service to the C1ry of Atlantic Beach and look forrard tc the City Council's formal authorization of this increase in our work. Sincerely, SN~ITfyIaHD CILLESPIE ENGINEERS, INC. //////~~~ii~~I111(((((((~~IIII(((((////////////////II r. ~~~ Douglas~yton DEL/ay .. , SMITH AND GILLES PIE ENGINEERS.IN C. eos~ on,cE eoa sous JwC650NVILL E, ILO n,Dw 3220 190N 2w3~8950 WUCIAS E. UYTDN, P.E. rdatNKTe9 roowwlol June 15, 1993 Mr. Robert S. Kosoy, p-R, Director of Public Yorks City of Atlantic Beach Post Office Dzarer 25 Atlantic Beach, Florida 32233 Subject: Professional Services During Construction SSC Project No. 8505-14-01 Atlantic Beach, Florida Dear Mr. Kosoy: On June 11, 1993, re discussed the scope of work end associated fee for the continuation of our current authorization for Professional Services During Construction and Resident Observation [o include three additional proj ee[s designeA. by others. Based on these negotiations re offer a luvp scat fea of $27,410.96 for Professional Services During Construction. These services are to be as detailed in Article lc of our Contract dated June 1, 1985 rith the City of Atlantic Beach rich the following clarifications: - Projects included in the scope of work are tha rehabilitation of lift station wetwells, modification of chlorine contact facilities at the Bucamleer Yuterater Treatxnt Plant and serer reiubilitatfon in Oak Harbor. Compensation for Certification of Construction Completion to the permitting agencies is included in this fee. Fermi [Ling is by others. Assistance to the City in close out of tha construction contract is included 3n this fee. - Revier of Contractor shop drawing submittals is not included in this fee. Ye will be furnished two copies of each submittal. Revier rill be performed by others. - Fee is based on a construction duration of 12 months. - the lump sum fee amount to be billed monthly at 1/12th of the total amount. In addition to the above services we propose Mr. Cary R. Debo to continue as your Resident Observer at Che monthly rate of $4,500.00. Based on the 12 month duration the badger for Resident Observation is $54,000.00 In addition, they have proposed ueing their current resident observer, Mr. Gery Debo, et s aonthly rate of 54,500.00. Based on a 12 south duration, the budget far resident obeervstlon Se 954,000.00. The proposal rill cover three construction pro~ecte •C, •D and •H. Yith Oak Harbor Serer Rehabilitation lasting 9 sonthe. Construction pro,~ect A, B, E, F,G and I, viii be covered by Ernie Beadle, Assistant to Public Yorke Director/City Inspector. If pro~eete need to be interchanged, the Consultant has agreed to rork rlth the Clty an an equitable basis. eECOQ~ATIOY: Approve proposal for Ssith and Gillespie Engineers as detailed in article SC of contract dated June 1, 1993. ATT: Letter of proposal by Ssith an Gillespie Engineers, Inc ItEYIEY® BT CITT IIAOAGEQs e A66rp1 IT6f1 .G. 7A ~A CITY OF ATLANTIC BEACH CITY COtltlISSION lQiETING STAFF REPORT AGENDA ITEtl: CONSULTING ENGINEERING SERVICES DURING CONSTRUCTION AND RESIDENT OBSERVATION. SUBMITTED BY: Robert S. Kosoy/Director of Public Morke DATE: June 17, 1993 BACKGROUND: profeeaionel eervicee are needed for upcoaing construction projects due to the heavy ewount of construction rork due to start. Four (4) construction projects have had bid openings end are due to start shortly: A. 3rd end 8th Street rater wainw (City of Atlantic Beech) B. Coquina Place end Ewet Coast Drive rater wain (City of Atlantic Beach) •C. Modification of Chlorine Contact Facilities (Buccaneer NMTP) •D. Rehebilitetlan of lift station retrelle (City of Atlantic Beach) Five (5) construction projects are to be bid rithin the next 1 to 11 reeks: E. Levy Road pavewent, etorw serer. Advertieewent on 7/25/93. (City of Atlantic Beech) F. Park Street eawement tc George Street, drainage. Advertieewent on 7/11/93 (City of Atlantic Beach) G. Church Street serer, racer, pavewent. Poinsettia asphalt parking. Advertieewent on 9/5/93 (City of Atlwntie Beach) •H. Oek Harbor sever rehebilltetion. Advertisement on 9/5/93 (City of Atlantic Beach) I. Extenaien of tro additional bays at Public Norks Building. Advertieewent in September of 1993. Smith end Gillespie Engineers hwve subwitted a proposal Eor 123,271.24 for continuing their existing professional eervicee contract during construction. (4) Route deliverYmsn who rake deliveries at least once a weak to regular customers and whose solicitation is only incidental to their regular deliveries; (5) solicitors or agents of life or other insurance companies who hold a license issued by the insurance commisaloner of the state; and (a) AnYO~~ri o ble, religious, traternal, Youth, civic, service or rganization vhan the or occasional sales or sngayes in tundrais 4anization makes ejects are performed exclusively by the me~iberps otihsreof when the the P oaeeds derived from the activities are wad °~ when charitable, religious, fraternal exclusiwly in activities of the organization. youth, civic and service Sao. 18-9. Panaltiss. shallAnY Parson violating any of the provisions oP this chapter . upon co+rviction thereof, be subject to a line not mxceeding both.00 or by imprisonment not sxcesding ninety (90) date, or M II~Smf z~ The provisions adopted herein shall prevail over any existing sections o! the Atlantic existing sections are contrary or lnoo~nslhstmtahar iwtb ~axtaat said its f~ a~ This ordinance shall take sMect immediately upon Passage and adaptlon. PASSED by the City Commission on first reading this d~+Y of 1993. ~ __~ this P da~o~ the City commission on second and final reading 1993. ATTEST: MAOREEN KING, C ty C ar tiILLllIli I . GOLLIPORD, JR. ~Ycr, Presiding officer Approved as to form and corrsetness: ALAN C. JEN6EN, ESQUIRE city Attorney (3) No solicitor shall in any way unlawfully obstruct, delay or interfere with vehicular traffic within the City. (a) No solicitor shall solicit door-to-door at any residence between the hours of 9:00 p.m. and 8:00 a.m. (5) Solicitors shall solicit only during the conditions permitted. premises vithin1thesC tya where a "Noisolicitst on" sin i~n any in accordance with the provisions of this aubcha ter posted otherwise invited onto the promises for that P uniesc Purpose. sot. is-a. Posting of ^mo solieitatioa" Biqa. the C tyP yha ndesiresa toi remain nundisturbeda b premises within uninvited solicitors may post or place in a conspicuouse place near or at the entrants of the premises a sign containing the words "No solicitation" or a substantially similar massage in letterc easily read by a person approaching the premises. sac. ie-s. Znapaetion of cooks sap Raoords. make av~ailabeleaforoins a City Clerk, the holder of a permit shall records and a paction by any agent of the City all books, P Pars pertaining to the registered solicitation at any reasonable time while the permit ie in effect or attar it has expired. sec. 1a-7. AaVOOatioa. The City Clerk or her designated agent shall revoke any permit issued under this article St she linds that the false information or has knowingly vitaheldr intoraat cniven obtaining same or upon violation of any portion of this chapter. see. is-s. Szasptiona. The provisions of this section shall not apply to: (1) 7.ny person who visits any residence or apartment at the request or invitation of the owner or occupant thereof; (2) Unpaid members of any civic or charitable organization who are registered as such with the City Clark and the nacres of the solicitors have been listed as such members and the organization cation withdth organizations prasaanted prwad means °t identifi- (3) Newsboys soliciting subscriptions to any newspaper for home deliverywithin the City; purposes; or, the making of any announcement to or through the press or other media concerning an appeal, drive or campaign to whilh the public is requested to make a donation. A solicitation shall be deemed to have taken place when the request is made, whether or not the person making the request receives any donation. seo. 18-2, perm;t; Aagistratioa and yimgerprimtimq ReQgitb. No person shall engage in the practice of soliciting in the City without a permit as provided for in this article. All persons, before entering into or upon a residential premises within the city for the purpose oP soliciting, shall register with the City Clerk and furnish her with the following: weightl)he qht ncolor oPchair a~ eeremsanent addresses, age, race, physical characteristics of y atsd anY other distinguishing the applicant; (2) The nature or purpose for which solicitations will be made and the nature of the goods, wares and merchandise offered for sale; p (3) The name and address of the employer or organization re resented; convicted of ++nytf~elony or miadahmaanor a da applicant has bean the offense, when and where convict ~ if eo, the nature of assessed therefor; and ~ and the penalty or punishment (5) A complete set of fingerprints taken by the chief of police. see. 18-3. lees. A fee of Fifteen Dollars ($15.00) to cover the coat of invest- igation of the applicant and processing of the application shall be paid to the City Clerk when the application is filed and shall not be returnable under any circumstances. sec. 1e-~. kaqulatioas and prohibitions. ana dic la the (lp while Penlg issued by the Cit C or kvhich shallaconW n the name, address and telephone number of the wlicitor, as well es the name of the person or organization for rhosa benefit or on whose behalf the solicitor is actlnq. or interfere with ithe freel ovemeyi~ta of ~ tully obstruct, delny person's will or seek to coerce or h s Y Person against that person. ~ P Y ically disturb any other aC 04 4~ N OADIHAHCB HO. 95-93-58 Am OmDZmAHCE AEEHDIlfO CHAPTER 18 O7 TH$ ATLAHTIC HEACH CODE ADOPTIH6 9ARIODI ADL1C8 ALAI RBGDLATIOHB RELATED TO CBAAITAHL8 BOLICITA- TIOHB, REQDIAZHG A PERHIT THEREFOR, AHD PROVIDIHO AA EFFECTIVE DATE. EHEREAB, Chapter 18 of the Atlantic Beach Code applies to solicitors as defined therein and prohibits certain acts upon residential premises in the City, and EHEREAB, the City Commission desires to adopt various rules and regulations with regard to all charitable solicitations within the corporate limits of the City, whether on residential or other property, and EHEAEAB, the City Commission desires to require anyone engaged in charitable solicitations to obtain a parait, anises excepted from said requirement herein, and to establish a method of appeal from the denial or revocation of arty such permit issued by the city. HOE THEREFORE, be it ordained by the City Commission of the City of Atlantic Beach, Florida: of At lEanticHBeachchFlorida8 is hereebydamoendeddtoaread as followay "chapter 18 C871RITAELE 8eo. 18-1. DelSaitieaa. (1) charitable: Of or relating to any benevolent, civic, educational, fraternal, philanthroplc, religious, humane, patriotic, voluntary health or other eleemosynary activity or cause. (2) Donation: The act of making a gait or wntributlon to a charitable activity or cause, including, but not limited to, contributions of clothing, food, money, pledges, property, subscriptions or anythlnq else of value. (3) Persen: Any individual, firm, partnership, corporation, company, association, society, organization, tract, group or league. (4) gol<c+ta oa: The request, either directly or irWirectly, of any donation or contribution !or charitable purposes, including, but not limited to, any oral or written request; the sale, offer to sell or attempt to sell any article, service, publication, adver- tisement, subscription, membership or atber thing Ecr charitable Chapter 18 SOLICrFURSs Art- L In Generd, f4 161-18.16 Art' n• Perm11, f4 1618-1821 ARTICLE I. II7 GENERAL Sec. 161. Ilefiaed. The term "solid Wr," for the Purpose oI this chapter. means a Person who goes from door m door visiting multifamily or ainglefamily dwellings for the following Purposes; (1) To sell say floods, wares or me rohaadiae or accept eubaciptiona or orders therefor, (2) To accept or request domtiona for any rharitahle Purpose. • ~ ~e~~ wlrar. ~ shall :mean aqy Parson who shall tmt or sell or offer to sdl ffi '~ O0~0drb'!$°d'!d+ 8?ode.--weir, or . ~ ~' ~~ ~m~. r4°t°~r. Paab wit of fact of ~.7load from a or ~Y vacant peiveta ,Y. upon acy sheet ar public propeN,y'• (Code 1970, § 21.1; Ord. No. 98--80,48, § 1, 629-90) Ctaros reference-I~nitiom and rules of construction 8eaerally, § 1-2. Sec. 162. Rahibited acts, No Person shall: ' (1) Enter into or upon residential promises is the city under false pretenses to solicit for any purpose or for the Purpose of wlicitiag orders for the sale of goods, wares or merchandise; (2) Remain in or on any residential premises slier the owner or accapant has requested any such person tc leave; (31 Enter upon aaY residential promises for soliciting, when the owner or occupant has displayed a "na soliciting" or "no Peddlers" sign ao the Premises. f4) Be engaged es a hawlw within the oorPotate limits of fhe dt7 or oo the city (Ord. No. 9590-46, § 1, 52390) I,..,.t: Seca. 183-1616. Reserved. _~T' State law - _. ....... reference- - - ...... --. _... ... Solicitation o(Charit~ble Funds pct, F.S. 4 496.01 et seq. Snpp. No. 10 1055 y._ ~~,~' CITY OF Alla.Ftie i~eaaE - ~le:ldt w sanno~e mAo --- AiLM'DC EF.AL7/, F1.0lmN 132U-SW TFIPJHONE If MI l!L!!10 ~_ FAX If11/ 2fx5tt15 June 21, 1993 TO: The Honorable Mayor and City Commissioners From: Maureen King, City C1erk~K Subject: Ordinance Ho. 95-43-58 Section 18-i of the City Code provides a definition of the term "hawker" and Section 18-2 prohibits hawking within the corporate limits of Atlantic Beach. The proposed ordinance regulating soliciting in Atlantic Beach is silent to the activity of hawking. In considering the proposed ordinance the City Commission needs to consider whether it wishes to continue prohibiting hawking. Florida law requires businesses to have a license from the city and county in which their business is located and unless Atlantic Beach specifically prohibits hawking within the city, anyone whose business is properly licensed in Atlantic Beach or elsewhere in Duval County could set up as a hawker in Atlantic Beach. Since the summer time is typically the time when this office receives the most inquiries about hawking, particularly for sales or rentals close to the beach, we would appreciate your thoughts on this matter. Section 18-2(4) of the proposed ordinance requires "A statement as to whether the applicant has been convicied of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor." However, the ordinance provides no direction to the city clerk regarding issuance or denial of a permit in the event the applicant has past conviction(s). _._ .. >_.._~E,1..~ra __..., _.. _ K Sao. 1B~f. Peaaltiet. shall~u ~ son violating any of the provisions o! this chapter $'x00.00 ~n conviction thereof, be subject to a fins not nxoasdi both.• ~ imprisonment not excsedinq ninety (9p) days, ~ 88CTrolf 2c The provisions adopted herein shall prevail over any existing sections of the Atlantic Seach Codn to existing sections are contrary or inconsistent herewith. ent wid S~'=om 1= Thie ordinanw shall take ePfgct immediately upon its final passage and adoption. PASSBD by the City Commission on first reading this day of , 1991. __ PASSED by the City commission on second and final rwding this day of , 1993. ATTEST: MAURp.El7 ICZNG, C ty Clei tlI7.T.T1V Z~ GDLI+ZPORD, JR. ~Yor, presiding Officer Approved as to form and wrrectness: ALAN C. JENSEN, ESQSJIRE City Attorney 6 fiat. le-5. Posting of "21o Solicitatioa^ Biqa. Any person in possession or in charge of any premises within the city who des iras to remain undisturbed by the visit of uninvited solicitors nay post or place in a conspicuous plane near or at the entrance of the premises a sign containing the words "No Solicitation" or a substantially similar message in letters easily read by a person approaching the premises. see. SB-6. Iaapeotion of Gooks sad Accords. IIpon request of the City Clerk, the holder of a permit shall make available for inspection by any agent of the City all books, records and papers pertaining to the registered solicitation at any reasonable time while the permit is in effect or after it has expired. aeC. 18-7. AavCestiOII. The City Clerk or her designated agent shall revoke any permit issued under this article if she finds that the permittee has givsn false lnformation or has knowingly withheld information In obtaining same or upon violation of any portion of this chapter. :! . sea. 16-s. 8xceptioas. ~ ~_ Fn`^7~'r The provisions of tdtts section-shall not apply to: (i) Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof; (2) Unpaid members oP any civic or charitable organization who are registered as such with the City Clerk and the names of the solicitors have been listed as such members and the organization has provided each person listed with an approved means of identifi- cation with the organization represented; (3) Newsboys soliciting subscriptions to any newspaper for home delivery within the City; (4) Route deliverymen who make deliveries et least once a week to regular customers and whose solicitation is only incidental to their regular deliveries; (5) solicitors or agents of life or other insurance companies who hold a license issued by the insurance commissioner of the state; and (6) Any charitable, religious, fraternal, youth, civic, service or other organization when the organization makes occasional sales or engages in fundraising projects wham the projects are performed exclusivsly by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic and serviu activities of the organization. (g) Uae or exploit the fact of registration~or the filing of any report with any govere~mental ngencp so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state. (h) Make misrepresentations or misleading etat¢ments to the eff¢ct that the donation of a contribution or the diapley of any sticker, emblem or insignia of Pared to contributors will entitle such other person to any ep¢cial treatment by emergency service employees or law endorsement officers in the performance of th¢ir official duties. (i) Solicit contributions from another person or organization while wearing the uniform of an emergency service employee or lew enforcement officer, or while on duty as an emergency service employee or law enforcement officer, except where the solicitation is for an organization ¢xnmpt lrom federal income tax under x.501 (c)(3) of the Internal Revenue Code or except when soliciting contributions to b¢nefit an emergency service employee or law enforcement otlic¢r who has been injured in the line of duty or to benefit th¢ family or dependents of an emergency service employee or law enforcement officer who has been killed in the line oP duty. (j) Solicit contributions on behalf of another person or organization using any statement that the failure to make a contribution shell result in a reduced level of law enforce- ment services being provided to the public or the parson solicited. (k) Employ in any solicitation any devise, scheme or artifice to defraud or to obtain a contribution by means of nny deception, false pretense, misrepras¢ntation or false promise. (1) Notify any other parson by any means, as part of an advertising scheme or plan, that the ether person has won a prize, received an award or has been selected or is eligible to receive anything of value iP the other person is requires to purchase goods or sarviws, pay any money to participate in or submit to a promotion effort. (m) Fail to provide complete and timely payment to a char itabla organization or sponsor of the proceeds lrom a solicitation campaign or a charitable or sponsor sales promotion. (n) Pail to apply contributions :n a manner substantially consistent with the solicitation. (oj Fail to identify hie professional relationship to the person for whom the solicitation ie being made. between)theohourscof g•U~a ll~dolicit door-to-door at any-residence p.m. and 8:00 a.m; ~ „; u_m< (5) Solicitors shall solicit onl ~ ~ ~~ ~~~~~~~ Permitted. 1' a conditions (6) Solicitors shall not Folicit at nor enter upon any premises within the City where a No Solicitation" sign is posted in accordance with the provisions of this subchapter, unless otherwise invited onto the prenis¢s for that purpose, (7) It is unlawful for any person in connection with the planning, conduct or execution of any solicitation to: (a) Make misrepresentations or aisleading statements to the effect that any other person or organization sponsors or endorses such solicitation, approves of its urpoae, or is connected therewith, when that person or organaiation has not given written consent to the use of its name, (b) Represent that the contribution is for or on behalf of a charitable organization or sponsor or to use any emblem, device or printed matter belonging to or associated with a charitable organization or sponsor, without first being authorized in writing to do ao by the charitable organization or sponsor. statement so closely sreiated~or ~'~ device, service mark or another charitable organization or~aponsoro that used by thereof would mislead the public. the use (d) Falsely state that the person Ss a member of or a representative of a charitable organization or sponsor, or falsely state or represent that the person is a member of or represents a law enforcement or emergency service organization. (e) Misrepresent or aialead anyone by any manner, means, practice or device whatsoever to b¢lieve that the person or organization on whose behalf the solicitation or sale is being ofnthetproceeds of the solicitation oorosaleo will be that any charitable or sponsor purposes, if that is not the f~ted for (f) Represent that a charitable organization or sponsor will receive a fixed or estimated percentage of th¢ gross revenue from a solicitation campaign greater than that identified in any filings required under Chapter 496, Ploride Statutes, or that a charitable organization or spencer will receive an actual or estimated dollar amount or percentage p¢r unit of goods or services purchased or used in the charitable or sponsor sales promotion that is greater than that agreed to by the commercf.al coventurer and the charitable organization or sponsor. purposes; or, the making of any announcement to or through the press or other media concerning an appeal, drive or campaign to which the public is requested to make a donation. A solicitation shall be deemed to have taken place when the request is made, whether or not the person making the request receives any donation. sec. 1a-2. Permit; Registration sad singerpriatinq Required. All persons, before entering into or upon a residential premises within the City for the purpose of soliciting, shall register with the City clerk and obtain a permit, and furnish the City Clerk with the following: ---__~ ,_ ,/~o- / -~3'I!'L:~-CCU( L-C~C~ s c~~~ weightl)height ncolor ofchair and eyesa and any Other distinguishing physical characteristics of the applicant; ~~~ made and the naturerof the urpose for which solicitations will be Sala; goods, wares and merchandise offered for (3) The name and address of the employer or organization represented; (4) A statement as to whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor; and (5) A complete set of fingerprints taken by the chief of police. Sao. 18-3. sees. A fee of pifteen Dollars ($15.00) to cover the cost of invest- paidito thetCity Clerk whend the applicatioe isaf iled~end shall loot be returnable under any circumstances. Sae. 1B-~. Raqulatlons and Prohibitions. (1) While engaged in soliciting, in or upon residential premises, each solicitor must carry and display the permit icsued by the city clerk which shall contain the Hama, address and telephone number of the solicitor, ns well as the hams of the person or organization for whose benefit yr on whose behalf the solicitor is acting. or interfere w th ithe freelmovements of anwfully obstruct, delay person's will or seek to coerce or physicallpedl.aturbaanst that person. Y y other (3) No solicitor shall in any way unlawfully obstruct, Qelay or interfere with vehicular traffic within the City. s ha ,, ORDI8AHC8 80. 95-93-Sa 118 OBDIRA8C8 CHAPTER 1B Op Tgs REOEGT~DL~IITIOHB ~ ~a~a ]1DOPTIHG pRgI008 ROyBB ~D TIORB ovraT~ TO OBARITABLE BOLICIT)1- PROVIDI8GI~OIRIBG A PERMIT THLRBPOR+ ~D EFFECTIVE DATE. - iiF~ %~ wH8R8A8, Chapter 18 of the Atlantic 8eaeh Code applies to solicitors as defined therein and prohibits certain acts upon residential premises in the City, and 11HERSAB, the City Commission desires to adopt various rules and regulations with regard to all charitable solicitations within the corporate limits oP the City, whether on residential or other property, and AHEIIEAS, the city Commission desires to require anyone engaged in charitable solicitations to obtain a permit, unless excepted from the denial or nrevocationa of an establish a method of a City. y such permit issued by ~thae City of Atla~i+tic Beach, iPlorida ned by the City Commission of the BECTIOR i Chapter 18 of the Code of Ordinances oP the City of Atlantic Beach, Plorida, is hereby amended to read as follova: "Chapter 18 CBARITA8L8 80LICITIITIORH Bea. 18-1. Delinltione. educabional~rlfraternal f or relating to any benevolent, civic patriotic, voluntary bealthphor otherpiQle religious, humane, cause. emosynary activity or charitable e~ c$ Y ore ~ausef wing a gift or contribution to a contributions of cloths ' includlnq, but not limited subscriptions or an ng' food, money, Pledges, to' ything else of value. Property, (3) Y4IP4~: Any individual company, association, societ f~' Partnership, corporation, league. Y. organization, trust, group or of an (4) Bolioitr+....; equest, either directl y donation or contribution for charitable but not limited to, Y or indirectly, sell or attempt to sell oral or written Purposes, including, any article request; the sale, offer to tisement, subscription, membership or °~eYa'th~li~Oa=ich' adver- r g u t ~ ~t.z L~ haritable • the authority to refuse application for annual license for any piq which It deems not to be identifiable as a true ainiature Vietnaaeee potbellied piq. (6) No potbellied piq regulated by the provisions of this part shall be metals fined or used as a source of food. No owner or animal shelter shall dispose of a pet potbellied piq by use, sale, trade or gift of said pig as a food source or as a research animal, but shall dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by aurranfler to the Animal Control Officer or to the Jacksonville Huaane Society, or by huaane euthanasia to be adainistared by the Animal Control Officer, the Jacksonville Numane Society or a iicenaed veterinarian. Failure to coaply with any provision of this section shall conatltute an offense punishable by a $500 fine. (7) All Ordinance Code provisions and all Florida State Statutes which pertain to cruelty to or humane treataent of aniaals and which are not superseded by anY specific provision of this part shall apply to the ownership of pet potbellied pigs as regulated under this part. 6mCTIOm z: This Ordinance shall take effect iaediately upon its final passage aml adoption. 8AB8ED by the City Commission on first reading this day of 1993. PA888D by the City Commission on second and final reading this _ day of , 1993. Attest: NAUREF.N KING, C ty Cler f1I I• GULLIFORD, JR. Mayor, Presiding Officer Approved as to form and correctness: AI.AH C. JENSP,N, ESQUIRE City Attorney ~S applicable to this part, no pet potbellied pig shall run at large. (a) No pet potbellied pig snail be starved or otherwise deprived of healthful sustenance appropriate for its species and particular nature. Depriving a pet potbellied pig of healthful sustenance for any purpose, to include the purpose of stunting Sts growth ar having it conform to the weight or height provisions in subsection (i) above, shall not constitute an exception to this provision. Violation of this provision shall constitute an offense punishable by a fine oP $500. (5) All portions of Chapter 4 which pertain to dogs and cats, or to relevant penalties, fees and time frames, and which are not superseded by specific provisions of tnis part, are hereby declared to pertain to pet potbellied pigs as defined and regulated under this chapter, with the provisions (i) that there shall ba no required butuathat written certifications by r a alicensed veterinarian shall be submitted as part of every application for annual license for a pet potbellied pig as proof that said pig has within thirty pull business days before said application been inoculated against and/or been blood tested, with negative results, for pseudorabies and for brucellosis, (2) that pet potbellied pigs shall be exempt from the quarantine previsions of Chapter 4, but shall be subject to the provisions of Chapter lOD-3, Florida Administrative Cale, (3) that every application for annual license for a pet potbellied pig shall be accompanied by written certification from a licensed veterinarian that said pig is spayed or neutered and was xithin thirty days before such application is made in compliance with this section's age, weight and height provisions, (a) that every application for annual license foz a pet potbellied pig shall be accompanied by a sworn affidavit signed by the applicant to the effect that said pig is and shall be for as long as it ie owned by said applicant and regulated under this part the sole pet potbellied pig owned or kept in said applicant's household, (5) that before appli- cation for annual license for a pet potbellied pig ie made, the owner of caid pig shall alloy the Animal Control Officer a reasonable and timely opportunity to examine said pig and its bona fides as a registered potbellied pig pursuant to subsec- tion (1) above for the purpose of ascertaining that said pig is a true IDiniature Vietnamese potbellied pig, and (6) the Animal Control Officer shall have ORDINANCE NO ~ 95-93-57 AN ORDII®lTCB OP TH8 CITY 07 ATLaETIC BHACB, rLDRrnA, ANENOImo c~rra 4, nrnoLS, sacrlDN +-~, MasmTanrlEC areLass EEErsEO or Hose, HY ALLO1fI8G CSFTAiII OIETF7fMEEE POTSBGLIBD PI68 ,E 800EEHOLD PETe AED PAOVIDIliC. AE 811E(.TIVE DATE B8 IT ORDAIEED HY THE CITY CODDSI53ION OF THH CITY OF ATLANTIC BEACH, FLORIDA: EECr_rOM~f~ section 4-7(b) of the Code of ordinance of the City of Atlantic Beach, Florida, is hereby amenCad to read as folloi7s: ^(b) Zt shall be unlawful Por any person to keep a hog or hogs upon any property or pzemises located within the limits of the City, with the sole exception of a bona fide, purebred miniature Vietnamese potbellied pig which is kept for the sole purpose at providing human companionship and which is im Compliance with all other applicable provisions of this Code. Miniature Vietnamese potbellied pigs may be kept as household pets under the following conditions: (1) Ownership of a pig or other swine animal as a household pet is prohibited, except if such animal is a purebred miniature Vietnamese pot- bellied pig, sus scroPa vittatus, ie no younger than six weeks of age, weighs no sore than one hundred twenty-five pounds, measures no more than twenty-two inches in height to ba measured to the top of a trout shoulder, is spayed or neutered, is registered with a purebred registry which Se recognized ae bona Tide by the Animal Control Officer and is kept as a household pat tor.the sole Purpose of providing human companionship. Ovnarohip of such an axoepted Piq, hereinafter •pgt potbellied pig, shall be regulated by the provisions of this part, (2) No household shall own or keep more than one pat potbellied pig. (3) Every pet potbellied pig shall be main- tained primarily within the resideaca of its owner. No pat potbellied pig shall ba kept out-ot-doors. Every pet potbellied pig say be exercised frog time to tine within a securely-fenced enolosure on the ovner~s residential property or while under the secure physical control of the owner, or other custodian, by means of secure leash, chain or chord. Pursuant to See. 4-24, which is hereby made f sort er:r ,~o~rs : e-uaa : s:uv~ ; een ~ooR- oom~sesui~ a~wrals euas TRGBT caamir, •.x., as swrw ~y.ne ~~ __ TStl~i 1{ --.___ SENT @Y~NIINOIEY FDAM@ : h21-/7 : S:17P~ /t~ FLOOIF II1711S11S:a1/ It to the Eactw •gant: lasnatt Da11ks S•sua! Caapaey, 71.11. s00o aoaehaida Deulavard Jaaluonv113a, rlorida X7756 71Ctaneloni COrporab SYliat (b) ruu Agraaaant say b. signed !n oomitasparG. uah rill b• an original, but botII of that together oonstituta the seas itiltrut.ant. (o) It any one or sore of the covwnts or agraaaiants ~ t two bui trlozi d a6~oule M d atar~naA ~IUO~ourt~of ~t~int j Sadiotion W ba oornrary to ur, sash oownarn or agzaaaawt 11 b• daanad sad ooHtsuad to M uvasabla tro• the raaalnlnq and agraaswita hanin oornalaad and shall in oo ray of sot Cha validity of the raaainLq Provisions of thin hgraaaaYit. (d) 711.1 the covenants, preaisu and agrsasants in this earent contained by oz en behalf of the Tsewr or by or on if o! the fwrar 7lgent shall bind and imira to tae bansfit of th r respeatlw auoceseors and as771gns. (e) TAU AgraelaYit shall be governed by the ayplieabls lar o! BCate o! rlorlda. Z>t *iS111/d 1D>1aII0r, the Partin haw ueh caYSed this event to De ezecutad by tlt.ir duly arthoriaW offloars and th it oorporats scale Co b• hereunW atflsed and attuted a of the da lust above rritGn. clzx or ar7.aarzc aln1~, rLORID71 Dyi rilliaa J. tltlllfozd, Jr. Myor-Ca~iaalonar ~Y: ><ia D. Lelnbaab Ciiy llanagar Page 17 of St senr n:rAlwxer soars ; e-saes : s:)ivr ; eon ~loox- eaa~nsses;ris . I I Notion 17. This agrearitt shall not ba z lad, rawkw, rawlndw, altarw, aruWad oz avople~antw 1.n la or Sn yart ritheul (1) the rrittu oonaert o! tM holders o! to ha ~Mia aUetlla.(eii) in prlneipal aawnt at the nnpasa rr lean oonunt of the saaro~ aleaelon 1a ^aM, and (11) the I and the Ereror avant: provides, horevar, that the to the holders of tM~'ay' rithwt the muent et, er r+otia b sapplaaental eo t~.bi~ ~~~ IkuWs antar Into Boob at eat the rights of euoh boldar~ana QasDall notlba leaonalsGnC r1 tIIa tame and provisions of this agrawwt, for any ama or of the tollorinq Darpouss , (a) to Dora any aabivuity or [orsal detect ar o^iwion Sn thin agragwt/ Or (b) to grant to oz aontar aeon LM Nary avant for the beMlSt oL the holdaza of the lblandw Ronda, any additional rights, r~aWiu, powers or Issner that say lavtully ba grantor to or mntarrw upon the NalOr agerrtl or (a) to aodity adainiatretiw provisions doling Mith tlae periods, notieee, dlaoharge ar ruivnation or tau aw expenses. 'Pn searov aq.nt shall b• entitled to rely eulvalwly upon an lilted opinion er nationally reoovnisw Dond oounaal rieh 11 to eosylisnee rich thin Notion 17, lneludiaq the extent, y, to vhieh any ehanva, ~odltication, addition or alliinatlon aZ eels the rights of snub holders of the ILt1771dad Ile7ds Or that instrument exeoutw hereunder eospllu rlth the aondltions ar pr iaions of this seetion 17. 8setion lt. 111s4s1300s0Yi• (a) 1111 notion, daaaws er other aeaaunloatioru given ender shall b• lei rsltinq aM shall only !» Qeemed duly giveu~ mailing by Onitw status ravietered or urtitiw oil, return pt requastw, pestaga prepaid, addrauw u follow: to the Iasuari City of atlantic Deaah soo Nminole row Atlantis Naafi, ylorida 1337] Attwtionr City 1Nnager Page 13 oL 1~ SENT BY:MANONEY AOANS 0-2{-03 :. 5~11Pa : Ott FLOOR• i017015lt5:a11 Notrithatsnding anything to the contrary centainad denim, no sued removal shall beeose etleetiw until ouch ties u tJU Iawer shl11 haw paid to tba msarw Agent all aherqu and expanses and agreed upon tees heswndet wing to Eaarw Agent, and ' notrithstseWing sash zemowl, tea Issuer shell reimburse the Lector Aq t !or its resaonabla fus and axperuu (inoludinq reasonable attornays~ rue one aapanau) inaurrae by eba iscrw aqut in eo at on tied wed removal. Seetiom 15. Bnecesaoz Aeent. Any eorpontion SMO vhlch rot Agent, or any weuwor to St, may na merges ar eomartad or i vhiah 1t or any wxuwt to it say b. conaolidatad, ar any loration rewltlnq Lrom uy merger, oonwralon, consolidation oz i partyloshall,~itc apyrowdAin vrltinmq by the Ia uart(rhlch :oval shall not ba unrusonably r1tAAald), W the suceeswr rw Agent under thin Agruunt rlthwt t)u exseutlon or tiling any gaper or any other sot on the part of elehar o! the Part1u, :b1nq herein to tba contrary notrithatanding. zt at anp limo heruitar the yaerw Agent shall resign, be r cued, be diiaolved or otherviu Dseou incapabU oL acting, or ah 11 b• taken over by an governmental otlioial, agency, da rtment ar bosrd, the position of mserw Agent small thazwpon be ama vsasnt. IL the position o! Lector Aqut shall bscoar wcant to any of the loragoinq masons or for airy other raison, the Zs oar shall appoint an Lsarw Agent to Lill each wcancy. The Is oar shall mail a copy of she notion o! any such appointment to th heldars o! the Ratundad Bonds end Lbe Lacrw Agent. The Eaarw Ag t shall not Da responsible or obligated to act pursuant to this ument attar the aftacilw date o! Sts removal u Eacw Agent eundarT provided, the Lsarw Agent shall ba requirW to deliver to the sueuuor all of the sectored documanb, the radaral So ides and cash held by the Lserw Agent in the Esarw ?and. section 16. Ternln.eien, ThL Agreemane atoll tarmlM4 vhan th principal of, rademytlon yrgitu, St arty, and interest on ell 3ta undad 8onda Mw bun paid to the Paying Agent for the Lalunded eo ds and any ran idwl monies haw bean paid to the Iawer pursasnt to Section 10 hereof, except for CRa provisions o1 Section s, 12 q), and 1s detect, rhich shall remain in Lorca and select until el wch fees and expanses have bean paid end the provisions o! 8e lon 13 rhich shall rosin in force and affect ao long u the Ls w Agent may Davs say liability. Tha Esarw Agent shall th raupon b• rslenasd end dlscAerged rltb rupeet LTtareto and Aa etc; provided, Awwer, that any claims against Petrov Agent ar sing oz wcruing prior to such termination sMll survive ouch Page li of 11 SENT BY~YANONEY ADAMS ~ B-3l-33 5~1OPM ~ BCA FLOOR-~ 3O17S15615iM13 Selurities, or any part thereof, or the right of any party or otbar on to receive the Escrov 6ecuritlss, er shoals the Sasuer Lail Co QaslgnaN another Eaasow Agent as prevlded Sn aaetlon S3 (b) b ao1, Escror Agent shall have the sight (but not tM obligation) !o (1) rithhola aslivsry oL the sector Deposit nail fife 0o trowrsy is resolved or the aonfliatlnq demands are rithdtarn, or (11) in.tienea a D111 of Sntarpladsr in anY aourt o! ant ~urisdiation to detersina ebe rights o! the Partlobsrsto ( • right of the Sserw Agave to tbs institui• auoA bill 0! in erpluder shall not, hwevar, be dwed to modify tbs canner Sn rh eh Eseror AgenC is entitled eo sake disbursssenta o! the Escrw Sties as bsreihebow set forth other than to tends the asoror Sties Into ens registry of sash court). 6eetien 1>;. jydamp~tign• To tba extaelt parmittaa by a licabla lnr the Z^suer hereby agree to indem~ily the Eearor Ag t and hold Si 6ezsleas iron any and •11 olsise, liabilities, to sea, actions, suits or proceedings a! lar ar in equity (1 cludinq, but not lialtea to, a Dill o! Sntarpleadar instituted y event to section 17(1) of this Agreement), or any other expense, fe , er ohazges o! any character er nature, vhieb St say incur or ri rbicb St aay 1» threatened by rsaaoa o! ies aatSnq as Hscror Aq nt under this Agreement, except Sn the case of Lecrov Agant'• riltul siseonduet or gross negligence; and Sn connection th with to indemnify the Fetter Agent against ury and all snsas, inaludinq attorneys' lees and the costs e! delendinq any e' ion, suit or proceeding or resieeinq any elais, including ap lists procesaings. BeMion la. Raaoval ar Escrey AaeM, The a.crw 1lgent say be r sd st any tams by an inatr~ent or aoncurrenC insts~ants 1n rt Sing, executed by the boldars o1 not lass flan fifty-one parent (5 a) in aggreqate principal amount o! the Retu~aa Bonds tIIen ou tending hereunder, such instrumanb to bs filed rich the Is uer, and notice Sn rriting to 1» sailed by such holders to the ho ders of the Refunded aonds not less than sixty (60) days helots au removal is to take elfeot as stated in sash instrument or i truaente. A copy of any instrument tiled vith the Issuer under Ln provisions of this paragraph shall b. delivered by the Issuer to Cba Esaov Agent. The Escror Agent say slso b• rescued at any time for any br clt or !or acting oz proceeding Sn violation of, er Loz failing to act or proceed Sn accordance with, a'ry proviaivna of this event rith respect to the duties and obligations o! the sscrw Ag nt Dy any court of cvspatent yurisdlotion npon the application o! the Zsswr or tM holders of not less than [iva percent (5t) in ag egata principal amount o1 the Refunded Bonds then outstsndinq page 10 of it ,,.-------r-.-------_ ..-- _._ .. ._._ SENT BY:MANONEY ADAMS ; 0-2t-PO ; S~OBPM BtN FLOON~ YOt7Y1501S:a12 (U The Lacrow Agent asy act in rallance upon any ^19naturs U iawd by St to be gamtins, eny may aasuaa ghat any person ortSng to q1w arty notice or receipt or advice or mars arry et tomen4 1n connection with the Provisions hereof has boon duly au orlaed to do se. (!) The Esarov agent say set rslatiw berets Sri rsliaaee upon a o! nationally recognised bond counsel in reference to any oonnsetsd hereMlth. neglnnln4 one (1) year from the date hereof, and annually tr eo long as aey of the Eetunded Bonds haw not been laid, the Eeorow Agent shall submit tv the Isaacs a report ell money it shall haw received and ell payssnU St shall s under the provisions of thL Agrssaent durirfq the twlw (12) monthly. Such report shall also list all eouritiss on deposit with Escrow agent on t)ts date of L)ts d ell money held by it as prooeeds of the collection o! of sn interest on the yedsrai eecuritiss on deposit Sn v Fund. (h) Tba Esoror Agqent ney resign and bs dSechargad of Sts du ios Aereundar provldid than (i) the Esorow Agent hu given sty (70) days written notiaa to the Zeeusr of sash resignation; (1 ) tits Issues hs^ sppoirtted a successor to the Escrow Agent sunder; (Sil) the Esorov Agent and the issuer haw received an in Lrument of aocsptanee szeeuted by the sueeeseor to the Escrow Aq t hereunder; and (iv) the Escrow Agent boa aelSversd to Sts su sssor hereunder all of the escrowed dooumend, the federal Bs Sties and cash held by the barov Agent Sn the Escrow yurtd. eu resigcation shall Gala effect only upon the occutrsncs o! all o! the events listed Sn clauses (S) through (iv) show. Qpon re sips by the Lover of the written notioe dumbed Sn olauso (i) , the Issuer shall use its best ottorts to obtain a suoceesor to the Escror Agent hsraund~r as soon se possible. It the I^^usr ha^ not apppointed a successor Escrow Agent vi in •izty (oo) days or zsceivinq snob notice Gros the Lcrw ag nt, the Escrow age»t may petition • court of competent ~ Ssdietion to sppoine a suoeeasor Escrow Agent. It the Zsstrsr 5a discharged the Escrow Agent or 1f the Issuer des nnrsaeonably is eyed in the nppointsant of a successor after the Escrow agent ~a resigned, the Iuuer mall psy the Escrow Agent all fey and •, Including reasoneDle attorneys' Gus and expenses and the sa t o! Dringlnq such prowadinga (including aypsllets proceedings) In .d by the Leerow Agent in eonneetion ritb obtaining such appo tmsnt of ^ euccss^oz 8acrow Agent. (i) should sny controvsrry arise with the Issuer or any other is eon, firm or entity, with respect to this aQzssment, the Eecror Pegs 9 of 1! SENT BY~MANONEY ADAMS : 0-id-03 S~DOPN : OLA FLOON+ OO17010065:f11 E^ ov fund, if any, shall bo transferred Dy the Eecror agent Co td 2ssuer. Tne escrow agene shall thereupon a reload and di charged with respect thereto and berets. 8aetion 11. '^^+•'^^~3~• ~~Taw crated. The Escrow Tald er red hereby shall be irrevocable and the holders e! the Retua6ed Eo s shall haw as ezprus lien on and security interest in all to deposited in the Escrw land, lndlndin~qq ali eTrounL re raeatinq principal o! and all uounb zepressntinq interest oa th Federal Seouritiu in the Lorca land, until used end appiiad in aooordande herewith. The Issder shall ta)u os Deuce to be taken al cation necessary to preserve the aforesaid security so long u of the Eatuaded Eonds remsin ufryald. (a) ey exeeutioa oL this 1lgrauent, the ssoror agent aedepts .h duties and obligaeions ae Escrw agent hereunder. TAs Escrow ~4 nt LurtAer repraeonts that It has all the requisite power, end to taken ell oorporats actions nswesary, to exsoute the sscrw z red barsby. (b) Escrow agenC shall haw no responsibility or obligation of kind in connection with this agseeaeat sad the Esaror Se ities, and shall not bs required to deliver the saw or any therwi or Lake arrtyry action ritA respect to any setters Lhat ai t aria in connection therwith, other thaa to reoeiw the Px' eds and to hold and sake delivery of the Escrow Beouritiu u i alYl provided or by reason of a judgasnt or order of a court o! etent jurisdiction. (o) The Escrow agent shall not )» liable 1a oonneation vita Lh performance of iie duties hereunder aECept Los its own ne ligsnce or willful misconduct. 1Ru Escrow agent shall not De 11 Dle for any loos resulting from stry investment reads pursuant to th term. and proviaionm of this Agreoaat. In the went of the Es row agent's Lsiluts to account for cry of the ash or Fedssal 6e Sties received by it hereunder, such cash and Federal 9a Sties shall newrtWlsu be end !amain the property o! the Is unr !or the holders of tTte Refunded Eonds, as herein providW. (d) Eotwithatandinq tea right of the Escror agar to !spiv th soma set forth in Beotion a hereof in its ppaoity a Eeorcw aq t, the Eacror agent acirnowledges that it Ass no claim for say sa payment under the 19e8 ordinance or ilea Ordinance, sad that St hse no lien on the cash and Yedesal Securities 1n tea Lorca Fu for eny such payment. Page • oL is SENT BY~aANONEY ADAMS ~ 0-3l-03 ~ O~OBPM ~ Ott FLOOR+ 80/7~150l5ta10 th•roof, oL all e! the prinoipsl ot, redeDtion praaium, it any, and in[erut on the Refunded Bonds. Beation !. Eaarow Agent Cge*+anaatien, (a) The Escrow Agent agrees to pay, Dut only lrom the Esccor the principal, redemption pr ~a, SL any, ana intern[ on Refunded Honda ae •iorsesid notwithstanding any Lallurs by the er to pay when due any lees or expense oL the iscrow Agent ling to the Rsiundad Bonds. It is expressly understood that such Les or expense inaurrsd Dy the Escrow Aget solinlfgq u aw agent hereunder will be reimDUreed by the Issuer as yrovldad hl^ Sactlon s end in 6eetion 12 hereti. (b) The Escrow Agent hereby aeknowledqu receipt from t)u sr of a one alms Sea of $ as consideration for the ormanca o1 its duties ss Escror Agent hereunder. The Issuer es to pay the Escrow Agent, from time to time, such amounb e be neeesary to reimbuzu the Escrow Agent for Sts legal end of-pocket expense incurred in oonneot7on with the execution of Agreeent and the performenoe of Ste delis hereunder. In the t the Ieewr requets that the Lecrow Agent substitute Eaarow ritise in accordance with 6aation 6 6ereot, oz render aordinary services not oontamplated hereby, the 8serow Agent 1 render such services at a reasonable Laa mutually agcead upon can the Escrow Agent and the Issuer) provided, hOVever, [met r no olrrnmetanon shall the Eseror Agent ba required to titute Escrow securities in accordsnce vita Section s bereoi os er extraordinary ervices not wntemplatad hereby until after amount of such fe thatetoz has been agreed upon. Sactlon 9. Eetie! et hefaseanee end of Redamgtlen. The ow Agent ehnll, within twenty (20) day^ attar the date herett, notice o! the defeaanu of the Rstunded Hoods in tIIe LOrm eked hereto as Schedule "C" to the Registrar/Paying Agent Lor Refunded Bonds wit] instructions to meal such notiw to the rs of iha RKUnded Sonde at their address a they eppaar on registration boo3u kept by the Registrar/Paying Agent Lar the ndad Donds. Tba Issuer has Liled notlae o! such rWemption the Registrar/Paying Agent Lor the Retundad Bonds t0 Cause ca of redeaptlon o1 the Refunded Bonds satusinq on or alter 19 Mica are to Da called Lor redemption on 19 at par, t0 b• given st least IS and not ~ lye pi oT~r to tea raaemptlon o! eucb Refunded Hoods. Seation 10. Tra*~ter et Panda After All Pavmenta Raauired by Agreement are Mace. Alter all principsl of, redaption Sum and interest on all tae Refunded Bonds saw bean ppaaid to PnyySng Agent Lor the Refunded Bonds Sn accordance w1tA the ~isions hereof, all rameinlnq cash end Psderal Becuritiu in the Page 7 of 1{ SENT BY~IIANOMEY ADAMS 0-31-93 5:01PY : 9tft F100R~ 801791581i:a 9 r, and intaraat on the Refunded Honds or subatituta other Padersl itias !or euoh Esorov 8acuritias. In addition, at the written action of the Lauer, the Escrow LgtnL shall laediably vast In PWaral Bawritiec the amounts darivW lrom the using prinoipal of and interest on the Eaerow Beeuritiu, rhleh not then needed to make payments er principal, redemption iua, ii any, and interest en the itatunded Honda when due, mm ~naaationanmsSNbaulafieetedhonly iii ( jY iat tluao-lai~oinq ~.Sonally reoognizad bond eovncel !o the Iswer (delivered to the rtier and the Escrow Agent) , sueh trsnsactlons (11) will not under ~~ atatutaa, rules end requlstions than in iorea and eypl~cabla, as tba intarsst on the Refunded Honda or the 1997 Hote to De ludabla in groe• incoas of the holders thereof !or federal oma tax purpoaaa and (B) era permitted bareUndart and (1!) an epandent certiflad publie accountant shall tastily to the Issuer Escrow Agent that the cash end principal amount of ledaral uritias remnining on hand in the Escrow fluld after the nsaotlons era completed, together with the interest dw thereon, 1 be suflSoient to pay when due, whether at maturity or upon the amplion thereof, in accordsnce with Sahedula ^A,e all of the noipsl of, redemption premium, it any, and interact on the undsd Ronde. Such opinions and certifioations ehnll bn niahad by the Iawar to the Escrow Agent st the Iuvar~s •naa. The Escrow Agent may oonclusively zaly on the toregolnq Mona and certifications. The Escrow Agent eovanante to tale no actien in the utment, reinvestment or eewrity o! Lhs Escrow Pund Sn ration of thi^ Agreement and recognizes Chet am. such action in aravantlen of this AQreement might cause the 199] Rota ar the naiad Bones to ba elaceified am "arbitrage bonds" under section of the Internal Rewnua Coda or 1986, as WndW and the nations promulgataa ehareundar (^COde^); provSdW, howver, the row Agent shall bs under no duty to inquire whsthar the Pedersl iritias as depoalCed in the Escrow Pond are properly Snouted ~r the Code except as specifically set forth in this Section 6, provided Lurthar that the Escrow Agent may rely on all spaeitic ~etions in this Agreement in ~aie investment or reinvutmant o! Escrow Fund. Saotion 7. Escrow n,..d Aald Por HanKi of Koldara of ease Bonds. The 8scrov Agent, acting in its espaoity ae escrow t hereunder, agrees Uat the total mturlnq principal amount end interest, on the Escrow Bewritlea on deposit in the 6serow will G Wald for the holders of the Relunded Honda and keyt rate and distinct Lroa all other Lunde of the Issuer and Escrow t and irrevocably sgreas to apply said prinelpll amount of, and rant on, the Escrow Securities as the same shall be paid, to payment vhen due, whether at maturity or upon the redemption Pegs 6 of 1f SENT OY~MANONEY AOAMS 0-1t-07 : 5~07PM : Ota FLOOR» 70t77157t5:a 0 Bectlon 7. Durchua snd Acceatance et Tederel Becurltiee, Th barow Agent is hereby directed to immediately purchase the 8• ow 8ecuritiu. The Esarav Agent shall purchase the Esarow 8 itin solely from the ProceWs transferred to the Escrow Tung ~ notl lnwetsd Sn EscrwSecuritlss shsllsbs h ld by then Escsar Aq t for the purposes hereof. The Escrow Agan! shall apply the h deposited in the Escrow Turd snd the Escrow 8eourities, t ether with all Snoome or earnings Lheraon, 1r aocordanee with provUions hereof. The Escrow Agent shall haw no powr er du y to Snwat anY Dash held hereunder or to sell, transfer, • stitub or otherrlu dispose o! the TWeral eacurities held h sunder except a provided in tbis Agreement. In making Snveatmsnts hereunder, or Sn ae111ng or QSsposlnq o! in aatment as required hereby, the Bearow Agent shell be tv11p pr tsatad !n relying solely upon the directions of the Issuer. er no circumstances whntaeevar, shell the Hsarow Agent be liable to any person for any claims, demands, damages, lisbilltlae, to ass, costs or axpsnses resulting therefore or in snywey co ectad therewith, ao long as tba Eeorow Agent seta only 1n so ordanee with tba written dlreMions of the Issuer as yrovidad Section t. Transfer. from Becrow Pond. As the principal of th Uarow eeourities and Lhe reinveatmants made pureusnt to Be ion 5 hereof shall mature and W paid, and tram other funds de sited into the Escrow Fund pursuant to this Agteement, the Es ow Agent shall, no later that saob interut or principal Da t or redemption date for the Retunde6 Bonds, pry from the 8e Tund to tna Paying Agent for the Refunded Bonds amounu sv tleient to pay, when due, whether at maturity or upon the r emption thereof, the principal ot, redemptien premium, it any, an interest on Cha Refunded Bonds, es specified on BeheQnla "A" he to! in the manner set forth Sn Lhe 1905 Ordinlncs and 1909 Or inane, es applicable. Section 5. Retnwstment of Canain Panda Received. EXCept as pr vided in this Agreement, the Esarow Agent shall not reinvest am of the amounts received lrom the maturing principal of or interest on the Escrow Securities. Btletlon 6. Bala ar n_betitution of Eearow 6aauritiee. At the en direMion of the Issuer, subject Lo the last sentence of on B(b) hereol, and upon compliance wish the conditions natter stated, the Eeorov Agent shall sell, transfer or wise dispose o! or request the redemption of any of the Escrov Sties acquired hereunder and shall either apply the proceeds of to pay, when due, whether at maturity or upon the ption thareoL, all the principal ot, redemption premium, St Page Sot 14 SENT BT~au)ONEY wlu5 4-t/-07 ~ S~OSPY ; Otn FLOOR» 4017i15445:a 7 sadn diraat obllgatlons ot, or obligations the tlsaly paysant o! th prlnolpal of and intsrsst on rhiah nra fully guarentead by, the IIn tW Ststas of America, none of rhiah panit raaupeien priior to ss unity at the option of the eDligor must ba halted to the !o lwinq: II. B. Treasury Cartlticatas, xotas and Ronda (including StaG Local Goverment Sariaa -- •BLCB•), dlrict obligatlona O! the aury itself, •GS8• s:W •TIGRS" and obllgatiotu Sssuad by the wing agancla rhich ua baaksd by the full faith and credit of a.s.. ;. n. s. aYmort-Dort Bsnr: Direct obligstions or fully gwra::taad csrtifiaetw of banalSoial ornuship ~, Farww~^ Fea dwi i r+ i Cartltlcatss o1 benetiolel wnarshlp 3. Federal Finanaira Ban4 {. Federal xauaina Rem niatra ien Dabwn ,+rw. B. General servi.es dm+wi. r. +....~ Partlolpatlon certificates 6. 51:8. FariTlma Administ Tien: GuarantaaQ Title YI 7. F~(`vmmunltiee Debent"res: 9.8. govartmant Queranteae debentures 8. U.B. Public Foueira Fetes and Bondat 0.8. gwar:ment quuantead public houainq notes and bolls 9. U.B. Daeew~ent of FnL.~+..•. woes Orban Daval t• Pro~sat xotss; Local Authority Bonds 30. Praretunded sunieiyal bonds seat ba rated •Aaa• Moody's Investors aarviee or •AAA• by 6tandard i Poor Corporation. The Esczw Securitiu rill metura in principal uwnts and • Sneoma et such times and Sn such asounts ao u to provide mo Sas rhich, togathu rith the cash hold by the Escrw Agent, will ba suffiaiant to pay Then duo, rhsthu at aaturity or upon the r ion LS:areol, all of the prinoipel of, redemption prsaivm, if an , any interest on the Refunded bonds, in aecerQanca rith the adule of paymanU sat forth on Bchadnla •A• atlacbad berito. xo rlthstandSnq the torigoinq, i! the asounts deposited Sn the Ss w Fund era insutfielent to make maid psymant so prlnaipal er, ra asption premium, if eny, and interest on tba Retunda6 bonds then du the Eseror Agent shell prosptly notify the Iesuer Sn rritl:p, an Samadiata ly upon rowipt of such notlos tros the bares Agent, th Issuer shall daposlt SMO the Escrw fund, the amount of any de iciancy. The liability of the Esatw Agent t0 sake payments re iced by thin Agreomant shall W llsitad to the aonias and 6s w Baeurities and other monies available for sue6 yurposa to pa the Ratundad Ronda. Pnge 4 of 14 SENT BY~NANONEY ADAMS ~ O-Y~-93 ~ S~OSPM ~ !tn FLOON» 90~7Yt58/5.r S • •1997 Nota") pursuant to.RSwlution No. 93-3t and Resolution No~ 97-_ (eollsetively, [hs "1997 Note Resolution")~ and MRDIEAB, a snttlolent portion of the yroceeds of tbs 1997 together vlth other funds of the Issuer laKUlly available stow, rill b• applied to the purchase oL Pedezsl 9ecuritias is r to satiety the obligations of the issuer under the Refunded s) and NNERPJIB, tba federal securities rill fatare and produce stfent inooma end earnings at snob ties and in eue6 asiounes u be autlicient to pay when due, wAatnsr a! faturlty ar upon the aption Uferwf, all of the principal ot, redefptlen premivf, it and Snterut on the Ratundad Bonds, a fora particularly riDed !n Bahedule •A• nerwlJ and NREREAB, the Issuer desires to enter Snto this Agreesent to ids for the taking of certain motions w as to aeooaplleh the nw reiundlnq snd deteasance of the Refunded Bondej NON TNSItEPORH, in considKation of the autual aorensnta Aarain aimed, the Partin, SntendSnq to ba legally Dound, hereby nest and agree as follows: - 6ection 1. ,('Zeation or Eeerw Maid. The Iuuar hereby rota and designates Esarw Agent as Escrow Agent hereunder. ov Agent hereby egreu to ba ease Aaraunder !ar the purpous on the farms hereinsftsr set forth. Notritnftand171q any nalsture used Sn this Agreement, Eeerw Agent~• duties atfd oneibilitiu hereunder era purely flaisterial and era in Lhe re of an esarw agent snd not as a trustee. TRare is hereby tad and established with the Escrw Agani and the Law Agent iracead eo open in ib name as escrw aagqent for the Issuer, • Sal and SrravocabU ascrw fund deslgnatW the •City of ntie Beaab, flarids, NaCer and ewer Note Eeerw fund" (the rw fund") to W meld by the Lsarw Agent, aetitq a Eaarw t, !or the bensLit of the holders o! the RetundW Bonds. Tne ow Fund shall D• held by the Larw Agent separate and apart ~ other funds oL the Zeewr or the Eeerw Agent. eeatlon 2. ^~eoalt of Noniea +~ Ps ++t of Ratu++aed Benda, currently with the execution oL this Agreement, the Iaauar ~vitR deposits and the Esarw Agent hereby aeknorledges receipt i the I^suer of g frog a portion o1 the proeeede of sole of she 1997 No s "Proueds•). Mw tM Proceeds uferrad to the Eearw Pond, g shell bs apyliW to the ibaw of the Pedaral Baourl~torth on seheduU •B" ,chad hereto (the "Eeerw securitisa•) and the balance, shell be held by the Eeerw Agent a• cash. Tor ioaia ~ this Agreement, the tars "Federal eaecritlea" shall Page 7 of It SENT BY•M~DNEY ADAMS ; 0-t1-93 ; S:OrVM IM FLOOR- i0A1Y15345;a 5 as sit of any other securities er SnwsWnis rhich • erlasa bN lar troy sloe to etas and wtliaisnt under wmell lu Lo ettaot such a detsasenes) !n lrrewaabis trust rltb • baaklnq titution or trwt oempany, !or the sole benetlC o! the holden o! tbs 1989 Bonds, in respect to vAich suo6 7Wsn1 Bsaurltlq or c itioatss o! dsposlt, the principal end Sntsrast rscelwd rill bs sufricient to make timely paysent o! the principal ot, SMersst on redeu~ptloa presiuas, it any, expenses end aay other obligations of the issuer incurred rich respect to tbs outstanding 1989 Bonds it b• oonaid ~loprwlsion !or payasat or, tps principal, Sn ut end red pzemiuas !! any rith ns eo ds% and peoi to the 1919 it at ~ ion 20 (a) o! the 19aS Ordinance prwldsa that, the Iswsr shall haw paid, or shall haw wade pr vision for Pr Some, St eny,yvith napect for the 1966 Bo as st and redssptlon sv t, the pledge of sna lien of the 19e5 OrElnwe~nq In that eo snants in the 19eS Ordinance in tawr of the holders of tt~e 1985 So as shall be no longer in •t[ectl and it et iss~tha Iasuatr .halls noes Otdinencs prwldes that, pr vision !or peymant ot, the pe1d, or shall hew Beds pr niuau, i! airy, with r Drinciyal, interest and redemption w t, the pledge of end Ilan ote ths9 bonds, mw' a~ la that c enants in the 1989 Ordinance la tevot of tbs hold o= tba 1989 Bo de shell ba no longer in •itectj tad So • rHBRYJI3' 6ecelon 11 of the 19aS Ordinance Drovidss that there xprassly reearvW to the Zswer the rigbt to Lsdeem the 19as Bo de on and after 1SSy 1S, 1991, in Mole or SA Dart, on say dots at the price of par plot accrued intsrut to the rMeagrtion dataj an L • r~~~~rswrved to oche hIseuar tbadi rlgbt too redsw~at ~ws Bo ds on and attar the 1989 on any date, at the p- r~ei of =' 19 ~ 1a mole or Sn part, re smptlon dates •nd ~ Plus iccrtysd Snbrest to t3y, rB32REh8, the Iswer has QeGrsined to advance rslund The 19a9 s end P lnci alBOnds rhieh ara3 presently outstanding in ehs egeb p oounta or psetively (collectively, the "34fund e•)J~and ~ rB17tpJ19, in order to provlde for the advance nrunding of Che 000 OOOCe~~ the Issuer has issued concurrently Aerwith , ggragsta prlnclpnl amount of Sb hater and Barer Xote page 3 of 14 SENT BY~aAMONEY ADAMS : 6-2l-73 5~07PM : 6ttt fL00R+ BO{73 i56l5:a ! i ~ E8CltOR DEPWZO! AWtEllta! T828 EaC12OW DITOSIT AOR~NT (the "Agreement"), dated 1991, le entered into by and betve.n the CI:Tx OP AT ZC BEACIi, ~PI.OAIDA (the "Issuer") and 8A1tIfE1T nANEB TED'ST ANY, N.A., Jecksonv111e, Plorida,, as Esarov Agent (the "HSOrav Aq ne") (eolLatiwly, the "Parties"); W I T N E S S E S Ex NEERFAB, the Issuer is a municipal corporation atfd political • ivlslen of t3te clef of PloridaJ and N9EREA9, the Bsorow Agent is a national banking assoeiatSon or anizad and existing under the'lsv o! the 17nited Bttes, having it principal corporate trust office in Jacksonville, Plorida; and NHBItEAS, the Issuer Ass heretofore iaswd Sts Buccaneer Maier an Bever District Revenue Honda in the aggregate yrinaipal amount of 52,300,000 (the "1985 Bonds"), dated June 1, 1985, under and p suant to Ordinance Ho. 80-85-26 (the •1935 Ordinance") to S ace the court of the purchase price of all of the upitsl stock of eoanpr service Company, Zno. for the yurpou of sequlring the 1317 cancer Natsr and bearer District syetom; and NHEREAS, the Issuer has heretofore issued its Oak Harbor Wst^r en Bever District Awenue Honds in the aggregate yrinaipal amount o! 8900,000 (the •1989 Honda"), dated February 28, 1989, under and Du auant to Otdinencs No. 80-88-17 (the •1939 Ordinmw•) to LS acs the cost oL the purchase oL the easels o! the Oak Harbor 8y tam; and WHERBJI3, Section 20(e) of the 1985 Ordinance providee that de osit o! Pederal Securities (as sucA tra is hereinafter defined) or bank certificates of deposit fully secured as to principal and in steel by Pederal Securities (ar deposit o! any other securities or investment vhioh may be suthorized by lav lrom time to time and -• su liclent under such lav to elect such a delsasance) Sa evocable trust with a banking. institution or trust company, for th solo benetit of the holders of the 1985 EoMs, in respell to vh oh such Pederal 6ewrSLies or aartilicatas of deyosil, the pr nolpal and interest received will ba sutilcienC to make timely ya ant o! the principal o!, interest on, redemption premiuu, it an , expanses and any other obligations of the Ieeunr incurred with re Dent to the outetanding 1985 Bonds, shell be eonsiderad pr vision for payment o!, the principal, interest and redemption pr iuma, 1L any with rasyect to the 1985 Bonds; and WHEREAS, Section 20(a) of the 1989 ordinance providee that da osit of Pederal Securities or bank eartiticatas o! deposit fully se red es to principal and interest ~y Pederal Securities (or CITY OF ATLANTIC BEACH, FLORIDA [SEAL) BY• Name: William I. Gulliford, Jr. True: Mayor Nazne: Kim D. Leinbach Title: City Manager ATTEST: Clerk Approved as to Form, Sutbcienc/ and Correctness: City Attorney c~a:wi~) 3- _.._, a: or extended from time to time); (ti) any other extensions of credit heretofore, now or hereafter made by the Battle or any of its Affiliates to or for the benefit of the Borrower or any of its Afiliates (as the same tttay be renewed, amended, restated or extended from time to time); (iii) any guaranty of arty of the foregoing loans or extensions of credit, whether now or hereafter in effect (as any such guaranty may from time to time be renewed, amended, restated or extended); and (iv) any loan agreement, note, security agreement, mortgage, environmental agreement, pledge, financing statement, gttaranry agreement, consent, certifiate or other document or agreement, whether now or hereafter in effect, relatittg in arty way to any of the foregoing loans, extensions of credit or guaranties (as arty such documents or agreements may be renewed, amended, restated or extended from time to time). (b) A party's "Affiliates" shall mean: (i) each pesoq corporation and other entity (each, a "Control Affiliate") that convots, is controlled by or is under common control with the party; and (ii) each agent, attomry-in-fact, employee, shareholder, officer or director of the parry or any Control Affiliate of the parry. 3. The panies hereto have specifically discussed this Agreement, and they have agreed that it is an essential part of their agreement about the Credit Facility. 4. This Agreement shall be governed by the laws of the state in which the Bank is domiciled. This Agreement may not be modified nor shall arty provision be waived, except by written instrument executed by all of the parties hercto. This Agreement shall inure to the benefit of, and shall be binding upon, all of the panies' respective successors, assigns and Affiliates. This Agreement may be executed in one or more counterparts. Such counterparts shall constitute one agreement. This Agreement shall be binding upon each person or entity which signs the same or a counterpan hereof whether or not all persons or entities listed below sign this Agreement or a counterpart hereof. Executed the day and year first above written. BARNETT BANK OF JACKSONVILLE, NA By. Name: Title: -2- WAIVER OF JURY TRIAL THiS WAIVER is made as of [he first day of July, 1993, by BARNETT BANK OF JACKSONVILLE, N.A. (the "Bank") and the CITY OF ATLANTIC BEACH, FLORIDA (the "Bortower"). R~OITA[1,~: The Bank is this day entering into a aedit facility with the Borrower. The Bank and the Borrower wish to waive certain rights in connection with the credit facility. NOW, THEREFORE, for good and valuable consideration, the parties agree as fOIlOwS: 1. Each of the parties hereto knowingly, voluntarily and intentionally waives any right that it may have to a trial by jury in any litigation arising out of, under or in connection with: (a) the Credit Facility (as defined herein) or any documents, communicatioru or Vans- actions related thereto; or (b) any course of condutt, course of dealing, statements (whether oral or written), actions or omissions of any party hereto or any of their respective Affiliates (as defined herein) in connection with or related to the Credit Facility or otherwise. in addition, each party hereto shall cause each of its Affiliates to waive any right that it may have to a trial by jury in any such litigation, and no such parry shall assert, maintain or pursue any claim, defense or position in arty such litigation unless each of its Affiliates which is a party thereto shall have waived all rights to trial by jury in such litigation. The waiver set forth herein shall extend to all litigation by, against or involving any party hereto or its Affiliates including, without limitation, actions, claims and suits based upon tor[, breach of contract, ululation o(law, fraud, inequitable conduct, bad faith, misrepresentation or breach of fiduciary duty. 2. Each of the parties irrevocably and unconditionally: (a) agrees that any suit, action, or other legal proceeding arising out of or relating to the Credit Facility may be brought, at the option of the Bank, in :. court of record of [he State of Florida in Duval County, in the United States District Court fo: the Middle District of Forida, or in any other court of mmpetem jurisdiction; (b) ronsents to [he jurisdiction of each such court in any such suit, action, or proceeding; and (c) waives any objection which he, she or it may have to the laying of venue of any such suit, or proceeding in any of such courts. 2. For purposes hereof, the terms "Credit Facility" and "Affiliate" shall have the following meanings: (a) "Credit Facility" shall mean and include: (i) any loan or loans heretofore, now or hereafter made by the Bank or any of iu Affiliates to the Borrower or any of its Affiliates (as the same may be renewed, amended, restated (() Other Change in Tax laws. If the tax laws or regulations are amended to decrease the Federal Rate, or to cause the interest on the Note to be taxable, to be subject to a minimum tax or an alternative minimum tax, or to otherwise decrease the effective after-tax yield on the Note to the Noteholder (directly or indirectly, other than a change described in (a) through (e) above or because of a Determination of Taxability) then the interest rate on the Note will be adjusted to cause the effective after-tax yield on the Note to equal what [he yield on the Note would have been in the absence of such change or amendment in the tax laws or regulations. If the tax laws or regulations are amended to increase the effective after-tax yield on this Note to the Noteholder (including by way of an increase in the Federal Rate), then the interest rate on [he Note will be decreased to cause the effective after-tax yield on this Note to equal what the yield would have been in the absence of such change or amendment in the tax laws or regulations. 3. The above adjustments will be cumulative, but in no event will the interest rate nn the Note exceed the maximum rate permitted bylaw. The above adjustments to the interest rate on the Note will be effective on the effective date of the applicable change in the tax laws or regulations. Interest on the Note and all other taz rates and interest rates are expressed as annual rates. However, proper partial adjustment will be made if the tax law change is ef[ective after the first day of the Noteholder's tax year or if interest on the Note does not accrue for the entire tax year of the Noteholder. Adjustments which create a circular calculation because the interest rate on the Note is affened by the calculation will he carried out sequentially, increasing the interest rate on [he Note aaordingly in each successive calculation using as the new value the increase in the interest rate on the Note, until the change on the interest rate on the No[e caused by the next successive ealwlation of the adjustment is de minimis. If more than one of paragraphs (a) through (E) apply, then [he interest rate on the Noce will be adjusted in the order in which listed above. 4. To the extent an adjustment to the interest rate on the Note is not effected within three (3) months of the event giving rise to the adjustment, ;he additional interest due as a result of such adjustment will he paid with interest compounded monthly at the rate which is equal to the interest rate on the Note. All unpaid amounts determined to be owing as a result of such calculation will be due and payable within ten (10) days after delivery of notice of the amount of such adjustment, and will be paid to the Noteholder of record during the period [o which the adjustment relates. This obligation will survive the payment and cancellation of the Note, but shall not include any adjustment with respect to which the Lender cannot suffer an inaease in tax liability. 5. Upon the occurrence of a Determination of Taxability, the Borrower agrees to p;rv to the Noteholder any penalties or interest on past due [axes payable by such Noteholder to the Internal Revenue Service by reason thereof. Annex 1, Page 4 which interest on [he Note is an indirect tax preference item will be increased by an amount equal to (A - B) x C where: (1) A equals the interest rate on the Note otherwise applicable, expressed as a percentage; (2) B equals the Noteholder s Adjusted Cos: of Funds; and (3) C equals 75% of the maximum marginal rate of the alternative minimum tax expressed as a decimal, or, if the Code is smended to effectively increase or decrease the percentage of interest on the Note which is subject to such indirect alternative minimum tax, then C will equal the percentage of such interest which is effectively subject to such indirect alternative minimum tax. (d) foss nF Federal Income Tax Deduction fo tare Incom Taxe . If the federal income tax deduction for stale income taxes paid on the interest payments received under the Note during any period is reduced because of any change in the tax laws or regulations, then the interest rate on the Note otherwise applicable will be increased during such period by an amoun[ equal to A x B x C x D where: (1) A equals the fraction (expressed as a decimal) of the total state income tax disallowed as a result of such tax law change; (2) B equals the rate of the applicable slate income tax (expressed as a decimal); (3) C equals [he maximum federal corporate tax rate then in effect for the Noteholder (expressed as a decimal); and (4) D eyuais the interest rate on the Note otherwise applicable, expressed as a percentage. (e) Partial Taxability. If the interest payments received under the Note during any period become partially taxable because of any change in the tax laws or regulations, then the interest rate on [he Note otherwise applicable will be increased during such period by an amount equal to (A - B) x C where: (I) A equals the Taxable Rate (expressed as a percentage); (2) B equals the interest rate on the Note otherwise applicable, expressed as a percen[age;and (3) C equals the fraction of [he interest rate on the Note which has become taxable as the result of such tax change (expressed as a decimal). Annex I, Page 3 2. The rate of interest on the Note will be adjus[ed az follows: (a) Change in Tax Laws R rding Deductions. If the portion of the nondeductible poniun of interest expense incurred or deemed to have been incurred because the Noteholder holds the Note and which would otherwise be allowable az a deduction to the Noteholder during any penal (the "Related Interest") is increased above 20% because of any change in the tax laws or regulations, (within the meaning of Settion 291, Section 265 or any successor provision of the Code), or because the No[e is not or ceases to be qualified az a "qualified tax-exempt obligation' under Section 265(b)(3)(B) of the Code, then the interest ra[e on the Note otherwise applicable during such period shall be increased each calendar year by a percentage amount equal to (A - .20) x B x C where: (1) A equals [he fraction (expressed az a decimal) of the Related Interest not allowable as a deduction to the Noteholder after the effettive date of the change; (?) B eyuals the maximum wrporate tax rate then in effect (expressed as a decimal): (3) C equals the Noteholder's Adjusted Cost of Funds. (b) Alternative Minimum 'fax Where Note Interest is a Direct Tax Preference Item. IRhe Noteholder or its parent holding company pays an alternative minimum tax in anc tax year and the interest on the Note is a direct tar preference item under section 57(a)(5) or any successor provision of the Code, then the interest ra[e on the Note otherwise applicable for the period during such tax year in which interest on the Note is a direct tar preference item will be increazed by an amount equal to (A - B) x C where: (1) A equals the interest rate on the Note otherwise applicable expressed az a percentage; (?) B equals the Noteholders Adjusted Cos[ of Funds; and (3) C eyuals the maximum marginal rate of the alternative minimum tax expressed as a decimal (currently .20); (c) Alternative Minimum Tar Where Note Interest is an Indirect Tax Preference Item. If the Noteholder or its holding company pays an alternative minimum tax in any tax year and the interest on the Note is not a direct tax preference item under section 57(x)(5), but is an indirett tax preference item because of the application of section 56(g) or any successor provision of [he Code, then the interest rate nn the Rote otherwise applicable for the period during such tax year in Annex 1, Page 2 ANNIX 'I' 1. For the purposes of this Annex I, the following terms have the meanings assigned thereto below: (a) "Noteholder" means Barnett Bank of Jacksonville, NA, or the successor institutional holder of the Note. If the successor holder is not an institutional holder, then Noteholder will mean Barnett Bank of Jacksonville, N.A.; (h) "Noteholder's Adjusted Cost of Funds" means the fraction (expressed as a percentage), determined by the Noteholder or in the case of Barne« Bank of 1acltionville, N'.A., determined by Barnett Banks, Inc., of the total interest expense of the Noteholder for each calendar year divided by the total average adjusted bases of all asses of the Noteholder during the calendar year as determined under Section 255(b)(2)(B) of the Code or any successor provision; (c) "Determination of Taxability" means the circumstance of interest paid or payable on the Note becoming includable for federal income tax purposes in the gross income of the Noteholder as a consequence of any act, omission er event whatsoever and regardless of whether the same was within or beyond the control of the Borrower A Determination of Taxability will be deemed to have occurred upon: (i) [he receipt by the Borrower or Noteholder of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficienry which holds that any interest payable on the Note is includable in the gross income of the \'oteholder, (ii) the issuance of any public or private ruling of the Internal Revenue Service tha[ any interest payable on the Note is includable in the gross income of the Noteholder; or (iii) receipt by the Borrower or Noteholder of an opinion of bond counsel that any interest on the Note has become includable in the gross inrnme of the Noteholder for federal income tax purposes For all purposes of chic definition, a Determination of Taxability will be deemed to occur nn the date ac o(~chich the interest on the Note is deemed includable in the gross income of the Noteholder: (d) "Federal Rate' means, at any time, the then-current maximum marginal rate of federal corporate income taxation imposed pursuant to the Code; and (e) "State Rate' means, at any time, the then-curtent maximum marginal rate of corporate income tax imposed by the State. (f) '?arable Rate' means _ percent (_4%) pe: annum. Annex I, Page 1 IN WITNESS WHEREOF, the City of Atlantic Beach, Florida ltas issued this Note and has caused thi; Note to be execu[ed in its name by the manual signature of its Mayor- Commissioner and City Manager and attested by the tttanual signature of the Clerk and its seal to be impressed on this Note, all as of this first day of July, 1993. [SEALJ CITY OF ATLANTIC BEACH, FLARIDA By: Name: William I. Gulliford, Jr. Titiz: Mayor-Cotrtmissiocer By: Name: Kim D. Leinbach Title: City Manager ATTEST: City Clerk Approved as to Form, Sufficiency and Correctness: City Attorney (AB:Sac) 5- the extent specifically recited therein. A waiver or release with reference to one event shall not be conswed as continuing, az a bar to, or az a waiver or release of any subsequent right, remedy or recourse as [o any subseyuent event. This Note shall be construed and enforced in accordance wi[h Florida law and shall be binding on the successors and assigns of the parties hereto. The [erm "Lender" as used herein shall mean any holder of this Note. The Borrmver and all sureties, endorsers and guarantors of this Note hereby: (i) waive demand, notice of demand, presentment for payment, notice of nonpayment or dishonor, protest, notice of protest and all other notice, filing of suit and diligence in collec[ing this Note, or in the Lenders enforcing any of its rights under any guaranties securing the repayment hereof; (ii) agree to any substitution, addition or release of any collateral or any party or person primarily or secondarily liable hereon; (iii) agree that the Lender shall not be required first to institute any suit, or to exhaust his, their or its remedies against the Borrower or any other person or party to become liable hereunder, or against any collateral in order ro enforce payment of [his Note; (iv) consent to any extension, rearrangement, renewal or postponement of time of payment of this Note and to any other indulgency with respect hereto without notice, consent or consideration to any of them; and (v) agree that, notwiths[anding the occurrence of any of the foregoing (except with the express wri[ten release by the Lender of any such person), they shall be and remain jointly and severally, directly and primarily, liable for all sums due under this Note. THIS NOTE AND THE INTEREST ON THIS NOTE DOES NOT AND WILL NOT CONSTITCTE A GENERAL INDEBTEDNESS OF THE BORROWER \VITHIN THE MEANING OF ANY CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION BU`T WILL BE PAYABLE SOLELY FROM THE AfOSEYSANDSOURCESPLEDGEDFORREPAYMENTOFTHENOTE. NEITHER THE FAIT}i AND CREDIT NOR THE AD VALOREM TAXING POWER OF THE 60RROWER, THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION OF EITHER IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON "IT11S NOTE OR OTHER COSTS INCIDENTAL TO THE NOTE, THE OBLIGATION OF TIIE BORROWER BEING LIMITED AS PROVIDED IN THE RESOLUTION. NO OBLIGATION HEREUNDER SHALL BE OR BE DEEMED TO BE AN OBLIGATION OF ANY MEMBER OF THE GOVERNING BODY OR ANY OFFICER, EMPLOYEE OR AGENT OF THE BORROWER IN HIS OR HER INDIVIDUAL CAPACITY, AND NONE OF SUCH PERSONS EXECUTING THIS NOTE SHALL BE LIABLE PERSONALLY HEREON BY REASON THEREOF. It is certified, recited and declared that all acts, conditions and things required to exist, happen and he performed precedent to and in the execution and delivery of the Loan Agreement and the issuance of this Note do exist, have happened and have been performed in due [ime, form and manner as required by law, and that the issuance of this No[e, together with all other obligations of the Borrower, does not exceed or violate arty constitu!ional or statuton~ limitation. 4- under the laws u( FloriJa, then at the highest legal rate permissible [hereunder (the "Default Rate"). 6. Ex ens s. All parties liable for the payment of this Note agree to pay the I~nder all reasonable costs incurred by it in connection with the collection of this Note. Such costs include, without limitation, tees for the services of counsel and legal assistants employed to collect this Note, whether or not suit be brought, and whether incurred in connection with collection, trial, appeal or otherwise. All such parties further agree to indemnif}' and hold the Lender harmless against liability for the payment of state documentary stamp taxes, intangible taxes or other tares (including interest and penalties, if any), excluding income or service taxes of the LendeY, which may be determined to be payable with respect [o this transaction. 7. f-ate__ Char4P. A late charge of five percent (5%) of any payment required hereunder shall be imposed on each and every payment not received by the Lender within five (5) days after it is due. However, the late charge shall not in any event exceed E250.00 with respect to env delinquent installment. The late charge is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. The late charge shall be immediately due and payable and shall be paid by the Borrower to the Lender without notice or demand. This provision for a late charge is not and shall not be deemed a grace period, and the Lender has no obligation to accept a late payment. Further, the acceptance of a late payment shall not constitute a waiver of any default then exicu ng or thereafter arising under this Vote. Reeictration ant Exch (a) This Note may be transferred by the registered Noteholder or by the Noteholder; attorney-in-fact duly authorized in writing. Upon the transfer, a new Note will be issued to the transferee in exchange for the old Note. (b) The person in whose name this Note will be registered will be deemed and regarded as the absolute owner of the Note for all purposes, and payment of principal and interest on this Note will be made only to or upon the written order of the Noteholder or its duly authorized attorney-in-fact. All such payments will be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid. 9. ~iiscellanenuc. The Borrower and all sureties, endorsers and guarantors of this Note shall make all payments hereunder in lawful money of [he Crated States at the Lender's address set forth herein or at such other place az the Lender may designate in writing. "f}te remedies of the Lender as provided herein shall be cumulative and concurrent, and may be pursued singly, successively or together, at the sole discretion of [he Lender and may be exercise) as often as occasion therefor shall arise. No act of omission or commission of [he Lender, including specifically any failure to exercise any right, remedy or recourse, shall be effective, unless set forth in a written document executed by the Lender, and then only to 3- ^ in the interest rate applicable hereto as provided in Annex 1, and any such increases shall be deferred, withom forgiveness, for 60 days. (b) Interest shall be calculated on the basis of a 360.day year (based upon the actual number of days elapsed). (c) The total liability of the Borzower and any endorsers or guarantors hereof for payment of interest shall not exceed any limitations imposed on the payment of interest by applicable usury laws. If any interest is received or charged be anc holder hereo(in excess of that amount, the Borzower shall be emitted co an immediate refund of the excess. (c) L'pon the occurrence of an Event of Default hereunder, interest shall accrue at the Default Ra[e hereinafter set fonh notwithstanding the provisions of this section. 3. Prepayment. The Borrower shall be entitled to prepay this No[e in whole or in part at anv time without penalty. Prepayments of principal shall be applied in the inverse order of principal payments required hereunder. The Borrower shall provide the Lender with ninety (90) days' prior written notice indicating that any payment hereunder is intended as a prepayment. The amount available for borrowings hereunder shall thereafter be reduced by the amount of any such prepayment. 4. Aoolicatinn of Payments. All payments hereunder shall be applied first to the Lenders costs and expenses, then to fees authorized hereunder or under [he Luan Aereement, then to interest and then to principal. >. Default. Any of the following events shall be considered an "Event of Default": (a) Nonp;:ymem of principal, interest, am fee or any other amoum due hereunder as and when due and payable: or (b) Any Default or Event of Default under the Loan Agreement. tf any Event of Default shall occur: (i) the Lender may, without notice to the Borrower, refuse to advance any more funds hereunder or under the Loan Agreement; and (ii) the outstanding principal of this Note, all interest thereon and all other amounts payable under this Rote or otherwise shall become and be forthwith due and payable in the manner described in the Loan Agreement, without presentment, demand, protest or further notice of anv kind. al! of which are herem• expressly waited by the Borrower. Upon the occurrence of any Event of Default, the outstanding principal of this Note, and any accrued and unpaid interest, shall bear interest at a rate of either five percent (5%a) per annum above [he interest rate otherwise applicable hereto after default until paid or, if such rate is usurious 2• CITY OF ATLANTIC BEACH, FLORIDA WATER A.ND SEWER REVENLIF NOTE R-1 510,000,000.00 July 1, 1993 Jacksonville, Florida FOR VALUE RECEIVED, the undersigned, Cirj of Atlantic Beach, Florida, a municipal corporation and political subdivision of the State of Florida (the "Borrower"), hereby promises to pay to [he order of Barnet[ Bank of Jacksonville, N.A. (the "Lender"), whose address is 50 North Laura S[reet, Jacksonville, Florida 32202, the principal sum of Ten Million and NO/100 Dollars (S (0,000,000.00), or such lesser sum as is advanced hereunder, together with interest on each advance hereunder from the date of such advance until payment in full at the :ate provided herein. This Note is the Note referred to in that certain Loan Agreement, dated as of the date hereof, between the Borrower and the Lender (as amended from time to time, the "Loan Agreement"), and is entitled to the benefits thereof. This Note is issued by [he Borrower pursuant to its Resolution No. adopted June 28, 1993, and is entitled to the benefits thereof. Capitalized terms used and not otherwise defined herein are used with the meanings assigned thereto in the Resolution. This \ote shall be governed by the fallowing provisions: Pavmencs. (a) The Borrower shall pay all accrued interest hereunder on the first day of each October 1, January 1, April 1 and July 1, commencing October 1, ]993 and continuing through ;md including July 1, 199fi. (h) The Borrower shall pay irstallmenu of principal and accrued interest nn each October t, January I, April I and July ], commencing October 1, 1996 and continuing through and including July 1, 2008, in substantially equal amounts sufficient to fully amortize the outstanding balance of this Note on October 1, 1996 in forty-eight (48) quarterly payments. All outstanding principal hereunder, together with all accrued and unpaid interest thereon, shall be due and payable in full on July 1,-008. 2. Interest. (aj Interest shall accrue on the outstanding principal balance of this Note at an annual rate of interest equal to 535%, subject [o adjustmen[ as prrnided in nnex I hereto. Notwithstanding anything contained herein or in Annex I hereto, no increase in the interest rate hereunder shall be applicable if the cattle thereof is due to factual circumstances of, and unique to, the Lender. The Lender and the Borrower shall cooperate, at the expense of the Borrower except as to maters described in the preceding sentence, to minimize, to the extent practicable, the impact of any tax law changes or circumstances or evens giving rise to an increase lsXlai3:'I' IS PRO.IECI' UI~_S.'il_CIO\S AND SCHEDULES (form of) ~nNSULTIVG ENGINE' RTIFI °'~' THE UNDERSIGNED, the of duly appointed Consul[ing Engineer to the Ciry of Atlantic Beach, Florida (the "City") does hereby certify that the attached Project Draw Request of the City's Finance Director is, to the bes[ of our knowledge, true and correct. IN WITNESS WHEREOF, the undersigned has set his/her hand this day of 199_ Title: lno:oti.w)e) (Page 3, Project Draw Request) x Resolution No. of the City, which funds, together with advances available wi[h respect to such Project(s) under the Note (in accordance with Exh bi itF to the Resolution) will be adequate to complete such Project(s). 5. Funds requested hereunder are requested for payment of proper costs of the Project(s) described herein. 6. All work in respect of such Project(s) is being timely completed in accordance with the plans and specifications therefor [except 7. 77tere are no Defaults or Events of Default under the Loan Agreement. 8. 'T'here are no material defaults by the contraaors performing the construMion and installation of the Project(s). 9. Attached hereto is a duly executed certificate of the Consulting Engineer. IY ~~7TNESS WHEREOF, the undersigned has executed this Project Draw Request this day of , 199_ Finance Director (Page 2, Project Draw Request) EXHIBIT A (form of) PRO.IECT DRAW REQUEST The undersigned Fiance Director of the City of Atlantic Beach, Florida (the "City"), hereby requests an advance under the City's 510,000,000 Water and Sewer Revenue Note, Series 1993 (the "Note"; capi[alized terms used and not otherwise defined herein shall have the meanings assigned thereto in the City's Resolution No. 93-_, authorizing the issuance of [he Note), and certifies to the Bank as follows: 1. Amount of advance(s) reyuested: (a) S (b) 3 (c) b 2. Project(s) with respect to which such advance(s) aze requested and aggregate Advances with respect thereto as of the dale hereof; (a) S (b) 3 (c) 5 3. Present estimated cost to complete such Project(s), together with original estimated cost thereof as shown on Exhibit F to the Resolution: Estimated Cosl ro ComQlete Cost from Exhibit F (a) $ $ (n) S b (c) ~ S 4. Adequate advances remain available under the Note in respect of each such Project in accordance with the original estimated cost(s) thereof as set forth in Exhibit F to the Resolution. OR 4. Funds in the amount of S are available for the comoledon of the Project(s) described above from sources legally available therefore and heretofore budgeted and appropriated thereto on , 19_ by IN WITNESS WHE:2ICU ih. pa; tie+ hereto have executed and delivered this Agreement a5 of d:z day and ~car'ira abuse ~~-riven. C'I'l'1' OF ATLANTIC BEACH R~: Its Mayor ATTEST: 1;.: I;, City Manager City Clerk i! ••.R`ifSl'I' 6ANK OF JACKSONVILLE, NA (:.: APPROVED AS TO EUR`:I. SUFFICIENCY AVD CORRGC"I.a(s~: Attorney w:~o.~-.vrt i7 other right, power and remedy giccn h~ rr~i nder or under any other Loan Documents, or now or hereafter existing at law, in ayr:i:c ur by sr,,:ute. i.10 Delay or Omis.i,~n. \+, dc!:rv ur ;mission of the Bank to exercise arty right, power or remedy under any ul :!:~: t .,:m I).,r::n:ants or accruing upon any Event of Default shall exhaust or impair any such r. ~h~, p;+.c,:r or remedy or shall be construed to waive arty such Event of Defaul[ or to con,;i;r:a ac.:,iiscance therein Every right, power artd remedy given to the Bank under any of the Lum: Dott:ments may be exercised from time m lime and as often as may be Jccn:ea c.pa.lir:n br ;:+e bunk. 7.11 Nn \Voiver of Cln_1`.rl:u_I~ ~o :~~!~ct Another. No waiver of any Default or Event of Default bcrcund:r ,::~:!! :-,...: ! !:, or ;dfcc[ any subsequent Default or Event of Default or any other Defauh or f[: : n; :;!" i)ri:n:!t then existing, or impair any rights, powers or remedies consequent the rrnn. 7.12 7;tC,~a. V., ;.... .,. 1. -:m Document may be changed, waived, discharged or tennutateJ or,;!i,, ~~::,~ ;c:_~.::a:-.:a ur inaction, but only by an irutrument in writing signed be tl:c party ;+~~a~n.:::!:ic: _•:;io:;emcnt of the change, waiver, discharge or termination is soueht. 7.13 Sever;ihilito. li ::ny ,+,r:b:.a „i :u+y Loon Document is deciared void by arty court u illegal or ae:+inst pubic p:d;r:. •L~ rr:n:+inder of the Loan Document in question shall continue in i:~il ef(ce;. 7.14 l.0>IIIr DaNa_c,=~~ryi_. i:!:~.:nr.~;ipt6ytheBorrowerofevidenarCasonabiy satisfactory to it ,d the lo::, ;!:.~~.:+.:.~,, ., ...::~r mutilation of [he Note (the lost Note') and of an indemc:-: ugrecm; n; ~~;.:++::d'.. ~..:::'. d:+ctorv to the Borrower, the Borrower will make and deliver u, the f3aM a cr:~. `:•. ~.: +;i i~.~:c tanor, da[e and principal amount in lieu of the Lost Note. 7.15 Su^: `•::d oll~ 1,;. ~._~_ ~ t l;..n_: r ;in,tion of Financing Arrangement. Except as otherwise exprc„!y pnnid:;i t::: ;:+ :iV I -. r,:n Uua:ments, no termination or cancellation (regardless of c:.: <_ ur pn+:cdur:; o: u:; i:::~.r.::rg under this Agreement shall in any way affett or impair ;_: ubli~::e'un . ,:; ':..::, ~ ;~:. ifi;ias of [he Borrower or the righu of the Bank relating «. ;r.,e tr;uuccann :+: ; .... , c:urring prior to such termination All undertakings, a,°:;meni,. n:,lr:u~;iic:!::~,r.s. .:ncn;mts, warranties and represeata[ions contained in the . oan Ducun+c.~.i, ,.;d; >.::~:~ ~: ,uch termination or eanallation. This Agreement super-:!c. and rep!ac.. om. a;::ac.!ment letter relating to the Indebtedness. ;!+ The Boroower shall not bz rnudr;l to a„ign i[. rights hereunder. The Baok tnay, without the Bortower's consent, as,i;^ al; or p::rt of ds rights hereunder or grant partiripa[ions therein The Bank may tlisclu:.c to ^nc xic!~, :usignee or participant such information concerning the Borrower :o :hr Itauh do: m; :~ppropria[e. 7.04 No Third 1'~trn• I:r^~ uciay_;. 'i'ircre are no third party bene[ciaries to this Agreement or to the other Loan Uocun:en[s. 7.05 i s. A!I c~:nuu:,r.F,;::h.s, nu[ices or demands provided for hereunder or under any other Loan Doau^~ nt n. ~~ I:ic!, the Burrower is a party shall be sent by first class mail, by courier, by hant!, or ir: „_....-;i m;iil :a (allows or to such other address with [espect to any party as sucl::,::r;; .h:~.ll :.. ;;. tl:c others in writing: To the Bank: H:~.ra; :: Lank of Jacksonville, NA Su `, •,.~!: L:~ura Street L~: k,uu:,eillr. Florida 32202 \; u:: i.~orpor;ne Banking Group To the Borrower: r_i:•: ~.:.`,;h:nii•: Brach SOIi ti:;::inul,: Road :~:h:rv:~ Brach. Florida 32?33 _.._ !:~~n U. L;:inbach, City Manager Each such communication, notirr or r., c-<u+; 9:;;11 be deemed given: (i) when deposited in the mail with proper posc:g~_ aiii~„! ii .:.~! :-:c :nail; and (ii) when actually delivered to the appropriate address if sent by cuurcr o; he hand. 7.06 A~olicublr I:~~.r. ..... '•.:::--;crr:nt shall be construed and enforced in accordance with the laws u' ;h: 5::::: ui f!orida. 7.07 Iirnc. l!r_ c_-3i^:i•:~.- ~,ai:m headings herein have been inserted for convenience only and sh:dl ::~:: i,: ,':~: e::: ;o 'i~,ni[ ur otherwise affect the conswttion of any provisions hereof. 7.08 Caimer~:vn. "I tr.. '.rr. _:~.,; n; .:,: •: be executed simultaneously in several counterparts. Each caun;r:i~ar; ,I;;dl In ,,:: nr:d ;m original. 7.09 Remedies Cti~r.dati~_.> :~:: rc:hl> and remedies of the Bank hereunder and under the other Loan Daau::cni..~: r r:m:n!atir_ and in addition to any rights acd remedies which the Bank may have undo G:; !:~r„ o. Fh:rida. The Bank's exercise of atry one right or remedy against one parr !teren: -~; i!! r...: ,!eprb: r d:e Bank of arty right or remedy against that party or any other p;iri,, C;rr>.,. .`.u ~~ In. power or remedy conferred upon or reserved to the Bank undo ;:u..::r_: ;or.r. ;:: ;~:~,: other of the Loan Documents is exclusive of any other right, power or r,:ncd: h, :r.,: o: [L•; Loan Documents, but each and every such right, power and remedy shad! 6r :unuil: i?:~: an~.l concurrent and shall be in addition [o atry Agreement or any of the other Lu:m Documents [o be forthwith due and payable. Thereupon, the advances then unntandin~ and the Note, all such accrued interest and all such other Indebtedness shall become ;md he forthwith due and payable, without presentment, demand, protest ur fur[ her notice of any kind, all of which are hereby expressey waived by the Borrower, and thi li;:ni: may immediately enforce payment of all such amounts and exercise any or ;tl: ui a±. rights and remedies of the Bank under the Resolution, this Agreement :md o6:ar Lunn Documents, including without limitation the right to resort to any or all of the ~::!I: r•ral including the Pledged Revenues and the Utility System Debt Service Reserve 14in,i. and ~scrci.e :my or all of the rights of a xcured party pursuant to the laws of the State .,f :-i„ri,:a acid: respect thereto. In addition, [he Bank may, either at law or in equip, by sw:. action, m;mdamus or other proceedings, protect and enforce its rights hereunder, under Ca; Ice,olmiun and under the laws of the State of Florida (including for specific perfunuanc: ,ii cup cr.:mu ^nd fur the appointment of a receiver) and to compel the performance ui :dl ,::ni,; ui the 13orrower hereunder, under the Resolution or under the laws of the 5;:;:: u' ::or!d::, a; tlu Bank shall deem necessary. 6.03 Termin;ninnufRe•.`i~~_~:;:~.;~,--^~o:-~:\ummaticAcceleration.Notwithstanding anything herein [o the cuntran~, (,; the ISurnnccr's right, if any, to obtain any additional advances under the Note shall au!,•r;,ur:alc terminate upon the initiation by the Borrower of any proceeding under the Ped~::..'. !:aul~:n~;ncc C'ude, or upon the occurrence of a~ Event of Default described in subp;u;.-rupl~:. (g), (hj or (i) of Section 6.01, and (b) all Indebtedness shall aurom;vic:;!P: i•: :: 6:eon;e immediately due and payable upon the occurrence of any Evem of Dei:m:: r'o~rn:bad hi subparagraphs (h) or (i) of Section 6.01. Vil'1 ia.!i I'll 7.01 Exoenses. 'fh~ I;u:.. ~:•.; ~ :r.~rce~ '.:. pay, and save the Bank harmless against liability for the paymem o.::il ;..::-;d-pod:r: expenses arising in connection with this transaaion (including anv rrnc~~.:~1, ur r,u,!ilirncions relating hereto), and the fees and expenses of the Bank's cn:nr,e!: p~.~. ubc;i 1:„::c•.: r than such fees (exclusive of out-of-pocket expenses) shall not exceed S'_SJVr.~ ::: ;h; er. ro^:uc in respect of the original closing of the transanions contemplated bcrri:::a;cb.,..i~.: ui out-of-pocket expenses, which shall not exceed 51,500). If an Ercm ui Ud:u:L .i:;:ll incur, the Borrower shall also pay all of the Bank's costs of collection, iucludi::,~ an::; cox;. ;;nJ fees of attorneys and legal assistants (whether incurred in conncctica; ~.;ah iri:d ur ;appellate proceedings). The Borrower authorizes the Bank to make ad•.::::e;. under i!:c Vote to pay all such expeaus. 1.02 Survival of Rcpm_.;:,:::ii:,n. :uxl Warranties. All reprexntations and warranties contained herein or ma:': if. ,•, rit.ng by the borrower in connection herewith shall survive the execution and dcli~: crc n' the Lr,:m Uunaments. 7.03 Successrr._:r.d :\~.~_:,. :~.II eu,anan[s and agreements in this Agreement contained by or on bchali of ::ne ;,f aae ~.,aric> hereto shall bind and inure to the benefit of the respective snaessa,r.:u:J :.~-c::~ :•i the ;::vtics hereto whether so expressed or not la - (c) if the 13ornv.~:r d,liults: (i) in any payment of principal of or interest on any other obligation for bon~oweJ money beyond any period of grace provided with respect thereto or (iij in the performance or observance of any other agreement, term, or condition cont:;incJ i.; any agreement under which any such obligation is created if the elfex of such deln:at is u> cause, or permit the holder or holders of such obligation (or tna;zc on behalf of such holder or holders) to pose, such obligation to become Joe prior w it, suned maturity; or (d) if am scm~u:_nt. r,oresenrnion or wartanty made by the Bortower herein or in any writing no,r :,r h.~~rcafter Furnished in connexion with or pursuant to the Loan Documents ur in a,nnection with any audi[ shall be false in any material respex; or if ti[z 6orn,ou ,nuih or I:dl: to disclose immedia[ely any substantial contingent or liyuidamd 6::bilii ~;>. or am material adverse change in facts previously disclosed by any s[atemcnt, rcpre.emation, certificate or warranty to the Bank; or (e) if [he Burr,~~n:r Jc: iuh+ in the performance or observance of any agreement or co~en:mt ac:;ain.J in :\nide, III and IV hereof; or (f) (i) if env 1-:~ e^; ut U~.~fault occurs under any other Loan Document; or (ii) if the Borrower d:ti;ui„ in lire performance or observance of arty other agreement, covzn:un, term cr n:oditiun contained herein or in any other Loan Document and such dcf:u:!~ slinil not k;~e been remedied within the grace period therein provided or, ii n.. ~:::c; period is ,pec;ffeJ, within 30 days after written notice thereof is sent by the Il;u ~!: ;o iL~ Burr: tort: or (g) if the I:nrn,•a ~: r ;;:::'.: s ;m :.>:ignment for the benefit of creditors or is generally not paying is, ,;I:;.:::. 1:1cr i,ccomz due; or (h) if any onfcr. iu,le::;,m or Jecrze is entered under the bankruptry, reorganization, compn,.:r_: ,.r:m ~c::r_ne, insolvency, readjustment of debt, dissolution or I iy u i dat im: ; ~; ~: i ~:; ~!: r !:ra: ;:; a nv jurisdiction adjudicating the Borrower bankrupt or insolvent, ,,: (I) It IhC Burnmi r Irrlili; mo u.:,pl)hes to any tribunal for, Or COILSentS t0, the appointment o(a tru.:,;, rcr; ircr, c.:.u;dian, Iiyuidator, or similar o@icial, of the Bortower or of any sub>ru:ua! p:ui of tl:e assets of the Bortower, or commences a voluntary case under the Ir:nkr.;i~:~a• Code u( the United States or atry proceedings relating to the Bornnver un;b: r rile h:mknipicy, insolvency, or moratorium law of avy other jurisdiction, ahcd:r: nu~a~ o; hereaiszr in effect. 6.(72 m ies. If cent 16.; ~n :.t i);i:wlt sh;dl occur, the Bank may by notice to the Borrower, effexive upon disp:.aei:. J~;:;:ce a^~, ubliga[ion of the Bank to make advances under the Note to be tznnhmi:d ,.,i:r:~;,;pon t!r ,ame shall forthwith terminate, and the Bank may by notice to the Bu:;,~•~.,:r. ci?~clic, upon dispatch, declare the entire unpaid principal amount of [he ;:;iv:u:r;. ;u~; ;I:~ Xut, ti;cn outstanding, all interest accrued and unpaid thereon and all other I::;Izh!r;!nrs of the Borrower to the Bank under this Borrower, that: (a) the Burrower due, nut intend to incur, and does not believe artd haz no reason to believe that it will incur, debts beyond its ability to pay az they become due; (b) the sum of the Borrower's asseu is greater than all of the Borrower's liabilities at a fair valuation; (c) the Borrower has sufficient cash Oow to enable it to pay its debts az they become due; and (d) the Borro~rer doe, nut have unreasonably s.'rta11 ppital to eerty on its business az theretofore operated ::nd a!I businesses in which it is about to engage. 'Fair valuation" is intended to mean tit:u v;due which can be obtained if the assets are sold within a reasonable time in arm's-tenth transactions in an existing and not theoretical market 5.07 Certain Paymcm>.. ,V I paanrcnts made on the Note with respect to which any Impact Fees form a part thereof are uudc with Improvements Impact Fees, and the Bortower shall be deemed to h::ee nr,:de this representation and warranty to the Bank upon each payment made on [he Vote. 5.08 Rates. The It:ac> !inrh:Jin those applicable to non-residents of the Borrower) established by the Rae Urdin:utca wrre duly adopted in accordance with all applicable state and local Imts, much hate O«linance has not been modified amended replaced, rescinded or challaner,l.:u:d 6 in full force and effect. 5.09 Improvements. The design. ;icyuisition and construction of the Improvements have been duly authorized in accurd:mrr ~~;th ;dl applicable s[ace and local laws (including, without limitation, Chapter 1SO, f:or.: ^ Scuuces). \iCl'ICLB \'1 If\:~: \'1 :ti OF UGPAUI,T 6.01 Events of Default. !I :rL of ;I~e following events shall constitute an 'Event of Default" hereunder: (a) if the 15urroo,•r dei::uhs in the payment of any principal, interest or other amount under dte \:nc ~~ hen the s:une shall become due, either by the terms thereof or othenvisc ;:, pm~: u'~: i:arcin, or if the Borrower defaults in the payment of installments due in r.pe~; of :!:: L;ti!itr Svstem Debt Service Reserve Fund when the same shall become due a~ pr~~ided ir. the Resolution; or (b) if the Borru~.~~_r Urti::da ir. the due and punctual performance of atry other of the covenam.. conditione, agreements and provisions contained in the Resolution on its part w h~~ pe: i:~nned. and such default continues for a period of thirty (30) days after written nuti~e of such default shall have been received from the Bank. Notwithstandine the iUre~,oin4, the borrower shall not bC deemed in default hereunder if such tleLndt ca•t b; c.red within a reasonable period of time and it the Bortower in good faith inc!i!ut"•. ruruice action and diligently pursues such action until the default ha> been amrr!: d. 1_' R'I'ICLE V REPRESG C'1'~\'I'IOYS AYt WARRANTI The Borrower represens :unl w,rr anC+, ;md so long as this Agreement is in effect or any part of the Indebtedness remain; unp;)id, shall continue to represent and warrant at all times, that: 5.01 Authority to Esc •ut • •, t I Deliver Loan non m nt • Bindin¢ Effe 'Ibe Borrower is a municipal corpor:niun :md a pulmcal subdivision of the State of Florida, created and existing pursuant ro tim Con,timtion and laws of the State. Pursuant to the Ac[ and other applicable provisions ni I:m. the Borrower is authorized ro enter into the transactions contemplated ny [hc Resolution, this Agreement and the other Loaa Documents and to carry out iu oblie:uiuns under the Resolution, this Agreement and the other Loan Documents to ,.hid: is i; :, p;un~. The Borrower has duly authorized the execution and delivery of thi. Agr~xmn-.t and the other Loan Documents to which it is a party by its Mayor and City V;u:;:ear b~; ;:II necessary action, and the execution and delivery of this Agreement and the under Luun U„cuments to which it is a party will not contravene any provision of law or an} jutierte,a. ualar u:' decree naming the Borrower and to which the Borrower is a party, or comtit:ne ;, breach or default under any contract, agreement or other instrument to which the Borru,,, r is a party. The Loan Documents to which the Bortower is or will be a party when csor;rad and delivered will be legal, valid and binding obligations of the Borrower, eniorce;,ble in accordance with their respective terms aad provisions. 5.02 1"~dged Rev •~u~ •:. Gcccpd :br ;hc pledge in respect of the Prior Bonds, which shalt be defeased with adc:u:ces um!rr dn• Refunding Facility, the Borrower haz not and will not pledge any of the Pledged Revenue; accept as provided in the Resolution and herein. 5.03 Legal or Admir,isir,Ga• I'rorxdinvs. There are no actions, suits, investigations or proceedin,: by :utv person ur entity pending or threatened against the Borrower or to which it is ;: p:v;c i,,,ul,:ng the possibility of any judgment or liability in excess of S in the ae_•rc:_;na mn Iulh• covered by insurance or by adequate reserves set up on the books of the Borru„tr. 5.04 )~Ij. 7hr:e cvias ::, ,:: the date hereof no Default ar Event of Default 5.05 Financial Senn, , •rl.. 'fi;r I3orn,wer has heretofore made available to the Bank financial statemems in resprc! of tide Burrower [and the consolidated Utility System) as of and for the fiscal year andin_ Scpia;nher i0. 1192. Those financial statements favly present the financial condition ui tL_~ liorrumcr ;mtl of the Utiliry System and the results of operations as of the dates t~crcof. Sine; September 30, 1992, there has been no material adverse change in the assea or [hc Bn:uaial condition of the Utility System or of the Borrower from that set G)r:h ur rr0,ctui in the financial statemenu az of that date. 5.06 Iv n ARer givin_ eiG:n to the full funding of the loans otntemplated herein, the Borrower is suD:en;. 'Su!rcnt" si~.atl mean. when used with respect to the (i) acceler,tion of such addi[ional indebtedness shall be an event of default under the Xutr::md (ii) the subordination provisions of such indebtedness shall be acceptable to the 6:m k. (c) For the purposes hereof, the term "Debt Servitt Coverage Ratio'shall mean the ratio of the Net Revenues to [he'Total Debt Service" of the Utility System For such purpose, the Gros, Itccenues of the Utility System may be adjusted by the independent certified public accountant upon the written advice of the Bortower's consulting engineers, :It the opliun of the Borrower, to reflect (ij if the Borrower, prior to the issuance of iu:b addi:6mal indebtedness, shall have increased water and sewer service charges, thr Gn„s Kevenues for the applicable 12-month period tray be adjusted to show the Gross Revenues which would have been derived if such increased water and se,cer service charves had been in effett during the enure 12- month period, (ii) i( the lturn,wer, prior to the issuance of the additional indebtedness, shall have aaiu:red ur contracted to acquire a water or sewer system the cost of which x"1!I be u:ud In,m all or part of the proceeds of such additional indebtedness, then the Gnx, Rc, ~ noes maybe adjusted to reflect the revenues which would have been derived inuu taro ,va[cr and sewer utility system to be acquired as if such existing system had inen :: pan of the Utility System during such 12-month period, (iii) if the Burnncer ~,~ill be constructing or acquiring exteasioas or improvements to the Uility System from the proceeds of such additional indebtedness and has esclblished rates by official attion to be charged and collected from the users of such facilitic,, such Gross Revenues may be adjusted to reflect the revenues estimated by th;: consulting engineers to be derived during the first 12 mon[hs of operation after cnmp'etion of the construction or acquisition of such extensions or improocn:cno. "final Debt Service" shall mean the total amount of regularly scheduled intere~; p;nable, plus regularly scheduled principal payable, in respect of all obliemiun> :.,r bl,r«,wed money relating to the Utility System or payable from and secured 'vy ;I ;i:n (or proposed lien) on the Pledged Revenues, including for the purpose. ixrui. ull regularly scheduled interes[ and principal in respect of the proposed a,ld;:ioe:~, indebtedness. For the purposes hereof interest payable with respect n, c;:rc:bie r:, ., indebtedness shall be deemed to be equal to the amount payable thercundcr ::,sinning that the applicable interest rate for the calculation pericxl were eyu;d u. I I~r/r of [he average interest rate that was (or would have been) applicable m .ech indebtedness over the [twelve] month period preceding the date of prep:uanion of the certificate referted to in subparagraph (b) above. '• ~ _ principal amount of thz Pullmiun Control Bonds to be redeemed), plus accrued interest to the redemption date. AILTICLE !Y N[•;CATI VF. r'OVFNANTc The Borrower covenants :md aerecs it will not take any of the following actions from the date hereof: 4.01 Liens• The Bornnccr gill not create, incur, assume or suffer to exist arty mortgage, pledge, lien, charge or other encumbrance of any nature whatsoever on arty Utility System properties or equipment, whether now or hereafter owned, or eater into or suffer to exist any sale/leaseback, cundition:d sales contracts or other title retention agreements in respect theren(. 4.02 Sale or Pledge of 1'ruu •rv. The Borrower will rtot sell, leaze or otherwise dispose of or transfer any of its intersis in any Utility System properties or equipment, except obsolete or replaced eyuipman in the ordinary course of business. 4.03 Addih__~1 Deht The Bur; ewer shall not secure additional indebtedness with a lien on [he Pledged Revenue: ur !ire Utility System Debt Service Reserve Fund; provided however, that the Borrower m:n~ secure additional indebtedness with a lien on the Pledged Revenues if the Borrower give, wrincn notice thereof to the Bank at least 30 days prior to such event and if: (a) in the cast ihnt tl;r Gen o(such additional indebtedness is on a parity with the Bank's lien, then: (i) acceizraium of such additional indebtedness is an event of default under the \uie: and (ii) thcBurrui~e:sh;dlhaveobtainedacertificateofanindependent certified public accuumam to the effect that [he Net Revenues of the Utility System for the inmmdcae:i preceding fiscal year or the immediately preceding twelve (12) conunnicc months, adjusted as hereinafter provided, would have been sufficient to proride :. "Debt Service Coverage Ratio' for the aggregate Utility System irdebicdness of at least 1.20 to 1.00, assuttting that [he maximum annum debt s.nice for the additional indebtedness was included in the indebtedness rel; ring to the Utility System; or (b) in the case thoi the lien of such additional indebtedness is subordinate to the Bank's lien, then: _q_ source, sludge disposal, etc.), as well as addressing environmental and permitting requirements and the status of the Borrower's compliance with alt existing laws, regulations, rules and permits. The Financial Feasibility Study shall present the financial and operational results and foreruts of the Utility System on a consolidated basis. The Borrower shall also engage a Consulting Engineer acceptable to the Bank to act as construction manager for those portion, of the Project as the Bank shalt require. All such professional consultants shall be engaged by the Borrower, and the Borrower shall provide copies of their reports and memoranda nt [he Bank. 3.17 Further Assurmces. If at any time counsel for the Bank ~ of the reasonable opinion that any portion of the Indebtedness is not secured or will or may not be secured by a first priority lien and pledge upuu fife Pledged Revenues and the Utility System Debt Service Re<_erve Fund, as set hmh in the Resolmion, except to the extent that the Pollution Control Bonds have not been deira,eJ, :~., described in Section 2.01(j), then the Borrower shall, after written notice of such opinion from the Bunk, do all things and matters necessary to assure to the reasonable s;uixiactior, of counsel for the Bank that any part of the Indebtedness then existing ur thereafter m he created is secured or will be so secured. 3.1$ R n in . (a) Effective upon ;utd subject to the execution and delivery of the Escrow Agreement relating «t thr Oak I-I:ubor I3ond, the Borrower (i) dces hereby call the Oak Harbor Bond in e~hnle for rr.l_mption on March 1, 1994, at a redemption price of par plus accrued intere,t to the redemption date, and (ii) dces hereby give irrevocable instructions to the pa,ing agent for the Oak Harbor bond to give notice of such call for redemption in the manner provided in the Borrower's Ordinance No. 80.88-37, which authorirx ihr i.:..:ance of the Oak Harbor Bond. (b) Effective upon ;cod subiect ut the execution and delivery of the Escrow Agreement relating to the 13uccanecr Bond, the Borrower (i) dces hereby call the Buccaneer Bond in whole fur rcde:nption on hfay 15, 1994, at a redemption price of par plus accrued interest ut tl:e redemption date, and (ii) dces hereby give irrevocable instructions m the p;r. ing agent for the Buccaneer Bond to give notice of such call for redemption in the runner provided in the Borrower's Ordinanx No. 80.85.26, which authorized ;he iswnnce of the Buccaneer Bond. (c) Effective upon ;cod .abject « t the execution and delivery of the Escrow Agreement relating to the 1'ullution Control Bonds, the Borrower (i) dces hereby provide for the prepayment :cod defeos;cove of its obligations under that certain Loan Agreement among the Scue of Florida Department of Environmental Regulation, the Division of Bond Finance ni the State of Florida Depanment o[General Services and the Borrower relating to the Pollution Control Bonds, and (ii) dces hereby give irrevocable instruments to the State A_encies (as defined in said Loan AgreemenQ to call the Pollution Gminrl 13unJs maturing after July 1, 1996, for redemption on July 1, 1996, at a reaemp!inn price u( 1029c (expressed as a percentage of the 4- - - -.~~:.~.s to the Bank. The Borrower shall, «, the extent funds are not timely available to rnmplete all of the Projects in accordance wilt arch schedules, provide to the Bank a revised schedule and budget for completion of those Projects for which financing is available, together with a repott of the Consultant Engineer reg:vding the feasibility of the revised Project schedule. 3.12. Operation soda and M~int•n~mce The Borrower will maintain or cause to be maintained the Utility System and all portions thereof in good condition and will operate or cause to be operated the same in an efficient and economical manner, making or posing to be made such expenditures for equipment and for renewals, repairs and replacemen*s as may be proper for the economical operation and maintenance thereof. 3.13. Books and Reconl . "I~he Borrower shat! keep books, records and accounts of the operation of the Utility Sy:uent. and of [he Cross Revenues and Operating Expenses, and the Holder of the Note or the duly authorized representatives thereof shall have the right at all reasonable times «t in,peci ;ill books, records and accounts of the Borrower relating thereto. 3.14 ss. The bank (by anv o(its officers, employees or agents) shall have the right, exercisable as frequently as the Bank reasonably determines to be appropriate, to inspect, audit and make extracts from all of the records, files and books of account of the Borrower, All costs, fees and espenus incurred by the Bank, or for which the Bank has become obligated, in connection with :nw such inspection, audit and verifiption shall be payable by the Borrower to the B:mk. l'he Borrower shall instruct its banking and other financial institutions to make :rv;iilablc to the Bank such information and records as the Bank may request. The Bank shall 6:a•c [he right, at all reasonable times, to enter and examine and inspect the Projecs (by and through its agents or employees). The Bank shag be given advance notice of, and shall h:rve the opportunity to attend (by and though iu agents or employees) meetings of the Borrower's staff or consultant engineers or contrac.ors at which substantive and materi;d manerti refining to the scheduling, costs and construction of or changes to, the Projects will ba cun+idered. pay reviews or approvals by the Bank will be for the benefit of the Bank and not the Burrower or any other person. The Bank has no liability for any defects includinc but nut limited to, structur;il or material defects in the Project. 3.15 Compliance with R ~ lut~un •md Other t n n D timely comply with all terms, conditions and prv:isions of the Resolution, this Agreement and the other Loan Documenu. 3.16 Professional C~~n -ulhm . The Borrower shall en a e Consultin En and certified public accountants acccp:able to the Bank g g g gineers feasibility study (the "En ineerine (i) to prepare an engineeripg Borrower- g Pcuiitiliry Study") [and (ii) to prepare (or review the prepared) forecasts pl' 1'Iedged Itevenucs, Project costs and debt service coverage (the'Financiai Feasibility Study), respectively.] The Engineering Feasibility Study shall include a description of existing &icilitics, proposed Project improvements and costs, affected service areas and capacities re!ati~e to forecasted demand (including, without litttitauoq capacities under any required xrmia and intergovernmental or private contracts for water 7- 3.05 Use of Proceeds Thz funds burrowed under the Note shall be used solely for the purpose for which [hey are advanced under this Agreement. 3.06 Tax Covenants. The Burrower covenants that it (i) will not use ffie proceeds of the Note in any manner which would cause the interest on the Note to be or become includable in the gross income of the owner thereof for federal income tax purposes or cause the No[e not to be a "qualified tax-exempt obligation" (as defined in the Code), (ii) will not do any act or fail to do any act which would cause the interest on the Note to become includable in the gross income of the owner thereof for federal income tax purposes or cause the Note not to be yualitied tax exempt obligations, and (iii) will comply with all provisions of the Code necessary at maintain the exclusion of interest on the Note from the gross income of the owner thereof fur federal income tax purposes, including, in particular, the payment of any amount reyuird w be rebated to the United States Treasury pursuar[t to the Code. The Borrower shall determine any rebate to the United States Treasury which is required by Section 148 of the ('ode. Flowever, if the Borrower fails, in the Bank's judgment, to properly determine wch reb:ne amount then the Bank may, at the Bortower's expense, hire counsel, accoumanu or experts which the Bank, in its sole discretion, determines advisable to determine the ;unuunt, due dates and any other rebate requirements and the Borrower shall remit such rch:nc :muwrt to the federal government not later than the due date thereof. The Burk trill nut be liable for any failure to comply with Section 148 of the Code. 3.07 Notice of Litigation. I'nunpdy after the commencement thereof, the Bortower shall furnish the Bank notice of cell actions, suits and proceedings before any court or governmental department, commision, board, bureau, agency or instrumentality, domestic or foreign, affecting the Borrower. 3.08 Other Events. 7-he Burru~~er shall promptly notify the Bank of any default under or violation of any materi;a agrcentent, law or regulation to which the Bortower is a party or by which it is bound. Tile Borrower shall promptly perform all of its obligations under any agreements to which it is ;. party and shall use its best efforts [o ensure compliance by other parties with .uch agreements. 3.09 Compliance with La~~-.~ Pe•mits. The Borrower shall comply at all times with all statutes, regulations, orders and judements to which it i; subject. The Borrower shall timely obtain all necessary permits and approvals reyuired for the completion of the Project The Borrower shall comply with all federal, state and la:al laws applicable to the Projects and the Utility System, including all conditions of applicable permits, licenses and interloeal agreements related thereto. 3.10 Project Descri to ion. 'fire Burrower has provided a detailed description of each of the Projecu, together with projected commencement and completion schedules, which is attached hereto as xhi i[ B. 3.11 Completion of Prniecn. ~I"hc Borrower shall diligently and faithfully pursue the completion of each of the Projects in accordance with the schedules therefor provided G- (c) With each delivery required under subparagraph (a) above, compliance certificates in form approved by the Bank executed by (i) an executive officer of the Borzower demonstranng compliance with the Loan Documents, and (tT) the independent public accounting firm retained by the Borrower stating that during the course of their preparation of thz financial statements of the Borrower, notf~ng came to their attention which led them to believe that the Borzower was in default under the Loan Documents (or the nature of any such default). (d) Promptly upon dte occurrence of any Default or Event of Default, a notice thereof, specifying the nature thereof; and promptly upon the occurrence of any event or discovery of any fact which might affect or indicate a material adverse change in the Borrower's financia! condition, nctice thereof specifying the nature thereof. (z) At least one d:n prior m the beginning of each fiscal year of the Borrower, the cenifieJ Anna:d Budget. (f) Such other material information az the Bank may from time to fime reasonably request. 3.02 Financial Inform•ninn. t\II financial information submitted by the Borrower hereunder shall be prepared in accordance with accepted accounting principles applipble to municipal water and sewer utility syscems on a basis consistently applied. The Borrower will maintain books of account in respect of i[5 Utility System in accordance with such accounting principles. The books of account shall disclose the information necessary for determining whether the Borrower ha. satisfied [he provisions and requirements of this Agreement and the other Loan Documents. 3.03 Taxes and Other Ch~n.~ ~.. 'fhe Burrower will pay and discharge or pose to be paid and discharged all taxes. charves, liabilities or claims of any type at any time assessed against or incurred by the Borrower, or which could become a lien against the Borzower or any of its properties. \oilting in this subsection shall require the payment of any such sum if the Borrower prompdv notices [he Bank and by appropriate proceedings contests the same in good faith. 3.04 n r n The Borrower will maintain adequate insurance for iu Utility System with responsible insurers with coverage normally obtained by municipalities in respen of water and sewer systems similar to that of the Borrower but covering at leazt: (i) damage to physical property from fire, storms, and other hazards for the full insurable value of such property; and (ii) !iabiliry un accoun[ of injury to persons. If requested by the Banlc, the Borrower will provide the B;mk, within ninety (90) days aher the end of each of its fispl years, a certificate of the Borrower specifying the types and amounts of insurance :n force and the insurers of each risk covered by such insurance. Upon the occurrence of any casualty loss to the Utility System, the borrower shall utilize insurance proceeds to repair and restore to service such (acilides as promptly az practipble. c (i) In respect of advances under the Refunding Faciliry, the Bank shall have received wri[[en funding instructions from the escrow agent trader the applicable Escrow Agreement, at least [one] business day in advance. (j) In respect of advances under the Project Faciliry: (i) all of the prior Bonds shall have been defcased, unless the Bank and the Borrower shall agree otherwise in writing; (ii) the Bank shall have received an opinion of special counsel to the Borrower to such effect and to the effect that the lien upon the Pledged Revenues (or a portion thereoQ or other property of the Borrower in respell of all of the Prior Bonds is released in full; (iii) the Bank shall have received and accepted (1) a fixed price construc[iun cuntrac[ in respect of the work to be financed with such advance, between the Borrower and a contractor acceptable to the Bank, (2) a project schedule, (3) payment :md performance bonds, (4) plans and specifications in respect of the work to be financed with such advance, (5) the Engineering Feasibility Study (define) below), and [(6) the Financial Feasibility Study (defined below)]; and (iv) the 6orrotver sh:dl have retained a professional consulting firm, acceptable to the Bank, m act as cons[ruc[ion manager for such portions of the Projen az the Bank shall require. 2.02 Oth r Do men[ -. The Bank shall have received on or before the date hereof or the date of any advance hereunder wch other documents or items az the Bank may reasonably request. AK'fICLE 111 APFIRy14TIVE COVpnlq~l'f~ The Borrower covenants antl asrecs that from the date hereof: 3.01 Financial Statements of th ~ Borrctwer. The Borrowe: will deliver to the Bank the following: (a) Within one hundred [wenty (120) days after the end of each fiscal year of the Borrower, the Borrower's financial statements (including operating results and fund balances of the Utility S stem on a consolidated basis) az of the end of and for such fiscal year of the Borrower in reasonable detail, setting forth in comparative form the corresponding figures for that date and period and for the rnrtesponding date and period in the preceding fiscal year, certified by independent certified public accountants of recognized standing selected by [he Borrower and acceptable to the Bank, whose certificate shall be satisfactory to the Bank in scope and substance. (b) Promptly upon receipt thereof, copies of all other detailed reports (if any) (including, without limitation, any management letters) submitted to the Borrower by independen[ certified public accountants in connettion with each annual or interim audit or review of the books of the Borrower by such accountants. 4- ARTICLE II CONDITIONS 2.01 Conditions in Advances. The obligation of the Batilc to [Hake advances hereunder or under the Note on or after the date hereof is subject, without limitation, to satisfaction of the following conditions precedent: (a) The Borrower's reprzsentations and warranties set forth in the Resolution and in the Loan Documents shall be true and correct on and as of the date hereof and on and as of thz date of each such advance. (b) On the date hereof and on the date of each such advance, the Borrower sha!1 be in compliance with all the terms and provisions set forth in this Agreement on ics part to be observed or performed, and no Default or Event of Default shall have occurred. For purposzs of this Agreement, "Default" shall mean any Event of Default set forth in r\nide VI hereof whether or not any requirement for notice or lapse of time in connection with such event has been satisfied- (c) The Bank shall have received on or before the date hereof and the date of each such advance in form reasonably satisfactory to i[: (i) the duly executed Loan Documents; (ii) certified copies of the Resolution and of Resolution No. of the Borrower; (iii) certificatzs of officers of the Borrower in respect of Roject approvals, compliance with laws and other matters as the Bank shall require; and (iv) such other duly executed and dzlivered dosing documents as the Bank shall require. (d) The Bank shall have received on or before the date hereof. (i) from attorneys for the Borrower accepc~.ble to the Bank, opinions addressed to the Bank in form and substance satis(acutrv ut the Bank, and {ii) from attorneys for the Bank, an opituon regarding the ta.e-zxempt status of the Note, in form and substance satisfactory to the Bank and the Borrower, which shall also be addressed to the Borrower. (e) The Bank shall have received the then-current Annual Budget and fittandal statements regarding the consolidated operating results and fund balances of the Utility System, in form and substance satisfactory to the Bank (f) The Utility Sy;ctem Debt Service Reserve Fund shall have been established, and all then-required installment amounts in respett thereof shall have been deposited therein. (g) The Utility System Revenue Fund shall have been established [ice the books and records of the Borrower], and the Borrower shall be depositing [and accounting for] all Gross Revenues therein. (h) The Utility System Restricted Reserve Fund shall Gave been established, and the Borrower shall be Depositing all required amounts therein- -3- respect of each of the Oak Harbor Bonds, Buccaneer Bonds and Pollution Convol Bonds, pursuant to which advances under the Refunding Facility shall be used to purchase Federal Securities or other Authorized Investments sufficient to defense the entire outstanding amount of each of such issues of Prior Bonds, together with (ti) an opinion of counsel to the Borrower, in form and substance satisfactory to the Bank, that upon each advance of funds under the Refunding Facility and deposit of such funds under the Escrow Agreements, the applicable Bonds are defeased and the lien upon property and revenues of [he Borrower in favor of the holders thereof is thereby released. (e) Advances in respect of the Project Facility shall be available upon receipt by the Bank of, among other things as set forth herein, a duly executed and completed Project Draw Request in the form set forth in xhi i A hereto, together with the certificate of the Boratwe:'s Consulting Engineer supervising the works in respect of which such advance is requested and the certificate of the Borrower's Finance Director, as describe) in the Project Draw Request. (fj Advances in respect of the Issuance Cost Facility shall be made at the closing of the transaction contemplated herein, in accordance with the executed Closing Statement of the Bank and the Borrower, dated as of the date hereof. 1.02 Nature of Obliguions. The Note, [he interest thereon and other amounts payable hereunder by the Borrower do not and shall not constitute a general indebtedness of the Bovower within the me:wing of any consritutional provision or statutory limitation but shall be payable solely from the moneys and sources pledged in the Resolution and other legally available non-ad valorem revenues and funds of the Borrower. Neither the faith and credit nor the ad valorem taxing power of the Borrower, the State of Florida or any political subdivision thereof is pledge) [n [he payment of the principal of or interest on the Note or other costs incidental ro the Note. 1.03 Sswrity for the Indebtedn cc Oth r Do um nt . The indebtedness now or hereafter evidenced by the Note ([he "IndebteJness")shall be secured as a first priority lien upon and pledge of the Pledged Revenues and the Utility System Debt Service Reserve Fund, as provided in the Resolution. The Borrower shall execute, deliver and cause to be filed or recorded such financine statements and other documents as the Bank may reasonably request [o perfect and continue perfection of the Bank's lien on the Pledged Revenues and the Utility System Debt Service Reserve Fund. In addition, the Bovower shall execute a Waiver o(Jury Trial (as amended from time to time, [he 'Waiver of Jury Trial") in form satisfactory to the Bank. 1.04 Credit Facilities Fee. 7~he Borrower shall pay [o the Bank anon-refundable facility fee of 525,000 on the closing hereof for establishing the credit farilities provided hereunder. -~- ..-~.. . ... .. _..~._..__ ~s LOAR AGREEMENT THIS AGREEMENT is made us of the ls[ day of July, 1993, between the City of Atlantic Beach, Florida, a municipal corporation and political subdivision of the State of Florida (the "Borrower"), and Barnett Bank of Jacksonville, N.A (the 'Bank'). RECITALS WHEREAS, pursuant to Resolution No. ,adopted June 28, 1993 by the City Commission of the Ciry of Atlantic beach, Florida (as amended, modified or supplemented from time to time the "Resolution"; capitalized terms used and not otherwise defined herein shall have the meanings assigned thereto in the Resolution), the Borrower has authorized the issuance of the Note and the credit facilities provided; NOW, THEREFORE, for ;nod and valuable consideration, the parties agree as follows: ARTICLE I BORRO\1'1NG AND PAYMENT 1.01 Credit Facilities Under the No (a) The Borrower shall, nn and after the date hereof 2nd on the terms set forth herein, be entitled to borrow from the Bank an amount not to exceed E10,000,000.00 in aggregate princip:d amount. This indebtedness shall be evidenced by the Noce. No advances under [he Note or hereunder shall be made after July 1, 1996. Amounts repaid under the Nore may not be reborrowed. (b) The Note shall bear interest at the rate set forth Therein and shall be payable as set forth therein. (c) In accordance with the Resolution, the Borrower shall be entided to obtain advances under the Rote solely for: (i) the defeasance and redemption of the Oak Harbor Bonds, the Buccaneer bonds and [he Pollution Control Bonds, including principal, accrued interest and redemption premium, if any (the'Refunding Fadlityj'); (ii) the payment of the costs and expenses of the Project, including design, engineering, permitting, acquisition, installs!ion, construction, testing and landscaping associated therewith (the "Project Facility");and (iii) the payment of the dosing costs of this transaction (the "Issuance Cost Facility"). (d) Advances in respect of the Refunding Facility shall be available upon receipt by the Bank of, upon amemg other items as set forth herein, (i) duly exeated and delivered Escrow Agreements, in form and substance acceptable to the Bank, in EXHIBIT LILT EXHIBIT PSLUMENT A Water and Sewer Utility Improvements B Loan Agreement C Note I) Waiver of Jury Trial E Esaow Agreement (form of) F Use of Funds Schedule -17- ~,.~.. - PASSED, APPROVED AND ADOPTED this day of , 1993. CfTY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA (OFFICIAL SEAL) By; Its Mayor-Comm)sstoner ATTEST: City Clerk PB:Peso~R.b 16- officer, employee or agent of the Ciry in his or her individual capacity, and none of the Foregoing persons nor any o[ficer of the Ciry executing the Note, or any certificate or other instrument to be executed in connection with the issuance of the Note, shall be liable personally thereon or be subject to any personal liability or accountability by reason of the execution or delivery thereof. Section 6.03 No Third Parrv B ~ ' .Except such other Persons az may be expressly described herein or in [he Note, nothing in this Resolution, or in the Note, expressed or implied, is intended or;hall be construed to confer upon any Person other than the Ciry and the Holder any right, remedy or claim, legal or equi[able, under and by reason of this Resolution or any provision hereof, or of the Note, all provision hereof and thereof being intended to be and being for the sole and exclusive bencfit of the City and the Persons who shall from time to time be the Holder. Section 6.04. Severabiliry of Invalid Pr~ryc. If any nne or more of the covenants, agreements or provisions of this Resolution shall be held contrary to any express provision of lain or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reazon whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof, of the Note issued hereunder or of the other Loan Documents. Section 6.05. Renealoflncon iver,raP~,.t. tin .All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. Section 6.06. Amendment M ific n ~. The Ciry hereby covenants, for the benefit of the Holder of [he Note from time to time, that this Resolution shall not be amended, modified, supplemented, revoked, repealed or rescinded without the prior written consent of the Holder of the Note. Section 6.07. Elecr'on for Bank-iM~~g~:..- The City hereby designates the vote az a "qualified tax-exempt obligation" under Section 265(b)(3) of the Code. Section 6.08. Regi [ration. The Note shall be registered on the books of the Registrar relating thereto in the name of the Bank, and thereafter in the [tame of the successor transferees thereof upon surrender by the Bank or any such successive vansferee of the Note, together with a written instrument of transfer in form satisfactory to the Registrar. The Ciry may treat the registered owner az the absolute owner of the Note for all purposes. Section 6.09. Headings not Pa__ ~I He•°^r The headings preceding the several articles and sections hereof shall be solely for convenience of reference and shall not constitute a part of this Resolution or affect its meaning, cons ruction or effect. Section 6.10. Effective Date. This Resolution shall take effect immediately upon its adoption. -15- in detail the purpose of and necessity for such increased expenditures, and (B) until the Ciry Commission shall have approved such [finding and recommendation by resolution. Section 5.04. Rates ('ollenion. The City shall fix, establish, maintain and wllect such Rates and revise the same from time to time, whenever necessary, in accordance with all State and Local laws, as vrill always provide in each Fiscal Year Gross Revenues adequate at all times to pay in each Fiscal Year at least one hundred ten percent (110 %) of the sum of (i) the annual Debt Service Requirement in such Fiscal Yeaz for the Note and all other indebtedness payable from or secured by the revenues of the Utility System, plus (ii) the annual Operating Expenses for the Utility System as shown in the Annual Budget for such Fiscal Year. The City further covenants to enforce collection of all Utility System charges and fees in accordance with all applicable local laws. The City shall not provide the services of the Utility System m any Person at reduced rates or free of charge. Section 5.05. No Im airment. The City will not enter into any contract or contracts, nor take any action, the results of which might materially impair the rights of the Noteholder, including with respect to the lien upon and pledge of Pledged Revenues and Utility System Debt Service Reserve Fund (except as expressly permitted herein or in the Loan Documents), and will not permit the operation of any competing water or sewer service facilities within its jurisdiction. ARTICLE V! MISCELLANEOI[c Section 6.01. General Au horitr PrereaL'c'r Performed . The members of the Governing Body and the Cny's ofhcers, attorneys and other agents and employees are hereby authorized to do all acts reyuired of them by [his Resolution or the Loan Documents, or desirable or consistent with the requirements hereof or of the Loan Documents for the full, punctual and complete performance of all of the terms, covenants and agreements contained in the Loan Documents and this Resolution, and they are hereby authorized to execute and deliver all documents and take any other actions which shall be reyuired by counsel to the City or the Bank to effectuate the issuance of the Note. A;I acts, conditions and things relating to the passage of this Resolution, the issuance and performance of the Note, and the design, acquisition and construction of the Improvement' reyuired by the Constitution or laws of the State to happen, exist and be performed precedent to and in the passage of this Resolution, the issuance and performance of the Note, and the design, acquisition and construction of the Improvements, have happened, exist and have been performed as required. Section 6.02. No Personal i~bility. No representation, statement, covenant, warramy, stipulation, obligation or zgreement herein contained, or contained in the Note, or in any certificate or other instrument to be executed on behalf of the City in connection with the issuance of the Note, shall be deemed to be a representation, statement, covenant, warranty, stipulation, obligation or agreement of any member of the Governing Body, 14- System Debt Service Reserve Fund do not exceed the Maximum Reserve Fund Requirement) shall be retained in such respective fund or account. Ail investments shall be valued at cost, except that investments in the Utility System Debt Service Reserve Fund or the Utility System Restricted Reserve Fund having a maturity of longer than one year shalt be valued at fair market value and marked io market annually. Nothing contained in this Resolution shall prevent any Authorized Investments acquired as investments of or security for funds held under this Resolution from being issued or held in book-entry form on the books of the Department of the Treasury of the United States. Section 4.05 Other Fu__ nd 'yattgri. The designation and establishment of the various funds in and by this Resolution shall not be construed to require the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but ra[her is intended solely [o constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as herein provided. All funds and accounts established hereunder may be held in interest-bearing accounts, at [he option of the City. ARTTCLE V COVENAN,T~ Section 5.01. al. In addition to all of the other covenants of the City contained in this Resolution, the City hereby covenants with each and every successive Holder of [he Note to keep and perform each and every one of the covenants contained in this Article V and in the Loan Documents, and to fully comply with all of the terms and obligations, contained in the Note and the Loan Documents. Section 5.02. Budget and Aoproori r .The Ciry shall appropriate in its annual budget, from legally available non-ad valorem funds, in each Fiscal Year, amounts necessary to pay all Debt Service Requirements due on the Note in such year in the event that the Pledged Revenues are insufficient therefor. This covenant to budget and appropriate shall be cumulative to the extent such Debt Service Requirements are not paid in any Fiscal Year and shall continue until such non-ad valorem funds or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid to the Noteholder. Notwithstanding the foregoing, the Ciry does not covenant to maintain any services or programs (except as expressly set forth herein with respect to the Utility System), which generate non-ad valorem funds. Section 5.03. Annual ud et. The Ciry shall annually prepare and adopt, prior to the beeinning of each Fisca! Year, an Annual Budget in accordance with applicable law. No expenditure for the Utility System shall be made in any Fiscal Year in excess of the amount provided therefor in the Annual Budget (A) without 2 written finding and recommendation by an Authuriud Officer, which finding and recommendation shall state 13- (B) Debt Service. Next, the Ciry shall disburse funds from the Utility System Revenue Fund as required (together with available Improvements Impact Fees as provided in Section 4.03 hereof) to pay Debt Service Requirements of the Note az and when due. (C) ili vs~m Debt Service Reserve Fund. Nezt, the Ciry shall deposit into the Utility System Debt Service Reserve Fund such sums az are required to maintain compliance with Section 4.01 hereof. (D) Restricted R srrv Fund. Next, in each Fiscal Year, the City shall deposit into the Utility System Restricted Reserve Fund, an amount equal to 10% of [he sum of the Operating Expenses plus the Debt Service Requirement in such Fiscal Year of the Note for such Fispl Year and other indebtedness related to, or payable from the revenues ef, the Utility System, less the amount deposited under paragraph (C) above in such Fiscal Year. (E) Surplus :lonevs. The balance of any moneys remaining in the Utility System Revenue Fund after the payments and deposits required by pan (A) through (D) of this Section 4.02 may be transferred, at the discretion of the City, to any other appropriate fund or account of the Ciry and be used by the Ciry for any lawful purpose, including, but not limited to, prepayment of the Note or the payment of [he principal of, premium, if any, and interest on any Additional Non-Parity Indebtedness hereafter issued by the City. Section 4.03 Improvements Irtlpacr FnPC i:,,.,d. The City hereby establishes and shall deposit, upon receipt and determination of the amount thereof, all Improvements Impact Fees into, the Improvements Impact Fees Fund. The money in the Improvements Impact Fees Fund may be used, az available and at the option of the City, to pay Debt Service Reyuirements of the Note, and shall be so used to the extent that the Net Revenues are insufficient for such purposes at any time. Improvements Impact Fees shall be used solely for the purposes described herein and for other legal purposes for which such Impart Fees are imposed and collected. Section 4.04 jllvestmentc. Each fund and account established hereby shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on deposit in each fund and account, other than the Utility System Debt Service Reserve Fund and the Utility System Restricted Reserve Fund, may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed. Moneys on deposit in the Utility System Debt Service Reserve Fund and the Utility System Restricted Reserve Fund may be invested or reinvested in Authorized Investments which shall mature no later than five (5) years from the date of acquisition thereof. Any and al! income received from the investment of [Honeys in the Utility System Revenue Fund, the Utility System Restricted Reserve Fund and in the Utility System Debt Service Reserve Fund (to the extent such income and the other amounts in the Utility - ]2 - pledgz and lien hereby given and granted itttmediately upon the issuance and delivery of the Note, without any physical delivery by the City or any further act, and the lien of this pledge shall be valid and binding az against all parties having claittu of any kind against the City, in tort, contract or otherwise. ARTICLE IV FUNDS AND INVESTMENTS Section 4.01. D~¢-[ Service Reserve Fund Restricted Reserve Fund. The City hereby establishes with the Bank the Utility System Debt Service Reserve Fund, and hereby establishes [he Utility System Restricted Reserve Fund to be held [by an Authorized Depository] [by the Bank]. (A) Funds in [he Utility System Debt Setice Reserve Fund shall be used solely for the payment of principal of and interest on the Note and other amounts due in connection therewith when other funds of the Ciry are no[ sufficient or available therefor, and, with the consent of the No[eholder, for prepayments under the No[e. The City covenants and agrees to timely cause the amouna on deposit in the Utility System Deb[ Service Reserve Fund (including all invested funds valued az specified herein) to be at all times equal to or greater than the Reserve Fund Requirement at such time. Amounts on deposit in the Utility System Debt Service Reserve Fund in excess of 5500,000 shall be available to the Ciry az described in Section 4.02(E) below. (B) Funds deposited in the Utility System Restricted Reserve Fund may be used by the City to pay the cost of extension, improvements or additions to, or the replacement or renewal of capital assets of, or extraordinary repairs of, the Utility System; provided. however. that if other available funds are insufficient to pay when due [he Debt Service Reyuirements of the Note or other indebtedness relating to the Utility System or payable from the revenues thereof, the funds in the U[iliry System Restricted Reserve Fund shall be used by the City to pay the Debt Servirx Reyuirements of the Note or such indebtedness. Section 4.02. Gross Revenue Fund. The Ciry hereby establishes, and shall deposit all Gross Revenues (excluding Improvemenu Impact Fees) into, the U[iliry System Revenue Fund promptly upon the receipt thereof, such fund to be held by [an Authorized Depository] [the Bank]. The moneys in the Utility System Revenue Fund shall be deposited or disbursed in the following manner and in the following order of priority: (A) Operation and Maintenance. Amounts in the Utility System Revenue Fund shail be used firs[ to pay reasonable and necessary current Operating Expenses; provided, however, that no such payment shall be made unless the provisions of Section 5.03 hereof in regard to the current Annual Budget are complied with. 11 - produce the moneys required to make all payments described in the Escrow Agreement for [he full and complete refunding of the applicable Prior Bonds. The Ciry hereby represents and warrants that none of the Prior Bonds constitute issues which refunded prior bond obligations of the Ciry. The Ciry covenants to redeem each issue of the Prior Bonds at the earliest date on which such redemption may lawfully occur. ARTICLE II AUTHORIZATION OF BORROWING AND NOTE AND LOAN DOCUMENTS Section 2.01. Authorization and Award of Note. For the purposes described herein, the borrowing by the Ciry, [he issuance of the Note and award thereof to the Bank, in principal amount not to exceed 510,000,000, and the execution, delivery and performance by the Ciry of the Loan Documents, are hereby authorized. Section 2.02. Aooroval of Loan Documents and Authorization of Officials. The Vote and the Loan Documents shall be in substantially the fortes attached hereto, with only such ontissioas, iruertions and variations az may be necessary or desirable and approved (which necessity or desirability and approval shag be conclusively established by the City's delivery of the executed Note and loan Documents to the Bank). The Mayor and the Ciry Manager are hereby authorized and empowered to execute and deliver, on behalf of the City, the Vote and the loan Documents, subject [o such changes and modifica[ions az the Mayor may approve prior thereto, such execution and delivery to be conclusive evidence of any such approval, and to affix thereto or impress thereon the seal of the City. ARTICLE III NATURE OF A.ND SECURITY FOR THE OBLIGATIONS UNDER THE NOTE Section 3.01. Note not to be Indebtedness of Citv. The Note shall not be or constitute a general obligation or indebtedness of the City az a'bond" within the meaning of any constitutional or statutory provision, but shall be a special o~ligation of the Cit•„ payable from and secured by a lien upon and pledge of the Pledged Revenues and the Utility Svstem Debt Service Reserve Fund in accordance with the terms of this Resolution. Section 3.02. Securi for the No[e. The payment of the principal of and interest on the Note shall be secured forthwith equally and ratably by a pledge of and lien upon the Pledged Revenues and the Utility System Debt Service Reserve Fund. The City does hereby irrevocably pledge and grant a lien upon the Pledged kevenues and the Utility System Debt Service Reserve Fund (together with all deposits made therein on and after the date hereof) to the Noteholder to secure the payment of the principal of and interest on the Note. The Pledged Revenues and the Utility System Debt Service Reserve Fund (together with all deposits made therein nn and after the date hereof) shall be subjen to the lien of the t0 - (B) The refunding of the Prior Bonds herein authorized is necessary and in the best financial interest of [he Ciry and its inhabitants because it will effect a reduction in the debt service applicable to indebtedness issued to finance the Utility System. (C) The City deems it necessary, desirable and in the best interest of the City and its inhabitants that the Pledged Revenues and the Utility System Debt Service Reserve Fund be pledged to the payment of the principal of and interest on the Note. No part of the Pledged Revenues or Utility System Debt Service Reserve Fund has been pledged or encumbered in any manner except that the Pledged Revenues (or portions thereof) are presently pledged for the payment of the principal of and interest on the Prior Bonds. (D) The estimated Gross Revenues to be derived in each year hereafter from the operation of the Utility System will be sufficient to pay Operating Expenses, the principal of and interest on the Note, az the same become due, and all other payments provided for in this Resolution and the Loan Documents, and to meet all of the covenants and conditions of this Resolution and the Loan Documents. (E) The principal of and interest on the Note and all other payments provided for in this Resolution and the Loan Documents will be paid solely from the sources herein prop-ided in accordance with the terms hereof; and no ad valorem [axing power of [he City will ever be exercised nor will any Holder of the Note have the right to compel the exercise of such ad valorem taxing power to pay the principal of or interest on the Note or to make any other payments provided for in this Resolution, and the Note shall not constitute a lien upon the Utility System or upon any other property of the Ci[y or situated within its corporate territorial limits, except the Pledged Revenues and the L;tiliry System Debt Service Reserve Fund. (F) The aggregate face amount of all tax-exempt obligations (az defined in Section 265(b)(3)(C) of the Code) issued by or on behalf of the City (and all subordinate entities thereof) during calendar year 1993 is not reasonably expeeted to exceed 510,000,000. (G) The costs of obtaining the credit facilities provided in the Loan Agreement, as described on the projected Use of Funds Schedule attached hereto az Exhibit F, are reasonable. Section ].05. A[tthorization of R f~ d' .The refunding of the Prior Bonds in the manner provided herein and in the Loan Agreement is hereby authorized. Simultane- ously with or subsequent m the delivery of the Note to the purchaser thereof, the City will enter into the Escrow Agreements with the Escrow Holders for each issue of Prior Bonds. At the time each of the Escrow Agreements are executed, the Ciry will furnish to the respective Escrow Holders appropriate documentation to demonstrate that the sum being advanced under the Note pursuant to the Loan Agreement and deposited with such Escraw Holder pursuant to this Resolution is equal to the Escrow Requirement and that such sum and the investments to be made pursuant to the Escrow Agreement will be sufficient to 9- "Reserve Fund Requirement" shall mean an aggregate amount equal to 341,666.67 commencing July 1, 1993, and increasing by E41,G66.67 on each October 1, January 1, April 1 and July 1 thereafter, together with interest earnings thereon from the investment of funds in the Utility System Debt Service Reserve Fund; provided [hat the requirement for funds on deposit in the Utility System Debt Service Reserve Fund shall not exceed the Maximum Reserve Fund Requirement. "State" shall mean the State of Florida. "Utility System" shall mean any and all water production, transmission, purification and distribution facilities and appurtenant facilities, and all sewage collection, transmission, treatment and disposal facilities and appurtenant facilities now owned and operated or hereafter owned and operated by the Ciry, which Utility System shall also include all of [he Improvements. "Utility System Debt Service Reserve Fund" shall mean the Utility System Debt Service Reserve Fund established pursuant to Section 4.01 hereof. "Utility System Restritted Reserve Fund" shall mean the Utility System Restricted Reserve Fund established pursuant [o Section 4.01 hereof. "Utility System Revenue Fund" shall mean the Utility System Revenue Fund established pursuant to Section 4.02 hereof. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term 'hereafter' shall mean after the date of adoption of this Resolution. Words importing the singular number include the plural number, and vice versa. Section 1.03. Resolution to Cr+nsr~n r r The provisions of this Resolution shall be deemed to be and shall constitute a contratt between the City and the Holder from time to time of the Note. The pledge of the Pledged Revenues and of the Utility System Debt Service Reserve Fund made in this Resolution and the provisionu, covenants and agreements herein set forth to be performed by or on behalf of the Citv shall be for the benefit, protettion and security of the Holder from time to time of the Note, all of which shall be enforceable by the Holder in accordance with their terms. Section 1.04. Ei11d10l:5, It is hereby ascertained, determined and declared as follows: is in the best financ al nteres[ of the City snde[s inhabitartts because, due[toemarket conditions, it will permit the refunding of the Prior Bonds, and the financing for the Improvements at the lowest possible interest rate and best terms available to the City, az determined by the Cit}~s Request for Proposal process related thereto. -8- "Operating Expenses" shall mean the City's expenses for operation, maintenance and repairs with respett to the Utility System wkch, under generally accepted accounting principles applicable to municipal water and sewer systems similar :o the Utility System, would be veated az current operating expenses, and shall include, without limiting the generality of the foregoing, administration expenses, insurance premiums, the fees of any rebate compliance service or of Bond Couttsel relating to compliance with the provisioas of Section 148 of the Code with respect to the Note or other indebtedness secured by the Pledged Revenues or any part thereof, legal expenses, ordinary and current rentals of equipment or other property, refunds of moneys lawfully due to others, payments to others for disposal of sewage or other wastes, payments to pension, retirement, health and hospitalization funds, and any other expenses required to be paid for or with respett to proper operation or maintenance of the Utility System, but excluding any reserves for renewals or replacements, for extraordinary repairs or any allowance for the depreciation, renewal or replacements. "Other Impatt Fees" shall mean all Impact Fees other than Improvements Impact Fees. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock mmpany, a tmst, any unincorporated orgartiTation or governmental entity. "Pledged Revenues" shall mean the Net Revenues and the Improvemenu Impact Fees. "Pollution Control Bonds" shall mean the SI,500,000 State of Florida Pollution Control Bonds, Series Q, and the related Loan Agreement among the State of Florida Department of Environmental Regulation, the Division of Bond Finance of the State of Florida Department of General Services and the City. "Prior Bonds" shall mean each outstanding Oak Harbor Bond, Buccaneer Bond or Pollution Control Bonds. "Project" shall mean the design, acquisition, construction, erection, renovation or reconstruction of each of the Improvements. "Rate Ordinance" shall mean the City's Ordinance 80.92-51, adopted November 23, 1992. "Rates" shall mean the Utility System rates, fees and other charges, excluding Impact Fees, which have been established by the City for the use of the services and facilities to be provided by the Utility System. "Registrar" shall mean any registrar Eor the Note appointed by the City from time to time with the consent of the Noteholder, and shall initially mean the Bank. ~_ of moneys under the provisions of this Resolution which are transferred to the Revenue Fund as herein provided. "Impact Fees" shall mean all non-refundable Utility System fees or capital fees or other similar fees and charges separately imposed by the Ciry upon new customers of the Utility System and upon the customers of the Buccaneer Utility District as a capacity charge for a proportionate share of the cost of the acquisition or construction of water and sewer facilities, which aze imposed for the purpose of allocating to such customers a portion of the cost of the additional Utility System capacity made necessary by the extension or expected extension of Utility System services to such new customers. "Improvements Impact Fees" shall mean all Impact Fees properly allocable and allocated by the City to the costs of ally Project in compliance with all applicable state and local laws, and which shall be legally available to pay Debt Service Requiremen[s of the Note. "Improvements Impatt Fees Fund" shall mean the Improvements Impact Fees Fund established pursuant to Senion 4.03 hereof. "Loan Agreement" shall mean the Loan Agreement between the Bank and [he Ci[y, in substantially the form at[ached hereto as xh' B, as amended from time to time. "Loan Don:men[s' shall mean this Resolution, the No[e, the Loan Agreement, the Escrow Agreements and al] otherdocuments and instruments related thereto. Maximum Reserve Fund Requirement" shall mean 5500,000.00. 1Mayor" shall mean the Mayor-Cortunissioner of [he Ciry or such other person as may be duly authorized by the Ciry to act on his or her behalf. 'Net Revermes" shall mean Gross Revenues less Operating Expenses. "Note" shall mean the City's E10,000,000 Utility System Revenue Note, Series 1993, authorized and issued pursuant to this Resolution, as amended, modified, renewed or replaced from time to time, substantially in the form of Exhibit C hereto. ';Noteholder" or "Holder" or "holder" shall mean any Person who shall be the registered owner of the Note (or any replacement therefor) according to the registration books of the Registrar. "Oak Harbor Bonds" shalt mean the City~s 5900,000 Oak Harbor Water and Sewer District Revenue Bonds. 6- any such period shall mean an amount equal to the Minimum Periodic Installment for such period, and all calculations of "principal installments" for such indebtedness in subsequent periods shall be accordingly modified; plus (3) The amount of any prepayment premium or penalty with respect to any of such indebtedness which the City has elected to prepay during any Such period. "Escrow Agreement" shall mean any of the Escrow Agreements to be executed and delivered by and between the City and the Escrow Holders in respect of the Prior Bonds, which agreements shall be in substantially the form attached hereto as Exhibit E. "Escrow Holder" shall mean (i) with respect to Buccaneer Bonds, (ii) with respect to the Oak Harbor Bonds, and (iii) with respect to the State Pollution Control Bonds, the Slate Board of Administration, each of which shall enter into an Escrow Agreement with [he Ciry. "Escrow Requirement" shall have the meaning assigned thereto in the Escrow Agreements. "Federal Securities" shall mean direM obligations of the United States of America and obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, none of which permit redemption prior to maturity at the option of the obligor. Federal Securities shalt include any certificates or any other evidences of an ownership interest in the aforementioned obligations or in specified portions thereof (which may consist of specified portions of the interest thereon). "Fiscal Year" shat! mean the period commencing on Goober I of each yzar and continuing through the next succezding September 30, or such other period as may be prescribed by law. "Governing Body" shall mean the City Commission of the City or its successor in function. "Gross Revenue Fund" shall mean the Gross Revenue Fund established pursuant to Section 4.02 hereof. "Gross Revenues" shall mean all income and moneys, including Improvements impact Fees but excluding Other Impact Fees, received by the City in the management and operation of the Utility System, calculated in accordance with generally accepted accounting methods employed in the operation of public utility systems similar to the Utility System, including, without limiting the generality of the foregoing, all earnings and income derived from the irtvestment -5- "Buccaneer Bonds" shall mean the Cit}~s 52,800,000 Buccaneer Water and Sewer District Revenue Bonds. "Code" shall mean the United States Interval Revenue Code of 1986, as the same may be amended from time to time, and the regulations thereunder, whether proposed, temporary or final promulgated by the Department of the Treasury, Internal Revenue Service, and all other promulgations of said service pertaining thereto. 'Consulting Engineers" shall mean one or more qualified and recognized consulting engineers or firm of consulting engineers having favorable repute, skill and experience with respect to the planning, construction and operation of water and sewer utility rystems similar to the Utility System, who shall be retained from time to time by the City and acceptable to the Bank. "Cos[' when used in connection with a Project, shall mean (1) the cos[ of physical construction; (2) costs of acquisition of such Project; (3) the cost of any indemnity and surety bonds and premiums for insurance during construction; (4) engineering, design, project management, legal and other consultants' Cees and expenses; and (5) any other capital costs properly atMbutable to the constmttion or acquisition of such Project, as determined by generally accepted accounting principles applicable to municipal water and sewer utility systems. "Debt Service Requirement" for any period and for any indebtedness, shall mean the sum of: (1) The aggregate amount required to pay the interest becoming due on such indebtedness for such period; provided, however, that for purposes of this definition, the interest due on any indebtedness which shall have a variable rate of interest shall be assumed to be the greater of (a) 115 % of the daily average annual interest rate during the [12J months ending with the month preceding the date of calculation, or (b) the actual annual rate of interest applicable to such indebtedness on the date of calculation; plus (2) The aggregate amount required to pay the principal installments becoming due on such indebtedness for such period; provided, however, that (a) for the purprses of this definition, the term "principal installments" shall include all required sinking fund or other required payments or prepayment of principal similar thereto in respect of such indebtedness, and (b) in the case of any such indebtedness providing for principal installment which are, for any annual period during the Term of the Note, less than the amount of principal payment which would be required in respect thereof to fully amortize the outstanding principal amount of such indebtedness in substantially equivalent periodic installment of principal and interest over the term thereof (the'Minimum Periodic Installment"), "principal installment" for 4- "Authorized Depositorv'shall mean the Stale Board of Administration of the State of Florida or a bank or trust company in the Stute which is eligible under the laws of the State to receive funds of the City. "Authorized Investments" shall mean arty of the following which shall be authorized from time to time by applicable laws of the State for purchaze by the City for the investment of its funds: (1) Dirett obligations of (including obligations issued or held in book entry form on the books of the Department of the Treazury of the United Stales of America and stripped and zero coupon obligations), or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America. (2) Bonds, debentures or notes or other evidences of indebtedness payable in cash issued by any one or a combination of any of the following federal agencies whose obligations represent full faith and credit of the Uttited States of America: Export Import Bank of the United States, Federal Financing Bartk, Farmers Home Adminisration, Federal Housing Administration, Maritime Administration, Public Housing Authority and Government National Mortgage Association. (3) Certificaces of deposit (i) properly secured at all times by collateral security described in either or both of pazagraphs (1) and (2) of this definition, or (ii) fully insured by the Federal Deposit Insurance Corporation and issued by commercial banks, savings and loan associations or mutual savings banks chartered by the State or the United States of America. (4) Units of patticipation in the Local Government Surplus Funds Trust Fund established pursuant to Part IV, Chapter 218, Florida Statutes, as amended, or any similar common trust fund which is established pursuant to State law az a legal depository of public moneys. (5) Such other investment vehicles az shall be acceptable to the Noteholder, az specified in writing by the Noteholder upon the written request of the City. 'Authorized Officer" for the performance of any act, or the execution of any instrument, on behalf of the Ciry shall mean any person authorized by resolution or certificate of the Ciry to perform such as or execute such instrument. "Bond Counsel" shall mean any attorney at law or firm of attorneys of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court or airy state of the Uttited States of America 3- WHEREAS, pursuant to the Approving Resolution, the City directed the Ciry Manager and the City Finance Director to negotiate final credit facility documents, with the assistance and advice of the City Attomey and Foley & Lardner, special counsel to the City ("Special Counsel"); and WHEREAS, the City Manager, City Finance Director, City Attorney and Special Counsel have negotiated with the Bank the form of final credit documents, including certain provisions of this Resolution and the Loan Agreement, the 510,000,000 Utility System Revenue Note, the Waiver of Jury Trial and [he (form of) Escrow Agreement attached hereto as Exhibits B-E, which have been presented to and reviewed by the City Commissioners; and WHEREAS, the City Commissioners have determined that it is the best interest of the Ciry to execute and deliver such loan documenu, including issuing the Note, and to obtain the credit facilities from the Bank on the terms and conditions set forth herein and in such loan documents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: ARTICLE I Section 1.01. Authority for Resolution. This Resolution is adopted pursuant to Chapter 166 of Florida Statutes (as amended, the "Aa"), the Florida Constitution and other applicable laws of the Stale of tlorida, and all matters set forth herein and the actions to be taken hereunder comply in all respects with the City's Charter. Section 1.02. Definitions. When used in this Resolution (as amended, modified or supplemented from time to time with the consent of the Noteholder, this "Resolution"), the following terms shall have the following meanings, unless the context clearly otherwise requires: "Additional Non-Parity Indebtedness" shall mean obligations of the City issued at any time and payable, in part or in whole, from revenues of the Utility System which obligations are either (i) secured by a lien on the Pledged Revenues which is inferior to the lien of the Noteholder in respect of the Note; or (ii) not secured by a lien on the Pledged Revenues. "Additional Parity Indebtedness" shall mean obligations of the City issued at any time which are secured by a lien upon the Pledged Revenues on a parity with the lien of the Noteholder in respect of the Note. "Annual Budget' shall mean the annual budget prepared pursuant to the requirements of Settion 5.03 hereof. 2- ~~ RESOLUTION NO. ~ "~ A RESOLUTION OF THE C[TY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF THE CITY'S WATER AND SEWER REVENUE NOTE, IN A PRINCIPAL Ah1OUNT NOT TO EXCEED 510,000,000, TO BARNEIT BANK OF JACKSONVILLE, N.A. BY NEGOTIATED SALE TO REFINANCE EXISTING INDEBTEDNESS OF THE CITY IN RESPECT OF ITS WATER AND SEWER UTILITY SYSTEM, TO PAY THE COSTS OF CERTAIN IMPROVEMENTS TO SUCH SYSTEM, AND TO PAY THE COSTS OF ISSUANCE; PLEDGING THE NET REVENUES OF THE CITY'S WATER AND SEWER UTILITY SY'STEii TO SECURE PAYMENT OF THE NOTE; CREATING A DEBT SERVICE RESERVE FUND FOR THE BENEFIT OF THE NOTEHOLDER; h1AKING CERTAIN COVENANTS AND AGREEh1ENTS FOR THE BENEFIT OF THE NOTEHOLDER; AUTHORIZING THE EXECUTION AND DELIVERY OF LOAN DOCUMENTS; AUTHORIZING THE DEFEASANCE OF THE CITY'S 5900,000 OAK HARBOR WATER AND SEWER DISTRICT BONDS; AUTHORIZING THE DEFEASpNCE OF THE CITY $2,800,000 BUCCANEER WATER AND SEWER DISTRICT' BONDS; AUTHORIZING THE DEFEASANCE OF THE CITY'S SI,S00,000 LOAN UNDER STATE OF FLORIDA WATER POLLUTION CONTROL BON DS, SERIES'Q'; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE NOTE; pND PROVIDING AN EFFECTIVE DATE. REQITAL~: WHEREAS, by pursuant to Resolution No. 93-24, adopted by the City Commission (the "City Commission") of the Ciry of Atlantic Beach, Florida (the "City") on June 14, 1993 (as modified, amended or supplemented from time to time, the "Approving Resolution'), the Ciry approved the program of water and sewer utility system improvements described in Exhi i A hereto (the "Improvements"); and WHEREAS, pursuant to [he Approving Resolution, the Ciry approved the credit facilities to be prov,ded by Barnett Bank of Jacksonville, N.A. (the "Bank") desttibed in the Bank's Commitment Letter (as defined in the Approving Resolution) issued in response to the City's Request for Proposals, to provide financing for a ponion of the Improvements, to refinance certain existing indebtedness of the City in respect of its water and sewer utility system (the "Utility System") and to pay certain costs of the credit facilities; and N _ A ~].]fl5• 8/D ,¢,VqL yS/S FOR B/O Ds}TE 6-/D- 93 ~ NO. 9293 - Z/ ONE (/J TRASH `Specificcdi'ons i-Jaf by bidde.~s i _ 5 _- 'e - - L5 I - _._{~c - --~ _- 1.. M. _ .. r R OfD °y~R1cE -~ Dtb: - - - N A ~? 8/D ,¢,U~4LYS/S f'OR B/D No. 9293- Z/ ONE (i) TRs1SN B/D D.¢TE 6-/O- 93 Specifications met by bida/e,-5 ? W/ •N A _~~~ 8/D ~A/.4LYS/S FOR B/D NO_ 9293- Z/ ONE (i) TiPAS~ _ B/O D~4TE 6-/0-93 sp~cificafi'ons mef by bidde.-s /~L.. RTL N ~G .... . _ e i (*) ~til~ 3800 ~bTilTlo.1 - ~ -~ u,- '~ ~ .o _~ - uro~r _ WA T YJ 1S0°~toTAr.H.V Vi~~ ~,~ an 6~oI93 s CITY OF 1'gllaatie - i~losida T0: Jofflan LaVake, Purchasing Agent PROH: /J,; R,.n moo,,. ~°' aan A77AHI1C agMa, pipap~ ~dNS r$F}9DHE OMI IiFgy Forvatded [o you herewith are apecificatiana snd other pertinent infor- ~atfon necessary for you to call for bide on project to be entitled: n .. i , i ,Tease expedi ~e . / Pnading for this projec[ ie ldentlfied ae follow: Sani~a~{ion -Fy~;ome~ ~4GU ~Sth an approved budgeted aoouat of ;_~~QO~ PUHDIHG APPROVAL; S Director of Pinance i/ CITY OF 1~artie ~tae% - ~lsKda w sam+a8 ~ •nwrmc sais. riwa ••••• -• •- mseora eao sneMa rAx oaa fa:.s>~ June 1, 1993 ADDENDUM i2 BID N0. 9293-21 -ONE (1) TRAStl TRUCK MITE &7(RI P08 PUBLIC MORKS DEPARTMENT This Addendum Se issued to Correct typographical error in Addendum /1 vhic6 identified acceptable models far ezane and grapple of above piece of equipment. They were listed as: - Ilff Bavk Model 1150 Crane Mi[6 Kaapheide Model iKE15271 tloiat. - Prentiss Model P90 Crane/tloiat Package. Or Approved Equal. CORRECTION: The firs[ listed eodel should have read: - I1fI tlavk Model 1150 Crane Mi[6 Kaapheide Model tKN1627L tloiet. Ackaovledgement of Addendw i2: 'RTL •BCN PUBL lEL No.2g7130q . J"uNe / ~ 1993 JUn 1.95 l:ytt NO.UVL Y.U[ To : 1ToigN ,Cn dAk'e PuRCNASi Ny I~9e~r jam: /j~~y BuR/oN ~re~ucRA/ ~9iAl/GU9A.CG'l~.F~ir19.r/ RE: Aade~,dum SeyTout ~NCeFtNiRJ4 $iD ~cR TR~s// ~Y.uerkb. 8oo~y ,Lokbe.R TRUCk. ~ 7He /Qddeaaum We Sped Fier a .~{ivApNeine NoisT /;'Ie,ale 1 KN 15a7 L THis is A TyPi6RAP1/ias/ .EiP]PGR..rt' s~o4ld ReRD K H ,ba7 L . CITY OF J'~aartie $rac,Q - Asst 1a wasm+pc ao~D •nwi+'nc sKS, -tOa~ '~MOfa Oe4 uxnr BOC oeN sraalas Nay 21, 1993 ADDENDUM /1 BID N0. 9293-21 -ONE (1) TRASH TRUCK PITH BOOM pOR PUBLIC 17URRS DEPARTMEhT ACCEPTABLE MODELS POR CBARE AND GRAPPLE OP ABOVE PIECE OP EQDIp!ffiPf ARE: - I111' Hawk Model 1150 Crane With Raaphaide !(oriel /RH1527L Hoist. - Prentiss Model F90 Czaae/Hoist Paekage. Or Approved Equal. Acknowledgement of Addendum /1: BIDDER By __ __ _ _ ,d~..i~ - _. _.essav:..~__ CITY OF ~aatlc ~tgt4 - ~lorlda ~___ May 20, 1993 K E H^ R A H D U M AiIdRIk ~ M~~ T dQ 7f1'![M k11[ 01a IfFAp TO: Joan LaVake/Purchasin g Agent FROK: Robert S. Koeoy/Dirr_tor of Public Morke Siyj~ RE: SPECIFICATIONS FOR ~ T HO. TRASH/BRUSH KNUCKLE BOOM LOADER BID Please advise ell Diddmrs that the crane and referenced Did should be an: grapple for the 1• IKT Hark model 1150 Crane rith knspheide model KH1527L hoist. 2• Prentiss model F90 Crane/hoist package. or an approved equal. A generic epecifieation vas submitted for bid Dut no manufacturers were listed. RSK/mc cc- Kim D. Leinbach/City Kanager File - Equipwent BID N0. 9293-21 - ONB (1 TBAStl TRUC& YITB BOpN ppR pUBLIC WORKS DEPT• TYITAL PRICE BID POR ONE (1) TRASB TRUCK WITB BOOM; (Dollars) MARE AND MODEL BID• SUBMITTAL; BIDDER BUSINESS ADDRESS BY SIGNATURE CITY, STATE AND ZIP CODE DATE: TITLE BUSINESS TE.EPtlOh"E Crane: American bade 311 degree rotation Installed behind Cab rith ralkthrough Rating of 70,000 ft/lbe. bYnPTO applicationump producing 20 gallons per minute Oil reservoir capacity 36 U. S. gallons •A• frame outrigger package rith sisal pads to ninimi ze damage to street. Controls operational from each side of crane Air operated engine speed control Controls platform mounted to truck frame and mountable from truck Cab. 16• platform passage between Cab and mounted crane All fittings SAE standardized. Trash Grapple: Lor profile 48• ride and 30• diameter closed, Return lip on cutting edge to prevent digging. Grapple operated by Dual hydraulic cylinders. Must contain splitter valves to equalize force on opening and closing of clawehell. Continuous rotation 360 degrees in either direction. ~av opening 55•. Marranty: Please include outline of 6aeic wanufacturer'e rarrenties and quote price of any optional extended rarrenties if evallaDle. Manuals: 2 each parts wanual 1 each service manual SPECIFICATIONS FOR TRASH/BRUSH KNUCKLE BOOM LOADER DUMP BODY Body: Capacity - 28 cu yd Length - 20 ft. Midth - 8 ft. Floor - 7 gauge smooth steel Croseills - 4• structural channel on 12' centers. Headboard and Sides - 12 Gauge steel with 7 gauge tubing top rail and rub rail of 9• structural channel. Sides - 60• high eloping to headboard Headboard - 48" high Stakes - io De run through floor and relded to body rub rail on 30• centers. Stakes rill be 3• structural channel Long Sills - 7• structural channel guaeetted to crosaills Rear door - To be barn docr type 12 gauge steel rith 7 gauge tubing on top end bottom. Docr to have heavy duwp provisions 1Rearea with positive latch open to prevent side flare outof body wust be reinforced to Lights and Reflectors: In accordance rith Florida and Federal D.O.T. requirenente. Tarp - yechanical self contained autowated load corer Paint - Hardened acrylic enamel Color - B3IHC Truck Code •1625 Baja Brorn Martin Senour-99L-5959 Loader Syeten Reach: 20• horizontal reach from centerline Lift Capacity; 3500 lbs. at 18• 2500 lbs. et full extension Hoist: Capacity - 17 ton Dump angle 45 degrees Parer up and parer darn capability <Note: Boay Manufacturer ie not to furnish hydraulic reserroir• control valve or PTO because the under rill he pump, connected to the hydraulic eyetem of the trash hoist handling crane.) Brakes: Cam type, full air system Axles 8 Suspension: Front 12, 0001b. Rear 21,00016. Front shock absarbere Rear auxiliary multi-3eaE springs Rear axle-q. 56 ratio Tires: 11R X 22.5 12 ply tubeless Wheels - 7,5 steel Must include spare wheel of same dimension Fuel System: 50 Gallon R/H mounted tank Steering: Power Steering Cab: Conventional Cab to be polyurethane 90 Ford Truck Parnee Tan AV code Martin Senour code 97L-42575 Instrumentation - Complete gauge grouping Equipped rith ineiue hood release Integral air conditioning and heater rith defroster Vehicle to be rust-proofed and equipped with AM/FM radio Safety Iteae: Warranty: Suing sway ^irrora L/H i R/H. Electric windshield vipers rith intersittent feature Windshield rasher syete^ Equipped rith lights, reflectors, etc. to Beet Florida end Federal D.O.T. requiresente Seet6elts Mudflepa rlth dealer installed front fender, rubber edging protectors. Equipped with back up alas Lov air pressure light and buzzer Parking brake •on• indicator light Please include outline of basic aanufacturer's rarranty end quote price of any optional extended rarrantfes if available. Manuals: 2 ea. parts manual 1 ea. shop manual SPECIFICATIONS FOR TRASH/BRUSH KNUCKLE BOON LOADER BID• The following specificatiane are intended to serve as minimum specifications required for the City of Atlantic Beach. It is requested that vehicle Chassis and Knuckle Boom Loader Trash Body De bid as one complete package. Vehicle Chaeais shell be a Nack CS series 200 ar better or a PeterDilt series 357 or better. Only those bids which meet or exceed minimum specifications outlined will be considered. The bid rill be arerded to the retailer westing the criteria outlined at the larest cost; subject to approval of the City of Atlantic Beach, City Comwiseion. The bid price of syetew outlined shall De F.O.B. City of Atlantic Beach, F]orida rith equipwent mounted on Chaeais and ready for operation. Delivery suet be accowpliehed no later than eight weeks from Did arard date. Manufacturer's apec- ificatione must accowpany bid at tine of subwiesion. VEHICLE CHASSIS Engine: Type - Diesel Aspiration - Turbo Charged - Air Cooled Horsepower - 180 Hp Torque - 470 16/£t P 1300 RPM Air Cleaner - Dry Type, Single Element Tranewiseion: Allison NT aeries, Automatic Electrical System: 12 Volt Alternator - 60 amp Heavy Duty Battery - Dual-Maintenance free-1100 CCA Coolin Total g System: Largest available-Capable of handling increased air conditioning requirements Coolant protection to -20 degrees F. Chaeais 6 Frame: GVw-32, 00016a. Mheelbase--140" CA-174" Frame-Heavy duty reinforced, Dlack primer or by any political subdivision for the procurement of commodities or contractual services, a bid retefved from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing bids will be followed if none of the tied vendors have a drug-free workplace program. A form for [his certification is included with the bid forms. .loan IaVake xxxx xxxx <• xx xx x x x::x xxxxxxuxcxast *gaA<e+nttx: FIARIDA TZKES-UNION: Please publish one time on Sunday, May 16, 1993. Submitted by .loan IaVake - 247-5818. CITY OF ~Fllartlc " /c - ~letida aeo svm+o~ aoiD An.atrnc 41+.1[.'N. P1DRm1 ruusus TEIFPNONH 11M1 ?n-Ap1 FAx Cmq NFaaK May 16, 1993 CITY OF ATLANTIC BEACH INV'TATION TO BID NOTICE is hereby given that the City of Atlantic Beach, Florida, will receive sealed bids in the Office of the Purchasing Agent, 800 Seminole Road, Atlantic Beach, Florida, until 2:00 PM, Thursday, June 10, 1993, after which time they will be publicly opened and read aloud for ONE (1) TRASH TRUCK I:ITH BOON POR PUBLIC NORKB DEPARTMENT. Acceptable chassis models: Mack CS Series 200, or better Petetbilt Series 357, or better Bids shall be enclosed in an envelope endorsed "BID N0. 9293-21, ONE (1) TRASH TRUCK WITH BOON FOR PUBLIC vORRS DEPAATlIIDiT, TO HH OPENED AFTER 2:00 PY., THURSDAY, JUNE 10, 1993." Specifications and Sid Forms may be obtained from the Office of [he Purchasing Agent, City Hall, 800 Seminole Road, Atlantic Beach, Plorida 32233, telephone (904) 247-5818. Cooda and services proposed shall meet all requirements of the Ordinances of the City of Atlantic Beach. The City of Atlantic Beach reserves the right to reject any or all bids or parts of bids. waive informalities and technicalities, make award in whole or part with or without cause, and to make the award in vhac is deemed to be in the best interest of the City of Atlantic Beach. PUBLIC ENTITY CRIheS - Any person submitting a bid or proposal in response [o this invitation must execute Fozm PUR 7068, SNORN STATEMENT UNUER SECTION 287.133(A), FLORIDA STATUTES, 017 PUBLIC ENTITY CRIHES, including proper check(s) So the space{s) provided and enclose it with the bid or proposal. However, if you have provided the completed form to the submittal address listed is this invitation and it vas received on or a: ter January 1, 1993, the completed form is not required for the balance of the calendar year. IDENTICAL TIE BIDS - In accordance vi [h Section 287.087, Florida Statutes, effec live January 1, 1991, preference shall be given [o businesses with drug-free workplace programs. Nhenever two or more bids which are equal rich respect [o price, quality, and service are received by [he Stale or Bid No. 9293-21 - TRASH 1RUCK WITH BOON Mailing List: Jacksonville Naek Trucks, Inc 1986 Nest Beaver Street Jacksonville, Florida 32209 Attn: Berb Swanstrom Palm Peterbil[ - CNC Trucks, Inc 2441 SCate Road i (441) Ft. Lauderdale, Florida 33317 Attn: Bill Brockmeier Jim Bardee Equipment Company, Inc. 5801 E. Broadway P. 0. Box 5537 Tampa, Florida 33675 Moody Truck Center 4600 Phillips Bighvay Jacksonville, Plorida 32207 Nichols Truck Bodies 1168 Cahoon Road Jacksonville, Florida 32221 Attn: Fzed Crest Southern Pe[erbilt P. 0. Box 61117 Jatkeonv111e, Florida 32236 Attn: Mike Kennedy Ray Pace's Haste Equi{rment 9365 Phiilips Highway Jacksonville, Plorida 32256 General Truck Equip. 6 Trailer Sales 5310 Broadway Jacksonville, Plorida 32205 York Truck E ui Rivers Body Pactory 9 ant 10620 General Aveaue 321 N. Lane Aveaue Jacksonville, Plorida 32220 Jacksonville, Florida 32205 Tallahassee Mack Trucks, Inc. M?ke Davidson Pord 4740 Blountatovn Hi hva 9650 Atlantic Boulevard 8 p (Nighway 20 Neat) Jacksonville, Plorida 32225 Tallahassee, Florida 32314 A[tn: Keith Lanier Tom Nehl Truck Co. 417 S. Edgevood Avenue Jacksonville, Plorida 32254 Attn: Gus Bacelis Miami Nark trucks, Inc. 6801 N.N. 74th Avenue Miami, Florida 33166 Solid Was ce S Recovery 5500 Rio Grande Avenue Jacksonville, Plorida 32254 Municipal Sales S Leasing P. O. Box 90306 Lakeland, Florida 33804-0306 General QIC 11327 ppoline Court Jacksonville, Florida 32223 Hardee Manufacturing Company P. 0. Boz 699 Plant City, Plorida 33564 Attn: Debra CITY OF ~tlartie ~eae! - ~loudu - _. __. 1]AO SAMDPIPFJ( LANE - _._... _____ AT1AHnC aeACN. RORma lRU1N1 ~~ iElFApaE pM)1f1~$y -~~~. jy.. PA%pN/ 2A5lEy June 16, 1993 TO: Joan LaVake/Purchasing Agent FRON: Robert S. Kosoy/Birector of Public Morka~~ Kelly Burton/General Naintenance Foreman / RE: BID ANALYSIS FOR BID •9293-21 TRASN TRUCK MITH BOOM BID DATE 6/10/93 On 6/10/93, a bid ras opened for one (1) trash truck rith boos due to the prewature dewiee of existing equipwent. Ne are currently barely able to keep up rith yard trash and CD waterial and only by the benevolence of the City of Neptune Beach loaning us their trash bona truck. Specificatiane rere mitten requesting a Class •A• Nack or Peterbilt Chaaeis rith an IMT Hark Crane/Knapheide Hoist KH1627L package or Prentice F90 package or approved equal. The Sanitation Departwent intends ie to run the ner unit to the landfill ae required, therefore re need a hesry duty Clara •A• package. The only bide that fully set our epecif icationa rere Jacksonville Mack Salsa, Cargo Tech, Atlanta, Georgia and Great Southern Peterbilt, Jackaonrille, Florida. (See attached analysis breakdorn). Me are currently budgeted for SB0, 000. 00 under account • 920- 42-01-539-6400. Me rvcomwend accepting Jackaonrille Nack Sales bid Sor Mack CS250p Chaeais rith IMT Hark H1150 Crane and Knapheide KH 1627E Hoist at a bid price of 870,367.00. The bid disparity betreen the GMC, Fords, International grouping and the Mack and Peterbilt grouping Ee due to the GMC, Fords and International chassis Deing medium class trucks. RSK/KB/mc attachments (3) cc: Kim D. Leinbach/City Nanager File - Equipment TOTAL PRICE BID Clean Eart4 Manufacturing Co. ; Tarpon Springs, Plorida GlICC7H042/CLEAN EARTH "SAFE CLAN" 48,200.00 PETERSILS 3577CLEAN EARTH "SAFE CLAY" 68,050.00 General CMC Truck Sales Nest Pala Beach, Florida GMC C7H042/PETERSEN LIGHTNING LOADER 52,449.00 Great Southern Peterbilt Jacksonville, Plorida PETERBILT 357/L?ff HAYK CRANE/RNAPHEIDE HOIST 76,270.00 Moody Truck Cen[er Jacksonville, Plorida INTERNASIONAL 4700/THONPSON IOOTL 55,016.09 Tom Nehl GNC Jacksonville, Plurida CMC TC7H042/T~fffSON 100TL 52,209.00 Based on lnfonatlon contained 1n the attached aemoranduf and spread sheet prepared by Public Yorke staff, S[ Ss the consensus of the Committee that it recoamend to [be City Co~lssion that it accept the b1d from Jacksonville Mack Sales far the Mack CS250P Chassis vi[h I!d' Havk H1150 Ctane and Rnapheide RH 1627E Hoist, is the asount of 570,367.00, ae [he loves[ and beg[ bid meeting bid specifications and requireaente, and sake the asard accordlagly. Respectfully, Joan LaVake, Purchasing Agent FUNDING SOORCE: Sanitation-Equipment 6400 (420.4201-534-6400) APPROVED BODGETED AMOUNT: 580.000.00 S~ CITY OF rQtlartle "beat(c - ~leslda uw saMDeoem w+e ATLaN17C aEA17~, Rpq~ ~ riJFPtlDHa OM iQ.~ FAK Oeq 10.9p June 28, 1993 AYARDS COMMITTEE MINUTES THURSDAY, JUNE 10, 1993 The Arards Co®it tee set on Thursday, June 10, 1993, at 2:00 PM, to receive bid advertised as Bid No. 9293-21 - TRASH TRUCK PITH BOON. Present at the bid opening rere Co®issioner Glean Edwards, Public Morks Direc[oz Bob Kosoy, Public Works Foreman Kelly Burton, and Purchasing Agent Joan La9ake. Invi[ationa to Bid rere mailed to eighteen (lE) prospective bidders. Sizteen (16) bids rere received from ten (30) bidders, vlth more than one bid received from several bidders, as follows: TOTAL PRICE BID Heintzelman's Truck Center s Orlando, Florida FORD LN7000/THOMPSON 100TL 54,749.00 Jacksonville Hack Sales Jacksonville, Florida HACK CS250P/IHT HAYR/RNAPHEIDE MACK CS250P/ITIOMPSON 100T1 70,367.00 64 497 00 HACK C5250P/PRENTICE IAADER , . 71 103 00 MACK CS250P/THOMPSON BOOM/KRAPHEIDE HOIST , . 66,442.00 Hike Davidson Ford Jacksonville, Florida FORD F700/IMT BAYK/KPAPHEIDE 62 138 00 FORD F700/THOMPSON 100TL , . 56,268.00 Atlantic Ford Truck Sales Ft. Lauderdale, Florida FORD F700/PETERSEN LICHTHING LOADER 53,290.00 CARGO TECH Atlanta, Georgia MACK C5250P/NLAB105-2 CARGO TECH BODY 82,000.00 PETERBII.T 357/NIAB105-2 CARGO TECH BODY 93,000.00 CITY OF J~aartle ~iaek - ~CetCdrt ea avmfo~ sofa A7LAaTC aBA~, MWROH rtil15Mf 'fPJ~xa OM ]fF61af PA7C (fan ilFaaff DATE: ~ j -T~ T0: ,loss Lavake, Purchasing Agent PEOx: 6 ~'ased D~%+zfor of f~iE/ic /[/anFs Porvarded [o you 6erewit6 are specifications and o[her pertinent infot- mation neceaeary for you to tall for bide on proSeet [o be entitled: Punding for t61a pto~ect Ss identified ea follova: Ceryifa/ 1~Gro~Cirfant~ ~,h .af/4nt~c B -• /~ J'ewe~ - Sfew~ ~ ZC with en approved budgeted amount of i /3S ODO cc . KO[~ fAlf~ F;/e o CSP..4B5- ntfMs~f POxDIAG APP$OVAL: AaW Director of Pinanee -_ - ..._:,. ..... ,.. x... ~_ie.erv:_:__.._..:or:~.G~s~.:aa5sc- BID N0. 9293-20 - FABRICATE AND INSTALL SIR (6) PIBERGLASS NETNELL LINERS A. TOTAL PRICE BID TO FABRICATE AND INSTALL SIR (6) PIBERGLASS 4'ETNELL LINERS, S7ITH NO MAJOR Rrrvowsi GROITTINC REQUIRED: (Dollars) B. ADDITIONAL GALLONS OP GROUT PRICE FOR MAJOR EXTERNAL GROUTING: S (PER GAL.) C. lOR CONTINGENCY D. TOTAL BID PRICE A + C SUBtiITTAL: BIDDER BUSINESS ADDRESS CITY, STATE AND ZIP CODE (Dollars) SIGNATURE TITLE BUSIHESS TELEPHONE ~jN? E et g CITY OF 1~Ya~rAfe ~tat/c - ~leTlda aY awn A7L~MI[ ~. tI.OR~ 7K4bLLS iYJIJYOfR OM 3fF91C A1I OM NYlIIS LIFT STATIONS AT THE FOLLOYISO LOCATIOYSs LIFT YET YELL STATIOt LOCATIOII DI ANETEH 1. •A• 460 Pal^ Street 8' interior 2. •8• 385 11th Street 10' interior 3. •C• 69 Donner Road 6' interior 4. •D• 1799 Selva Marina Drive 6' interior 5. •E• 799 Nayport Road 6' interior 6. •F• 8SB Cavalla Road 6' interior dam, ~ - -d'o:.-..-__. SH7 7 of 8 Continued 5. Contr^ctor curt have 15 years experience 1n the application of epoxy eo^tinpe. 6. Contr^etor evet Dave et lent 15 ye^re put experience in retrell and list et^tion reh^bilit^tion. 7. Contr^ctor rust ^ttentl ^ Pre-Bid Conference end wi^it ^11 6 lilt ^t^tion eitM rith the Atl^ntic Be^ch M^eter^ter Tre^teent P1^nt Oper^tos, or hi• designee. Contractor ^u^t provide to Orner, rith hia Did, ^ li^t reriZying seven above items. Sequence of work on wetwelle [o be determined by Owner. ., _.: .a.. .~.«.,,ut~-. sue. ~~1:...a,.. --" .._:... SkT v Oc g Continued B. BiPASS POtlPItlG REOIIIRfitlE11TS l• Bypass pampa must have, at minimum, ssme capacity ae existing pumps. 2. Contractor to have a standby/backup 6ypase pump on site at all tiees. 3. Bypass pampa must be able to operate in can unction rith each other or be interchangeable. 9. Contractor ie responsible for ell monitoring of bypaee . pumping end shall ensure that residential mufflers are used on diesel pumps. 5. Contractor moat certify to Orner bypass pumps ere capsble of hsndling peak flora at each lift station. 5. Contractor oust monitor pampa 2d hours a day rhile in operation. 7• Bypeee pumping rill be required any ties influent to lift station rill be plugged for 30 minutes or longer. C. CONTRACTOR ElPRRIENCE 1. Contractor suet have at leeet 8. years pant experience Sn the installation of fi.berglees retrell liners. 2. Contractor must have •t least 3 employees trained in the inetellation ^nd tebrication of tibergless retell liners end have the ability to field reld fiberplsss. A letter shall be submitted to Orner, upon request, verf tying Contractor'• training. 3. Contractor must inetell retrell liner rith hi• orn employees. Na subcontracting of liner inetellation rill be alloyed. - 4. Contractor must demonstrate to Orner hie ability to accomplish the bypaee pumping rithout any service interruption. CITY OF ri~autle ~iaelc - 7let!(%q SMT S o0 8 we s®~m+o(t swo ATW+nclF'+101. FWa~I 7111}-S/l5 7&ARORE ON11lFlFUO FAX OOn IfFlpl A. LZH6g INSTALLATION 1• Contractor rill uee fiberglaee liner wmeting ASTM Spec /3753 as manufactured by L.F. Manufacturing Ina., or approved equal. 2• Remove retrell top and piping 3• Reeove benching in retrell. 4• Clean ^ny debris from retrell end preeeure rash completely. 5• Plup active groundrater leeks. (dereter it needed) Annulez space between retrell and liner should not be poured rith active groundrater leaks present. 6• Cut required openings in retrell liner Sor existing suction piping snd extend any piping or flanged piping beyond snnular epeces. 7• Pour 2' of 10 to 1 grout mix in bottow of retrell mnd eat liner in retrell pluwb and flush with bottom of retrell embedded in grout. B• Reinstall ell piping prior to pouring annular spaces. 9. Pour grout six (10 to 1) to Sill annular apace. Grout to be consolidated continually by wechanical weans during pour. 10. Allor 4B hours Sor grout to cure before top slab is installed. 11. The underside of retrell top slab shall be coated rith either Fosroc, Rezclsd, or strong eystew coating. 12• Top slab to be installed sitar coating has Deen eowpleted.- 13. Inetell ner benching in retrell bottow. 14. Contractor to reinstall SCH B0 bubbler lines and basket strainer and slide and associated sechanisws rith 31655 fasteners •nd clawps and field seal •ith manufacturer approved resin. (M1gL ;nl un;n) ~~ )';A I I I II.M1;hc~ J 1 ~ c-~S~E L__ ~_. -Wi6t'fpHf CROIf- ~ Fi ~.eglass LWf jfF $Pel. L , )ves 7o u>,+F 3" C.It ARA.riG FR[.++ wl/W[LL WALL Z~ qtt /~~~CLS SECTION N. T. S. ~Vp~21rs ;' G •S~c}-i.w pyu:s ryGTrM~ [~ ~~y 5-Yr ¢ F 8 Fprx~ ~ qT SFE SpIG. r .. 1 T . 'T^~~T~t. .._ ~+~ 11~ _~_ Ifs' ~ III Ali II~~ III. .f~i ~~~ Iii :If( .; •~,-, . S-IT 3 oc ]7V iar NOTES ~. NETM91fIBtESf941arwro lE Cnnr -.+.-: 90' 2 NET Vfil11~1(~A1~FMRal®.TETIID.i AST.N Y!3 ~FMCAlp6 WNL M(%nBS [ETA ~~NO RVrtrB10F tl6t AVAILABLE INSIDE DIAMETER o' ~ zw N,q~ o,YE7g~ T1A1 iz- a NSpE ONMErg+ 4181SM~Y~ ~ NY NO6rBlf5 P! L~1111 OAMEI MAXIMUM DEPTH 45 FEET SHT 2_ oe8 A.5 Defects rot pe[mitted: a. Exposed fibers: Blass fibers hot wet out with resL~. b' ~~ ~: Wins of resin end sand m the surface. c. Dry areas: areas with glass not wet out with resin. d. De>andr~etim: separatim in the ate. e. Blisters: light colored areas lazger then ll2 inch f. >n diameter. . Cr'azirg: cracks caused by sharp oD~ects.. B• Pits or Voids: sir Pockets. h' Wri+~cles: smooth ixz'egulax•ities in the surface. i• Sharp Pro~ectim: fibex• or resin PtroJectims neces- sitating gloves for handlin8. A.6 l ]sti~to- conQlete wetwell shall have a mLtimm ence with sectia~n n.7r 11y~tabiilsh thus matins, tt,ecco~ °~e man low shall not leak, creek, ~ suffer other _ deflect verb ~~ to 40,000 ft-lbs aid shall not of load applicac t1Y ~'e than 1/4 ind~ at the po7nt ]Waded to 24,000 Ibs. . StifY}rss: 'ihe retwell cYllyder shall have a min7mm~pipe- stitYl7ess values shoYn in Table 1 ~ tested Tn acemdance with Sectim p.7, Table 1 St12Y1tess Re ' ~th~Ft. 10 ®ents F Y ffiS ' .O1 -__ .. • 21 to 3p 31 to y 3.02 n - S 24 P~h'si~'_°°: s• Tensile Stirngth (Psi) HOOP ~ Dlrectim ~6'b~- Axial Dii'ectim c. Flexta al StatrlBthp(psi) 0.8~z 106 0 7~6 d• Flexucgi Modulus (ps1) 26,000 4,500 (with ribs ~896"~ig4~~) 1 .4 x 106 0.7 x 106 0 7210 07x106 A.7 Test Methods: Tests shall be pe.p~~ as ~~-latest editim, Sectim 8. - ~~~ ~ :_. __. SPECIP_ I-pI~NS FIBERGLASS WES'WELL LIaEBS A.1 General: Fiberglass reinforced manufactured fras cam~oiel Polyester netxells shall be suitable polyester or vinyl e. ~e polyester resin or other re7ni'orcements. Wetwell shall be a opera' with tYberg7,ass tureU by L. P. Marazt'acturirg, inc. or anPBece ~t manufac- A.2 ~ PPrrned eoual. Materials: rated 1f~e resins used shall be a camrrc Polyester resin. Sal ES'ade unsatu- Relnfor'c Materials: 1t~e reinforcing mater commercial Grade E type Bless in the form of sets conltin- oche y~3' be w~ at°~~g tathatwill provide slop suitable Blass reinforcement and the resin. surr~~ ing`,gt_ ~: it neinfarcing materials caonen exposed to the cmtalned substance ~ used on the _ , it shall be a suitable bord~ewithl the resin and leav~ ~t will la'ovide a Fillers surface. and Additives: Fillers, Mien mod, shall be inert to thixotropic agent cetel ~canstxvetion. Additives, such as as reeu~,bn by the~specilYe ' ' etc:, m~ 6e added R1re result]ng reinforced ~ett¢~~ process to be used. meet of this speclficetion~tic material must meet the revuire- A•3 ~br'legtion: . Extetl=awe: 11r. extelia~ ~ _ .~ -- enaigh resin'Sis ~es~aite t~,o~ hard-smirk f~shllsiacceptable surface shall be f ~ shot. ~~ ~ ~~ diameter delendnatdon and A•u interior Mace: Rhe Urtez•i~, aia~face shall pe resin rich with _ ination~'~~ then ash ~b~free of craning, delam- up to 6/~h ~ 8reater Sn depth, Suri'ace pitdi~ }@ial'l ~ Permitted square feet if Mare less than 3/4 Inch in diameter and less than 1/16 Inch Bid prices mwt remain valid for sizty (60) days after the public opening of the bide. Coods and services ptopoaad shall meet all raquiremente of the Ordinances of the City of Atlantic Basch. The City of Atlantic Beach raservea the right to reject any or all bide or parts of bide, waive informalities and technicalities, make award in whole or part, with or Hthouc cause, and to make [he award in what ie deemed to be Sn the beet interest of the City of Atlantic Beaeh. PUBLIC ENTITY CRI1ffiS - Any peraoa ec`n1t [ing a bid or proposal in response to chie inviution wet ezecute Porm PUR 7068, SYOgp gTAT@fBNf ORDER SECTION 287, 133 (A), PIARIDA STATOTES, ON PUBLIC ENTITY CRIMES, including proper check (e), 1n the spate (a) provided, and enclose it with the bid or proposal. Noraver, Sf you have provided the completed form to the aubmit[nl addreae listed in [hie invlta[Son and It vas received en or after Jmwry 1, 1993, the completed form ie not required for [he balance of the celeadnr year. - IDENTICAL TIE BIDS - In accordance with Section 287.087, Florida Statutes, effective Janwry 1, 1991, preference shall be given io buefnesees with drug-free workplace programs, Whenever tw or sore bide which are egwl with respect to price, gwlity, and eervic• are received by the state or by any political aubdlviafon for the procurement of eo_oditiee or contractwl services, a bid received from a buelnea8 Chat certifies that it has implemented a drug-free workplace program shall be given preference Sn the award process. Established procedures for processing bids will be follwed if none of the tied vendors have a drug-free workplace progra. A form for [hie eer[ifica[ion Se included with the bid forms. Joan LeVake e a a a a a: ~ e a e a a a** a a a e a a a a a eaacxaf~B,tAxeata a s FLORIDA TINES-UNION: Please publish TWICE: 1) Wednesday, May 5, 1993, A.VD Submitted by Joan Lsvake)_Sunda5818.y 9' 1993. CITY OF ~aadle $tauE - ~lo:ldq, ew sFAmvolE a1JAn ATLANTIC aBACx, PIUR~i J1D1JMJ T'EI.FANNIH 11aq Xl-S80a FAR Daq 2fFJ10J Hay 5, 1993 CITY OP ATLANTIC BEACB INVITATION TO BID NOTICE 1s hereby given that the City of Atlantic Heath, Florida, will receive sealed bide in the Office of the Purchasing Agent, City Hall, 800 Seminole Road, At lantie Beach, Florida 32233-5445, until 2:00 PN, Thursday, Nay 27, 1993, after which time bide will be opened and read aloud to FABRICATE AND INSTALL SIR (6) PIBERGLASS 17ETNELL LINERS. Bids moat be submitted in duplicate, and shall be enc lnaed in an envelope endorsed "BID N0. 9293-20, PABRICATE AND INSTALL SIR (b) NET4ELL LINERS, TO BE OPENID APTER 2:00 PN, THURSDAY, NAY 27, 1993." Specifications and Bid Potms, and Snformation regarding the bid, say be obtained from the Office of the Purchae ing Agent, 800 Seminole Road, Atlantic Beach, Florida, telephone (904) 247-5818. Bidders are required to visit the site of [he veivells before bidding, unless previously visited in October 1992, and attend a pre-bid conference at 2:00 P!i on Thursday, Nay 20, 1993, at the Atlantic Beach Public Works Facility, 1200 Sandpiper Lane, in Atlantic Beach. Contact TLn Townsend, telephone (904) 247-5842, to schedule site visit. All bidders must furnish the following HITH THE BID: 1. Bid Bond In the amount of SS of the bid. 2. References testifying to the quality of work. 3. Original (copies are unacceptable) Insurance Certificates, naming the City o.' Atlantic Beach ae Certificate Holder, shoving [hey have obtained and will continue to carry duringthe life of the contract: (a) workers' Compensation, (b) Public and Private Liability, and (c) Property Damage Insurance. 4. Initialed copy of apecifice[iona showing proposed conformance to each and every item therein. A Performance and Payment Bond will be required of the successful bidder. BID N0. 4293-20 - FABRICATE AND INSTALL SIE (6) PIBERGLASS WETWELL LINERS Nailing Lie t: The Pace Covpaay P. 0. Box 51603 Jacksonville Beach, FL 32240 John Woody, Inc. P. 0. Box 60216 Jacksonville, FL 32236 C S J Utilities Construction, Inc. P. 0. Box 957 Nacclenny, PL 32063 Gruhn-Nay, Inc. 6897 Phillips Parkway North Jacksonville, PL 32256 M Site and U[Slity Contractors 8300 W. Beaver S[tee[ Jacksonville, PL 32220 Water and Sever Utilities Coa[ractor 9001 Noroad Jacksonville, FL 32210 A. J. Johns, Inc. 3225 Anniston Road Jacksonville, PL 32216 Meadors Construction Company 4855 Lenox Avenue Jacksonville, PL 32205 Envlroq 11511 South Phillips Highway Jacksonville, I+L 32203 Coastal Alloy Pabrica[ion, Inc. 2670 Rosselle Street, Su1te ~7 Jacksonville, PL 32204 E1k1ns Construction Company P. 0. Boa 2396 Jacksonville, PL 32203 Jensen of Jacksonville 9100 Phillips Highway Jacksonville, PL 32246 Roblar Construction b Engineers 2009 N.W. 67th Place Gainesville, FL 32606 NGA Construction, Inc. 1316 Pru1t Cove Drive North Jeckeoaville, FL 32259 Nilmir Construction, Inc. 1617 Rowe Avenue Jacksonville, FL 32208 Indian River Industrial Contractors 6353 Greenland Road Jacksonville, PL 32258 Or[egn Industrial Coa[rac[ors 6415 Greenland Road Jacksonville, PL 32258 Dodge Report Construction Bulletin Criner's A-1 Pipeline 21902 State Road t46 1 Nt. Dora, PL 32757 Carbaline Company 4298 Windergata Drive Jacksonville, FL ;2257 0 M i. ~ w f%I ~1 C ~ Y y ~ ti v¢ ~1 M Q Y K Y O ~ 'N 0 m h x ~ ~ V ~] a .W u G N Y N .~{ pT ml L G ~ O C 0 cx ~ u 4 q V '] a o m I~ Y ..j ~y u {y ~ . ti ~..~ M T LL a c LL= ~ ~ V b u F~ ~~ Um V Z V W Q N J Y ~ ... Q 9 rl O i O G 2 O m cx L V O Y ^'~ ti t V T q C Y 4 m 6 B Y O .y U.4 M Y > V C W 0 O S a m .~ x Y Y u o r m .y F ~ W ~_ % N .. a mw z J H .~ .i F .] vl .~ ~ ~ N I ~~ ~ Q Z N m y P oas z~ ~ ~ Oz w 5~~ a o c F LL m ~ R .. a w O •• V H w ii w F v ~ ~ ~ ~ + I ~ q 00 K m w e e r~i C O U ` U IY r i O .77 ~ ~ ~ ~ p ~ U ~~ ^l a V d p U p f j ~ m ~ ~ ~ ~ m Q ~ w 8g8 3 ~I „ ~ V 5 V ~ m ~ s p F ~j I ~(T i p e W yO( f '! p pN ~ . r~i F q N M L W f O U d fi CITY OF ~ 8iaelc - ~leu,{a A ~81xaF(FFFJt WVE n'AM(C ~. PlgaOw I127yym1 BONE aMl 1p~atm FAI ~ }~yW June ~, 1993 M E N D R A N D U M TO: Joan LaVake/purchaain g Agent FROM: Robert S. Koeoy/Director of Public Works ~~j/~5r`(/ RE: FABRICATE AND ISTALL SIX (6) FIBERGLASS WETMEi,L (,I NERS A bid opening ras held on 5/27/93 at 2:00 p. w. for fabrication and installation of six (6> fiberglass retrell liners. The bids frow the Contractors are as follova; 1• Indueon Corporation 2• Gruhn Ksy, Inc. 8156,275.90 8183,069.70 Both Contractors have eowplied rith the specifications. We recommend that the •rard go to the for bidder o1 Inducon Corporation. Funding source is pending • losn Prow Barnett Bank. RSK/wc cc: Kim D. Leinbaeh/City Manager File - 93-AB-FML s SD. CITY OF ~[laftle ~rar4 - ~letlala mm sBmrmE w5n ATLANitC BGCfI. PI.ORm1732115,15 iE18110NE (5et1 SfFSMe FAI 15a512f17aL June 28, 1993 AYARDS CONMlTTEE MINUTES TNURSDAY, N.4Y 27, 1993 The Awards Co®ittee met on Thursday, May 27, 1993, at 2:00 PM, to receive bid advertised ae Bid No. 9293-20 - PABRICATE AND INSTALL SIX (b) FIBERGLASS HETYELL LINERS. Present at the bid opening were City Manager RSm Leinbaeh, Assistant Public Works Director Ernie Beadle, and Purchasing Agent Joaa La9eke. Invitations to Bid were mailed to nineteen (19) prospective blddera. 1WO (2) bide were received as follows: TOTAL PRICE BID Iuducon Corporation f 156,275.90 Gainesville, FL Gxuhn Nay, Inc. Jacksonville, PL 183,069.70 It is the conaeneus of the Awards Committee that S[ recommend [o the City Commission that it accept the for bid from Iuducon Corporation in the amount of 1156,275.90, and make the award accordingly. In a telephone conversation rith Bob Xosoy after eubnlt[al of hie staff repot[ on [his bid, the Purchasing Agent was advised that 1t had been Public Works staff's intention to request the[ Che award be made wn[1¢gent upon a requirement that no more than 75 gallons of additional external grouting be used by the contractor, and that nova of [hie additional grouting be done without prior approval of Bob Rosoy or Ernie Beadle. Reepec tfully, Joan LaVake, Purchasing Agent Noce: Funding source - Capital Improverent Program, Atlantic Beach Sever Item 1C Budget amount: 5135,000 CITY OF r~llarlie ~taelc - ~lest~fa aee 67Am~ptt mwn ~M.'YC~B, )32AS,15 FAX ~ NFSIFS T0: Joan LaVake, Purchasing Agent FROH: Harry- E. McNally, Buccaneer Utility Porvarded to you herevith are specifications end other pertinent infor- mation necessary for you to call for bids on project [o be entitled: Handlin Facilit ac the Buccaneer Funding for this protect is identified as follows: Ru _ nTae• ( d _ r e d Eunds with ea approved budgeted amount of f 203,000.00 FUNDING APPROVAL; ~,PU DSrector of Finance ~ ~z- .tom., ~ ,cw ter. DATE: APr11 15, 1993 The City of Atlantic Beach reserves Che right to re~ec[ any or all bids or parts of bids, valve informalities and techniealitiea, make award in whole or par[ with or without cause, and to make [he award in what is deemed to be io the beet interest of the City of Atlan[!e Beaeh. PUBLIC ENTITY CRIMES - My person aubmlt[ing a bid or proposal in response to Chia invitation moat execute Porm PUR 7068, SWORN STATEMENT UNDER SECTION 287.133(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided and enclose it with the bid or proposal. However, if you have provided [he completed form Co the aubmSttal address listed !n thla £nvi[atlon end it vas received on or after January 1, 1993, the completed form is not required for the balance of [he calendar year. IDENTICAL TIE BIDS - In accordance vlth Section 287.087, Plozida S ta[utea, effective January 1, 1991, preference shall be given to buai- aeeses with drug-free workplace programs. Whenever [vo or more bide vhlch are equal with respect to price, quality, and service are received by the State or by any policical scbdiv£sfon for [he proeuremer,t of commodl[Iee or <ont rac coal services, a bid received from a business chat certifies chat it has Implemented a drug-free workplace program shall be given preference in the award process. Eecabliehed procedures for processing bide will be followed if none of [he [fed venders have a drug-f rev workplace program. A form for this certification 1s included vi [h the bid forms and must be submitted with the 61d or proposal. Joan LaYake Purchasing Agent * R * * * # R * * * * * # * * R * * R * * R # * * * R # # R # # * * * * FLORIDA TIMES-UNION: Please publish [vice: Sunday, April 18, 1993, and Sunday, April 25, 1993. Submitted by Joan Lavake - 247-5818. CITY OF ea s~oLH ~ An" i~r BEA~. (f,ORaN 131,)}SfLS TO.FPHONE (f W~ YFlam fAX flat13t/.51D5 CITY OF ATLANTIC BEACH INVITA- T~ T~ BID NOTICE is hereby given that the City of Atlantic Beach, Florida, will 800eSeminole eROaddsptlantic OBeach, oFlorldau322331nunt it n2;Op 1pM Thursday, Ya 13, Y Hall, opened and read aloud 3forfCONSTRUCTION OF [CHLORINEvCONTACT C CHLORLNE HANDLING FACILITY AT BUCCANEER WASTEWATER TREA publicly HAKBER AND Bide shall be enclosed in an envelope endorsed "BID NO, TMENT PLANT BUCCANEER CHLORINE CONTACT CNAHBER AND CHLORINE 9293-18 - BE OPENED AFTER 2:00 PM, 7HURSDAy, HANDLING FACILITY, TO MAY 13, 1993." Bidders may ob [eln complete sets of Bidding Documents from [he Office of [he Purchasing Agent, 800 Seminole Road, Atlantic Beach, Florida, upon payment of 575.00 per ae c, checks payable [o J. Lucas b Aasocia [es, Inc. Payment amount ie non-refundable. Partial seta of Bidd log Docu- ments will not be available. Bidding Documents may be examined by appointment at the Engineers' office (contact James Lucas, P.E.) at (904) 464-0090 and vi 11 be on file a[ the folloving local plan room: Dodge Report 1809 Art Museum Drive, Suite 104 Jacksonville. Florida 32207 (904) 398-1564 All bidders must furnish the folloving WITH THE BID: 1• Hid Bond 1n the amount of Sx of the bid. 2• References testifying to the quality of their vork. 3. Insurance Cer[if fca[es, naming the Ci[y of Atlantic Heath as Certificate Holder, showing they have obtained and and continue co carry vorkers' Compensation, public and private liability, and property damage Insurance during the life of the contract. A Performance and Payment Bond will be required of [he succeeaful bidder. ofd[he ibida ~usGoode sand va ervlcea proposed Oahall sweet ee ll hrequirements nofg the Ordinances of the CS[y of Atlan tic Beach. April 18, 1993 BID N0. 9293-18 - BUCCANEER CHLORINE CONTACT CHAMBER AND CHLORINE RANDLING FACILITY. Mailing Lls[: Meadors Construction Company 4855 Lenox Avenue P. 0. Hox 60039 Jacksonville, FL 32236 Savcrosa, Inc. 8850 Goodbye Execu[ive Drive Buie C Jacksonville, PL 32217-4668 PBH Constructors, Inc. 6957 Lillian Road Office f3 Jacksonville, FL 32211 a a ~: ~i~ V ~o .n 'o ~ ~¢ ¢ 6 ~ X m W m 6 C W P n d O S 2 W U d f x W W Y n _~ z W o O ~ U ~ ~+ a a ~o ,~ ,V Q ~~ ~ ': ~? m m m m m x 'Y Y ' I ~!' ' m m V d F ~ N W N V1 N n Y N Y O U d ~ .1 J F w W {L y > V LL Sm n = D ~ U s = a ti f W ~ I UV ~ o ~ ° ? o °o ~ v d O 0 o I I I 1 .~ O ° ~o I I vI r N r J H u W r N i r a.l N N F Z .y N Q U +1 Vl C Vj M. O Q D Y R I -~i 2 W o 0 0 V I Q ~ d v m .+ n w F V) ~ ~ V d N 0 ~ I W N Ni I ~ l r N d V d N }I i~ Z 2 ." N I .y '~ W h ~ !> G o ~ U Y 6 vai ti ' I N W xxm ~ Y 3 ~. ViH 6 . ~ ~ . DI V F'I~ F H z z U U m I y ~y z ~ ~ ~ = m I < ~y c.~ oL I o ~ O I m l ~ ~H I ~~ ve i y a ~ I ~ ({ Q Q V ~ OI O O I E U z Z 4' ~ ti pl O] I I Z Z ~ Y U S N O I I D l I ~ Sf.i P G 6 ; I W a a O'. m l wl UI ~ N c x a a W .~ L F y ~ y I '~ ° v1 F 2 Q ~i0 m F vI m E S o v v ~ m . = ~ ~ ZI l 61U ' E' .~ Z. Z m C ~ I w g ~ z m o~ of c I S S ~ y ~ m ~ J ~ m ~ y zi V: F I SI ~ z ~ O a K c i O ~ m ~ I W ~ H 4 r I I ~~ CITY OF - ___ _ __ __. ___.__.. A71ANpr VACL.FLOl01~722)J14; ~('~ TnFixone rws 1tFgy -~--=~.~yw fAx l~Ml lfi~ June 2, 1993 M E M O R A N D U M TO: Joan LaVake/Purchaein g Agent FROM: Robert S. Koaoy/Director of Public Norks ~'/~~ Ernie Beadle/Assistant to the Director of Public rorke~4 Harry E. McNally/Utility Plante Division Directoti4l~N~ RE: BUCCANEER CHLORINE CONTACT CHAMBER AND CHLORINE HANDLING FACILITY A bid opening vas held on 5/13/93 at 2:00 p. m. for Buccaneer Chlorine Contact Chamber and Chlorine Handling Facility rith the folloring Contractors submitting bide: CONTRACTORS BASE ITEM ONLY BASE 6 ADDITIVES 1. Meadora Construction 6259,100 2. PBN Construction 6272,580 3. Sarcroee, Inc. 254.864 287,319 272,631.70 302,881.70 •Recommend arard to Meadora Construction base bid and additives for 8272,580. The additives include the chlorination/dechlorination basin, chlorine hsndling facility, instrumentation, piping end appurtenances and replacement of drop pipes and diffusers in the existing digester. The equipment listed on proposal meet apeeif icatione. Sub-cortrectora listed are acceptable. RSK/mc ec: Kim D. Leinbach/City Manager File - CHLORINE CONTACT CHAMBER AND FACILITY CITY OF ~la.itie P~uttk - ~lositfis June 28, 1993 AWARDS COMMITTEE MINUTES THURSDAY, NAY 13, 1993 ~~ w sEMwa.E.utD AMWI'IC aEN-7~. itOR~ lr2V'SMS TELFPFIO^lE pMl DfFSMe iAX flag ~~ The Awards Committee met on Thursday, May 13, 1993, at 2:00 PM, to receive bid advertised as Bid No. 9293-18, BUCCANEER CHLORINE CONTACT CNANBER AND CHLORINE HANDLING FACILITY. Present at the bid opening were Coorm£saioner Glenn Edwards, Director of Public Norks Robert S. Kosoy, Buccaneer Utility Division Director Harry McNally, Asslscart Public "worka Director Ernie Beadle, Building Official Don Fozd, and Purchasing Agent Joan LaVake. Invitations to Bid were mailed to Eour (4) prospective bidders, and plane and ape[ ifications were die played a[ the Dodge Room and the Construction Bullecla. Three (3) bids were received as follows: TOTAL PRICE BID Meadors Construction S 254,100.00 Jacksonville, FL PBN Constructors 254,664.00 Jacksonville, FL Saucross, Inc. 272,631.70 Jacksonville. FL Based upon an evaluation of the bide by Bob Koeoy and staff, 1c ls, therefore, the consensus of the Award Commit tee that it reco®end to the CSty Commiaeion chat ar award be made to the low bidder, Meadors Construction, Sn an amount representing [heir law base bid of 3254,100.00, plus additives, totaling 5272,580.00. kespec[fu lly, Joan LaVake, Purchasing Agent Noce: Funding source - Buccaneer unrea[ricted vastevater reserved funds Budget amount: 3203,000.00 CITY OF ~tlartie ~ta~,lc - ~lotidq, aeo sFwv+oLe ROAD ALLAKI7C RGCN, PIgR~ ~}5{~5 TO,FPppNB OaQ 2fFlWO P17[ Oaq 2f/.yp5 DATE: 4/14 f3 T0: ]oan LaVake, Purchasing Agent FROri: ERNIE BEACI.E AsiS~Jr To ~iAHuL N/wrLS D/aFVOic Fozvarded to you herevlth are apecifica[iona and other pertinent Snfor- ma[ion necessary for you to call fonr~bide on prof ect to be entitled: 3Q0 S1Rt'ET i1Np H >w ,1'~n-127 CCx 1wLYn~ S IZfY OR JtT ./O NMt> Cuss De~/e•) e/.nT.+1.:J IZzAuw..,wr Funding for Chia pto~ect !a identified ae follova: -X~~em 2C AB G1/a~r Pro~ecfs F1' 9293 vSth no approved budgeted amount of S ~ 9/ 8QQ llES/4,N ~ C0.1/ST,pUGji04J. FUND~INyGQAPPROVAL: Ji A ~ ~ Director of Finance A/rtaa+~ r .pA.. ~ anlMllri o.ti! q,# p~ecwd .d~A~J , a.~ui~.tl.y ~..Ly ,'~- ,~e I.- plu • 9204-5 _ BID PROPOSAT Proposal of (haze inafter called 'Bidder' Corporation) organized and existing under the lays 1 of the State of Florida, a partnership or an individual doing business as J T0: City of Atlantic Beach, Florida The Bidder, in compliance with your Invitation to Bid on Water Main Improvements for Third Street end Eighth Street Sn Atlantic Beach, Florida, having examined the Drawings, Specifications, and related documents prepared by Connelly 6 Vicker Inc., dated April, 1993, and [he site of proposed work, end being familiar with all the conditions surrounding the construction of [he proposed prof act including 7 the availability of materials and labor, hereby proposed to furnish all labor, materials and equipment, and co construct the project in accordance with the contract documents at the prices stated below. It is the intent of the City of Atlantic Beach [o award the Contract vi thin 14 days from bid dace. Unforseen delays in prof etc approval by the City of Atlantic Beach and/or others may cause a delay in the Notice to Proceed after contract award. The Bidder, Sf awarded the contract, hereby agrees to cos®ence work within ten (10) days after the Notice [o Proceed and complete all work within forty-five (45) days, after beginning work. Furthermore, it is agreed [hat the owner has the right co delete any of the following aid Items with no Compensation made to J the undersigned. Bidder ecknovledges he has satisfied himself as to [he types end quantities of soils and water table conditions present on site and, if awarded the contract, will provide and maintain all horizontal and vertical construction staking for utilities and drainage facilities, and replacement (when needed) of stake-outs and controls. ,] Vick shall be confined to the general limits of prof act sites shorn. Contractor shall repair and restore all areas dicturbed by his construction activities. Bidder ecknovledges receipt of the following addenda: BID CN 6U Contractors must bid on all Bid Items. Award will be based on the T~u1 Eid 1'he Owner re[ Sn th o ti t e7ec all 63d and to eliminate anyT the BLd Items. ~~ BP-1 J PUBLIC ENTITY CRLfES - My person aubmitt ing a bid or proposal in response to this iavi[ation moat execute Form PUR 7068, SWORN STATEMENT UNDER SECTION 287.133 (A) FLORIDA STATUTES, ON PUBLIC ENTITY CRI!lL+S, Sncluding proper check(s) in the apace (s) provided and enclose it with the bid or proposal. Aovevet, if you have provided [he completed form to the submit tai address listed in Chls invitation and it vas received on or after January 1, 1992, the completed form is not required for the balance of the calendar year. IDENTICAL TIE BIDS - In accordance with Section 287.087, Florida Statutes, effective January 1, 1991, preference shall be given fo buel- nesaea with drug-free workplace programs. Whenever two or more bids which are equal vi th respect [o price, quality, and service are received by the State or by any political subdivision for the procurement of to®odities oz contractual services, a bid received from a business that cent ifiee that it has implemented a drug-free workplace program shall be given preference is the award process. Established procedures for processing bide will be followed if none of the tied vendors have a drug-free votkplaee program. A fors for this certFfitatlon fs included with the bid forme and moat be submitted with the bid or proposal. Joan La9ake a r i a * A 4 t a e a a a a * k R# a a e s s *netaaAi•gl~eata a~ +F FLORIDA TIMES-UNION: Please publish one time on Sunday, April 18, 1993. Submitted by Joan LeVake - 267-5818. CITY OF r~Xaartte ~iae% - ~lottda _-- eoo sFavNO~ now _-- A7'LAMIC RFwC9. flAR~t lay}SYS TEIFpmpryx 1~) if/.SmO FAx (1M13tF965 April 18, 1993 CITY OP ATLANTIC REACH INVITATION TO BID NOTICE 1e hereby given that the City of Atlantic Beach, Florida, will receive sealed bids in the Office of the Purchafling Agent, Ci[y Nall, 800 Seminole Roed, Atlantic Beach, Florida 32233, until 2:00 PM., Thursday, Nay 13, 1993, after which time the bids will he publicly opened and read aloud for WATER MAIN I!@ROVENENTS POR TNZRD AND EIGHTH STREETS Ln Atlantic Beach. Bids shall be enclosed in an envelope evdozaed "HID N0. 9293-17 - WATER MAIN ~PRpVENENTS POR THIRD qND EIGHTH STREETS, TO BE OPENED AFTER 2:00 pN, THURSDAY, NpY 13, 1993." BSddere nay obtain compleie seta of Bidding Documents from the Office of the Purchasing Agent, 800 Seminole Road, Atlantic Beach, Plorlde, upon payment of j30. 00 per net, checks payable to Connelly 6 Wicker, Ivc. Payment amount is non-refundable. Par[Sal Bets of Bidding Documents will not be available. All bidders must furnish the following WITH THE HID: 1. Bid Bond in the amount of SS of the bid. 2- References testifying to the quality of their work. 3. Ivauraace Certificates, naming the City of Atlantis Beach as Certificate Holder, shoving they have obtained and will continue to carry Workers' Compensation, public and private liability, and propertq damage insurance during the life of the contract. A Performance and Payment Bond will be required of the successful bidder. Bid prices must remain valid for sixty (60) days after [he public opening of the bids. Goode and services proposed shall meet all requiremen [a of the Ordinanees of the City of Atlantic Beach. The City of Atlantic Beach reserves the right [o re3ect any ar all bide or parts of bide, valve informalities and iechnicali ties, make award in whole or part with oz without cause, and to make [he award in what !s deemed to be in [he best interest of the City of Atlantic Beach. Bid No. 9293-17 - STATER MAIN IMPR04"EMENTS, THZRD AND EIGHTkl STREETS Mailing list: United Brothers Development Corporation 2960 Hartley Road Jacksonville, FI. 32217 MGA Cona tructlon 1316 Fruit Cove Drive North Jacksonville, FL 32259 Petticoat Contracting 11025 Blasius Road Jacksonville, Florida 32226 Braddock Construction, Inc. P. 0. Box 51328 Jackaonv111e Beach, FL 32250-1328 M Site b Utility Contracting (First Cosec Plumbing] 8023 Neet Beaver Stzeet Jackacnv111e, FL 32220 John Woody, Inc. P. 0. Box 60218 Jackaocville, PL 32236 Conetruc[ion Bulletin (Gill Pick Up) Dodge Report (N11: Pick Up) .: ~_:._~_.....~r~..._~.::.y. ~. zh....:~.. . ~ ~ ~, g N a x ~ ~ a g as 0 W V ff r Z g d a Y O ~ v LL ~ ¢ m m ~y = a u a H OV s e a ~ W ~ ~ _ (~ V W V O 9 O _ F 6 M a M u Z d ~ Q ` Y L ~1 J Y I ~ >° e d Q U ~ G w Q O H G L ~ m t ~ C Y 7 V O 10 ~ V a 9 d Q q ti U ^I ' 6 V e y y y y y y U I H w 7 W '~ W 'Y W Y W Y W ! W i~ u a F ~ ~ ~ 3 U a O ~ H a .. O V i o z c 0 0 U a d Y a ~ V f d H U E "Yi 2 H h ~ t m .• o .. s z a. ~ ~ ~ a ~ I y Z p~paa~~ O ~ I ~r W~ .~ W ~~ y >~" ¢ ~ ~ ~ 3 c (~ I ~ U ~ ^ N "' .q. a~ ~j Z w ~ Y Q I •t q U U S hl YWI O £ R Q m m a O y W Z < q U a, Q M m s z r . 1 Z z~ 0A ~ F~ + m ~ r q W h m ~ xp m 6 O H LL W m F F 2 W O U s ,,, o ry °` ~ z ~ g '7.". I " N 2 F < _ g m w Y N ~ m Y w Y w w y ~ C Y >. C a ' ` ' Z ~ ~ c o u 0 q~ F w E ~ C ~ ~ O C v 0 ~. ~ ~ F O O w m = an ~ ~ ~ o P fy Q o N v .i ~ ~ w Y w Y w Y w Y w Y Y w (~ u ` ~+ ~ V1 N ~ l r a o.~ W w U 4 ~" ~ a a w K m ~ _ U ") ~ W °~ m a (J W g ^1 41 V) Vl Vl N fq O H ~ ~ Y Y Y Y Y Y ~ ..". '~ Y .a O gc W 1L = ~ Y n OU ° } n 2 ~ .. W ~ V m ~ W o U C ~ _ FF.. u d ~ Z Q U °y u H o I y yw, y aw. y aW. y r w W Y fn w Y J F m " X IYY v "' a O M Uri W S° g ~b ~ ti ~ W ~ N g ° N N p. ~'1 o G `~ W Y O Z W Y w Y N Y W ~ ~ x F .Yi IY O 2 .1 m~F Y © ~ ~W g w > u ~ ~a~ ~ z I m • ° . o z N IF Y 4 p~ 0 Z ~ ~ Y ~ " ~ ~ I vi F 6 .. e w o W ~ W B7 w ~ ~ ¢ U o Z }C s 3 a S x ti n H yNj w ~ < V Y O w m O o w a .y F„ LL S ~ P ~ ~ Q G U V .~ = O 2 z ~ C 0 ~ p O t p C 6 C pc Z tJ O F L ~+ ~ ~ F G {~~ { 4 ~ C O ~ J 3 F ? F .y m W K w a O ~ 2 H LL O m F 2 W O U ~i CITY OF - -_. _. _._ _..._-.___ n00 S1\DHPFR IA\e -_ ATIAYTIC aEACN. FLOam11321J1m1 TELEPHO.YE 190111fF%i1 May 17, 1993 N E M O R A N D U A T0: Joan LsVeke/Purchasing Agent FRON: Robert S. Koeoy/Director of Public Norks Ernie Beadle/Aeeietsnt to Director of Public M f~ RE: HATER MAIN INPROVEMENTS FOR THIRD AND EIGHTH STREETS SmprovementegforeThird andSEighth Street0s rl th the folloringn Contrsetor'e submitting bides CWTRACTORS BID 1• lIGA Construction 2. Brsddock Construction 8138,849.42• 3. John Moody, Inc. 140, SB0. 00 4. First Coact Plumbing 146, 348. IB 5. United Brothers 146,452.90 6• Petticoat Contracting 159,670.23 171,821.70 •This total ras omitted frow the bid form, put unit prices rere mdded by Ernie Beadle and checked by Bob Koeoy to determine the total bid price. Bob Koeoy spoke rlth the aDParent for bidder, Toe Brsddock Construction, end informed hi^ that MGA Construction subwitted a lover bid end that the recommendation could be to arerd to MGA. Tow had no ob,J action to the Clty srsrding to the actual for bidder, MGA Construction. The funds budgeted for the protect rere Q90, 000. 00 under itew 2C of the Capital Iwprovement Program. Ne recomwend deleting bid itess 38, 39, and 40 thereby reducing the for bid by 618,597 for ^ total of •120,302.42. Please see of the bid speeificatione. The additional funds prequ Bred rill be used frow item 2F rhich i• budgeted at e198, 000. 00 in FY 92-93. RSK/EB/sc attachment cc: Kim D. Leinbech/City Manager File - MDL 3rd i 8th Streets J CITY OF ~awtle $eaa(c - ~loslda rm se..m+at moAm ATIAMfIC mBAg1. FIUm~ E2t15N5 'IPJSp110ME Oao ]fFlMa FAY lion XLS~S June 28, 1993 AWARDS CJMMITTEE MINO7ES THURSDAY, MAY 13, 1993 The Awards Committee met on Thursday, May 13, 1993, at 2:00 PM, to receive bid advertised as Bid No. 9293-17, WATER MAIN IMPROVE!ffiNTS, THIRD AND EIGHTH STREETS. Present at the bid opening were Co®isaioner Glenn Edwards, Director of Public Norka Robert S. Kosoy, Buccaneer Utility Director Harry McNally, Assistant Public Yorks Director Ernie Beadle, Building Off iclal Don Ford, and Purchasing Agent Joan LaVake. Invitations [o Bid were mailed to eiY (b) prospective bidders, and and plans and specifications were displayed at [he Dodge Room and the Construction Bulletin. Six (b) bids were received ae follows: TOTAi PRICB BID MGA Cone[ructian S 138,849.42 Jacksonville, FL Braddock Conat ruction 140,580.00 Jacksonville Beach, PL John Noody, Inc. 146,348.18 Jatkaonville, FL M Site 6 Utility Contractors 146,348.18 Jacksonville, PL United erothera 'Development Corporation 159,670.23 Jacksonville, FL Petticoat Contracting 171,821.70 Jatkaonville, P:. Based on an evaluation of the bids by Bob Rosoy and Ernie Beadle, and their reco®enda[ion to delete three bid items for a reduction of 318,547.00, it is, therefore, the consensus of [he Co®itcee [hat i[ rec oa®end [o c:e City Commission that i[ accept the low bid from KGA Construction in the amount of 5120,302.42, and make the award accordingly. Respectfully, Joan LaVake, Purchasing Agent Note: Funding source - Item 2C Atlantic Beach Ya[er Pro,j acts PY 92/93 Budget amoun r. S9J,800 ..:. 5. SLUDGE IIAIIAGF]IEMT - On October 9, 1993 the landfill rill not accept the City's sludge. To prepare far this deadline re need to advertise for a hauling contractor Dy early August 1993. This hauling rill continue until a long ter^ eolutlon ie designed by Pitwan-Nartenetein •nd constructed at the AB MMTP. Hauling rill have its orn inherent problews because land application is subject to wore stringent regulations than application at the landfill. 6. LIFT STATION ELAPSED TIDE READISGS - Subsequent to the last Mater and Serer Cowwitiec Meeting, the figures Prow the Elapsed Tiwe Readings indicated that approxiwately 500,000 GPD ie due to infiltration. The continuation of Major Serer Rehabilitation in the Capital Iwprovewent Prograw should help reduce the effect of infiltration. RSK/tb cc: All Attendees File - 93-MSCR S~ CITY OF 1QllaArtit 8'tat(c - ~(eudq moo SInDPIpFJt LAnE _- - -_ _.. _-._. _..___'_ ATLAnTIC aL.1CH, FIpamA J321.1~}a `~ TELEPHOnC OOr 2!A%N -~~i_ _ FAX (9pr 2l1AAU June 21, 1993 M E M O R A N D U N TO: Kim D. Leinbach/City Manager FRON: Robert S. Koeoy/Director of Pu61ic Morka~ RE: MATER AND SEWER CONKITTEE REPORT t42 The Mater and Serer Committee met on June 17, 1993 and the attendees rere: Kim Leinbach, Kirk Mendland, Alan Potter, Tim Tornaend and Bob Koeoy. Itewe of discussion rere: 1. NEAT PUNPS - Me discussed the draft letter frow the City Manager to the residents of Atlantic Beach regarding rater-to-air heat pumps. It vas agreed that reaidvnte comply by October 1, 1993 and inspections begin at the same time. 2. EPA ENFORCENENT ACTIDM - The City Manager reported that the EPA roe placing their Administrative Order regarding the pH monitoring in an inactive status, i. e. the City could not De fined. 3. AHERN, 9TN, YECUNA AND SEIIINOLE NOAD - Bob Koeoy reported that the project at 9th, Vecuna and Ahern Streets roe progressing cell, horever, proDlewe rith rater valves rere encountered at Eaet Coast Drive antl Ahern Street. These problems could be resolved Dy City forces installing tro (2) hydroatopa and change order cork by the Contractor to install a 8• X 6• cross. 9. RESIDEMi OBSERVATION AMD PRDFESSIONAL SERVICES - Bob Koeoy informed the Cowwittee of the need to obtain Consultant Engineering and Inspection Services for the 3rd and 8th, Chlorine Contact Chawber and Metrell project e. The Capital Iwprovewent Prograw is beginning to add many projects and Ernie Beadle can only inspect the current projects. The Cowwittee supported this request. CfTY OF ~~ w samvotE ao~a Aii.~lnlt iAL$. PLOI{Ow W11S~lS LLRBOwe Oaq fnlN Ru IM,1 N~91tl To: 1Cim Leinbach, City Manager Prom: Jim Jarboe Date: June 24, 1993 Re: JTA Ocean Park ~ Ride Commissioner Fletcher has been working with the JTA to resolve the parking problem related to people going to the O^_eaa. JTA has agreed to provide a park and ride to solve the problem. The bun will pick up riders at the Pic-n-Sav parking lot dropping them off at various points along Ocean Blvd. Thin shuttle will begin operation oa the Cth of July and continue on weekends throughout the summer months. Jacksonville Beech will have a similar program. The JTA would like Atlantic Beach to show its commitment to the project by securing permission from Pic n Snv to use their perking lot and a contribution toward the proaotioa of the project. Since Commissioner Pletcher is out of the country, 2 Lave talk to Pic n Sav. Theq are to get back to me with their decision. CITY OF ATLANTIC BEACH LONC TERN CONTRACT PAGE 3 3. HEREBY AGREES TO INDEHNI FY AND HOLD THE CZTY OF ATLANTIC BEACH, HARMLESS FROM ANY AND ALL CLA1H5 AND DAMAGES WHICH MAY RESULT FROM THE USE OF THE FACILITY FUR THE PURPOSE AS SET FORTH HEREIN. LIABILITY INSURANCE SHALL BE SECURED BY WITH MINIMUM COVERAGE LIMITS OF ;500,000 AND THE CITY OF ATLANTIC BEACH SHALL BE SNOOK AS AN ADDITIONAL INSURED, AS ITS INTEREST MAY APPEAR, AN ORIGINAL TO BE ON FILE WITH THE CITY. 4. The City shall provide [he Facility on [he days and a[ [he times spedfSed, with a clean, well equipped space or spates, for [he purpose as se[ forth above. 5. This agreement may no[ be changed, altered or modified unless by written agreement 6lgned by both parties hereto. b. The prevailing party in any litigation arising hereunder shall be entitled [o recover reasonable attorney's fees. 7. The CS[y of A[lan[lc Beach will NEITHER ALLOW NOR TOLERATE ANY FORM OF DISCRIMINATION by any person, persons or organization, while they are using a Ci[y Facility. One of the options that could be used in such a case, would be [he IMMEDIATE SUSPENSION OP SAID ACTIVITY SO INVOLVED. 8. EVERY CONTRACT AGREEMENT entered into fur the use of CL[y Facilities, will be renewed annually on OCTOBER PIRST of each year. No one will be allowed to begin, or just continue any ac[ivlty without a CONTRACT AGREEMENT RENEWAL. 9. Any organization that uses [he City Pac it i[y and earns ANY amount beyond a reasonable salary and expenses, MUST submit _; of that profit Co the City of Atlantic Beach for Pacili[y use. DISCLAIMER: (CO be added by the Ci[y Attorney, please!) CITY OF ATLANTIC BEACH RESPONSIBILE PARTY OPFICIAL ORGANIZATION CITY OF ATLA.gTIC eEACN LONG TERN CONTRACT PAGEZ ' ' 2. shall provide [he Ci[y, all reasonable documents and information as requested by the City, including the following: ' (a) Written proof or evidence of authority to conduct the activity a[ [he City's Facility, if [he signee is no[ the principal authority. (b) Written proof or evidence of Liability Insurance, in the minimum amount of ;500,000 noting the Ci[y of A[lan[ic Beach as Additionally Lnsured. (c) Proof of Non-Profit status. (d) True and correct records of account for any and all income and revenues received, including [hose derived from such activities as Concession Sales, Advertising Sales, Admissions, Class fees, Fund Raising Revenues, as well as such records for any and all expenditures, [o be recorded as negotiated. (e) Schedules for all permitted ac[ivi[ie s, true and correct rosters of participants, patrons, subscribers, etc., to include Name, Address, and Telephona number. All scheduling of activities are [o be done through [he Parks b Recreation Director and no changes shall be made unless and until they have been cleared by the Director. Full Calendars of desired days, dates, time slots, NUST BE SUBMITTED, BEFORE Contract can be finalized. (f) A request for any physical changes [o any Facility must be submitted in writing, to [he Ci[y Nanager, PRIOR [o actual changes taking plate. (g) All [rash, at the end of an event, NUST be placed in Che Large Trash Containers or Dumps to rs provided by [he Ci[y and located on [he grounds of any and all Fac Llities. Failure to do so may lead to an additional fee to the user for services beyond [ha[ which our maintenance crew are assigned on daily basis. (h) Advertising signs, banners, etc. displayed by during [he permitted time of the function, MUST be removed upon completion of [he Ac [ivity. The use of these signs must be negotiated before They are Displayed. (1) A Cleaning/Key Deposl[ with a check W be drawn from [he attoun[ of Che Con[racting Organization, in the amount of 550 is required by all. (j) Salatie s, if par[ of [he financial arrangements, will have [o be reported up front. (k) Storage Charges will 6e assessed according [o the discretion of [he Negotla[ing Team, for storage spaces. All items will be removed a[ Che end of the activity, [o free up [he spate for some other function. (1) Surcharges for non-residents must be implemented (m) Thls Contract must be reviewed by [he Ci[y Co®Ssslon foz: Special Requirements Special Charges Other "Specials" CITY OF J~flaartie $tatk - ~louda eoo sEa1LNDLe m~D AiLANfIC BFACIi. FLORm1 J221}S~lf TFJ.FAIONE l1 W) N1-5!W FA% If WI K SMS UNIVERSAL CONTRACT - LONC TERN A LONC TERN CONTRACT SHALL BE DEFINED AS ONE THAT EXCEEDS A TOTAL OF 100 HOURS WITHIN A THREE MONTN PERIOD OF TIRE. Tllis LONC TERM CONTRACT AGREEMENT is made and entered [his Day of 19 a[ Atlantic Beach, Florida by and between AUll:IESS PHONE B an [he Ci[y of Atlantic Beach, a Florida Municipal Corpcra[ion, 800 Seminole Road, Atlantic Beach, Florida 32233-5445. the Ci[y is the owner of certain Parks b Community Centers (hereafter referred to as FACILITIES), located of thin [he City limits. NAME OF ORGe1\iZATION OR GROUP desires to use one of the Facilities owned by the City: a. for the purpose of: b. on [he following da [es: c. between [he times of and The Par[les desire [o insure that [here are safeguards and protection for each party, regarding [heir respective obligations and potential liability; and that each pa r[y is accountable for any and all funds raised and expended is Che use of [he City': Fac ilf ties for the purpose as se[ forth above. The Parties are Sn full and complete agreement regarding all to rme and condition) as set forth herein. Long term shall be defined as exceeding 100 within 3 months. In consideration of [he mutual revenants and agreements as slated herein, [he use oC [he City's Facilities and oiler valuable considerations, the receipt of which is ac knovledged by each of the Parties, IT IS AGREED AS FOLLOMS: 1• aha 11 have [he right tc use in the City of Atlantic eeac h, for the purpose of LONG TERN CONTRACT GUIDELINES * Long term shall be defined as exceeding a total of 100 hours within a three month period of time. * Length of Contract: negotiable annually. * Proof of Insurance * Financial Statement * Rosters must be furnished, with Names, Addresses and Telephone numbers. * Calendar (City should put a Nas[er Calendar on the Computer System and days and times would be available [o all City Departments). * Salaries, iE part of [he financial arrangements, will have to be reported up front. * Storage Charges will be assessed according [o the disc re [Son . of the Negotiating Team, (the CS[y Manager and his apointees), for storage spaces. All items will be removed a[ the end of the activity, to free up [he apace for some other function. * Proof of Non-Profit status must be submitted at [he Con[ratt signing. * Cleaning/Key Deposl[ must be made by check draw on Contracting Organizatioo'a name, in the amount of ;30. * All signs are [o be negotiated. * Surcharges for non-residents must be implemented. i ~t,~,;'j ~'~,,, (~ (~~~p :~ ~~~ ,h~ ~ ~-r~ '-vin . CITY OF ATLANTIC BEACH SHORT TERM CONTRACT ' PAGE 2 THIS CONTRACT IS HOT TRANSFERABLE. All Reservations MJST be scheduled through [he Parks 6 Recreation Director or Designee, BEFORE planning, A CALENDAR of necessary days, dates and times MUST be submitted, BEFORE planning in order (o irsure the space availability. STRICT ADHERENCE [o [he time frame reserved, will be enforced. HHEN AN EVENT IS HELD IN ANY CITY PARR, THE FOLLOHING GUIDELINES APPLY: (a) Name of .function: (Hirthday party, family reunion, etc.) (b) Any special need:(handicap picnic table, ball field, grills, etc.) (c) Number of people expected to attend. (d) Length of [Ime of even[ from beginning [o end, including set up and clean up time. (e) You are responsible for [he trash YOU generate. Empty [he trash you accumulate during your celebta[ton, into the [rash cans provided and into Che dumpsters, if you exceed [he [rash cane se[ out for your use. IF THE CITY IS REQUIRED TO CLEAN UP AFTER YOUR FUNCTION, AN APPROPRIATE BILL HILL BE SENT TO YOU FOR CLEAN UP, INCLUDING THE EXTRA MANPOHER AND TIME. (f) Responsibility for the Res[rooms are also part of the facility use. Please convey [o your guests [ha[ YOU will be responsible for the condition and/or repairs of [he resCrooms after you have used [hem. (g) If [he assigned facility is not occupied by the applicant within (30) thirty minutes pas[ [he scheduled starting time assigned, the contract becomes null and void and the facility may he used by others. Please be sure Co call us a[ least 48 hours in advance of the day you wish [o use the facilities so [hat ve may have you sign [his contract and that ve may properly prepare [he area. Reep this copy of the Contract with you a[ all times. Should you encounter any difficulties with other citizens, report [o [he Police Station and they will take charge. The signing of this Contract by any group or person, will FUR7HER HOLD THE CITY OF ATLANi1C BEACH AND ANY OF ITS PERSONNEL, HARMLESS. ANY INJURY, SMALI. OR LARGE, HILL NOi BE THE RESPONSIBILITY OF THE CITY OF ATLANTIC BEACH OR 1TS EMPLOYEES RESPONSIBILE PARTY OR GROUP REPRESENTATIVE ADDRESS PHONE / AUTHORIZED PERSONNEL FOR 7NE CITY OF ATLANTIC BEACH -~~ CITY OF ~tYurtc'e ~caek - ~lozcda aoo sEAlwolE xau ATLANTIC OEACH. Flgt~ J211YSI15 TELFJ't10NE 19011 zfFSl10 fAX 0011 SlFSOOJ UNIVERSAL CONTRACT - SHORT TERM A SHORT TERN CUNTRACT SHALL BE DEFINED qS NOT E%CEEDING q TOTAL OF 100 HOURS WITHIN A THREE MONTH PERIOD OF TIME. This SHORT TERN CONTRACT AGREEMENT is made and entered Chis at Atlantic Beach, Florida by and between Day of 19_ PHONE and [he City of Arlanric Beach, a Florida Municipal Corpora[ior., 800 Seminole Road, Atlantic Beach, Florida 32233-5445 The City of Atlantic Beach agrees to [o utilize space at ty Name 1_AM [o I on ALCOHOL is PROHIBITED, BY LAW, in or outside the City's Buildings as well as in and around qLL PARKS. There is NO C!NRGE fuz use of Facilities, to bona fide residents, living within [he boundaries of Atlantic Beach, at any time, except as stated below in Stem (a). Howe vet, if damage is done [o any of [he properly of [his City during [he assigned s[a} a charge will be incurred by the undersigned. This would include additional cleaning, if required. ALL users will submit a Cleaning/Key Depouit Sn [tie amount of ;,0. THE FOLLOWING TERMS ARE APPLIED TO SHORT TERN USERS: (a) If fees are to be charged, [he contract must be negof ia[ed by [he Negotiating Team. (b) Atlantic Beach Fac111tiea SHALL NOT BE USED for Personal or Corporate profit. (c) All participants will leave a ;50 Cleaning/Key Deposit. (d) In general, NO SALES WILL BE ALLOWED. (e) If salaries are [o be paid, [he amount must be shorn, up front, Included L a Financial Statement. (f) Special charges will be negotiated for extraord Snaty or expensive requests or usages: ball park lighting, tennis lights, permanent storage (anything longer than 48 hours), se[ up, physical changes, etc. (K) Proof of Tax Exempt statue (only if money ie involved). , SHORT TERN CONTRACTUAL GUIDELINES * hort term shall be defined ae no[ exceeding a total of 100 hours within a 3 month period of time. * C~If fees are [o be charged, the contract must be negotiated by the Negotiating Team. * Atlantic Beach Facilities shall no[ be used for personal or corporate profit. * All participancs will leave a ;50 Cleaning/Key Deposit * Fa--graemk; NO SALES will be allowed. * If salaries are to be paid, the amount moat be shown up front, including a Financial Statement. * Special charges will be negotiated for extraordinary or expensive requests or usages: ball park lighting, tennis lights, permanent storage (anything longer than 48 hours), set up, physical changes, etc. * Proof of Tax Exempt status (only if money is involved). * There will be NO CHARGE to a resident of Atlantic Beach for use of any Facility, day [Sme or nigh[ time, unless [he person or group is charging, then, as stated above, [he contract must be negotiated. * - Nagot iatieg team shall consist of the Ct1y Manager end his epoin[ees. ~ti~~ ~ r• h,.u,-s C~ ~~,' / ~' , ~ ~.~G cr~c~~-Q~~. ~ ~_if~: Y , ~L~-e-~ / CITY OF ~'1tlaKtie ~eae% - ~letida eto SENINOLE Row ATUNnc eeACx. PWR~ J32115~+5 TELEPHONE Oaq 3lF5100 FAX (9M) il1dYL5 REPORT OF' THE JOINT MEET LNG OP THE ADVISORY RECREATION BOARD, FACT FINDING C0FIIIITTEE AND C0F41ISBIONER J. DEZNOND WATERS HELD JUNE 10. 1997 We, the members of [he Advisory Recreation Board and [he Fact Finding Cor®iC[ee, recommend the adoption of [he following Parks d Recreation Hanagemen[ Policy by the Atlantic Beach Ci[y Commission. The General Policy: I[ is [he mission of the Parks 6 Recreation Department and its Board, to provide [he broadest menu of leisure and recreational services and activities for the ci[izeno, residents and employees of [he City. In pursuit of its goal to impact and improve [he quality of rife in Atlantic Beach, [his Department will: 1. maintain its current facilities in a safe, sanitary and attractive manner, 2. varloize [he use of its current facilities, 3. enhance and expand programs and activities which meet [he needs and desires of every aegaen[ of the population whether it be children, juvenile young adults, adults or seniors. 4. provide short term (permitted, single event) contractual use of Atlantic Beach facilities with priority gran [ed Co our citizens, residents and employees on a "first come, firs[ served" basis, 5. provide long [e rs (extended or Special) contractual use of A[lan[ic Beach facilities where it is understood that such wnt recta vast be uegut la [ed annually and vast enhance [he general mission of Parks and Recreation or o[he rwlse enhance the quality of life in Atlantic Beach. Exciudiny goverrme n[ agencies and schools, the permitted (short term con[rac [) and extended (long term contract) uses of our facilities ate iese rued primarily for [he citizens and residents of the Ci[y of Atlantic Beach and its employees. f • : ~~ CITY OF f9fllartie tae/ - ~lorisla . a„<.~.,wn,.,,~ ~_-.- -. _ ___ _ __ ATLANTIC SESCN. FLORAS J12/}5115 TELFPHOM18 O0512lYSF0a `_ _ ~ { ' FAX OMI u1~5105 June 21, 1993 HonoraSle Mayor Gull iford, Fe llov Commlsaione rs: The attached are [he results of [he several, join[ meetings of [he Advisory Recreation Board and Fac[ Finding Commic tee, under the chairmanship of Commissioner J. Dezmond Haters. After careful study, [he members felt that Management Policy, Guidelines and Draft Copies for Short Term and Long Term Contracts, would convey [o [he City Commtssion what 9 ci[Szens, 1 City Commissioner and 1 Parks b Recreation Director feel would best salt all users of [he City Facilities. These are [heir collecClve recommendations, submitted [o you for your [onside ration. Commissioner J. Dezmond Haters will report on the attached. HID N0. 9293-19 -ONE BAC~OE-LOADER 4E6 POR PUBLIC NORRS DEPARTl~NT ~ INDIGTE NA!ffi AND MODEL OP NACRINE (ENCLOSE SPECIYIGTIONS AND DESCRIPTIVE LITERATDRE) TOTAL AMOUNT BID POR MACHZNE DESCRIBED: SUBMITTAL BIDDER BY, HUSIHESS ADDRESS SIGNATURE CITY, STATE b 2IP CODE TITLE BOSINESS TELEPHONE Loader: General Purpose BucNet 1.0 cu. yd. Struck cepacit y. Single lever operation. Hydraulic Actuated Coupling Syste^ to allow ettacheent changing by operator while seatetl in Gab (please quote optional pallet forNS and grapple attachaent). BacNhoe: Extendable Dipper with single foot pedal cons rol, hydraulically actuated. 2 6ucNets - Perforated, ditch Gleaning, 14.0 cu.ft. with replaceable cutting edge. 30" Digging Bucket with replaceable teeth. Duel lever operating cantro). Reversible stabilizer pads, street and dirt. Cab: Open with rollover protection, front and reeovable rear lexan operator protective windows. Seat - vinyl, spring suspension adjustable on swivel base. Instruaentat ion: Gauge Type - Oil, teeperaturr, gas and aaperage. Engine Rlara Syste^ - Ruto shutdown on any low fluid level with accoepanying light antl audible ales. Safely lighting - Strobe Type with audible bacNup dare. Tires: Rear - 18.4 % 24 - B ply tubeless. Front - 12 X 16.5 - B ply R4. Warranty: R11 warranty worN shall be parts and labor F.O.B. Rt lantic Beaeh, Floritla. Bidder to state STD. MFO. Narranty. City desires extended warrantyi please quote price on the following: 5 year/2500 hours extended warranty covering engine, powertrain (including transelssion, differentials snd axles), hydraulic puep end valve bankcs>. Extend warranty coverage to be F.O.B. Rt lantic Beach, Florida. rnAU.,nls : PARTS SeR uie e SPECIFICgTIONS FOR BgCKF10E-LOgpER The Following specifications er• intentled to serve as ^iniaue specifications required for the City of Rtlantic Beach, it is requested the following Class Eq uipeent be bid: JCB 214+ CRSE SB0 Super K, CRT 416B, FORD 575D and JOHN DEERE 410D. Only those bids which ^eet or exceed ^iniau^ specifications outlined will be considered. The bid will 6e awarded to the retailer •eeting or exceeding outlined specifications st the lowest cast, subject to approval by City of atlantic Beach, City Coaeission. Manufacturer+s Specificstions •ust accoapany bid at Lice of subaissian, and-product offered •ust be supported 6y local franchised dealer with parts and service capability, 4X4 BgCI(F1DE{ORDER Engine: Type - Diesel. CVL - 4 HP - 65 at 2200 RPM. Displaceaent - 235 CU. IN. Max Torque - 190 FT. LBS. Rir Cleaner - Dry. Eleaent Type . Electrical Syst e• - 50 aap alternato r, 650 CCR. Maintenance Fre• Battery, Transeissiort: 4 Forward Gesrs plus Reverse, Synchro Mesh Syste^ in all gears, shift on the GO capability, Four 41hee1 Drive: Mecheniea 1. Steering: Hytlrostatic Power Steerin ( lease price on optional eaergeney steer quote capability on power loss). Brakes: Wet disk braking sy st ea, pressure cool ed and lubricated. Brake Prdals - Foot operated, ability to int erloek for " road use or torque proportional rear differential acceptable. Parking Brake - Independent systea, operator spplied. contraetueliservieesdi;ibid received ftomua busineaect~tdcertifiea that it has implemented a drug-free torkplace program shall De given bidaevillebanfolloredrlfpnoneaof the hied avendorschaveea drugpfree esing workplace program, A fotm for this certification Se included with the bid fotsa, loan 1aVake e e a a a a• a a e a e* a e a** a a a e a e a :u*c~"i~g*~e~ ik e FLORIDA TIMRS-ANION: Pleaoe publish one time on Sundey, Nay 2, 1993. Submitted by Toen LeVake - 247-5818. .., .7~aa....cn 31.JSu:.,..:W..,-:e~~.i4:sa..:+dri CITY OF r~lla.Flle ~raek - ~la~ttdct a006BT~JOLR ROAD ATLANnC aP.1C1I, FLOROH J23lI.SaS TEI.FPFtONE 000 2t/-5100 FAX (9M)111.5Ce5 7+aY 2. 1993 CITY OP ATLANTIC BEACN INVITATION TO BID NOTICE is hereby given that the City of Atlantic Beach, Florida, will receive sealed bide in [he Office of [he Purehas ing Agent, 800 Seminole Road, Atlantic Beach, Plorlda, until 2:00 PH, Thursday, ALay 13, 1992, after which time chey will 6e publicly opened and read aloud for 017E (1) HACKHOE-LOADER 4R4 FOP. PUBLIC NORRS DEPARTMENT, Acceptable models are as follows: JCB 214 FORD 575D CASE 580 Super R JONN DEERE 410D CAT 416B Bids shall be enclosed in en envelope endorsed "BID N0. 9293_19, ONE (1) BACRHOE-LOADER 4R4 FOR PUBLIC NORRS DEPARTMENT, TO BE OPENED AFTER 2:00 PH, THURSDAY, NAY 13, 1993." Specifications and Bid Forms may be obtained from the Office of the Purchasing Agent, City Hall, 800 Seminole Road, Atlantic Beach, Plorida 32233, telephone (904) 247-5818. Coods and services proposed shall meet all requirements of the Ordinances of the City of Atlantic Beach. The City of Atlan[!c Beach reserves the right to reject any or all bids or parts of bide, valve Snformalitiee and technical idea, make award in whole or pat[ with or without cease, and to make the award in whet !s deemed [o be in the best interest of the City of Atlantic Beach. PUBLIC ENTITY CRIMES - Any person submitting a bid or proposal in response to this invitation must execute Fotm PUR 7068, SHORN STATEMENT UNDER SECTION 287.133 (A) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided and enclose it with the bid or proposal. Aovever, if you have provided the completed form to the submittal address listed im this invitation and S[ vas received on or after January 1, 1993, the completed form is not required for the balance of the calendar year, IDENTICAL TIE BIDS - In accordance with Sec[Son 287.067, P1ozlda Statutes, effec[ivo January 1, 1991, pteferenee shell be given to bus lessees with drug-free workplace programs, k`henevez [vo or more bide which are equal with respect to price, qualltq, and service are received by the S[e[e or BID N0. 9293-19 - ONE (1) BACKHOE-LOADER 4X4 POR PUBLIC YORRS DEPT. ~ lfailinR Lie[: Plorida Machinery and Equipment Company Pozd New Nolland, Inc. 11147 Phillipe Highway 2000 Mountain Industrial Blvd Jacksonville, Plorida 32256 . Tucker, Georgia 30084 Ring Porer 8050 Phillipe Righray Jacksonville, Plorida 32256 Industrial Tractor Company 6870 Phillips Highway Jacksonville, Florida 32246 Case Power 6 Equipment 11657 Phillipe Highway Jacksonville, Florida 32256 Duval Tractor, Inc. 2346 Yee[ Beaver S[reet Jacksonville, Plorida 32209 Superior Tractor Company 5355 Yeat Beaver Street Jacksonville, Plorida 3[254 Omni-Quip Rentals 6 Salsa 11350 San Joae Boulevard Jacksonville, Plorida 32223 Oeala Pord Pev Holland 2240 B.Y.. Pine Avenue Ocala, Plorida 32778 Plorida Equipment 6 Servieea, Inc. 7287 Y. Beaver Serest - Jackeonville, Plorida 32254 Central Tractor Parts a Equipment 301 North Nair Street Jstkeomille, Plorida 32145 Dural Equipment Company 8616 Phillipe Highray Jaeksomille, Plorida 32216 E ~, a o. o n o .~ `3 ~.n.• c a g O E `o 4 y O p _0 9 fib. Z N J v ~ 4H LL 4°,~ e O Z V W F ^10i ~~.. W Um U .`. F 2 '~ Q .~a m Q o0 9 Y = V W Z N Y 9 Y Y 4 O 'J W F 0 U ,.j Y {y C Y 6 W 0..1 M H ~ 'rl P '/ W C O r-1 N > u ~ w A ti V XI V Y p~ 1 s a s ~I N W ~ YI W 6I m m j Q Z p O LL m N O m 0 Z O Q J m F 8 _0 m LL 2 O J J m F a ^+ ~ o ~ m o r'+ a `~~ 3 6 C 0. V u 0 u H C F u w .+ i~ G ~ M ~ m W yya c ai u C p ^' m V b 'a O C b .] W C V e way 6 ry vi ..q ~ w ~° u 0 .~ u • '~ Y ~ V V ^I Y q ww.~ O m a ~ _ LL ~w LL a a OV ma HW oo` Um U ~ w Z ~ a Q ¢ w V J c ~"' V Q K .ui r-1 G w N ~ b' i u m +i V Y gC .-1 V O y`~ U O u . m u 4 .+ F .a w 4 O C '~ O M fp 1 Y a u ~ m m~ V X u q L' ~ pV1 ~ T 6 ~ O ~ J P O W ~~ ~ Q = ~ ~ LL m z 0 5 u~ a ~i E al~ ~ ~ d °~ ~ M ~] rv ~ 4i C0. 4 C O Y 8 ~~ u ..~ ~ M i `o .r Hg 8 ",~ a e O ~ e A 'f V Y 8 w O'W W b V N w.4 d w I > O C 0. O u u x 0 V 9 0 U ^1 w Q O 0 q F u J ~~ .°~> LL w e ~ o ~= v u F W ~ ~ Um V F Z Q r V w ..1 Q ~ Y +1 ~ i O C 0. O m CU Y G U M q C ti T b C..1 9 {a~ T 6 w 8 V Od C U.i 'I ~1 L YM qV G > S 80 am •Mx 9 JU W 4P1 0 '9 D m 0 2 O a 2 V X ~I 0.'I W S I 0 ~ N W O R m ~ Q Z O ~ v. m ~{I O V O g~ ., f 7 f•~ z W ~ U O Q ~ d ~ n h O ZI .. a pX~ m ~ W W p ~s y Fg0. 4i F ~ ~. b V U '~ WI0. h U U 0. F i ~~ The options requesied represent a savings to the City end ere needed by Public Norke. These options are: 1. Extended rerranty 5 year/5,000 operating hours. 2. Integrsl pallet tork {or unloading received materials at the City yard. 3. Trash grapple to Betray coat of renting trout end loader for yard clean up and serve ae supplement for picking up trash a{ter heavy storms. Theretore, re recoemend to accept the lov bidder from Case Porer and Equipment for 854,596.00. RSK/tb cc: Kim D. Leinbech/City Manager Kirk Mendland/Finance Director File - EQUIPMENT CITY OF r~tlautca $ute(_'~lasi~l2 um SANaF:FER LANG ATL~NIiC ReALT(, FLORIDA lRitWl TRL~Nx+e 000 ]fFSRL FAr OOO 1(}y~ Mey 18, 1993 M E M O R A N D U N TO: Joan LaVake/P urchaeing Agent FROM: Robert 5. Kosoy/Director of Public Morke RE: ACCEPTANCE OF BID 19293-19/BACKHOE BY CASE POMER AND EQUIPMENT On Nay 13, 1993 bide -ere opened for a backhoe rith requested separate prices for the folloring options: 1. Grapple attachment 2. Extended rarranty 3. Integral pallet forks All retailers met minimum backhoe specificatlone, but Trvsca Ford Her Holland could not provide the requested optlona. The bide ere ae follors: VENDOR BASE BID 1. Case Porer 6 Equipment 643, 715. 0Q Jacksonville, Florids 580 Super •K• 2. Ring Porer 659,725.00 Jackaonvill e, Florida 3. Treece Ford Her Holland 698,390.70 Jacksonville, Florida Ford 575D •Mith only one of options requested MITN ALL OPTIONS 659,596.00 670,815.00 •649,485.70 /lTri~IVi»E~vT. ~':~ . ~~,. CITY OF f a J~QartlC ~tat~c -'7(ytl~(q, . amsOAD M1.1Nf7C eeaca. noRaai *~, ,~ T®aaDtQ oan usnee rAt awn zrxnos June 14, 1993 AWARDS COLB¢1TEE NINUTES THURSDAY, MAY 13 1993 The Avarda Co®ittee met on Thursday, Nay 13, 1993, at 2:00 PN, to receive bid advertised as Bid No. 9293-19 - BACRHOE-LOADER 4R4 FOR PUBLIC WORRS DEPARTlD*NT. Present at the bid opening were Commisalonar Glenn Edrarda, Director of Public Works Robezt S. Roeoy, Buccaneer Utility Division Directoz Rarry McNally, Meietant Public Works Director Ernie Beadle, Building Official Don Ford, aad Purchasing Agent Joan LaVake. Iavitatfona to Bid vote mailed to [valve (12) prospeetive bidders. Three (3) bide were received as follows: TOTAL PRICE BID Case Power E Equipment ; 43,715.00 JackaonvSlle, PL (Case SBOSR) Traaea Pord Nev Holland 48,390.70 Jackaow111e, ft (Pord 575B) Ring Power 59,725.00 Jacksomllle, PL (Ca[ 616B) It is the consensus of the Awards Co®it[ee that it reco®end to [he City Commission Chet Si accept the low bid from Case Power A Equipmeot is the amount of ;43,715.00, together with options in the amount of ;10,831.00, totaling ;54,546.00, and make the award accordingly. Respectfully, . Joan LaVake, Purchasing Agent __._~-Gbi lb~aJ tltf: J9 $999 292 2285 CPeE e887 GSUM PCS ~_, ,,. ,, ~~ `~ e 0 v 0 ~~ 2~ e~ by ry U '~ ~ v p0 F~. INC. ~~P v I ~.,~-5813 • Heat-Tre9ted,F'ped,AtljuetableTlnea • Specify Lo9tl Ilnp, Fr99 SWlnplnp or Fixed Thee • Op9re4s Front frd Spool Hytlraullc Velve • PlnOnorCO~pl rEquipped i i BAb w.. DOUBLE TOP '` \ I 1;.` PADDLETa PCLAMP "F° a~ /~ ~ - ` ~ P^^ „yr, o I \ :s r, j I ~ N g71"aacHmeNT EKcepr T cA SD Si~eTeu~+o) is Suilr foa580.5bp R K~ TbpClempFOr psolflo9tlons BacKHoe A 0 I C D E - W L K P p Wdphl 1Ye ht Mex, Mln. I Mex; TIM Tlne Tln: Fnme Fnme Bu Cyl. Peddle Clemp DoubU Pe le Fork 812E , Cloee i Ope Lenpthl Wtdtn Thlok•. Xel9h1 Wklfh Ole. Slxe Width Depth I Top tb Loed neu getup Cie p peNq 20 20Y: 9Y ~ , 49' S' 2' 42'h' 96' 3' 4 x 1a" -09" 25'G' 29f0A P9 A 8.000 30.50 19'h' 90'' 49' S" 2'h' 4T 9Y 3a': `; 5x18' 71' 29Y/' 3570A DD A 12,000 e0 20' 9Th! 54' T 3' 64i': 99' 4'h' 5x19• 78' 29Vi 4950f 6 N 19,000 70.80 20' 1p5'i 64" 7' 3'h` 66'/: 102• 5' 6x16' NA 18' 6130A N ' 22,000 1 I,.. s+eere-tej+ ,•eoaa2+•aMe p15+ MO01dOr1 A010 Amerlwn Coupler Syefeme e n +.»e+ + fl+ne~e e7b rRo1e ~~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Additional Sntormstion on Beckhoe - Bid !9293-19 Bid opening date 5/13/93. SUBMITTED BY: Robert S. Koeoy/Director of Public Morke ~/ Kelly Burton/General Maf.ntenance Foremen DATE: Tune 17, 1993 BACKGROUND: A bid rae opened 5/13/93 for one (1] Beckhoe with options. On 6/14/93, the City Camwiewion deferred action on the bid arard until further information raw furnlahrd. The lnforwatlon is se follovw: We sre currently budgeted for 960,000.00 under sccount ! 001-50-02-541-6400. Case Porer and Equlpwent, Ssckeonvllle, Florida rae for kidder rith a base bid of 943,715.00 and optionw bid of 810,831.00 for a total bid of 954,546.00. A breakdorn of optlone iw we follorw: 1. 5 year/5000 hour extended rarranty Corot Se 81,345.00. 2. ALS-2AC 903081 - 4B• Sntegral pallet forks for use rith quick coupler. Covet Se 82,548.00. 3. Size /0, double iop clam (Grapple over Sorka) by ACS, rith Caae Aux. HYDRAC. Covet iw w6, 938. 00. RECOMMENDATION: Accept Csee Porer i Equipmrnt bid of 954,546.00 for Beckhoe rlth optlone. ATTACHMENTS: 1. Picture of grapple over forks. 2. Agends Stem 6D packet from 6/14/93 Comm( wwion Meetin REVIEYED BT CITY MANAGER:2~~.A JJJJ ~~~-'"''~~~~~~~_ AG6fIDA ITRM RO. `i~ Dp,SCR[PTION Hardware PAINTING SPECIALITIES Toilet Partitions Lockers Bench Toilet Accessori Fireman's Pole SUB TOTAL 30% TABLE 1 CONSTRUCTION COST ESTIMATE ATIANTIC BEACH PUBLIC SAFETY BUILDING NO.OF UNIT TOTAL UNITS MEAS. g ea 330.00 3544 sf .18 SUB TOTAL SALLYPORT ADDITION POLICE ADDITION (Imestiga' POLICE ADDITION (Rernrds) SUB TOTAL JOB CONDITIONS (15%) SUB TOTAL OVERHEAD & PROFIT (15%) TOTAL 3 ea 292.00 12 ea 216.25 1 ea 19750 3 oa 220.00 1 ea 500.00 304 sf 14.50 152 sf 65.00 ?39 sf 65.00 TOTAL COST' 2,640.00 640.00 584.00 295.00 197.00 660.00 500.00 37956.00 11,367.00 49,343.00 4,410.00 9,900.00 15,535.00 79,186.00 11,876.00 91,066.00 13,660.00 104,726.00 8 TABLE 1 CONSTRUCTION COST ESTIMATE ATLANTIC BEACH PUBLIC SAFETY BUILDING DESCRIPTION NO. OF UNIT'S UN[T MEAS. TOTAL TOTAL COSC DEMOLITION Block Wall 272 sf 1.67 454.00 Door Opening 3 ea 80.00 240.00 Slab 32 sf 12.85 411.00 NEW WALLS 8" C.M.U. 504 sf 4.98 2,510.00 4" Metal Stud w/5/8" gyp, board 138 If 11.91 1,644.00 NEW SECOND FLOOR Structure & Footings 2 ea 1,24000 2,48000 Wall Reinforcement 2 ea 1,200.00 2,400.00 Joisu 66 ea 86.00 5,676.00 Decking & Conc 1024 sf 2.56 2,619.00 Carpet 1148 sf 2,800.00 2,500.00 Insulation 2048 sf 60 1 22q O0 Sound Insulation (Walls) 512 sf .60 307,00 STAIRS & HANDRAILS Exterior 23 riser 125.00 2,875.00 Interior I ea 600.00 600.00 DOORS AND HARDWARE Steel Doors 5 ea 266,00 1,330.00 Steel Frames 6 ea 340.(p 2,04p,pp KD Frames 2 ea 109 00 21800 Wood Doors (SC) 3 ea 102.50 307.00 P~gure 2 ~iiil ',..i~~~f~ii`i a, ~~ RECOMMENDATIONS Based on the limited site, it is recommended that the Public Safety Building be expanded in the following manner. 1. The Investigators offices should be expanded out towards the rnuncil chambers. This expansion would be approximately 130 s.f. 2. The Record/Police Chief offices should be expanded towards the parking lot on Seminole Road. The rernrd storage area would also be expanded on that side of the building. This would add approximately 203 square feet. 3. The sallypott needs to be covered. 4. The outside storage area needs to be enclosed to allow better use of the storage spa«. 5. An office for the Fire Chief should be seated in the living/dining room. The area hzs ample space for the existing use and to neate an office for the Fire Chief. 6. The Fire Marshall office can be moved to the Public Safety office by creating an office on the first floor. 7. Anew bunk room can be created by building a second floor in the apparatus room. It must allow clearance for the doors and the fire engines and be exhausted to meet OSHA requirements. Figure ]and 2 contain the proposed floor plans and elevations for the building Table 1 contains a detailed cost estimate for the proposed additions. It is estimated that the additions and renovations to the Public Safety Building will cost less than 5110,000. NEEDS AND Police nartment The existing area for records storage is inadequate. It is cramped and does not have atry space available for additional file cabinets or to hire additional staff. The area needs to be expanded to accommodate [he existing needs and allow for growth. The investigators office is also very cramped. Curtently, there is not enough space to acrnmmodate the existing investigators or to allow for future growth. The sallyport and outside storage azeas need to be enclosed. This will expand the space for storage and allow for better Vansportation of prisoners. The major problems with the space for the fire department is the lack of an adequate bunk room. Tn addition, there are no separate facilities for female fire fighters. The office space is limiied and needs to be expanded. The Fire Marshall could be located at the fire station and a new office rnuld be created for the fire chief to provide an administrative/lieuienanu office in the existing chiefs office. 'The site is very constrained. The creek limits expansion to the west. Parking and the existing roadways limits expansion to the east and north. The City Commission chambers limits expansion to the south. The public waiting area seems adequate in siu and does not need improvement. The dispatch area needs some reorganization to improve the efficienry of the space. Increased computerization will also relieve the need for additional office space. The sergeants and squad room have recently been renovated. This area seems to provide ample space for the operations. The booking, holding cells and intertogation areas are functioning adequately and do not need to be redesigned. The Police Department has two areas for evidence storage in the rear of the building. Both areas have a roof and fences for exterior walls. One area is approximately 110 s.f., the other area is approximately 67 s.f. The open storage limits the use of these areas. The sallyport is created by a series of locking fences without a roof. It is difficult to move prisoners on raitry days through the sallyport. Fire IkRgrtwent The Fire Department has a total of approximately 4628 enclosed squaze feet on two levels. The main floor includes an office for the fire chief, a small office for files and blood pressure screening, the living/dining area, the kitchen, locker rooms and restrooms. The bunk room is on the second level. The apparatus room is a 2 story space adjoining the other areas provided for the fire department. A hose tower and storage areas are located in the apparatus room. The bunk room was originally designed to be located on the first floor next to the locker rooms. This area was determined to be too small for the bunk room during the original construction. A bunk room was created on the second floor in an area originally planned as a loft. The room is very cramped. It only has room for four fire fighters. There is only one means of egress from the bunk room. The Fire Marshall's office is located in the old city hall on Ocean Boulevard. Due to the limited office space in the Public Safety Building, there is no span for the Fire Marshall. [t would be more convenient to have the entire fire department in the same building. ATLANTIC BEACH PUBLIC SAFETY BUILDING NEEDS ASSESSMENT EXISTING CONDITIONS The Atlantic Beach Public Safety Building is located at 850 Seminole Road, next to the City Commission's Chambers and acoss the tteek from the City Hall. The City Hall complex is located on the northeast end of lack Russell park. The Public Safety Building was constructed approximately S years ago. A limited number of parking spaces are located on the Seminole Road side of the Building. A large parking area is located west of the creek The majority of the police vehicles are parked there. The building contains space for the Police and Fire Departments. The departments are separated within the building. Each department has its own access to the building. There is no interior connection between the departments. The Police Department portion is primarily offices, while the Fire Department is primarily a fire station and has a very limited amount of office space. Police Department The Police Department has a total of approximately 3020 enclosed square feet. The sallypon and open storage area is not included in this square footage. The enclosed square fcwtage includes offices for [he police chief, records division, dispatch division, an interrogation room, evidence storage rooms, a booking and detention area, offices for investigators, a squad room and locker rooms. The investigators' office is 196 s.f. It has two investigators in the office and is very camped. The investigators store equipment and files in their office, that they need on a daily basis. The existing office does not have enough room for 2 investigators and the other equipment and tiles needed by the investigators. The Record Division of the. Police Department maintains all the rernrds for both the Police and Fire Departments. The record storage area is cramped. The staff of the Records Division also provide the administrative support to the Police and Fire Departments. No additional staff can be added to the Records Division without adding additional offices. IJ ATLANTIC BEACH PUBLIC SAFETY BUILDING NEEDS ASSESSMENT CITY OF J~lastic ~~ _ ~loudct FLEET & ASSOCIATES ~CN~TEC 1'S/F[ANNERS, INC. ~M1 Svibern Rd. Jsd4orMa. fl. 3x57 (9W) 730-8103 FAX 730-0105 Page Two Minutes - Joint Workshop June 14, 1993 Further discussion ensued regarding the definition of accessory structures and Commissioner Waters felt the central issue was whether the City Commission and Community Development Board wanted to recognize and enforce setbacks, aad the type of structures which should be considered accessory buildings. The city code currently allows only one accessory building and he felt a more equitable method may to establish a maximum number of square feet or a percentage of lot size which could be covered by accessory structures. Since Flag Day ceremonies were scheduled for 7:00 PM at the public safety building, Mayor Gulliford ad=ourned the meeting at 6:55 PM. Maureen Ring, Ci C1 MINUTES OF THE JOINT WORKSHOP MEETING OF ATLANTIC BEACH CITY COMMISSION AND COMMUNITY DEVELOPMENT BOARD HELD IN CITY HALL, 800 SEMINOLE ROAD AT 6:00 PN ON MONDAY, JUNE 14, 1993. COMMISSION MEMBERS PRESENT: William I. Gulliford, Jr., Mayor Glenn A. Edwards Lyman T. Fletcher Adelaide R. Tucker J. Dezmond Waters, III COMMUNITY DEVELOPMENT HOARD MEMBERS PRESENT: W. Gregg McCaulie Robert Frohwein Ruth Gregg Mark McGowan Mary Walker Don Wolfson ALSO PRESENT: Kim D. Leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Gulliford. Gregg McCaulie, Chairman of the Community Development Board, Commented that a number of requests for variances which had been denied by the Communlty Development Board had been appealed to the City Commission. In some instances the decision of the Community Development Board had been upheld, but on at least one occasion the decision had been overturned. There was some confusion on the part of the Community Development Board regarding this action and he felt there needed to be a pooling of thoughts and some direction given to the Community Development Board. Discussion ensued regarding a decision of the Community Development Board which was overturned by the City Commission in a request for a variance by Mrs. Cresson. Mayor Gulliford indicated he felt the main problem was that the current code was vague and difficult to interpret. He said an ordinance had been drafted to amend the definition of accessory uses and accessory structures and he hoped this would be helpful in handling similar requests in the future. He felt it was the interpretation of the City Commission that Ms. Cresson's request was for authorization to construct an accessory building and that a variance was not needed. Commissioner Fletcher felt there needed to be a standard of review which would be used in appeals brought to the City Commission so that there could be some consistency in the handling of those matters. Page 13 June 14, 1993 Notion: Authorise expenditure not to exceed {1,500 payable to the Florida Municipal Code Corporation to review the proposed City Charter No discussion before the vote. The motion carried unanimously. Mayor Gulliford reported an article relative to the proposed Ocean County appeared in the Jacksonville Business Journal. Mayor Gulliford reported a recent Habitat dinner was a success with approximately 180 people in attendance. There being no further business the Mayor adjourned the meeting at 10:20 p. ^, ayor u i or , Jr. Nayor/Presiding Officer A T T E S T: CONLIAtS. I M I S I Y I N iford x x x Maureen King City Clerk Page 12 June 14, 1993 Nayor Gulliford suggested contracting out the City's tire work. The question was called and the motion carried unanimously. Request authorization of approve Application for Participation Reservation Pee Agreement with First Nunicipal Loan Council(this was acted upon earlier in the agenda) 30. Cit Manneer Re orts and/or Corr soondence Kim Leinbach, City Hanager, reported the City had been officially certified as a "Tree City USA" for 1992. Kim Leinbach reported the P.O.P. desired to conduct a fund raising drive and he asked the Commission tc clarify whether the request should be handled under his direction, only. The Commission indicated their desire to have matters such as Lhis handled directly by the City Nanager. Kim Leinbach reported there would be a Hobi Cat Regatta in conjunction with the Sea Turtle Hotel. The City Manager was asked to pursue the matter oY restricting parking connected with the regatta to one particular area, and perhaps using the Sea Turtle parking lot. 11. Mayor to call on City Commieaioners Cit Attorney. and Cit Clerk• Alan Jensen, City Attorney, reported he had been in contact with John DeVault, Attorney, and Nt. Devault had indicated he would undertake litigation relntive to the City's lawsuit with the City of Jacksonville. Notion: Authorize the City Manager and Nayor to execute an agreement with John DeVault, Attorney, to undertake litigation relative to the City's lawsuit against the City of Jacksonville No discussion before the vote. The motion carried unanimously. Commissioner Tucker reported the Florida Municipal Code Corporation had agreed to review the proposed City Charter at a cost not to exceed 51,500. NAME OF COMMAS. M 5 V Y V N Edwards x Fletcher x x Tucker x x Naters x Gulliford x Page 11 June 14, 1993 NAGS OF COMMAS. M 5 y Y y N C. Discussion and related action requesting the acceptance of proposals Yrom J. Lucas k Associates Yor wells at WTP ;2 3. ;3 Bob Kosoy requested that the Commission accept an Engineering Services Proposal for New Water Wells from J. Lucas 8 Associates in the amount of EB,400. Because of the emergency nature of the matter he also asked the Commission to waive bidding procedures and to accept a quote Por the well drilling project from Earl Floyd k Son at approximately 529,000. Notion: Accept proposal Prom J. Edwards Fletcher x x Lucas ~ Asaociat.es to begin design Tucker x work and the permitting process for a Waters x x new well at the Buccaneer Water Plant Gulliford x at a cost of 28,400, and accept a x quote for the construction work from Earl Floyd ~ Son Yor approximately 329,000 The City Hanager indicated some funds would be derived from Lhe Barnett bank loan. The question was called and the motion carried unanimously. D. Request with discussion and related action relative to transfer of funds to purchase lift gate and hose making machine Bob Kosoy asked for approval to transfer funds to purchase lift gate for vehicle P-11 and hose making machine. With reference to lift gate for vehicle P-11 he explained in keeping with the city's safety program, he was proposing to install a lift gate on the mechanic's vehicle P-11. This lift gate would permit automatic loading and unloading of heavy items, such as 300 pound tires, when performing field repairs. Ne reported the total cost of Lhe lift gate installed was 51,290.00. With reference to the hose making machine, he reported after studying the first five months of fiscal year 92-93, a cost of 51,225 was directly attributed to various hose purchases. Motion: A pprove transfer of Panda in Edwards Fletcher x the amount of 53,990 from account T r ucker . x ;001-50-02-541-6400 due to savings of W aters x 55,454 on purchase of Backhoe x x vua~yLVLU Page 10 June 14, 1993 A. Request with related discussion and action to approve a joint venture for the sidewalk construction and roadway widening/resurfacing of Church Road Bob Kosoy reported Jacksonville had suggested a joint venture with the City for placing sidewalk and roadway widening/resurfacing of Church Road (west of Mayport Road). He indicated Lhe cost for the City was f14,093.22. He reported funds would be obtained from Local Option Gas Tax Fund. Notion: Approve joint venture with the City of Jacksonville to place aidevnik and roadway widening/resurfacing of Church Road, west oY Nayport Road, at a coat of f14,093.22 Commissioner Waters requested that the sidewalk continue on the South aide of Church Road from Nayport Road to the end of the Road at a cost of 53,265.00. The question vas called and the motion carried unanimously. B. Request approval of Change Orders for WTP t4 in the amount oY f8,400 increase Bob Kosoy presented a request to approve cumulative Change Orders for Water Treatment Plant i4 in the amount of f8,400.00. He gave an explanation of change orders that had Previously occurred and he reported Lhe contract was awarded nt 522,350, but with change order !4 the total price vas f30,750, thus there was an increase of 58,400. Ne explained (40,000 had been budgeted for this project, and the City was well within its budgeted amount even with the change orders. Notion: Approve cumulative Change Orders for Water Treatment Plant f4 of 56,400 The question vas called and the motion carried unanimously. NAME OF COMMAS. M S V Y V N Edwards x x Fletcher x x Tucker x waters x Gulliford x Edwards a x Fletcher x Tucker x Waters x x Gulliford x Page 9 June 14, 1993 soliciting to obtain a permit, thus the second paragraph would read as follows: "All persons, before entering into or upon a residential premise: within the city for the purpose of soliciting, shall register and obtain a oe rmit with the City Clerk and furnish her with the following. It was decided a clause prohibiting giving false or misleading information should be included in the language. A discussion ensued regarding including door-to-door campaigning in Sec. 18-8 "Exceptions", but it was determined this was covered in Section 18-1 (4) Solicitation. Substitute Notion: Approve passage of Ordinance t95-93-58 on its first reading, as amended, and set public hearing for June 28, 1993. Amendment as follows: include language prohibiting giving false or misleading information, and add language indicating it would be necessary to obtain a permit in the second paragraph of Sec 18-2, as referenced above No discussion before the vote. The motion carried unanimously. C. Ordinance i90-93-160 - Pirst Reading Mayor Gulliford presented in full, in writing, Ordinance t90-93-160. AN ORDINANCE OF THE CITY OP ATLANTIC BEACH AMENDING THE ZONING CLASSIFICATION OF PROPERTY KNOWN AS 2383 MAYPORT ROAD, ALSO KNOWN AS A PART OP GOVERNMENT LOT 7, SECTION 8, TOWNSHIP 2 SOUTH, RANGE 29, PROM CG COMMERCIAL GENERAL TO ILW INDUSTRIAL LIGHT WAREROUSING: AMENDING THE OPPICIAL ZONING NAP TO REFLECT THIS CHANGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion: Approve passage of Ordinance t90-93-160 on its first reading and set public hearing Yor July 26, 1993 No discussion before the vote, which resulted in 4-1 with Commissioner Tucker voting nay. The motion carried. 9 .. ___New _B_usinesa NAME OF COMMRS. M S V Y V N dwards x letcher x x ucker x aters x x ulliford x Edwards x Fletcher x x Tucker 'a ters x x Gulliford x Page 8 June 14, 1993 at which time additional information would be furnished. Notion: Defer action on Itea D, Bid 19293-19, Backhoe, so that additions information can be furnished to the Commission The question was called and the motion carried by i vote of 4-1, with Commissioner Waters voting nay. 7. Reaolutiona• A. Resolution 193-24 (this was acted upon earlier in the agenda) B. Resolution 193-25 (this was acted upon earlier in the agenda) $. Ordinances• A. Ordinance 195-93-57 - First Reading AN ORDINANCE OP THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4, ANIMALS, SECTION 4-7, MAINTAINING STABLES; HEEPIN6 OP HOGS, BY ALLOWING CERTAIN VIETNAMESE POTBELLIED PICS AS HOUSEHOLD PETS AND PROVIDING AN EFPECTIVE DATE Hayor Gulliford presented in full, in writing, ordinance t95-93-57 on first reading. Notion: Approve passage of Ordinance 195-93-57 on its first reading and set public hearing for June 28, 1993 The question was called end the vote resulted in all ayes. The motion carried unanimously. B. Ordinance 195-93-58 - Pirst Reading Mayor Gulliford presented in full, in writing, Ordinance 195-93-58. AN ORDINANCE AMENDING CHAPTER 18 OF THE ATLANTIC BEACH CODE ADOPTING VARIOUS RULES AND REGULATIONS RELATED TO CHARITABLE SOLICITATIONS, REQUIRING A PERMIT THEREFOR, AND PROVIDING AN EFFECTIVE DATE. Notion: Approve passage oY Ordinance 195-93-58 on its first reading and set public hearing for June 28, 1993 A discussion ensued relative to Section 18-2, Page 2, and it was decided to add language indicating it would be necessary for thoac wishing to engage in NAME OF COMMAS. M S V Y V N Edwards x Fletcher x x Tucker x x L waters x Gullifor x Edwards x Fletcher x x Tucker x Waters x Gullifor x Edwards x Fletcher Tucker Watezs Guillifo Page T June 14, 1993 Commissioner Waters gave a sumary of the Parks and Recreation Committee's Survey concerning general policies for the Adele Grage Commmunity Center (copy oY summary is attached hereto and made a part hereof). He indicated it was not necessary for the Commission to take formal action, and he reported a joint meeting of the recreation boards would be held June 15, 1953. Mayor Gulliford felt it was not prudent Yor the City to monitor what was considered, or was not considered to be profit for any organization. He added the matter of profitability was between the organization using the city facility and Lhe State of Florida or the Internal Revenue Service, and that the City should not be involved. Commissioner Tucker indicated the Little League listed expenditures. The Mayor felt it was not possible to interpret what was profit, as monies were expended Lo buy supplies, etc. Comisaioner Waters Yelt there should be an accounting if an organization was going to use the City's facilities. Couissioner Fletcher felt educational, cultural, health, or any other similar endeavors should not be curtailed because of fees or costs. It was decided to discuss the above referenced matters at the meeting of June 26, 1993. Consent Agenda: Water and Sewer Cou ittee report. Status report concerning the allocation of Community Development Block Gran*. Funds Usage report on use oP the Adele Grage Community Center for May Bid 19293-19 Backhoe Grant application for DCA funds Sea Turtle Inn will be the host hotel for Hobbi Cat Regatta June 25-2T Mayor Gulliford requested Item D be withdrawn from the Consent Agenda. Notion: Approve passage of Consent Agenda with the exception of ite^ D No discussion before Lhe vote. The motion carried unanimously. Mayor Gulliford requested a breakdown of what was being provided from Lhe low bidder. It was decided to defer action until the meeting of June 28, 1993 NAME OF COMMRS. M S V Y V N Edwards x x Fletcher x Tucker x Waters x x Gulliford r. Page 6 June 14, 1991 for variance of Robert Lowther back to the Comunity Development Board for reconsideration. Re added it would be appropriate to include any ne evidence regarding Lhe matter. - Motion: Refer appeal of variance of Robert Lowther to the Comunity Development Board George Worley was asked to advise the Commission i Hr. Lowther's residence was placed in its present location at the request of the Oceanwalk Association in an effort to save trees on the site. The question was called and the vote resulted in all ayes. The motion carried. B. Proposed refund of Gulf Breeze Loan (this was acted upon earlier in the agenda) C. Discussion and related action regarding Letter of Comitment concerning Barnett Bank loon (this was acted upon earlier in the agenda) D. Update report on permit parking on 10th Street between Beach Avenue and Ocean Boulevard Police Chief David E. Thompson reported he met Witt Hs. Lanier and a proposal was agreed upon. Ne indicated the new parking configuration kept the same number of permit spaces as previously suggested, but they were grouped differently. He added the residents would like to have some input into the signs that were to be posted in front oY the complex, and he indicated he planned to meet with several residents in the area before actually making and posting the signs. Notion: Approve permit parking configuration on 20th Street between Beach Avenue and Ocean Boulevard, as presented by staff Commissioner Waters felt all signs within the city limits should be of a standard nature. The question vas called and the motion carried unanimously. E. Discussion and related action relative to the general policies for the Adele Grage Comunity Center NAME OF COMMRS. M S V Y V R w Edwards Fletcher x Tucker x x waters x x Gullifor x f Edwards x x Fletcher x x Tucker x Waters x Gullifor x Page 5 June 14, 1993 Hayor Gu i or presente Reso ution - , in plaque form, Lo Capt. Charles W. Stye r, who represented Fleet Landing. 2. Reco¢aition of Vieitora: Capt. Charles W. Styer reYerred to a request oY Pan Am Mini Storage to rezone their complex from CG to ILW. Capt. Styer indicated residents of Fleet Landing had complained because of noise generated from Pan Am Hini Storage, such as, loud motorcycles, boom boxes, and incoming and outgoing traffic from the complex late in the evening. Capt. Styer indicated he would like the record to note the complaints of Fleet Landing. Hayor Gulliford explained a public hearing to change the zoning in ordinance form would be held July 26, 1993. George Worley, City Planner, explained research relative Lo complaints received against Pan Am was conducted with reference to the Code Enforcement Board complaints, only, and did not include Police Department complaints. J. P. Harchioli, 414 Sherry Drive, presented his comments concerning recent denial of variances. Hayor Gulliford indicated a special meeting would be held between the Commission and the Community Development Board in an effort to reach a consensus regarding variances. Ne invited Nr. Harchioli to attend the special meeting which would be scheduled at a later date. J. P. Harchioli, 414 Sherry Drive, complained of a hole in front of his house at 414 Sherry Crive. Bub Kosoy, Public Works Director, advised he would look into the matter. 3. A oearancea• A. Preliminary report from Pleet and Associates on expansion of the Public Safety building (this was withdrawn Pros the egenda and will appenr on the agenda of June 28, 1993) 4_ Proclamation• A. Proclamation recognizing June 14, 1993 as Fing Day ;this was acted upon earlier in the agenda) S. Old B~=+~~as~ A. Discussion and related action =elative to Appeal of Variance Denial by Robert Lowther Alan Jensen, City Attorney, reported it would be appropriate for Lhe Commission to refer the request NAME OF COMMRS. M S V Y V N Page 4 June 14, 1993 couse of action would be in the City's best interest. Notion: Decline to accept Arcadia oPYer A discussion ensued and it was decided to study the matter more fully. .The City Hanager was asked to contact a financial advisor and arrange a meeting as quickly as possible. The question was called and the motion resulted in a vote of I-4, with Commiaeioners Edwards, Tucker, Waters, and Hayor Gulliford voting nay. The motion failed. Agenda Item 9E was taken out of sequence and acted upon at this time. E. Request authorization to approve Application for Participation Reservation Pee Agreement with Pirat Nunicipal Loan Council Kirk Wendland presented a request for approval for participation agreement with First Nunicipal Loan Council. He explained the First Nunicipal Loan Council would issue a aeries of fixed rate bonds. At the present time the effective annual percentage rate was estimated to be approximately 6X, and participating municipalities would De able to choose the loan term, up Lo 30 years. COMMRg I M I S I y' N x Fletcher x x Tucker x x Waters x Gulliford) ~ ~ ~ x Notion: Approve application for Edwards xl participation agreement with First x Nunicipal Loan Council Fletcher x Tucker x x No discussion before the vote. The notion carried Waters x unanimously. Gulliford I x Agenda Item 7B was taken out of sequence and ncted upon at this time. B• Resolution t93-25 - A RESOLUTION OP THE CITY OP ATLANTIC BEACH THANKING PLEET LANDING RESIDENTS FOR CONTRIBUTIONS FOR THE PURCHASE OP AN AUTONATIC ELECTRONIC DEFIBRILLATOR. Mayor Gulliford presented in full, in writing, Resolution l93-25. Motion: Approve Edwards x x Resolution t93-25paseage of Fletcher x Tucker x x No discussion before Lhe vote. The motion carried Gulliford x unanimously. x .. ,_.,~.~.ert,w~y Page 3 June 14, 1993 commissioner Fletcher asked for a statue report concerning Scheduling of projects. $ob Kosoy explained some projects, ouch as meter readers, were underway, and efforts were being sade to maintain the schedule of projects. unanimouelyn was called and the motion carried Agenda Item SB was taken out of sequence and acted upon at this time. B. Proposed refund of Gulf Breeze Loan Kirk Hendland introduced Jean Mangu, of Poley and Lardner, who reported the firm of Poley and Lardner was comfortable with the City prepaying the Gulf Breeze loan via the Arcadia transaction. She indicated it would be a difficult process to prepay the loan independently, without the involvement of Arcadia. She explained if the city desired to prepay on its own, it would not be possible to walk in with cash, prepay, and have the liens on its revenues released. Nonies would have to be set aside in an escrow to be paid over time in the sane manner that the Arcadia pool intended to use the proceeds. It was explained under the terms of the loan agreement that was originally signed, the provisions for prepayment were tied into a bond issue and the requirements of the bond issue had restrictions on prepaying. Nith reference to the proposed Arcadia loan, it was explained an escrow account would be funded for the retirement of the bonds of Gulf Breeze. The principal and interest would be paid ea it came due, until the City was able to prepay Lhe loan. Ns. Nangu advised it would be practical to participate in the Arcadia pool at the present time. It was explained if the City elected to proceed with the Arcadia pool, the loan would run until 1998, After discussion, it was ttie consensus of the Commission that there was not enough information available to make a decision et the present time. A discussion ensued and it was felt a financial advisor, experienced in bond financing, should be contacted to review the matter and advise w!,at C MMIiS. I M I S I Y I N Paqe 2 June 14, 1993 Kirk wendlsnd, Finance Director, presenteda Letter of Commitment with Barnett Bank oY Jac kaonville for the Purchase of up to 210,000,000 in Tax-Exempt Revenue Notes/City oY Atlantic Beach Water and Sewer Refunding and Capital Improvements Projects (copy attached hereto and made a part hereofl. He advised that Chauncey Lever, of Foley and Lardner, who assisted in the preparation of the Letter of Commitment, was in the audience, as well as repreaentativea of Barnett Benk. He explained the Commission would be given copies of final loan documents at a later time. Motion: Authorize execution of Letter of Couitment with Barnett Bank of Jacksonville for the Purchase of up to 210,000,000 in Tax-Exempt Revenue Notes/City of Atlantic Beach water and Sewer Refunding and Capital Improvements Projects Mr. Nendland explained the intent of the Letter of Commitment and Chauncey Lever of Foley and Lardner gave a brief presentation and answered questions. The question was called and the motion carried unanimously. Agenda Item 7A wea taken out oY sequence and acted upon at this time. A. Resolution 293-24: A RESOLUTION OP THE CITY OP ATLANTIC BEACH APPROVING THE ISSUANCE OF A f10,000,000 NOTE TO REFINANCE EEISTING WATER AND SEWER BONDS, TO PAY COSTB OP CONSTRUCTION OP WATER AND SEWER SYSTEM IMPROVEMENTS AND TO PAY COSTS OF ISSUANCE; APPROVING WATER AND SEWHR SYSTEM IMPROVEMENTS; RAKING A DETERMINATION THAT THE NOTE ISSUANCE IS IN THE PUBLIC INTEREST: AND PROVIDING FOR AN EFPECTIVE DATE Mayor Gulliford presented in full, in writing, Resolution t93-24. Motion: Approve passage of Resolution i93-24 Kirk wendlsnd exPl ai ned Resolution l93-24 approved the issuance of 210,000,000 in tax exempt revenue notes, listed capital improvements that would be accomplished, and identified when monies would be spent. NAME OF COMMRS. M S V Y V N i Edwards x x Fletcher x Tucker x Waters x x Gulliford x Edwards x x Fletcher x Tucker x x waters x Gullifor x MINUTES OF THE REGULAR NHETING OP ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 600 SHNINOLE ROAD, at 7:15 P. M. ON MONDAY, JUNH 14, 1993 PRESENT: William I. Gulliford, Jr., Mayor Glenn A. Edwards Lyman T. Fletcher Adelaide R. Sucker, and J. Dezmond Waters, III, Couisaionera I AND: Kim D. Leinbach, City Manager elan r iu nne_ ri.Y ... __t,---~ Maureen Ring, City Clerk The meeting was celled to order by Mayor Gulliford. The invocation, offered by Couissioner Pletcher, was followed by the pledge to the flag. L• Approval of the minutea oY the reaular meetina of Mar 24. 1993 Motion: Approve minutea of the regular meeting of May 24, 1983 No diacueaion before the vote. The motion carried unanimously. Approval of the minutea of the Special called meetina of June 2. 1993 Motion: Approve ^inutee of the Special called meeting of June 2, 1993 No discussion before the vote. The motion carried unanimously. Agenda Item 4A was token out of sequence and acted upon at this time. A. Proclamation recognizing June 14, 1993 se Plag Day Mayor Gulliford presented a Proclamation recognizing June 14, 1993 as Fing Day at n brief ceremony which was held at the Plag Pole adjacent the Public Safety Building prior to the Commission meeting. Agenda Ite^ 5C was taken out of sequence and acted upon at this time. C. Discussion and related action regarding Letter of Commitment concerning Barnett Bank loan ME OF COMMAS. M O T I O N S E C O N D V O T E D Y E S V O T E D N O Edwards x x Fletcher x Tucker x aters x -ulliford x dwards x x letcher s ucker x aters x x ulliford x CITY OF ATLANTIC BEACH BEGULAB !0?ETINC OP TBE CITY COMMISSION, JOKE 28, 1993, 7:15 P.M. ACEMDA Call to Order Invocation and pledge [o the flag 1. Approval of the minutes of the regular meeting of Iuae 14, 1993 2. Recognition of visitors: 3. Appeareneea: A. Presentation of Tree City USA Avard (Urban Forester Larry Figart, S[a[e Forestry Department) B. Preliminary report from Fleet aad Associates on expansion of the Public Safety Building Wanice Fleet) 4. Old Hasisess: A. Discussion and related action regarding Bid /9293-19 puzchase of a backhoe (PN Dir. Bab Rosoy) B. Discussion and related action relative [o the general policies for the Adele Grage Community Center (Comniasioner Ya[ere) C. Discussion and related action regarding park and ride bus program (City Manager Kim Leinbach) ALL NATTERS LISTED UNDER THE CONSENT AGENDA AEE CONSIDERID TO BE ROOTINE BY THE CITY COMMISSION AND HILL"BE ENACTED BY ONE MOTION IN TBE FORM LISTED BEIAN. 7FIF.RE MILL BE NO SEPARATE DISLRSSION OP THESE ITEMS. IF DIBCUSSION IS DESIRED, THAT ITEM S1ILL BE REMOVED PROM THE CONSENT AGENDA AND HILL BE CONSIDERID SEPARATELY. SUPPORTING DOCOl~ITATION AND STAFF RECOlRD?NDATIONS HAVE BEEN PREVIOUSLY SOBMITTED TO THE CITY CONlfISSION ON THESE ITE2LS. 5. Coasmt Agenda: P.. Hater and Sever Committee report B. Approval of Bid 19293-17 eater main imprwemente on 3rd and 8th Streets C. Apprwal of Bid 19293-18 Buccaneer chlorine contact chamber D. Approval of Bid /9293-20 fabricate and install 6 vetvell liners E. Approval of Bid 19293-21 trash truck with boom F. Approval of Change Order it Sanitary Sever Behab-Ahern, 9th Street and Seminole in the additive amount of f9,042.80 6. Resolution: A. Resolution authorizing execution of Barnett Bank note issuance and attached documentation 7. Ordinances: A. Final reading and public hearing amending Ordinance 195-93-57 relative to Potbellied Pigs B. Final reading and public hearing of Ordinance 195-93-58 regarding solicitation 8. P.ev Basinees: A. Discussion and related action relative [o request conau It log inspection services and resident observation (PY Director Bob Kosoy) 9. City Mawager Reports and/or Correspondence: 10. Mayor to wll on City Co~issiomers, City At[oiney aad Ci[y Clerk: Ad j wrnmen[ Y ~,~y. tl76TR11'Tld DNIERS CUAAFNI DRDktiS DTWECT A6. SiPILLR a 5/7/93 SipiUS d 5/I/A3 Sfp716 a 5/21/93 1. pB YTD tl t q IIq~ADffS 91ii6~Y1D YID tl - p0.N67I16 YALYE tO1ff5 TD fi11fNE. YID t1 - TAEEi* SfNRS~ pM6 6R(tM CUYER YID tl - aACil6 ~ +IDI 6U s YID q - OLaTNlllm 11E I®NOIR 1E116 PIAIIFD. . Y@ q - I16TRLLIM6 IRRI6ATId SYSIFII 10.{II S{6 Haas SINE wla 116 RBDNLr YID q - QFAIIN6 M EgRIDIR. YDIIIIMB , 9MIN6 f117016 pT OTflNTIaS BuDD116 ~lCl MFI[U6 IMSTAl1FD. 6E>EI1r. SITE BRADII6 110 d TAP mIFLIId FDR 1NE IWISfITId F11R tINYL FLWR TILE. [1E1Nf. S15IF11 Bp[16L111 PRFYEIITOR, 2 Dal NRNOR SLTEN RFFN1 91-8-a DIES9tE LIIE QFAIIl6 ap IFIEYISII6 DRE~HIE LIIE l1E/M116 a0 TElE11SI1F CORETED (1Ea1116 aO 7EIEVISIM6 RM- •I01 G{J Na10.E AU6. S(F ITBI 1Y. Na1LLE All& gE Ilp 16. HDIF 8116, Ma N® TO IEYId TRIES. 3. DI[fNEEi IXIN(ME CORpCT 93-1-~ BID OPEMIM6 5/13/93 At 2:N D.N. BIB (BFYY16 5/13A3 p1O IFIm6 SaEDLLED 10 60 BEFUE CITY COOISSId 1101 J. LlO6 msncrld It6 pPORIBII LO1 BIDDER. F011 IpDADWr. d B/1/A3. 4. IEPpIR RB INTER DISTRIBUTIa LIIE9 926-Y0. B1D aF11116 a 5/13A3 RT 2:N D.N. BTO DiB6E L4;A3 ap NBA CO6TpLTla nFDILFD ro EO BFYgE CITY mlllssla Yye •101 CiY .ICI aR smr¢ L16 pRYYE1f IA1 eID7ER. FTBI NDROYI~ a Y/UA3. 5. D[TCNSITYIYIM6 93-PY-DIIa DYC D1DE tMSTalID 5/1U93 Ri SELYp Np 5NNYIM6 7X15 IFHI pE 10 NITI6RTIa NITISATIa ffAYI0.5 a RBSITE a ~l[) NatliN Wllfpr QD 70 REIA(E BpfJ011Y SEA11~5 FYIIPIE]{f OFflt06L 5/1lA3 DIREEIOR RmE MDRDI UI6DLDI M1T19ifIa 0. p406ED. , YITX TIF1L DYC DIPS 9BYg5EDlY SElM1'I~ INSTALLED 5/18/93 n CDUrtn C131B IOf IM RIKE. 6. nEa1 { T.V. L1MES 92aB8-iY SfE ITpI BL gE ITEM q, SEE lTEll t2. 7. I16TALL RID RRD 8/65 AT DETF)Rla POO 92-M SEALED FOR 71UASdW 110 FR1DRl ff m1ICf0p DID IOf 9dl ID. CafRPCIa OID IUf 51611 ID .IC) TIE THIS Ymc. . arE a. 6. BFAGII RYFNIE LATER i SdER OL4 Cl71TNCTa PAUIOED C116TRICTIa ' mTTRACl0p, FIIIBNBiD p1O JIN JpR80. NET SDIE RE0.11RtE11T AIO REOFSId TO BE Im OUt IN RI61R4-YIY. YI7X IO~1ET6 d 5/13A3 IN ElDU16. DAE RMD YILL RAT UE fll 11it10.E. w = DFSId B6INFEIIi ff~l = W6IOLTld FIOIIff.N 110 B6FLIdli G WYTRI[IN 6 msTaucrla vlmJECrs X11 DRDNCIS DpNECi N0. SipT16 a 5/7/93 SfpTY3 a 5/IL/93 STp7Y5 a 5/21193 1. pB YID At i Q IIDIbVE1ENf5 91~IBiI1D YID 11 - pDASTIN6 YpLVE BOffS TD 6RpDE. YID At - 71FF.9~ 9RR5, pND 1A0A0 CDYEN Y1D AI - DLpCIN6 Sm •ICELI~SL6 ~ W iR . ~ ~ .ICI NFAONS BY-DI!$ L(I E lpl lib ApFMILY INST0.IED SO p - p,fA1116 qlf AE4BCOIR. IIOgI[16 SILL)IIG R.WAS pT lpELpTIOS LDIL .DII6 . EpL. SITE fiAPDi16 pl® a TID ITlAAEI.TIa FDR TIE IRIIOITIa Fa 91NYL Fula TIIE QFIALD. SYSIEN BAOFlIY PREVEMfIIR. ~~,~ 2. ~ RAOOR DER AF1OB 91-B91 P UIE CIfFMIM6 plO iF1EUiS[N6 PRESSOE LIIE OEIBfEM6 IAO 7FIEOISIN6 fl1OLE1ED QFAIU6 p1O TELEYISIMS NRF •lDl Gu NIBFOE R16. SEE ITBI K. RNnF RAs, SEE ITd K. xnE NLS, 101 I®ro AEA[EY TAPES. 3• BIfSJBFt7t lNIaINE COIi11Cf 93-B4I BID ffFilI16 5/13/93 RT 2:IB D.N. BID ffOIIM6 a/13A3 AND NF1OO6 SLIEDLLED TD ®BFFDIE CITY IXMIISSIa .(D) J. HAYS msfRA:Tia Yp5 {YPIIIFIff La B[DOEN. Fa pPPIOKL a 6/I4A3. 4. IFDp1R a YDIER DlSfpiBUTia LING 92iNi0L BIO LPFJIIM6 a 5/l3A3 Bf 2:M P.N BID ffEM1Ni 5/13A3 p0 N6N WsfRCfla SOEDO.m ro BD BEFOIE CITY WilISSIa 1iMRfl~ .ID) CW .I[l NR SEDTIC Yp5 ADPRpDR Llll BIDDER. Fa fOPRDPIE a 6/U/9i 5. DITOfYRNI16 93#U:Ta PYC DIRE INSiALIED 5/18/93 pi 'E19p 10 SDApY1M6 TNIS YEEN OE TD NITILLRIa NITIOTTla SEWIC6 a JI8517E a .fG NITIOIT[a Na1R1 COAITRY RIB TD AEDIAZ BpdJTa gRVICES EOIIFIfNf BIElAOO1L 5/19A3, D1AECfO1 RmE NOAH Lrc0O1 SFAVIrES ff DIADfED. YITH THEN. P9C RIDE SlA4C5E01Y IMSTILEED S/lt/93 BY OANIRY CLUB NDf IM DLpCE. 6. CIEs L T.V. LIIES 92i1B8-TV SEE IIF11 LL ~ IT!•)1 ~. SEE I1EN A2. 7. INSTALL RID RAD BPIS RT DETENiIa Fap 92-H TGf.011ED Fa Tk1AISOpY p1O FRIIXM ff CaHCfa DID NDI 401 IP. CafRACla DID MDf 4q ID .ICI THE TXIS PEEN. . Dpff CO. 8. BEAl1i pYFME YRTER L SElER BYSE CIARRA[ia PIOLIDED CA6TRCTIa mITRACfa~ p161EEA RD JIN JIII~ IET SOE IFILIIA/FNf RD RFDESIa TD RE lAYlllf IN RIIM-ff~f1Y. Y1TH IOflfAERi a 5/13A3 IM E9E111N6. DOE p1O MILL 100 OE tlt NIMO.E. w = DE9Ia elsY6a; mil . m67AlA:fla EN6INFFA RO u9EClm C ; = CORARCIDR ,.~PLr~. .~ . _-_ _---_--_ Continental Cablsvision of Jacbonville June 7, 7993 Mr. Kim Leinbach City PAanager Atlantic Beach City Hall 800 Seminole Road ` Atlantic Beach, FL 32233 Listed below k the Monthly Outage Report for the month of May 1993 that you requested: Number of Outall Outages 8 Number of Reception Outages 2 Total Outages 10 Total Completed Service Calls 196 If you need futther information or clarification, please contact me at 731-7960, extension 5352. Sincerely, 1 IV/ 1 Steve`` tdoore Technical Manager P.O. BoY 77613-F • Sg3a Richard Street • Jackaonvilk, Florida 322057673 t:w. oooonw~r ¢moie~e, 19W 1731$610 .~ - ...+w.sazr,:.._...~.,,~~"--_.:-..:dam: June plans + Complete all provisions of grant contract including submitting billing to Tallahassee for reimburseiaent. • Review proposed butlget~ as requested or required. • Complete landscaping project at Rhern Street. * Coordinator with Beautification Committee on next planting project. p[~'p ,iUN q uY5 June 4, 1993 To: Kim Lei r~bach, City Manager l~ Frem: Carl Halker, Beautification Coordinator Re: Monthly report for beautification, May '93 Kim, attached is a recap of beautification activity/projects for last month. For the sake of brevity, I'm changing the format this month to report only those "Major" projects or activities which accounted for the majority of time/effort spent during May, • Tree planting, City Hall - this included issuance of P. O, following Commission approval, pre-construction meeting with rant ract or and City staff involved, on- site marking/flaging of property with contractor and utility coepanies, photos taken of area, before, tlur- ing, and after planting, required by grant contract, notiFication to media, contacts with local Urban For- ester and with State grant Coordinator, on-site atten- dance tluring portions of tree planting periods. * MQdian landscaping, Rtlantis Blvd. - two special meetings with Beautification Committee members, assist with landscape design, secure landscape rontract or, issue P. O., and on site visits during planting. + Phern Street landscaping (behind 'Famous Rmos`> - letters for Beautification Committee Chairaan to local residents requesting their participation, roordinat- ion with Public Monks, issuance of P.U. to vendor, two on-site visits, aM attendance at "work party". + Finnual Budget Proposal - Completed beautification pro- posed budget, submitted to Finance Director (on-time'_) + Qther - regular administrative and operation duties performetl, inclutling "Yard of the Month" presentation, attendance at Tree board and regular Beautification Committee meetings, on site follow-ups at planting locations, and letters for Eeautification Committee Chairman. CITY OF sM sta¢.oaE aao >~1H0!iE AW 3lF~p illC 111p NFSMS June 1, 1943 M E y O R A N D U y T0: Kim Leinbach, City Manager FROM: Don C. Ferd, Building Official Q C~ RE: Building Permits Please be advised that the following permits were issued in the month of May, 1993: TYPE PERMIT NUMBER OF pERyITS COST OF CONSTRUCTION New Single Family ~ 66?.31, New Duplexes New Townhouses Additions/Remodels 5 20,003 Commercial/New Commercial Additions P.emodels Garage/Carports Demolitions 1 (48 Church Road) N/A DCF/pAH __.~ :. SCHEDULE A - 3 DEMAND SURVEY - SECUR1Ty FOR LOANS FIRST MUMCIPAL LOAN COUNCIL FIXED RATE POOLED FINANCING PROGRAM Please list bebw the sows. or sowers of revenues [0 6e used to repay protected bortowiags- If a artaia sowa(s) will be utilized fw a particular project or projeus, Please state the sown and the project for which i[ will be Pledged by rcferriog to the Dumber assigned such projca is SchedWcd A - I. The pledged revenues for Projects 1 and 2 would be general government revenues. The pledged revenues for Projects 3 and 4 would be convention development tax revenues. The pledged revenues fot Projects 5, 6, 7, and 8 would be local option gas tax revenues. The pledged revenues for Project 9 would be s[ormva[er utility fees. The pledged revenues for Project 10 would be sanitation fees. City of Atlantic Beach Name of Bortower-' Kirk R. Nendland Chief Finaaoal OffiarJ 8 SCHEDULE A - 2 DEMAND SURVEY -PROJECTED/ESTG4ATED DRAW SCHEDULES FIRST MUNIClPA1 LOAN COUNCIL FLCED RATE POOLED PINANCPIG PROGRAM PROJECTED/FSTUfgTED DRAWS TOTAL POR At [ PROJE TYP September 30, 1993 Dccember 31, 1993 MarcL 31, 1994 June 30, 1994 Septembu 30, 1994 Deccm6u 31, 1994 March 31, 1995 Jmu; 30, 1995 Scptcmbcr 30, 1995 Dasmber 31, 1995 Marth 31, 1996 Jme 30, 1996 Scptcmba 30, 1996 200.000 350,000 350,000 100,000 200,000 350,000 250,000 100,000 150, 000 350,000 350,000 250.000 _ Ci[v of Aclanf is B h ~Namc of Borrower] Kirk R. Mendland ~ch;er Fuiancal OBicerJ r SCHEDULE A-1 DEMAND SURVEY DETAILED LISTING FIAST MUNIC[PAI, LOAN COUNCIL FlltED RATE POOLED P7NANCWG PROGRAM Pease ~ below (numerically) aU Projects to be Cmanced or refinanced (including rdigiblc reimbursemem ~Rrets) f ~rhe projtaW borrowings. Nea to eatL prgcct Please care whether the projected asssngs be utilized for for fuuocing, refinancing or for reccitiug reimbursement far the cost of such Projta and the estimated date on whicL such expenditures are antitipated to be made. Proita Numhe 9. 10 Project De Estimated/,4^ri.:..,.ed E dlu D t S[ormaa ter Plan Implementa- tion of Capital Projects 5500, U00 -Financing Sanitation Trucks (2) 5200,000 -Financing Cifv of Atlantic Beach )Name of Borrower) Kirk ft. {:endland )Chief Fuunoa7 OFficcrj 10/95 thru 9/96 12/93 thru 12/94 SCHEDULE A-1 DEMAND SURVEY DETA11 Fn LISTING FIRST MUMCIPrsI. LOAN COUNCIL FLKED RATE POOLED FINANCING PROGRAM Please list below (numeri®Ily) all projects to be financed or refinanced (indudiug eligible reimbmsemen[ projects) from the projected bortowings. Nut to ucL project please state whether the projwed bortowings will be utilized for for finauaog, refioaucug w for reaisiug reimbursemem for the cost of such project aad the estimated date oo which such upendi[ures are anuapated to be made. Per jea Number Prgjea Desmidion Es timated/AnlitiQ ated Emtnditure Dates 1. Public Safety building 10/93 thru 9/94 §250,000 - Financing 2. Fire Truck 10/94 thru 9/95 5250,000 - Financing 3. Park Recreational Complex !0/93 [hru 9/94 (Building) §250,000 - Financing 4. Park Recreational Complex 10/94 [hru 9/55 (building) £I50,000 - Financing 5. 1993/94 Street Improvement 10/93 thru 9/94 Projects §400,000 - Financing 6. 1994/95 Street Improvement IO/94 thru 9/95 Projects §400,000 - ?inane ing 7. 1995/96 3[reet Improvements 10/95 [hru 9/96 Projects $400,000 - Financing 8. Bike Paths 10/9 5 thru 9/96 E200,000 - Financing City of Atlantic Leaci~ Name of Rortower~ Kirk R. Nendland Chief Fuuncial Offcer~ 6 SCHEDULER DEMAND SURVEY SUMMARY FIRST MUMCIPAI LOAN COUNCIL FIJCED RATE POOLED FBJANCING PROGRAM Pubhc Agency._ City of Atlanti B ach PartsaPUton Reservation town Amoum: ;3,000, p00, pp Particpuion Rrservat,m Fa Amouut- ; I , 500.00 (Based oa 0.0005 z Total Reservation Amoum): Pro1eU Lksaiptioa: Pkax indio[e a dollar amoum brad m the o0owing cuegorics (Complete uuched pages as regrdred.) I. New Capital Projects peseiptiaa (A°treWmd September 30, 1943: purchase or mnstnrgion of the project aher ) Public Building Construc[fon, Fire Truck, Street Improvements, Bike Paths, 8tormua[er Drainage, and Sanitation Trucks. S 3.000.000.00 B• Reimbursemem of Capial projects (Reimbtasemcat (a mats d the acquisition a mmtrurbom of projecs amhor¢ed pursuant to aurem federal regulation an re®bursemcros (Iatmnal Revenoc Service undo Treasury Reguluion Section (.103-18, as amcoded)): S p W. Cunem Refuodiug of petit Omnandrog (Any eznttng deb4 loan Counal mac be rcttmdcd within 90 '~t'di°g the r+riabk rate debt a( the fond rue pooled ioaa days of the due of issuance of [he bonds for the new program.) S p 1V. Self-Funded Reserve Fund Finaucog (Iaswancc) Projcds: (Indiotim of Intacst poly. No Reservation Fm Requ'ncdj S p Contact Person: Kirk R. He nd land Ttlcphooe No.: (904) 247-5800 Fax No.: (904) 247.5805 Address (mdudc both stial address and post office boz): 800 Seminole Road Name and Address of Pubhe Atlantic Beach, FL 32233 Agency Counei: time to time of the Program Ifonds. (I) No failare [o eurdse and no delay in emrasing of any right hereunder shall operate u a waiver [herwt, nor shall any single or partial turase thereof preclude any other d further cxertise Iherwt, or the ettrase d any other right. The Counal and the Particpatiog Public Agenry reserve the right to waive provisions of Wit .Agreement or wnsem to dcpar[urrs thereGom; provided That no waiver of any provision of this Agreemeot or consent [o departttre thueGom shall be eHwive unless in writing and signed by the waiving or wnscufing party and no such coasem or waiver shall rseod beyond We particular rase and purpose invoh<d. No ndicc a demand giten w any rase shall constitute a waiver of the tight [o take dher action m [he same, s®ilar or other instmres without sue6 odic or demand. IN WITNF_SS WHEREOF, this Partiapation Reservation Agreement 6az been eaccuted az of We day of 1993. Anal: BY Tide: AI[ut: BY- FIRST MUMCIPAL LOAN COUNCIL BY rue: Name of Public Agency BY rue: Address: Phone No.: Attention: Unless otherwix ageed, any suit, auion or other proceeding commenced at law or w equi[}'shall be commenttd in We courts of Florida. (B) Noire„ AB naitts, ttrtifirates or other commnninlions hereunder shall be in wa[wg and deemed given when delivered or five (j) days aher mailing by ttrtified or re tered m persons and at the addresses u[ forth below. ~ ~ Postage prepaiQ rctum rettrpt requested, addressed to the If intended (or We Counal: Fusl Muniapal Loan Counal c/o Florida I-cague of Cities, loc. 271 West park Avenue Tallahassee, F7 32302-1757 Attention: FMLP Program D'ueuor I( intended for We Participating public Agency to the address and to We at[totioo of the person specified on [he si¢nmmt pa¢,t htrt[o. The Coundl or We Paricpa[ing Public Agency may, by naitt given hereunder, designate any further or different address [o whirl subxqucm naives, ttrtifintu and other communintions shall be xat. (C) Severability If any one or more o(We covenants, vipulations, promises, obligations and agreements provided herein slipulaPioooor s[i bulatio Cotmel or We Partiapaurtg public Agency should be wntrary to law, then such wvenant or t»venants, p ns. promise or promises, obligation or obligations, agreement or agreements shall be null and voi4 shah be deemed and coas[rucd to be severable from the remaining cove~nLt, stipulations, Promises, obligations and agreements contained herein and shall in oa way affeu [he validity of the other provisions herto(. (D) He d' The headings of We various sections of this Agrecmem have been iauned for convettiente of reference only, and shall not be domed to be a part of this Agreement. (E) F [~rLht A<suran a d rreu~ t h nt The Partiapatiog Public Agency agrees Way [o [hc eaem pcrmrtted by law, d toll, from time to time, Pass, make, do, taecute, atlmowledg done, tucuted, aclnowl ed and deliver a and deliver, or nuu [o be posed, [trade, rnsonabl be r ~ ~. such other resolu[iotss, airs, supplements heron and other in.4ruments as may Y squired or appropriate to tttrther express We intentio4 or [o faalvatc slit pcrformantt of this Agreement. Failure to as undo this Agreement shall ruWt in [he forfcitme and Toss o(any and all rescrvatiou rights provided hercia (F~ C'ountt arts T"nis Agrumtot may be eaecwed in any nttmber of counterparts, nth of whirl shall be an original, however, all such counterparts shall together constitute one and the same instrument. (G) Limi[afnn n( Cabif[v Nolwitlwanding mythiog herein to Wt cooUary, oo recourse shall be had against, or Gabdity incurred by, anY Pte. Preuo[ or future member, officer, director, or em to successor entity [hereof ,tithe directly or indirectly, under my rWe of law or equityyUStatmeeor~con~sfrtution for any claim Y baud upon any obligation or rgvenant in this Agreement. This Agreement u entered into by the Couna7 order and purstunl to the provisions of [he A4 (az defined w the Indeo[me). No provision hereof shall be cottstrued [o impose a drarge agai4u the general acdit of the Counal or any personal or pecuniary liability upon We Ceunal or We Tr[utee, wtcept [o apply the prottcds of the Bond; and moneys received by i[ under We terms of this Agr Public Agency shall not nuu the Counal or We Trustee to become a ecmeol az htrem provided The Parliapaling Panicipa[in¢ Public Agency and any other party under this Agreement Par[Y [o any suit, auioo or proceedings betwua the IH) Amcndme t ~ B ft ~ A 'mt t This Agreement (a) may bt amended, supplememed or modified ody by an iru[rumcm duly csecu[ed by the Corral and the Partiapatirrg Public Agency with the conunt, [O We ertent requurd under slit Indenlura, of slit Trusme, (b) shall be binding upon and inure to the benefit of [ht CAUndI and We Pariidpa[ing Public Agency and their respearve successors and () Y pot be ed tither wTincn cnnunl of slit other, exttpt that the C~ou~nu"la y arc: ~~ ~ Party hereto withom the prior Y go its rights to We Trusses for the benefit of the holden from costs associated with leasing the Program Bonds oulstmding; (iv) allocable share o(my Program wide expenses; mJ (v) all other <zpenus sper~reslly attributable to the main[enm« of this Agreement. The Council shall deposit the Panicipation Rcurvation Fee, along with such other monies as may be au[horiztd by [he Public Agency, in a Reservation Suspenu Fund Geld by the Trus[te cod, upon «ceipt, shall rtmit all amounts «ceived az Paricpatioo Resernlion Fees to tht Trus[te for deposit in such account, or such other Fund or Account established under the 1993 Indenture. (B) Re(u ds U Paym -~ ,.r All E If amounts remain available on deposit from the Participation Rtxna[ion Feu paid into the loan Program and Councl cxpcnus have been (ally paid and tht Councl haz no remaiaiog un: eimburud ezpevdiltmes or obligations and the Partidpating Public Agency has vo sorb further authorivation or ezpenus assocattd wish [he reservation of [he Partctipatiov Rturvatiaa Amouot (az previously dcsmibed in Section 3(A) htrtin), they, bra oNy [o [he naent such amounts arc available, the Coundl shall refund, upon the «quest o(the Partidpating Public Agtnry, all or a portion of such amounts up [o the aggregate amount of tht Panidpatioo Reurvation Fces paid or authorized by Paricipating Public Agency in connedioo with (air and reasonable procedure, <stablithed by the Council. 7Le Council shall refund such portions of the Partcpa[ion Reservation Fee within ninety (90) days after either (i) tht Closing of a hom by the Particpating Public Agevry under the Indenture, or (ii) the noes optional redemption date under the Ivdcvtme in the even[ (he Pubuc Agtnry becomes ineligible to partidpate in the Loco Program or tht PubG<Ageory oases the Councl m writing that it no longer plans [o originate a Lom from [he Loco Program. Stctiov 4. Loco Co '[ t~vn "' a 't F The Partiapa[iag Public Agevry represents and warrm[s to the Counal [ha[ u m good farth mtcnds to pay to the Cotmal its prorates share o[ my dosing feu rek[iug to the amount of Loans to be made and to uu its best etfons [o comply with the requests of the meth[ eohmcemeat (aality, Bond Counul and the Coundl in order to be approved to en[u into a Panidpatioo Agreement with resew to such Loan. Semivv 5. (A) Reduction I tau or SubsCt [' f P t' R ti L Partiapa[iog Public Agency may, afar consulting wash the Councl and g,vurg the reasons therefor. redact the Parti . t t The Agcacys Participation Reurntiov Loan Amp mpaung Pttbhc uv[, if and [o the extent that the Panicpatiug Public Agency wd1 no[ for my rea5an originate [be Inm either iv m aggregaze printipal amount equal to [hc Paniapation Reurvatioo Loan Amomt or in my lesser amount. Such rcdumion in We amount so reserved shall vat release the Participating Pubti< Agency from my o(its ruponsibili[ies for expenset incurred from the rxrvation of its Partcdpatiov Reurva[ion I.oaa Amount until such time az the Councl rcazovably secures a subuim[e commitment to pay (or [he Participation Rcurntioo Lom Amount or exertius m Optional Rtdemp[iov of the Program Bonds az provided in the Indcn[urt. The Public Agcncys liability shag he limited [o the Partiapation Reservuion Loco Amouot, however, the amount of the Paniapatioo Reurvatiov Lom Amoral Dray be iomcased if toads arc available, by the mutual wruem of the Council and the Participating PubLe Agency and lht appropriate correspoodiug amendment to Stheduk A hereto. -- n m am n 1 n R n F .The Panidpatiog Public Agency hereby acknowledges that, txcep[ az otherwiu expressly provided hereiq if its Panidpation Reurvation Loan Amouot is reduced, !hc Coundl shall not be required to refute my portion of the Partiapuion Reservation Fee Participating Public Agcnry, uupl az provided 6ereiv. The Panid [~ Public ~ ~ the pa uig Agevry further acknowledges that the CAUtial may require m inatax in tht Partidpating Public Agevry Participation Reurn[iov Fet tithtr (i) az a condition for inmeasing its Participation Reurvaliov Loco Amount, or u d additional of the Public A en (~~) ezpevus are in<urted by the Council relating to the reservation g cys Participation Reurvaliov Lom Amount, the Coundl may requvt the Pariapatiog Public Agency to inaeau the amour.[ o(its Panicipalion Reservation Fee to cover such °firenus az a prerequisite to wntiotiing to bold such Loan funds, and i( the Participating Public Agevry does vest pay over or authorize such additional amounts az m additional P Rcurvalion Fce, then the Councl shall a~PU'OO be cntitltd to secure a substimic wmmitmem for the Paricpatioo Reserratioa Loco Amuum or undertake an Optional Redemption of [ht Program Bonds and vo lortgtr hold such amounts for tht Partidpating Public Agcncv. 1(a substitute wmmi:ment fur a portion or all of the Partin port Reservation Cuundl, the Participating Public Agcory's Panidpa[iov Reurvation Fee shall be cotta v (~ Amount n secured by the po Jingly refunded. Scaion R.Miunllaneoy_(A)Grne t of Florida, and the obli atio -~~-~ Thu Agrcemml shall be coasUUed in accordan¢ with the laws o(the Slate g ns rig6ls and remedies of the parties 6crtunder shall be de[ermivtd iv accordan« with such laws. FlRST MUNICIPAL LOAN COUNCIL FIXED RATE POOLED FINANCING PROGRAM PARTICIPATION RESERVATION FEE AGREEMENT Thin Partitipa[iov Reservation Fce Agreement dated az of , 1993 is made by and between the Fust MuniapW Loan Councl an unincorporated governmental assooation of Florida municipalities and counties Heated pursuant to Pan I of Chapter 163, Florida Statutes, as amended uvuer the laws of the State of Florida ([he 'Council') and the muniapality or county identified on the signa[me page hereof (the 'Partiapatwg Public Agency). 1. Pmsumt [o the Interlocal Agreement az amended, the Council established iu Fust MuniapW Loan Program (the'Loan Program') to make loans duealy to Panidpating Public Agendes (collectively, the'LOans) to fmav<e the cost o(certain Projects (u defined in the loterlocal Agreemrnt). 2 The Cound contemplates obtaining funds to make Loans through the issuance and sale of its Fust Munitipal Loan Councl Pooled Loan Program R<vtnuc Bonds, S<riu 1993, (Florida League of Cities Fvs[ Muniapal Ivan Program) (the 'Program Bonds') pursuant to an Indenture by and between the Councl and Sun Ban14 National Association or such other qualified banking inti[ution to be determined by the Council (lhc'frustee') (the "Indentm<') (all capitalved terms used herein and vo[ o[herwist defined az defined m the Indtnture). In consideration of the mutual covenants herein contained, the Couocd and the Particpating Public Agenry agree az fO1lON'Sf Seaiov 1. Amount of Reservat'o ~ S h d ! A (A) The Panidpativg Pubhc Agency hereby «quests that the Councl retain from the procecdt of We Program Bonds the amoum listed ov $chedWe A attached hereo ((he'Partiapa[iov Reservation Loan Amortm') in order to obtain a loan cov[ivgem open meeting anaiv credit criteria determined by the Comdl or credit approval by a credit enhancemem (aality prior to origination of the Loan in accordance with the Indenture. (B) lean A~ d~~ The Partiapating Pubhc Agency haz identified oo SthedWt A a[tarLed hereto [he portico of [he Particpation Reurvation Loan Amomt whicL the Partiapating Public Agency intends to process or originate and has additionally supplied information concerning the Project which the Partiapating Public Agenry seelct to futance by [he Loan proceeds to tht Councl which information is set (ooh in Schedue A. Section 2. Aeccmcvt ut Rcsern (A) Council and Ute Trtutcc shag bold and keep available for the Partiapatiug Pubhc Agtnry the Particpation Reservation Loan Amount, and such dher monies az may be authorized by the Public Agency, and make [hc Loans requested by the Partidpating Public Agcvry up to the loan Reservation Amount with avaJablc toads subjca to [hc provisioas in the Indevtme rcsviaing the ability of the Councl to make Loans, subjW to certain approvak by the credit enhancement (atili[y, and az further restricted by subsection (B) hereof. The Councl shall nd utilize such amoum to the making of Loans for other Participating Pubhc Agendes, except az provided in Section 5 of this Agreement. (B) Notwithstandiogche provisions of Section 2(A) hereof, the Couadl shall be rdcased from retaining the Paniopalion Reservation Lom Amount i(thc Councl determine that it is in the best interests of the Loan Program to exerose a Mandatory or Optional Redemption of the Program Bonds. Seaiov 3. P C - i R rv f F (A) Ampyn,, As evidence of its inmm to originate or process the Loan, and in order to induce the Council to «urve an amount cquW to or greater than the prinapal amount of tht Loan, the Paniapating Public Agency, upon exe<Wion o(this Agre<mcv[, shall atnhoriu the Councl to set aside or Mherwisc allorale loads held by the Trustee on behalf of the Particpating Pubhc Agency, or shall deliver [o the Councl b funds pavablt to the Trusts Ib< Participation Reservation Fee listed on Schedule A hereto (or t6c reservation of the Partcpation Reserntiov Loan Amount. If applicable. the Particpating Public Agcory shall deliver to the Coeval its Partiopation Reurvalioo Fu by deliverirtg its cherY drawn on a bank located w the State of Florida in the amount sa forth ov Schedue A anacbed berelo. Ezcepl az provided bclew, such Particpatiov Rcun'atiov F'ec anon-refundable. The Councl shall use and apply the Paniopation Reumtirm Fee as needed l0 pay ezpeuses associated with the reservation of the Partiapation Resem[ion Loan Amount including, but va hmiled [o each Participating Public AgenNs (i) credit enhancemem tees; (u) closing cosLi astociated with tht Pubhc Ageocyrs ban ;losing; (iii) FIRST MUNICIPAL LOAN COUNCIL FIXED RATE POOLED PROGRAM SUMMARY OF TERMS Funds Available: Approximaely 5170,000,000 (Taz Exempt & Taxable Minimum Loan Size: Approximazely 51,000,000 Eliaibl=8nrrowers; Pre(crence to uustiug memben of the Fusr Muniapal Loan Council 1 't ~ : 1) Bonds will be rated 'AA' or beter based upon the rating of the provider of a Guarameed Investment Conuact or Repureh35e Agreement secured with bond proceeds. 2) Bortowers/Loans ue subject to a structured rating approach requiriug'AA- rating or bet«r from Stmdard & Pours or Moodys or that borrowers scout acdi[ enhancement from an 'AA' razed or better provider an Weir individual loans. P rmin a -<: 1) Acquisitioq constructive or reimbursement of quahfyirtg vPtat projects, 2) Curren[ «fvediogs wits,:.. 90 days of the issuance daze of the new Program Bonds, 3) Limited use for projects not eligible (or taz comp[ fmaoctng, <) Self insurance reserve funding is currently not suitable under this financing swaure, however a complementary structure is under consideration. Liman t1n~_ation: }6 mon[h5 Loan Term: Up to 30 years Prin i Amortvation: None «quired by the Program. Subject to We consent of We meth[ ethancement provider. Inures[ Rate: Fixed rate subject Io market rgnditimt az time of issuance. Security G r Loans: Covenant to budgd and appropriate from o0o ad valorem revenues, spec revenue sourccfs) pledge, ad valorem revenues with m approved olven referendum. Gcdit Pmvidcr: Appropriatdy rased mcdit enhancement (adlity to be duermineA. Issuance ' w<: Approximately 1~ of Program Bonds issued, proposed structure provides for issuance ants to be covered by excess earner in the Progam wiWout cost to Program Borrcnvms. Rclcndin ()pion: Limittd rclcoding of prinapal repayments P Administrator: Florida League of Cities, Inc. i (,~ CITY OF ~Ylawtlz b"caek - ~lo:ida 090 SENT\OLE W]AO ~------ ~ -- --- ATLA.ITIC BY 1CN, FlDit~ Jl2)J3M5 TELEel101E 19011 ].2358(q June 09, 7993 To: Kim D. Leinbach, City Manager From: Kirk R. Wendland, Finance Director RE: First Municipal Loan Council Program With your permissbn, I would like to include the First Municipal Loan Council's Participation Reservation Fee Agreement on the agenda for June 14, 7993. I spoke with Dick Dowdy of of the First Municipal Loan Council, and he stated that the above referenced agreement needs to be approved by our governing body. I have taxed a copy to Alan Jensen for his review. The'First Municipal Loan Council Fixed Rate Pooled Program' (Loan Program) is originally being offered to members who are currently participating in in other borrowings through the Council. The First Municipal Loan Council will issue a series of fixed rate bonds. At this time the effective annual percentage rate is estimated to 6e approximately 6%. Participating municipalities will be able to choose the loan term, up to 30 years. Participants will be able to borrow up to their respective reserved amounts, for a period o136 months. There is no obligation to borrow. Ii we decide we do not desire to borrow funds or can find more attractive rates, we simply would not exercise our opibn to borrow through the Loan Program. Permitted uses include acquisition or construction of capital projects, as well as refundings. ff we were state a desire to use these monies for a refunding, funds would be required to be used within 90 days. The list o1 projects submitted to the Loan Program can be modified, as can the timing of a borrowing (within the 36 month timeframe). The reservation tee amount is .OS%, or $500 for every $t million reserved. It is our desire to 'reserve' $3 million for any future borrowings we may need. A list of proposed projects has been developed. The fee would be $2,500. Due to the tad chat we already have certain credits with the First Municipal Loan Council, the fee can be taken from those credits with no out of pocket expenditure. A 'Summary of Terms' sent by the First Municipal Loan Council is attached. - i ~- ' F A POr'A CIPACI TT_ Er0 HCIOHT sVEl O`+T -~ ~, _ _ _ r. 7<7 f _i> x 7E _._- R I _. 15C• 59 x ,5 o R 1110• ~ N" 36' _- - u6• ~F/1'~ EO-x ]6' ,- R I t7S0• i 7•'-38' 95<• ! 1750• 19'-38" <65• ' F5-x 76-• - R I7S0• 79'-76' <8E• Il'Y_1(;A; IUU kLAIPUk!A OVtkALL- INSIDE . VIDM VIDTM (Bl VIDTH IC){I Ii .ly Bo Jy SIn7:e VHL _ 53 1/7' ~~~60- 98-3/9" 1 1 I Illy Boay ouol ~r1~ __ _ _ r -. - - _ -.___ _ _ _-I 6< I/1' 71" 59-3/4' es-91 Cnev GMC _._ _ __ _ 55 I/7'- _ 87' S0_-3/9' 1 _. `orJ All Years - - - _ 58 I/7 66' S9 }/<• I B7 a OI Cer Chev a C•nC•. 1 ~- .h;ITE=. PE-17,1797 VE ICHTS DO NOT INCLUDE OPTIONAL B'. Rf'ER 7 4-- --- `1,~//~ -8---- II -- 6 ~1•-•/ ~ I f "---C-- -- i i\ . i 2S - I : 1 ~----- -- a \\p _L. 1 -- -- ------- 1 :`` ' I ~ \~ _ ~~~~.1 C.-_-.:.: ___~ - -~-- __~ 7 L s ~ -- 1 n , -. '. .. , i ,. .. . 1 , I ..-- -- ~-~-_,~, _ CAPACITY RPO HE IDFIT VEIGHT •DE pJCT) 5<'x 6 5' :L 61-x 78-• 5- - 1700• _. T9'-S6" ' ' .385• U•. .. .. .:.r 66-z 78'• S- ~ 1700• 1700• 79 -36 7<'-36" 917r • 53• 66"x 31'• 5' ~ 1000• _ 7<'-}6" <16 9<0• 55• 55• . Lf 7.7-PC I E6-x ]8-. Y R 78-x 76-. 5' ? 1700• _ 77'•97• ' ' _ .•35• ~ 55~ ,.v;l 1 78"x 3<'• S' - 1700• 77 -<7 " ' <55• 56• , . 1000•._ - 77 -<7 <60• 58• _ •r.InuLln( CLC51>!~; IN LIEU OF POVER 01051 NO ' r n 1 O. U I p C r [yVx[ '• b My.. ~v^^ w w = 14 I - A l 1 Y 1I I t~ H l l ~~~ la t l . Y es[ d i I el . I . C . .•[,awy yY .1v+1 In!IT~IC I - 1 - . r n ~ wb+n L ~~ i r[. n.l C .1 y y,l i1.C 1(Inli OI I i :. M IIR:r feSP[[I v[ !1 1 -IUrP,S. On[ y[TI ~ .rsNq•v+w.~ua an ~.~ na tll.Mxpy y IO~a V'~.. p,n.n qaw Y ul w Le <f ~e M yO.n hyOt•'. IIC Cyfilb[fS fKludlrg'TMr a• r~•p[•n.m Y<WII ~Y•rSLtrn-'Y y . ~~ n~Y ~~•~ E a y - r a. .' ..: i:' 't.f T 14 Produ, I OI . I Distributed By: ' VENCO MANUKAC7URING, INC. ~.~ CINCINfJATI, OHIO VE:N(;(] JACKSONy/ILt E, FLORIDA •~~,~;,.~ LOS ANGELES, CALIFORNIA i (.~~ t ::•n ~ 0: !.Plat ~: n,VyP 51lClY'Ct i0 CYy.!JGF, Nk"IIpUT NOTICE ' _ . _ ._ . _ - _ ~-~; ~; ~ ~~~~~wrT•vi~,-aUfl~UJI - ~=-- 3~K _} sat 1~~~~i~.~s. ~r!~~~~ n r.. ;..1 d .l,.,l:l,~l,h is-. r.,l. n..r•~ Id.-•1, I, .a un odL :1.. (.n pi;l, a/.. .~:. ...:... ~.,1 ..:..I p.:. ~ : ~t.; ...n. ,:. ~I Z q~ T~sr~ ~I~~ J4S a'1~ ~~ ~r~~CSi~ggJIT~-~+s FOR PICKUPS-UTII,IT Y BODIES-PLATFORMS Vllti`` -~TAV1~:1RD • 1 n.. ;.I:L. nit h>.Ir:wGc Sy.mm -- no cddv. or. L,In. • 1 0.. n..~b,l, ,...~.. - i gn c Ia,iu 1. -cell ICJ :.a:r+ .n h,~. al all orh:r pi o,a point.. • K,... .1 hl .l:.~mand pl:x. pi;nfonn. • 1'::.h 1. n.m c narnl.. (Ibtallr Gu.:n!r.b • Pm n.,.l u..; A. up to J?" h,.l h. igld. rr..aruR~~S - ornorai_ ~` • hump: r<11il. hr, -- S:\f (~L+R II an,1 CI ~.. Ilt. • Rens,xe Control Pendnne<. • K, y leak nw-n,Ll). ~. ~ /~ ,, L,'m ~:~3i~~~ (.'~nl sho, Inrd I E I 1 f l ;215 -- STAtill: • LI,. rci; I+,Iraulic wilh , c1' dory hcdranlic .,L^_L.: :n.i pr..cr . a. • 1-1-., :, ~ ..i , I rid; or r.n.gJ, _ +, li..n pLoLmn.. ,~Ifnr:x h,:di. , ....d ......n :.::: 1„ ~.h, . nrrcinl ePpLreu,m.. • Remolc amtml pondnm mo:uned pr, r.:.~rnd. or for fund held uv. • Fits mna IrucAs up to ~I?" It~d } ~i~Qtt. • H. a+y dote pou~. r ci. •aing. r nntnpcrs.l ~ . - ~ v: c:,:. Continued By using a wean savings o1 38X, the total coat rould have been reduced by 0465.00. ThereZore, rv Zeal, Daeed on peat ir.Zorption, thin wachine rould pay for itself rithin one fi) Fiaeal Year. These Zigurea do not include lost wan hours, vehicle expanse or equipwent dorntise due to traveling to oZZeite hose wwnuiacturer locations or not in stock status by local vendors. Totsl cost o1 Hose saking sachine ie 82700.00. RECpl1MFJIDATIO/: Approve tranater o1 Sunda in the asount o1 63990.00 Zrow Account 1001-50-02-541-6400 due to savings o1 55,454.00 on purchsse o1 Backhoe. A7TACBBEIITS: Tailgate loader literature. BBYIBY® BY CIT7 WIAGEB• ' A®e 1TFa ~. ,, c~ CITT OF ATLANTIC BEACH CITY COMISSZON MEETING STIFF REPORT AGE7DA ITE11s Trsnefer of Funds to purchase Lift Gate for Vehicl P-11 d e sn Hoee Making Machine SUBMITTED BT: `\~ pp``''~~ Robert S. Koeoy/Director of P ~ ublic Norke 7~]M1l~`j DATEz June 8, 1993 BACNGNOMND: ift Gate for Veh+ cle P-11 In keeping rlth our safety progress, rhich has been iesproved substantiall si y nce the City Mansger's end Fire Marshall's lnitiailo n end iwplewentatlan of the Systew 7 progress, re are proposing to install a lift gate on the wechesnlc'e vehicle P-il . This lift gate ~guld pera~t esuto.atie 1o ding snd unloesdin eves, suc ess 338000 of h d t g poun esvy hee, Then perforaing field repairs. The total co t s of the lift gate Snetelled to 81,290.00 Hoe~Nesklna Nae~ Looking at first five wonthe of FY 92-93, re arrived at a coat of 81225.00 directly attributed to various hose purcheseee. Ne ere sure this tigure i• wuch higher, Dut billing cstegoriee (such as 'Genuine Porte, autowotlve•> do not list the hoses separately. A coat savings analysis roe coepleted with the figures trove the Public Norke and Ssnitation Divisions. Plesee note that the Fire, Police, Nester and Sorer, and Parke and Recreation Depesrtesente are not included, but hoses ere purchased for these divisions also. PURCHASED HOSES OFFSITE NANUF/ P RCHASE COST ONSITE NAM COST MEAN S V N S HYDRAULIC/FOR FOR S-9 839.87 815.77 96X HYDRAULIC/FOR 800N TRUCK 824.02 88.82 38X AIR COND/FOR p-7 g7g, 94 821.59 29X Continuetl on page 2 Mr. Bob Kosoy March 30, 1993 Pa4e - 6 Unless otherwise specified, this agreement shall be governed by the laws of the State of Florida. Zf this proposal meets with your approval, please execute both copies and return one copy for our files. We look fonrard to the opportunity of working with yov on this project. Sincerely, J. LV i ASSOCIATES, INC. /~~ J s M. Lucas, P.E. President Approved and Authorized for City of Atlantic Beach BY: DATE '. Mr. Hob Kosoy March 30, 1993 Pa4e - 5 right against Ownet and without liability whatsoever to Owner, terminate the performance of the service. Retainers shall be credited on the final invoice. In the event any portion or all of an account remains unpaid 90 days after billing, Owner shall pay all costs of collection, including reasonable attorney's fees. LS8@ILj,Ty It is understood and agreed between both parties to this Agreement that Owner agrees to limit J. Lvcas 6 Associates, Inc.'s liability to Owner and/or any of its subsidiaries, and to all construction contractors and subcontractors on the projects £or errors, negligent acts, or omissions resulting form these professional services to an aggregate amount not exceeding J, Lvcas 6 Associates, Inc.'s professional services fees or 525,000.00, whichever is greater. SNDElR'lIFICamrON Owner shall indemnify and hold harmless J. Lucas 6 Associates, Inc. and all of its personnel from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) arising out of or resulting from the performance of the services, provided that any such claim, damage, loss or expense is caused in whole or in part by the negligent act, omission and/or strict liability of the Owner anyone directly or indirectly employed by Owner (except J. Lucas S Associates, Inc.), or anyone for whose acts any of them may be liable. This shall not apply to negligent acts, omissions and/or strict liability for which J. Lucas 6 Associates, Inc. is not responsible. This agreement may be terminated either by Owner or J. Lucas 6 Associates, Inc., should the other fail to perform its obligations hereunder. In the event of termination, Owner shall pay J. Lucas 6 Associates, Inc. for all services rendered to the date of termination, all reimbursable expenses and reimbursable termination expenses. Mr. Bob Kosoy March 30, 1993 Page - 9 Principal Engineer Senior Engineer Designer Technician Drafter Administrative 565.00 60.00 50.00 35.00 30.00 35.00 Reimbursable costs include fees for professional services (the expertise is required to complete the project) and out of pocket expenses. Out of pocket expenses shall include, but not be limited to: 1. Travel Expenses (lodging, meals, etc.) 2. Job related mileage @ .28/mile 3. Long distance telephone calls 9. Printing and reproduction costs 5. Inspection supplies and materials Based on our understanding of the work we recommend that you budget the following: 1. Modification of Consumptive Use Permit and Preparation of the Water Conservation Plan 2. Preparation of Design Plans and Specs $3,500.00 for the Atlantic Beach well 2,000.00 3. Preparatior. of Design Plans and Specs for the Buccaneer well 2,000.00 9. Topographic and Boundary Survey for well sites 900.00 Invoices will be submitted monthly based upon the percentage of work completed at that time. Payment will be due upon receipt of invoices. If payment is not received within 30 days from the date of the invoice, interest will be charged at a rate of 1-1/2t per month on the unpaid balance retroactive to the invoice date, and J. Lucas 6 Associates, Inc. may, without waiving any claim or Mr. Bob Kosoy March 30, 1993 Page - 3 be to leave the Atlantic Beach permit as a stand alone permit, provide for the metering that will be required for that Consumptive Uae Permit and modify the Buccaneer permit to include this standby well. Mr. Lawrence indicated that obtaining permission to drill the standby well should not be contested provided that the Water Concentration Plan is prepared and presented to the staff for review. The timing for the modification of the Consumptive Use Permit would take (at the earliest) four months. Consumptive Use Permits require Board action and because of this:, there is a 90 day time frame to present any items to the Board. Therefore, the scope of work for this project will include the following: 1) Modify the Buccaneer Consumptive Use Permit Qz combine the Buccaneer and Atlantic Beach Consumptive Use Permits by conducting a Water Conservation Plan study on the Buccaneer System. 2) Design and prepare plans and specifications for the construction of the well at Atlantic Beach Plant /2. 3) Design and prepare plans and specifications for the well at Buccaneer Plant i3. This proposal does not include: 1) Permit fees 2) Construction management and Inspection phase services We will commence the xork immediately upon given Notice to Proceed and will work to meet any reasonable deadline. We propose the payment for our services be on the basis of our current hourly rate, set forth below, plus all required reimbursable costs. RECEIVED MAR 31 1993 Mr. Bob Kosoy March 30, 1993 Page - 2 E11B41C WOt:IC6 The Atlantic Beach area is broken down into two separate and distinct systems, the Atlantic Beach System and the Buccaneer System. Each system has its own Consumptive Use Permit. In the case of Atlantic Beach, the Consumptive Use Permit is CUP 2-031- 0161AWGMR. The Buccaneer System is presently operating under its Consumptive Use Permit 2-031-0007NM2G. In our meeting with Mr. Jay Lawrence of the St. Johns River Water Management District, he informed us that the Atlantic Beach Consumptive Use Permit is presently under review and is approximately 95$ complete. This Consumptive Use Permit is scheduled to be issued within the next few months. In that permit there was a statement that a second well located at plant i2 would be required. Since this statement is included in the permit and the permit has been reviewed and is basically in line for approval, drill.inq the second well at water plant #2 can proceed quickly. Mr. Lawrence indicated that he would be willing to issue an emergency permit to drill the well in order to speed the process. The xell could not be brought on line until the Consumptive Use Permit is actually approved by the St. Johns River Board. Installing the well at the Buccaneer System is a different matter. In the Consumptive Use Permit that was approved in 1991, no indication was made that a third well at water plant #3 would be required. Since the CUP was approved under these conditions, installing another well at plant !3 will require a permit modification. Since 1991 when the permit was approved, the criteria and requirements for securing CUP's have changed. In reviewing the revised requirements, the major item that would be necessary in modifying the Buccaneer CUP would be to perform a Water Conservation Plan. We have experience in these plans from our past dealings with other private utilities in Duval County. Mr. Lawrence indicated that the City has two ways of proceeding to secure these two wells. He is placing a proviso on the Atlantic Beach Consumptive Use Permit that all interconnects between the two systems be metered. This requirement can be withdrawn if the two systems can be consolidated under one permit. If this should be the case, all programs and procedures agreed to under the Atlantic Beach Consumptive Use Permit can be applied to the Buccaneer system. By combining the permits, a water conservation plan for the Buccaneer system will still be required. The second approach to constructing this project would J. LVCk1 b f741oCia~ci, ~riC. Des;gn & Consulting Engineers Janws M. Lucas, P.E. March 30, 1993 Mr. Bob Kosoy Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233-4381 flan0all S. WilOer, P.E. Subject: Engineering Services Proposal - New Water Wells/Atlantic Beach and Buccaneer Systems Dear Mr. Kosoy: We are pleased to submit an engineering fee proposal for the preparation of plans, specifications and permitting for two wells to be located in the Atlantic Beach and Buccaneer water treatment systems. This proposal will remain in effect for a period of 60 days from the date of this letter. Acceptance after that period is subject to a review of the conditions stated herein, and pcssible revision by J. Lucas 6 Associates, Inc. in response to changed conditions. It is our understanding that the City of Atlantic Beach wishes to construct two wells, one located at the Atlantic Beach Water Treatment Plant !2 and one located at the Buccaneer Water Treatment Plant ~3. In zesearrhing this project, three things will be required: 1) complete detail plans showing the construction of the wells, 2) detail specifications showing the conditions of the contract and 3) permitting from the St. Johns River Water Management District for [he construction of these wells. RECEIVgp Mart s2 X93 ~,~ os~5 wrn,ne P.rk~y, ewlolrg zoo. see zoz . Jeekeorn+ie. Fwrina ~s t9o+) ~+aoeo ~c CI7V OF RTLRNTIC BERCH CI7Y COMMISSION MEETING STRFF REPORT RGENDR ITEM: Engineering Services Proposal for New Water Wells (Rtlantic Beach antl Buccaneer Water Plants) SUBMITTED BV: Robert S. Kosoy/Director of Public Works }~K~~ DRTE: June 7, 1993 BRCKGROl1ND: In March 1993, we solicited proposals froo engineering firs for the per a tting and design of an additional well at Rtlantic Beach Water Treataent Plant N2 and at Buccaneer Water Treatment Plant N3. Seven firs respontled to this request Connelly b Wicker, CH2M Hill, Gee b Jensen, Hartean b Rssociates, Lucas b Rssociates antl Pitaan, Hartenstein b Rssociates. Three of the fires provided cost proposals: CH2M Hill 529,800 Hartean 8 Rssociates (15,000 Lucas b Rssociates f 8,400 The design work was intendetl to be coapleted this Fiscal Year and construction started newt Fiscal Vear. However, recent water protluct ion proble~s at the Rssisi Lane Water Plant N3 have created an eaergency situation. Mssrs. Ki• Leinbach, Ji^ Jarboe, Robert Kosoy, Harry McNally and Ji• Lucas aet on 6/3/93 to deteraine if a well could be tlrilletl at Water 7reateent Plant N3 as soon as possible. Mr. Lucas agreetl to perform caeplete design and peraitting work for hiz proposed price of fB,400 on an accelerated work 5chedul e. RECOMMENDRTION: Rccept proposal fro^ 7. Lucas d Rssociates RTTRCHMENTS: Proposal fro• J. `L^'ucas b Rssociates REVIEWED BY CITY MRNRGER:~ o(/ f~q~~ !! ~~ RRENDQ ITEM NO. ~~ w L The Contract was awarded at 422,350.00. and with the three change orders, the total price is 430,750.00. We had 440,000.00 budgeted for this project, so we are well within our budgeted aaount even with our change orders. The first two change orders needed to be perfaraed when the Contractor was on s:t e, and it was within the Director of Public Work's authority to approve these change orders. RECOMNENDRTIDN: 7a approve cuaulative Change Orders for Water Treatment Plant M4 of 48,400.00. RTTRCHNEN75: Letter dated 5/IB/93 to Harry E. McNally fro• Hi-Line Contractors. REVIEWED BV GITV MANRfiER:__jc~~~~ ' (~ R6ENDR ITEM NO. CITV OF HTLRN7lC BEp1CF1 CITV COM9ISSION MEETING STPFF REPORT gGENDR ITEM: Change Orders for Water Treataent Plant N4 i rt~~Y Di i SUBMITTED BY: o v z Harry E. McNally/Utility Plants Director DATE: June 7, 1993 BACKGROUND: We had the two tanks at 2848 Mayport Road Water Treataent Plant N4 inspected on October 23, 1992, after staff advisetl that the tank was badly corroded and in need of repair and painting. Mr. Howie Green pf Howie Green Tank Inspection antl Consulting Service was given the job of inspection and subaitted a report and specifications For repair cleaning and repainting of Water Treataent Plant N4. We then went to bid, and the City Coaaission awarded the Contract to Hi-Line Contractors. Inspector Mr. Howie Green recoaaendetl on 5/17/93, <see attached ite• N1) that an additional •anway access should be installetl in the hydropneuaatic tank and this change ortler was approved by the Director of Public Works. The ne>,t change order was required after the top of the aerator was reaoved and inspected closely. The weld was spot welded and not a solid weld, which created a pocket for rust to develop. There were two rings around the tank that needed to have a solid weld for a cost reviewed and reco vended by Howie Green and approved by Robert Rosoy. Lastly, we found the safety cliabing device would not work and needed to be replaced. The cliabing device dons not give •uM protection and it is ^uch safer to use a steel safety cage. The cost for the cage and painting is 44,500.00. c~ Y_l~ iz~.~/w~rm~ ~~ CFEEiCii IiCY+D - lIDYPCRT %YU !U I~'ALY LA6E (B*1SFD Qd CPIY CF JPL7C9Q7NIIIE CGrllftPl~f; HID NJ. CS-03092) MAY 14, 1993 Wtatn. DI.SI4tICP: 3 TToCDrrNI` M S'DZF>:T IirME _CH[SiC}[ IiCP1D_~Ii?f :~AYP(XP FiI AD 'lO:~LY I lft~_ S'1REEP IFIJ,'I4i:~,800 FT. IFSL,lfi:_1, 800 FP. CWIRFCRIr:~ST1Y~N aG~S~.TIIN 00., IIiC.aID NJ. _CS-0305-92 F~'1~ HY: H(7hTF27 II4R£: 05/14/93 1L71AL gTilIIi'1'ED OOST: $21, 656.44 Iten I[mi DPSCxiptim E9 t i~ te Unit [hit ~ 4bta1 [j7, ^ , .~ ~ 1Lµ. Ccet COet i Aspk~lt Type Ill ([resurface) 532 7tn $25.50 $13, 566.00 7a S-1 Widaliilq(vlft.) 245 'lb[r $27.81 $6,813.44 8 ~+~~~ Rewvjc(less fill) 1200 S.Y. $0.19 $228.00 9 Sea3ing 8 Plilt},; ^~~ 1200 S.Y. 50.37 $444.00 11 Ccepacte3 A-3 Fill(ut-place) 100 C.Y. $6.05 $605.00 7CIfAi, ESTIIM2ID COST 261` SHARUT: CP1Y OF JF~1769QNIIlE CITE ~ A7IANIIC HIIK71 RECEIVED MAY 191993 FUHUC WORKS $21,656.44 $10,828.22 $10,828.22 Sro[~rmlx oasrtax.-riuv Fsrn~,~ CH{Eif]i RdrlD - C'F]Ci+L£ RED 70 EPD CF PARK (H*aSID IN CIRY CF JPQC9GNVIIdE Ct'T~IIRTCI'~ BID NJ. t~L-0021-93) Milt 19, 1993 N[I~LII, DISII2ICf: 3 P~I~IP p STREET tYfME _CF$Ed.Ii R~iD_~%M _C82~£ S1RgT '10:~2D CF PARI(__ S1RF£f IFISIIfl: 421 Ff. amamrx ~,~ _421 Ft. ~AC.'1Q2:I1N, SERVICES & OQ7IRFCIQ25, Ibi:.~3ID EA.:~L-0021-93_ ~`~ ~: :_04/30/92 ~~ ~'~ ODSr: $3,265.00 Iten Itmi Description Eio. 1 4 in. Concrete Sidewalk........... 2 5 in. Concrete Sidewalk........... 82 Sod MC9~7i11i~DJDS 111 7Ya~ Drain (4' sidewalk) EStiaete [hit iAtit 'lUtal Quant, Coat Cost 90 S.Y. $14.00 51,260.00 107 S.Y. $15.00 $1,605.00 150 S.Y. $2.00 $300.00 1 EA $100.00 $100.00 '1VCHI. ESTII~R7ID Cl7SP Arw+ic bo.c.~ RECEIVED MAY 191993 PU64c woRKS $3,265.00 _ ~, 4 E4UaI Opportunity Empoyer DEPARTMENT OF PUBLIC WORKS Streets and Drainage Division Division ORice Room 801 May 14, 1993 6~ Mr. Robert Kosoy Director of Public works/City Engineer RECEIVED City of Atlantic Beach 1200 Sandpiper Lane MAY 19 1993 Atlantic Beach, Florida 32233 Ra: Church Aoad Sidewalk Conatxnction sad P_UB4C WORKS Roadway NidsaSaQ/ReaurtaciaQ Dear Mr. KOSOy: As you have requested, listed below are the estimated costs to be borne by the City of Atlantic Beach for the construction of a 4' concrete sidewalk along the southerly side Church Road from George Street westerly to the end of the park, and for the widening and resurfacing of the Church Road asphalt pavement from Mayport Road to Mealy Lane. The pavement is proposed to be widened from approximately 18' to 24'. 1. 421 L.F. 4' Concrete Sidewalk $3,265.00 2. 1,800 L.F. Asphalt Pavement Widening and Resurfacing(508 Share of Cost) $10,828.22 Total $14,093.22 The above costs are based on the unit price bids for our sidewalk and resurfacing contracts.(see attach'clents) The final cost may _ vary due to unforeseen circumstances. ~• awe any questions or desire additional informs ease contact either Marshall Bowden or me at 630-1341. Since ..///-- Cha~ Fl~r„ p. E. fIPEW4LK by rvFRMOIU( SERVIC$ City Highway Engineer CONT¢A1CT0~ IA.r .aW'F•o, ~f nC_0021-93 ~pl,.~ : 72~_gb96) CEFjr:mb ~J33 r,l, (.4~ru ST SvrcG 323 -M GALIL¢ Ih Sw4 Attachments Pa 344 ~4X,~G 3LLOl py4 by oval hspbali ams ~~~ AREA CODE 90d /6341341 / 22t/ E. BAV STREET I JACKSONVILLE, FLORIDA 32202.3493 'VIII, FAUai Oppwlurxly Englvpx DEPARTMENT OF PUBLIC WORKS Streets and Drainage Division Division Office Room 801 May 4, 1993 Robert Kosoy, P. E. Director of Public Works/City Engineer City of Atlantic Beach 1200 Sandpipez Lane - Atlantic Beach, Florida 32233 R8: C8DRC8 ROAD - SIDHWALR ZNSTALLATION Dear Mr. Kosoy: RECEIVED MIIY v c ISyJ PUBLIC WORKS Transmitted herewith are two sets of drawings prepared by the Engineering Division of the Public Works Department, City of Jacksonville, sheets 1 thru 9, signed May 22, 1992, for Church Road from Mealy Street to Mayport Road. One se*_ of the drawings shows the proposed sidewalk in red and the other set shows the proposed pavement widening in orange. The construction of our portion of the sidewalk between George Street and Mayport Road should begin on May 19, 1993, and should take about a month to complete. Please call if we car. assist you further with [his project. Very truly yours, Charl~lynn, x.. P. E. City Highway Engineer cc: Sam. E. Movsa, P. E. Director o: Public Works .._ -a ctvrer.ts !~ es~ AREA CODE 806 / 6361361 1 720 E. BAV STREET /.IACKSONVIIyE, FLORIDA 322023663 '~IU' A~N-ac~iMe.,f 2 h ' ~ ?~ RECEIVED ^..' MAY 1 1 1'J'J3 ED AUSTIN MAYOR May 5, 1993 OFFICE OF THE MAYOR ffSJ66;tC HrrartKg .WCKupNILI.E. FLORIN 32202 Honorable Dick Brown Councilman, District 3 Office of Cily Council 10th Floor. City HaII Jacksonville, 32202 Dear Cou Thank you for your April 21, 1993, letter cortcemirg the City of Jacksonville/City of AtlaryJc Reach cooperative project to improve access to the proposed regional park in Atlantic Beach. I have instructed the Director of Public Works, Mr. Sam E. Mouse, to install the sidewapk akxg the Jacksonville side of Church Road, from Mayport to George Street. A purchase order is being processed to our contractor for this ptxiion of the sidewatlc. tt is expected atat the work will begin no Wter than May 19. 1993, and be completed rq later than June 25. 1993. Your continued interest and efforts to make Jacksonville and the Beaches a quality place to live are appreciated. I trust this action in response to your letter meets with your approval. \ However, should you have questbns or require additional information, please call Mr. Mokua at 630-1665 or Mr. Charles Fynn at 630-1341. Sincere I Mayor cc: L. A. Hester Chief Administrative Offic/er Robert Kosoy, P. E. / Director of Public Works/City Engineer City of Atlantic Beach Sam E. Mouse, P. E Director of Public Works Charles E. Flynn. Jr., P. E. Chief. Streets arW Drainage Divisbn 7°~ ""~/ ~~~ ~..~P~~~ Inc c~aaxasfiS9 5C€8 ~._9r~ 6'g88ry~y.b~3~~a1+ Y b a > Sa ~~~~~~~~.~ ~$ N ~m_;~'~~~gg~3sa~~~ 3 .S .S,jc ogxob Y 5<~~ pp`o ~a $. s ~~ m~~o~ ~~ ~~~°~ ~ ~i x'~~~~ ~ ~L~a~~ n ~~s L „gyp .g .sa g ~ a. QV i ~~~~~ Sso ~~ v U y b~{~~ ~3~~~ u~ F.. u~ ~ a-> x~ ~ s~ ~~ r s~ J = ~p~~~~yE s~ ~ m s~ ^ l t D u ~ ~~ o~ca nnowwr. Couxcaru,, dsracra a0q 616AI6 Felt IIOy 6E2w6 of,. fa~,~~,i s ~~ '" OFFICE OF THE CITY COUNCIL ~ ~a'1-jJ\ 7Le Hooorabk Fd Austin Ma5'a, 4ty of Jacksoavilk tam Floor City Hau JarJ6omi0e, Florida 37102 Dear Mayor Austin: Apn7 2L ]~ 120 E. ab' STREET YLK60MVYLE. FLORIN ffi20i iAPR 2 2 1993 OFFICE Ur 71-~t (o~it Y'.^„i Pkase reconsider the decision to withdraw the Cq+s paruapa[am io mPra'ing the Jacksovvi0e aide of Church Road, which is the north boundary of Atlantic Beach It appears these was an agreement to ahaz the espeose of imptovemwts oa the street which leads to a regional park is Atlantic Beach. 1 am ought in the embarraoing paaition of not being made aware of the withdrawv cc>~eaativc agreemrnt i am elw totally opposed to wimhoWing planned impcosements from JaabanvIDe teadeab ffi part of a depute wim Atlantic Beach. "I3e attached clipping provides background, In us not make rdatioaships at the Beach worse than they are. 7Lanks for your coosideratioa lirowv Courtclmatt, Ihstria 3 DB/pa Attachment u: Ixx A Hester, (bier Adttlinistratire 0f5cer John Iklaoty, GSuef of Staff Jeanne Ward, Legislative AQairs Ihnxtor p~'p pPR 231993 . SQ.~..~idl4^i4~ yr Ot/ _ ~yPCZw - :~~.. ~. ~A CITY OF ATLANTIC BEACR CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Church Road 6lderalk construction and roadray ridening/resurfacing SUBMITTED BY: Robert S. Kosoy/Director of Public Norke~ DATE: June 2, 1993 BACKGROUND: Mr. Charles Flynn, P.E., Chief, Streets and Drainage Divlsion of the City of Jackaonviile hoe suggested a joint venture rith the City of Atlantic Beach for placing eideralk and roadray ridening/resurfacing of Church Road (vest of Mayport Roed ). The cost for the City of Atlantic Beach is: 1. 421 1. f. of 4' eideralk 53,265.00 2. 1,800 1. f. asphalt pavement 10,828.22 videninc and reaurfac' a Total 514,093.22 The eideralk along the southerly side of Church Road is critical to provide safe access to Donner Perk. RECOMMENDATION: Approve joint venture. Funds to be ahtained from Local Option Gae Tax Fund. ATTACHMENTS: 1. 4/21/93 letter from Councilman Dick Brorn to Mayor Ed Austin. 2. 5/5/93 letter from Mayor Ed Austin to Councilman Dick Brorn. 3. 5/4/93 letter from Mr. Charles Flynn to Robert S. Kosoy. 9. 5/19/93 letter from Mr. Charles Flynn to Robert S. Kosoy. NOTE: Plane with Robert S. Kosoy (rill Oring to m sting). REVIENED BY CITY MANAGER: AGENDA ITFJI NO. w ~. PASSED BY THE CITY COMMISSION ON PZRST READING: PASSED BY THE CITY CONNIBSION ON SECOND READING: ATTEST: Williar I. Gulliford, Jr. Haureen Ring, City Approved as to Forte and Correctness: Alan C. Jensen, Esquire City Attorney 'F ~. ORDINANCE NO. 90-93-160 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING THE ZONING CLASSIFICATION OF PROPERTY KNOWN AS 2383 NAYPORT ROAD, ALSO KNOWN AS A PART OF GOVERNMENT LOT 7, SECTION 8, TONNSHIP 2 SOUTH, RANGE 29, FROM CC COMMERCIAL GENERAL TO ILW INDUSTRIAL LIGHT WAREHOUSING; AMENDING THE OFFICIAL 20NING MAP TO REFLECT THIS CHANGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Community Development Board of the City of Atlantic Beach has held a Public Hesring on and considered a request to change a zoning classification for certain parcels of land submitted by the owner, Terrence Kane and, WHEREAS, The below described parcels will be used for the purpose of the operation of a Nini storage warehouse with outside storage of automobiles, and, WHEREAS, The City Commission has determined that the rezoning will not adversely effect the health and safety of the residents of the area, and will not be detrimental to the natural environment or to the use or development of the adjacent properties in the general vicinity, and is in compliance with the Local Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, PLCRIDA: SECTION 1. The Zoning Nap of the City of Atlantic Beach is hereby changed to reflect the new zoning of property described as 2383 Nayport Road and further described as A part of Government Lot 7, Section 6, Township 2 South, Range 29 as ILW, Industrial, Light Warehousing. SECTION 2. Severability. If any section, sentence, clause, word, or phrase of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions oC this Ordinance. Y~ SECTION 3. This Ordinance shall become effective immediately upon final passage. (4) Route deliverYaen week to regular customers and to their regular deliveries; who hold a olicensesissued ba °f 11fe or other state; and Y the insurance canaurance companies osmissloner of the (6) AnY charitable, religious, fraternal, service or other organization the occasional sales or when Youth, civic, projects are eexclusivel f~draisi Pgojectaiyhen~es the rocs formed ~ r the the charietableerived from the activitiese meabera thereof and wh activities of therorlglous, Your used exclusively fraternal, ganization. ~ civic and service seo. 18-f. IIesalties. shall,~upa n~miction t~her~p o! the provisions of this chapter S5oo.00 or by imprisonm ~ ~ Yq~~tninet~® not exoeeGi~ both.• ent not Y (90) daYB, or any exie4 bona of theiAtlantictW herein shall prevail over existing sections are contrary or in ~~ CoGe to the extent acid ~&S?IOm tent herewith. its final "~' This Ordinance shall take ettect pessage end adoption. immediatel Y upon day of PASSEp by the Cit i 9o~iasion on first reading this _ this PASSEO bP the CSt Gay of Y Commission 1993 aond and final reading ATTEST: ~'~~ KZRG, C ty Cler ~~'~ I• GVLLIFORD, Mayer, Presiding Officers APProved as to form and correctness: ALAN C. JENSEN, ESOVZRE City Attorney who make deliveries at Toast once a whose solicitation is only incidental (3) No solicitor shall in any way unlawfully obstruct, delay or interfere with vehiculaz traffic within the City. (4) No solicitor shall solicit door-to-door at any residence between the hours oP 9:00 p.m. and 5:00 a.m. (5) Solicitors shall solicit only during the conditions permitted. /6) Solicitors shall not solicit at nor enter upon any premises within the City where a "NO Solicitation" sign is poetee in accordance with the provisions of this subchapter, unless otherwise invited onto the premises for that purpose. sec. 16-5. Posting of "mo solieitatioa" BigII. Any person in possession or in charge oP any premises within the City who desires to remain undisturbed by the visit uninvltea solicitors may post or place in a conspicuous or at the entrance of the r of Solicitation^ o p seises a sign containin place near read b r a substantially similaz message inglettersrda "No y a parson approaching the premises, easily sec. is-s. inspection o£ sookr sad Asoords. Upon request of the City Clerk, the holder of a permit shall make available for inspection by any agent oP the City all books, records and papers pertaining to the registered solicitation at any reasonable time while the permit is in effect or after it has expired. seo• 18-~• AaVOOation. issuedhunaer this arts lerlfeshenfindsatghat well revoke any Permit false information or has knowingly vithhelde~ittee has obtaining same or u on v' inforaation1Vin P iolation of any portion of this chapter. see. 16-8. Ezoaptioae. The provisions of this section shell not apply to: (1) Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof; who are )registered asbsuch with the City Clerk and the nrganization solicitors have been lute! as such meabers and the organization has provided each person listed with en approved means of identifi- cation with the organization represented; (3) Newsboys soliciting subscriptions to any newspaper for home delivery within the city; 3 presssor~o r~ the making oP any announcement to or through the which the ther media concerning an appeal, drive or shall Public is requested to make a donation. A aolici tation be deemed tp have jinn place when the Yegtlest is whether or not the arson m g the request receives an made, 6ao. 18-2. Permit; Y donation. Asgietratioa and Diagerpriatiaq AeWired. City without a permit as aye in the Practice of soliciting in the provided for in this article, Premises w' Allthan sth beCite entering into or upon a residential register,with the Cit Y for the Purpose oP sollcitin a .[r..,` A~`."~ Clerk and furnlah her with the fo lowingll (1) The name, local and permanent addresses, weight, height, color of hair and eyes and any other diatin physical characteristics of the a age, race, pplicant; quiahinq (2) The nature or purpose for which solicitations will sale; be made and the nature of the goods, ware6 and merchandise offered for (3) The name and address of the employer or or represented; ganization convicted of (4) A any felon as to whether the applicant has the offense, when Y °i misdemeanor and, if so, ~~ assessed and where convicted and the nature of therefor; and the Penalty or punishment (5) A complete set of fingerprints taken b police. y the chief of sec. 18-3. 7sea. A fee of Pifteen Dollars ($15.00) to cover the cost of invest- igation of the applicant antl processing of the application shall be paid to the City Clerk when the application is filed be returnable under any circumstances, end shall not SeC. 18-~, AegylatiODe sad PiObillitioII9, and display the e (1) while p rmlt issued obliciting, each solicitor must carry the name, address and telephoneyn~e City Clerk which shall contain the name of the person umber of the solicitor whose behalf the so or organization for whose as well es licitor is acting. benefit or on (Z) No solicitor shall in any way unlawfully obstruct, or interfere with the free movements of any person persons will or seek to coerce or physically disturb aanYtot~ller R a,~ ~r OADIHAHCB 1i0. 95-93-58 W OADImAECE AHHlIDIHO CHAPTER 16 07 THE ATLAHTIC HHACH CODH ~DOPTI?]6 yaAIOD6 AOLEB AmD A8GOLATZ0H6 AELaTED TO CHaAITAHLB 80LICI?A- TIOHB, ASQOI1tIH0 a PHAItIT THEREFOR, ,HD PROVIDIH6 AH HPPECTIVH DATH. solleit~orsA a6 ~aptar 18 of the Atlantic Beach Code applies to defined therein and prohibits certain acts upon residential premises in the City, and 1-HERE716, the City Commission desires to adopt various rules and regulations with regard to all charitable solicitations within the corporate limits oP the City, whether on residential or other property, and 1188AEA6, the City Commission desires to require anyone engaged in charitable solicitations to obtain a permit, unless as:capted from Bald requirement herein, and to establish a method of appeal from the denial or revocation of any such permit issued by the City. H01f THHRH70AE, be it ordained by the City Commission of the city of Atlantic Beach, Floride: of Atla~nticHgeachCFporida8 is herebydamandeddtoaread as followsY "Chapter 18 CHARITABLE BOLICITATI0H8 Beo. 18-1. Dafiaitiona. (1I ~haritabla: Of or relating to any benevolent, civic, educational, fraternal, philanthro is patriotic, voluntary health or other eleemos ligious, humane, cause. ynary activity or (2) Q4nation: The act of making a gift or contribution to a charitable activity or cause, including, but not limited to, contributions of clothing, food, money, plsdgas, property, subscriptions or anything else of Value. (3) Parsen: Any individual, firm, partnership, corporation, company, association, societ or nnization, trust, league. y' q group or (4) col+c~~-•SOn: The request, either directl or of any donation or contribution for charitable y indirectly, but rot limited to, any oral or written r purposes, including, sell oz attempt to sell any article, eery u~st/ the sale, otter to tisement, subscription, membership or otherthin lifo~icn, adver- 4 haritabla the authority to refuse application for annual license !or any piq yhich it deass not to be identifiable as a true ainiature Vietnaaese potbellied piq, provieionsgof ~itbeliied pi4 regulated by the as a source of f part shall be maintained or used shall dispose of ao4. go orn~ or aniaal shelter trade or gift of saldt ip q asl ai fooPd ~~ce orasea research animal, but shall dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by surrender to the 1lnimal Control Officer or to the Jacksonville gvmane Soeiaty, or by httsane wthanasla to be administered by the Mimal Control OfPlcar, the Jacksonville gumans 9oeiety or a licensed veterinarian. pailure to eoaply with anY Provision of this section wall constitute an offense punishable by a 5500 fins. ploriOS,state St~.atutes fiche provisions and all or humane treatartt of animals anfl hich~earleynot superseded by any syecilic provision of this part shall apply to the ownership of pet potbellied pigs as regulated tinder this part, its finale This ordinance shall tales affect imaediately upon peseage and adoption. PIWBED by the City Coauission on Brat reading this pa of _ 1993. Y p,8B8D by the City Commission on second and final rsadirg this day of , 1993. Attest: gA[7REP1J KING, C ty C er ~ I. GULLIPOgp, JR. ~Yor. presiding Otfieer Approved ae to form and correotneee: ALAN C. JENS ESQUIRH City Attorney applicable to this part, no pet potbellied pig shall run at large. (a) No pet potbellied pig shall be starved or otherwise deprived of healthful auatenance appropriate for its species and particular nature. Depriving a pet potbellied pig of Healthful sustenance for any purpose, to include the purpose of stunting its growth or having it conform to the weight or height px ovisions in subsection (1) above, shall not constitute an exception to this provision. Violation of this provision shall constitute an offense punishable by a fine of $500. (5) All portions of Chapter 4 which pertain to dogs and cats, or to relevant penalties, fees and time frames, and which are not superseded by declared is oviaiona of this part, are hereby pertain to pet potbellied pigs as defined and regulated under this chapter, with the provisions (1) that there shall be no required annual inoculation against rabies for said pigs, but that written certification by a licensed veterinarian shall be submitted as part of every application for annual license for a pet potbellied pig as proof that said pig has within thirty full business days before said application been inoculated against and/or been blood tested, with negative results, for pseudorabies and for brucellosis, (2) that pet potbellied pigs shall be exempt frog the quarantine provisions of Chapter 4, but shall be subject to the provisions of Chapter 10D-3, Florida Administrative Code, (3) that every application for annual license for a pet potbellied pig shall be accompanied by written certification Prom a licensed veterinarian that acid pig is spayed or neutered and was within thirty days before such application is made in compliance with this section's age, weight and height provisions, (a) that every application !or annual license for a pet potbellied pig shall be accompanied by a sworn affidavit signed by the applicant to the effect that said pig is and shell be for ae long as it is owned by said applicant and regulated under this part the sole pet potbellied pig owned or kept in said applicant's househcld, (5) that before appli- cation for annual license for a pet potbellied pig is made, the owner of said pig shall allow the Animal Control Officer a reasonable and timely opportunity to examine said pig and its bona fides as a registered potbellied pig pursuant to subsec- tion (1) above for the purpose of ascertaining that said pig is a true miniature Vietnamwse potbellied pig, and (6) the Aniaal Control Officer shall have ~p ORDINANCE 110 95 93 57 AN ORDIlANCB OF THB CITY 07 ATLAHTIC BBACH, FLORIDA. AMENDING CEAPTSlt 4• ANINAL9, HECTIOH 4-7, N1IINTAINIEG 8T11BLH8i EEBFIma OF 8069, BY ALL011ENG CERTAIm YIETNAME9E FOTBHLLIED FI68 A8 HOD9EEOLD pSr9 AHD FEOYIDING 1E EPPECTIVB DATE HB IT ORDAINED BY THE CITY COMMISSION OP THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION I: Section 4-7(b) of the Code of Ordinance of the City of Atlantic Beach, Florida, is hereby amended to read as follows: ^(b) It shall be unlawful for any person to keep a nog or hogs upon any property or premises located within the limits of the City, with the solo exception of a bona Fide, purebred miniature Vietnamese potbellied pig which is kept Por the sole purpose of providing human companionship and which is in compliance with all other applicable provisions of this Code, Miniature Vietnamese potbellied pigs may be kept as household pate under the following conditions: (1) ownership of a pig or other seine animal ae a household pet is prohibited, except if such animal is a purebred miniature Vietnamese pot- bellied gig, sue scrofa vittatus, ie no younger than six weeks of age, weighs no more than one hundred twenty-five pounds, measures no more than twenty-two inches in height to be measured to the top of a front shoulder, is spayed or neutered, is registered with a purebred registry which is recognized as bona fifle by the Animal Control Officer ana is kept as a household pat for the sole purpose of providing human companionship. Ownership of such an excepted pig, hereinafter " t potbellied pig," shell be regulated by the provisions of this part. (2) No household shall own or keep more than one pat potbellied pig. (3) Every pet potbellied pig shall be main- tained primarily within the residence o! its owner. No pet potbellied pig shall be kept out-of-floors. Every pet potbellied pig may bs exercised from time to time within a securely-fenced enclosure on the owners residential property or while under the secure physical control of the owner, or other custodian, by means of secure leash, chain or chord. Furcuant to Sec. 4-Z4, which is hereby made r Section 2. The City hereby finds and determines that the financing (the "Financing") described in the Commitment Letter, in substantially the form attached hereto as Exhibit B is in the public interest. The City has considered, among other things, in making such determination, the following: (al the interest rates and covenants applicable to the existing Oak Harbor Bonds, State water Pollution Control Bonds and Buccaneer Bonds to be refunded by the Bank financing; (b) the interest cost savings on the existing bonds, the cost of issuance and other costs of redemption; (cl proposals from other financial institutions in respect of the Financing to be provided under the Commitment Letter; and (d) the City's ability to repay such Financing at the times and in the manner provided in the Commitment Letter. Section 3. The City deems it necessary and advisable for the public health, safety and welfare of its citizens to acquire, construct and install the water and sewer utility system improvements and to obtain the Financing, and hereby approves and accepts the terms and conditions of the Commitment Letter and authorizes the Mayor and the City Manager to execute the Commitment Letter and deliver it to the Bank on behalf of the City, and further authorizes such officers and the City Attorney and the City's Special Counsel to negotiate the final financing documents in respect thereof. Section 4. This Resolution shall become effective irtunediately upon its adoption. ADOPTED by the City Cortunission of Atlantic Beach, Florida, this 14th day of June 1993. ATTEST: William 2. Gulliford, Jr. Mayor Maureen King, City Clerk Approved as to Form and Correctness: Alan C. Jensen, Esquire City Attorney RESOLUTION NO. 93-24 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPROVING THE ISSUANCE OF A ;10,000,000 NOTE TO REFINANCE EXISTING WATER AND SEWER BONDS, TO PAY COSTS OF CONSTRUCTION OF WATER AND SEWER SYSTEM IMPROVEMENTS AND TO PAY COSTS OF ISSUANCE; APPROVING WATER AND SEWER SYSTEM IMPROVEMENTS; HARING A DETERMINATION THAT THE NOTE ISSUANCE IS IN THE PUBLIC INTEREST; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach proposes to make certain improvements to its water and sewer utility system, inr_luding the City's Oak Harbor Water and Sewer System and Buccaneer Water and Sewer System; and WHEREAS, the City has received from Barnett Hank of Jacksonville, N.A.(The "Bank") a Commitment Letter (the 'Commitment Letter") to provide financing for the improvements to the City's water and sewer utility system and to refinance certain existing bond obligations of the City in respect of its water and sewer utility system, specifically the Oak Narbor Water and Sewer System Bonds, the Buccaneer water and Sewer System Bonds and the State Pollution Control Bonds, Series "O"; and WHEREAS, the City has made careful study of the public interest in making such water and sewer system improvements and in securing financing from the Bank pursuant to the terms of the Commitment Letter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA AS FOLLOWS: Section 1. The City hereby finds and determines that the improvements to its water and sewer utility system described on Exhibit A hereto (the "Improvements") is in the public interest. The City has considered, among other things, in making such determination, the following: la) the age and condition of the City's existing water and sewer utility system facility; (b) the existing and future demands upon the City's water and sewer utility system; (c) the ability of the City to provide and maintain high quality and cost-effective utility service; and (d) the projected revenues and operating expenses of the City's water and sewer utility system and the costs of the Improvements. ~' CITY OF 1f4Yaatla ~taek - ~lst6i(R, ~rsorlu't~utt No. 93-25 A RESOLUTION OF THE CITY OF ATLANTIC BEACH THANKING FLEET LANDING RESIDENTS FOR CONTRIBUTIONS FOR THE PURCHASE OF AN AUTOMATIC ELECTRONIC DEFIBRILLATOR WHEREAS, rapid application of defibrillation significantly increases the chance of survival of heart attack victims; and WHEREAS, Atlantic Beach Fire Department wished to acquire an automatic electronic defibrillator to enable Emergency Medical Technicians to better serve the citizens of Atlantic Beach, and WEEREAS, funds had not been budgeted for the purchase of this equipment and citizen volunteers have been raising funds to facili- tate the purchase of this vital equipment. NOW, THEREFORE, BE IT RESOLVED the Atlantic Beach City Commmission commends the residents of Fleet Landing for their efforts to enable the city to purchase an automatic electronic defibrillator and accepts with grateful thanks, their contributions in the amount of 54,730.00. RE IT FURTHER RESOLVED that a copy of this resolution be spread upon the official minutes of the City of Atlantic Beach and the original be presented to the residents of Fleet Landing. Adopted by the City Commission of Atlantic Beach, Florida, this 14th day of June 1993. William I. Gulliford, Jr., Mayor Glenn A. Edwards, Commissioner Lyman T. Fletcher, Commissioner Adelaide R. Tucker, Commissioner J. Dezmond Waters, III, Commissioner -. -- ,.- a., :.. .Wyse L' CITY Uk' A'1'LAN TI I' HEAL'H CITY COt111I SS ION IIEETI NG S'f Ak'F HBPOkT <~; L:un 1'f El:: nPFL1CATIUN FUk. UkUG GNAN'1 G U~1:1'PfED eY: Uavid E. 'Thompson, Cntet oI Police :. r.:E: UtiU//9e -AC6dkUUNU: FE de ral Luntl my iS dude laCle ter drUC edUCati On and eut Or C,_it:c:,t ~~r x':;tics thr ouyh u:e £lcreda Department of Cordu w,ity Aiiaxrs. '1'he ht: suti~. _ea•.h YC. i._E U.:par iruznt cGtaxned yrdnt money fcr t15ca1 yedz 159.->9, ayd 2y;p 11CAi1 Cn:: Ier 1559-94 u1 dr,L5 dZe I]Oll due. 6~Sed On pOFUld C1On, ALisntlC beach 15 En L: Cled L:i a LOidl et :. „ }py' I_~;, nt ,~Lieh := ,notch ur.:ney) 'f 7,e FCixCe De Fartment it Fi oFOSi ny that ,le td Ke 5 _ trcm Toc Lecture funds Lo ma LCh the $17, the oL yrant money distributed by the LepaZ tment of Ccmmuni iY AL Ider5. :.ast yea:, the Poltce Depa omen[ created a Task k'orce enclud ing members ct tLe Atl antic beach F'cl ice Department, Jacksonvelle beach Police Department, Nava: In"Je SL lyaLl Vb SeZV iCE, dnd Othe CS. T'h15 yrOUp bd5 NOrked nUmerOUS narCV L1C:. lnvestlcat:ons throuyhcut the tleaches, and the Atlantic bedc^ SUA'f Team Lu:, hand icd many GL the drug Laid5. F'dndlny IrOIY the 1951-95 grant has pe1C tOr SUET tram u,y, unr. <_rcover d: uy buys, enhance ny inve st tyative eyuipment, end To: oFe rateny suppl res. The 1193-uq apFl ication proposes a continuati cn of U-,is Y'6:. }: i'~:f~... the ::9 d-y.; apps uateon enc Ludes money tot overtime expend tLUres, Ol%erattny 5uFFlies, confidential Iunds, and onao ing StJAT training. The Task Fcrce will Conti ooe Le :nce£ttydte it loyal na [cOt:cs traltic in Lhe Beach ES arae. hECUIICC:: Li:TI UH'o: ifE hECO1aENU Clil lllL°,S IUN AF Fk O'vAL FOk THE CITY TU APF'L'i PUh h: al Lne LE G"r.6NT t'UUUI NG THY.UUGH THE DEFAk TItEtJT OF' COIi11UN IT7 AF'FAIk ;. i,71'A!'h, I;EII _ : IJOllE r - kE'ClE:EC' b'i Ca T'i liH]iAGEk: HID NO. 9293-19 - ONE BACKHOE-LOADER 4X4 FOR PUHLIC NORXS DEPARTMENT INDICATE NAME AND MODEL OF MACHINE (ENCLOSE SPECIFICATIONS AND DESCRIPTIVE LITERATURE) TOTAL AMOUNT BID FOR MACHINE DESCRIBED: f (DOLLARS) SUBMITTAL; BIDDER ~- BUSINESS ADDRESS SIGNATURE CITY, STATE b 2IP CODE DATE: TITLE BUSINESS TELEPHONE Loatlert General Purpose Bucket 1 0 . cu. ytl. Struck capacity. Single lever operation. Hydraulic gctuatetl Coupling Syste• to allow attachaent changing by operator while seatetl in cab (please quote optional pellet forks antl grapple attaehaent>. Backhoe: Extentlable Di o t o pedal control, hydraulically actuat ed 2 truckets - Perforatetl, tlitch cleaning 1 , 4.0 cu. ft. with replaceable cutting etlge. 30" Digging Bucket with replaceable teeth. Dual lever operating control. Reversible stabilizer pads, street antl tlirt. Cab: Open with rollover protection, front antl reaovatrle rear Texan operator protective wintlows. Seat - vinyl, spring suspension adjustable on swivel base. Instrueentation: Gauge Type - Oil, teaperature , gas antl aaperage. Engine q]ar• Syste^ - quto shuttlown o n any low fluitl level with accompanying light antl autlible Blare, Safety lighting - Strobe Type with audible backup alas. Tires: Rear - 16.4 X 24 - 6 1 beless . Front - 12 X 16.5 - e ply R4 Warranty: qll warrant work shall be y parts antl labor F.O.B. gtlantic Beech, Florntla. Bitltler to state STD. MFG. Warranty. City tlesires ext entletl warranty; please quote price on the following; 5 year/2500 hours ext entletl warranty covering engine, powertrain (including transmission , differentials antl axles), hytlraulic puap and valve bankls). ExtenC warranty coverage to be F O B g , . . tlantic Beach, Floritla. ~1RU""~~ - PARTS SeR Uic,C _,_. .sew SPECIFICfiTIONS FOR BRCKHOE-LOgDER The following specifications are intended to serve as •inimue specifications required for the City of Rtlantic Beach. [t is requested the following Class Equipment be b:d: JCB 214, CASE SB0 Super K, CPT 4168, FORD 575D and JOHN DEERE 410 D. Only those bids which Beet or exceed •inimu^ specifications outlined will be considered. the bid wall 6e awarded to the retailer •eeting or eKCeetling outlined specifications at the lowest cost, sub)ect to approval by City of gtlantic Beach, City Cowmission. Manufacturer's Specifications ^ust accompany bid at time of submission, and product offered •ust be supported 6y local franehisetl dealer with parts and service capability. ~X4 BRCKHOE-CORDER Engine: Type - Diesel. CVL - 4 Hp - 65 at 2200 RPM. Displaeeeent - 235 CU. IN. Ma• Torque - 190 FT. CBS. Air Cleaner - Dry Element Type. Electrical Syste^ - 50 aep Alternator, 650 CCR. Maintenance Free Battery. Transmission: 4 Forwartl Gears plus Reverse, Synchro Mesh Syste• in all gears, shift on the GO capabi'_it y. Four Wheel Drive: Mechanical. Steering: Hydrostatic Power Steering (please quote price on optional emergency steer capability on power loss). Brakes: Wet tlisk braking system, pressure cooletl and lubricated. Brake Petlals - Foot operat etl, ability to interlock for roatl use ar torque proportionsl reer differential acceptable. Parking Brake - Independent systee, operator applied. by any political subdivision Eor the procurement of co®odltiea or contrat[ual services, a bid retelved from a business that certifies Chat it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures fot processing bids will ba followed if none of th^. tied vendors have a drug-free workplace program. A form for Chia certification is included with the bid forma. Joan LaYake s e t s e• a eeeetea a x e:see ••• exuxo~aRl~gkA~extt• FLORIDA TINES-UNION: Please publish one time on Sunday, Nay 2, 1993. Submit cad by Joan LaYake - 247-5818. CITY OF 1'~a~rtie ~taelc - ~lesCdsi __ aro SENLYULE ROAD -___ ._._ __ ATLA,'1lIC 9EACI1, FLORmA J321}Jy`< TELFAIONE OOI12fz5a00 FA%f9a112lFJBaJ lay 2, 1993 CITY OF ATLANTIC BEACH INVITATION i0 BID NOTICE is hereby given that the Ci[y of Atlantic 9ea<h, Florida, will receive sealed bids in [he Office of the Purchasing Ageac, 800 Seminole Road, Atlantic Beach, Florida, until 2:00 PM, Thursday, lfay 13, 1992, zfter which time [hey will be publicly opened and read aloud for ONE (1) BACKNOE-LOADE.2 4Y.4 FOP, PUBLIC VORKS DEPARTMENT. Accep[ab le aodels ara as follows: JCH 214 FORD SISD CASE 580 Super K JONN DEERE 410D CA7 4168 Bide shall be enclosed in an envelope endorsed "BID N0. 9293-19, ONE (1) BACKHOE-LOADER 4X4 FOR PUBLIC NORKS DEPgRTMENT, TO BE OPENED AFTER 2:00 PM, THURSDAY, MAY 13, 1993." Specifics riona and Bid Forms say be obtained from the Office of the Purchasing Agent, City Hall, 600 Seminole Road, Atlantic Beach, Florida 32233, telephone (904) 247-5816. Goods and services proposed shall meet all requiremer.[s of the Ordinances of [he City of Atlantic Beach. The City of Atlan CSC Beach reserves the right eo reject any or all bids or pares of bide, valve informal icfea and [echnicallciee, make award in whole or par[ with or vi thou[ cause, and to make [he award in what is deemed to be 1n [he best interest of the Cicy of Allan tic Beach. PUBLIC ENTITY CRIMES - Any person submitting a bid or proposal in response to Chia invitation gust execute Form PUR 7068, SHORN STAT£~[ENT UNDER SECTION 287.133(A), FLORIDA STATIiTES, ON PUBLIC ENTITY CRIPJiS, including proper check(s) in [he space(s) provided and enclose i[ with the bid or proposal. However, Sf you have provided the coapleced form to [he subait [al address listed in Chia invitation and it vas received on or after January 1, 1993, the completed form £s no[ required for the balance of [he calendar year. IDENTICAL 7IE HIDS - In accordance with Section 287.067, Florida S[a[utes, effective Ja^ua ry 1, 1991, preference shall be given [o businesses vich drug-free workplace programs. Rhenever [vo or more bids which are equal with respect to prfce, quality, end service are received by the Stele or BID N0. 9293-19 - ONE (1) BACKBOE-LOADER 4X4 FOR PUBLIC WORRS DEPT. Kai ling Liat: Plorida Machinery and Equlpment Company 11747 Phillips Hlghvay Jacksonville, Florida 32256 Pord Nev Holland, Inc. 2000 Mountain Industrial Blvd. Tucker, Georgia 30084 Ring Pover 8050 Phillips Righvay Jacksonville, Florida 32256 Industrial Tractor Company 6870 Phillips Nighvay Jacksonville, Florida 32246 Case Pover 4 Equipment 11657 Phillips Highway Jacksonville, Plorida 32256 Duval Tractor, Inc. 2346 Weat Beaver S[ree[ Jacksonville, Florida 32209 Super!ot Tractor Company 5355 West Beaver Street Jacksonville, Florida 32254 Omni-Quip Rentals 6 Sales 11350 San Jose Boulevard Jacksonville, Florida 32223 Ocala Ford Nev Holland 2240 N.W. Pine Avenue Ocala, Florida 32778 Florida Equipment d Services, Inc. 7287 W. Beaver Street Jacksonville, Florida 32254 Central Tractor Para 6 Equipment 301 North Yain Street Jacksonville, Florida 32145 Duval Equlpment Company 8618 Phillips Nighvay Jacksonville, Florida 32216 n E i W t d P ( J o ~ nt ¢£ O, .y G rv ~3 c it c o ~ o ~ • F O O W ( 7 U d H 2 ~ ~ W ~ W .- i V O 2 ~ P ~f y ~ w I ~ M d '~ v N Z W ~ O m 9 r-1 J " "~ W LL r° > L7 LL= m a m Y F ' I T Q F 5 m ~ U ~ V ° ~ v ~ d Q aw ~ J c " e ~ I Q 4 z v " W s t i Z ~. Q d a 4 u f O ~ _ W F W U o U 6 u 4 F C % e LLI v a.. .... ~ .~ W c > U W G Q .-~ m 6 a x f V 7 W D ^~ 7 w Y OI ~ ~ wI ~ ~ U v ~ K ~ vl ~ 3 MI ~ ~ ~ cl i G o. m W C W 6 I O O o~ ~. I ~ Z H F OB WI r' LL I ~ P I Q m 0.I 41 yOy ~ W W O• I ~ i H = Z~ ¢ ~ OL' y j F U W ~ .-1 U g m~ ~ ~+ m j ~ a A m _ ¢ ~ D 7 m Fi F W LIP O'er o . ~~a c o; I yC 6 C O ~ O Z u a m o O p LL LL = OV f}.. W Um _U ~"~ Z Q J Q V x V p y, LL ~I ~ ~i Z z O Y f O mli Q O u W 4 V a g I 4 w f V y tp u .r 4 C .1 F u .' W e > U m .ai o R 4 > `° n , , c ~ u ~- , m m = v w-, Y I ff w ~I G u - W E ~c+ .-ui a ., .1 - ~+ W ~ u > U P W C ~ +u+ emu, 6 .~y a 4 u ~ .+ v m = 0. ur -i ~ v G W te U . r n a 3 X Y W z o ~ U 0. ti 9 n .. ~ V V Z~ 0 0 ~i W b ¢¢U' X w 4. C - W a u z p W .~ ~ U _ d c w H M1 Y Y f gym ~ , c V~ U QI 4,J 6 ~ ~" F: I I W y y ~ MN e+ ti W 4 > oc I U o Q; 4 ~ ai 6 V HI n ^c i j i ti. v I O O D k ~ w h t Q ~I v, ~ K l I ~ W U a ~I v v a S . j W pl Y' .~ U , ~ I Pi al = y = m ZZ ~ ..~ l y y I U a mI ~ I [~+ ~ m ~ ~ ~ a K Z o m W I I I 2 W £' 4 (~1 ~ la o, g ~ 3 ~ w.~ 4 O~n C 4 w C I c. u .-1 8 C V~ y~ ~~ -;~ ~ g ..m A Y f ~ O a 2 A ~a ~ ~ u ° o o _ 6 ¢ h V1 .~ 6 ^ m ~ ~ W W ~ U a u .y w .~ W v ~ . V 3 > d O p m ux f 9 U " Y ~ o W o V ¢ ~ 6 4 a 4 F d .d 1 N J ^ a ~ W M C V ~y Y O Q m m u OC) f' ° c a ...~ F W m U c U w ° h m H a u n .~ .. Z ~ ~ e m Q ~ a s '!~ J C ~' V F .~ Q 4.i W M W > > Cl 4 O Q a 6 ms F c u ,i a = a~ ~ W U_ T Q b C..1 4 ~ Y 0 W C U.+ H .1 m ac U I E Eo 6V. n Y 9 'J V F .i Sb ~ 4 W'] 'j, 7 .~. o O ~i f "' ~ yi o~ v ~~ ~ ~ x V UI Mi ~ ~ U 4~l .Pii W' 9 ~ CI W i ~ W ~. ~ H OO O W , < U O S sl m O P: W . l Z W LL i~ O '. ai 4 0 ~~ W W °c 0 I 4 2 x ~ ~ ¢ ~ I m ~ W i .~ ~ ti Q Q' m ~ F CI ~ a ^ _ ? Q Q ~ ~j m !- LL F F W FQ3 The optiona requested represent a aavinge to the City and are needed by Public Morke. These optiona are: 1. Extended rarranty 5 year/5,000 operating hours. 2. Integral pellet fork for unloading received materiels at the City yard. 3. Trseh grapple to defray coat of renting front end loader for yard clean up and serve ae supplement for picking up trash after heavy storms. Therefore, re recommend to accept the for bidder from Caee Porer end Equipment for 554,596.00. RSK/tb cc: Kim D. Leinbaeh/City Kanager Kirk Mendland/Finance Director File - EGUIPMERT CITY OF ~'izllartle ~caek - ~( w9 sAnvnrEa u.E AiLA.VTIC aGCH. FI.OR®9 J]1JJyJR1 TtterlKlnt 1f0112fiS9J1 fAX (9011 3(AJW May 1B, 1993 M E M O R A N D U M TO: Joan LaVal:e/Purchasing ggent FROM: Robert c, Koscy/Director of Public Works •4~L/~/ RE: ACCEPTANCE OF BID !9293-19/BACKHOE BY CASE POWER AND EQUIPMENT On Nay 13, 1993 bide rere opened Eor a Dackhoe vich requested separate prices for the tolloring options; 1• Grapple attachment 2. Extended rarranty 3. Integral pallet forks All retailers met minimum backhoe epecitications, but Tresca Ford Ner Holland could not provide the requested options. The bide ere ae follova: VENDOR BASE N1D MSTN ALL OPTIONS 1. Caec Porer 6 Equipment 643 715 00 Jacksonville, Florida , . 554,546.00 580 Super •K" 2. Ring Porer Jackeonvill 559,725.00 s70, 815. 00 e, Florida 3. Tresca Ford Nev Holland ^e48 390 70 Jacksorville, Florida , . •549, Ogg, 70 Ford 575D •With only one of options re quested CITY OF fl~aaftle ~iat/c - ~(~dq, ~~ as SF1MD•WLE aaD ATI.A."RiC aEACN, EfURD111732U-SMS rFliAipNE Ife111n-!Me FAX (9M1 SfL5aD5 June 14, 1993 ANARDS COMMITTEE MINUTES TNURS~_NAY 13, 1993 The Avarde Coa®ittee met on Thursday, Nay 13, 1983, at 2;00 PM, to receive bid advertised ae Bid No. 9293-19 - HACKHOE-LOADER 4X4 FOR POBLIC NORKS DEPARTl~NT. Present a[ the bid opening were Commissioner Glenn Edwards, D1rec GOr of Public Norka Robert 8. Kosoy, Buccaneer Ucili[y Division Director Marry McNally, Aaeis[an[ Public G:orka Director Ernie Beadle, Building Official Don Pord, and Purchasing Agent Joan LaVake. Invitations to Bid veze mailed to twelve (12) prospective bSddeta. Three (3) bide were received ae follows: TOTAL PRICE BID Case Pover b Equipment Jacksonville, PL (Case 580SK) S 43,715.00 Treace Fotd Nev Holland Jacksonville, PI {Ford 575B) 48,390.70 Ring Pover Jacksonville, FL (Cat 4168) 59.725.00 It is the consensus of [he Avarde Co®lttee [hat i[ recommend [o [he C1[y Commies ion that S[ accept the low bid from Case Pover S Equipment 1n the amount of ;43,715.00, together vlth optiorta in the amount of ;10,831.00, totaling ;54,546.00, and make the avazd accordingly. Respectfully, loan LaVake, Purchasing Agenr CITY OP ATLANTIC EEACB CITY LO!lIISSION NOTING STAPP RBMIRT V~ AG®A lY@1: MGNTFU,Y USAGE REPORT POR PARKS a RECREATION FACILITIES-MAY 1993 SUBlQTT® HY: ROSE H. BLANCHARD, PARKS a RECREATION DIRECTOR DATE: JUNE 7, 1993 RAC[4ROD®: AS REQUESTED: PARKS ACTIVITIES JACK RUSSELL PARK SPRfNG FESTIVAL LITTLE LEAGUE AWARDS DAY TOTAL USERS DONNER PARK CITIZENS FUNCTION JORDAN PARK CITI2EN5 FUNCTIONS RUSSELL PARR CITIZENS FUNCTIONS SCHOOLS TOTAL USE IN ALL PARKS(OU1'DOOR FUNCTIONS) DONNER PARK COMMUNITY CENTER ADELE GRACE COMMUNITY CENTER LAN DAY 15 PRIVATE SCHOOL 40 DRAMA NORKSHOP 25 ABET PERFORMANCES POR THE MONTH ABET REHEABSALS POR THE HONTI! MEETINGS: l7ch STREET COI4fITTEE 20 1,000 1,000 2,000 100 205 150 660 3,115 554 M MEETING-SUN. 60 M MTGS.PRI. 100 SCRABBLE 12 CRIBBAGE 23 BRIDGE 16 ARTS d CRAFTS 6 29H 45 OCEAN CO. 10 SELVA RD. COlH!. 10 REC.BOARD a COlD!ITTEE 10 CLTY MANAGER 6 (2 Mcgs ) STATE ATTORNEY HEARINGS 12 HABITAT BOARD MTG.16 TOTAL USE OP ADELE CRAGS COID!.CENTER-MAY'93 724 THE PARRS d RECREATION DEPT. NAS SERVED A TOTAL OP 4,393 CITIZENS IN THE MONTH OP MAY NOT INCLUDING TENNIS d RACQUETBALL a BASKETBALL PLAYERS! ~' KEEP FINDING NAYS TO PROVIDE SERVICE TO TBE CITIZENS A'1TAC84~IIS: PLEA56 NOTE THE RATIO OF OUTDOOR ACTIVITIES PREFERRED TO INDOOR! REYIENEp BY CITY v.v.roe: ~/' -{li~~~ AG®A ISPlI 60. (O C ... _.... ~.~ ._ . - s~ ... ~ -.._, l.,.c..~.~ . _ ~......~,e..-- _ ~~ lIENORANDUX TOE xi^ Leinbach, City Manager FROM: George F'orley, City Planner l ~- DATE: June 7, 1993 RE: Couunity Developaent Block Grant Prograa Following ie the current atatua of each of the aajor eub-parts of our CDHO contract with the City of Jaekaonville. B4hab ~ hoaee of ld rl /hen " All 4 identified hoaes are currently out to Did with the bide due June 29th. work expected to be coapleted by Bepteaber let. Rehab 3 hoaes low/nod s i Theee are being bid along with the 4 hoaes noted above. Sane coapletion date. Jordan Park iaorov a nt ; Addition of restrooa facility bid awaiting finalisation of location aid plane. Szpected to go out to bid by Juae 22nd. Basketball court will be bid aiaultaneously. Deaolition indeed c~aran,~; Three structures currently under condeanation proceediage. Hide will go out Individually as proceedings conclude. PSlicheee of esaeaenta and right f wa ; Donner CDC asaiating in negotiations with owners of properties for possible donation to City. If this is ^ucceeaful, budget transfer of released funds will be subaitted. Funds are expected to be transferred to allow additional housing rehebe. G~' CITY OF ~AlaArtic E"ute(-'~(~a - -. -_ ... _ .. _ .._._ A'FL.I'T113W SlND0yp0y LINF aF.11:N, FIpaID1 ]3y1-1.181 ~~ T+iFiNONe 180113n.st11 June 4, 1993 M E M O R A N D U M TO: Kim D. Leinbach/City Manager FROM: Robert S. Koeoy/Director of Public Norke 1 RE: MATER AND SEVER COMMITTEE REPORT 141 The Mater and Serer Committee met on May 27, 1993 and the TomeHarka TimeTorneendenAlandPatter,~cNarryrNcNallan Jensen, Fletcher and BoD Kosoy. Y. Lyman Me discussed the Draft Letter of Commitment from Barnett Bank for a 610,000,000.00 line of credit. Each of the 21 items •ere reviered, comments noted, and it ras decided that a meeting betreen Barnett Bank and the City be scheduled as soon as possible. This meeting rag held on June 2, 1993 at the Barnett Bank and Kim Leinbach, Kirk Mendland, Chauncey Lever, and Alan Potter from the City met rith RoD Bartnoveky Letter rof Commitment rillebe completed by pJune 19at a Final 1993. On May 27, 3993 Tom Hark and Bob Koeoy compiled information and on Junr 1, 1993 Tom Havk submitted a draft Engineering report to Bob Kosoy. This report, in final form, rill complete Item 10 of the Barnett Bank's Letter of Commitment requiring an Engineering Feasibility Study. Elapsed time readings at the Atlantic Beach Lift Stations were taken on May 20 and May 23, 1993 and a summary report hoe been completed. These figures are Deing analyzed for the effect of infiltration, inflor snd heat pumps. RSK/tb cc: All Attendees File - 93-NSCR YES ~ NO ~ Should we negotiate a broader s activities which they would staff andc for Which they could charge? ' YES ~ NO ~ Would you consider contracting with ABET/Carson NNNN'"'~~~~7777 Nerry to provide a Performing and Fine Arts Center for Atlantic Beach in the Adele Grage Center? ' ~ ~ YES ' NO ~~ ~ YES ~ NO I In lieu of rent, would you agree to the Thursday night free, lover ticket prices for A.B. residents, perhaps scholarships for dramatics in some relationship to number of paying students? Do you have any other helpful insights or suggestions? THANK YOU VERY NUCH! If you answered yes above, please continuewith the following questions: would you be prepared to alloy ABET rather extensive use and control of the front half of the Adele Grage Com. Cntr. -'IeFNlm_-~i YES ~ NO ~ Roster of players, Roll of members or subscribers. YES ~ NO Every contract renewable annually. YES ~ NO Calendar specifying the exact blocks of time, facilities needed, etc. provided IN ADVANCE of the season. (All times not specified are subject to being let!) YES ~ NO ~ If salaries are to be paid, the amount should be specified up front and in advance, and shown in any any all financial statements submitted to the City. YES ~ NO Clauses which hold the City harmless. YES ~ NO Special signs may be used with the permission of - ( ) director of Farks or (/) the City Commission or (~) the City Manager provided they are removed after the season or activity. ~' YES ~ NO Special Charges negotiated for extraordinary or expensive requests or usages: ball park lighting , tennis lights, permanent storage, set up, etc. By whom should they be negotiated? z ~ mot; , ~oh,.,,syo~; ~ u~, ~~;a~a YES ~ NO Proof of non-profit, tax exempt status. Other suggestions: YES ~ NO Beyond contractual annual usages, A.B. facilities will be provided on a first come, first served basis. YES ~ NO Would you support a small annual revenue floe to the Parks and Recreation Board to challenge them to implement programs which would be provided by volunteers so that there is little or no cost ________________ for personnel? __________________________________________ YES ~ No ~ ________ Should we negotiate a new contract with the WMCA whereby they provide some minimal involvement in the park for children through adults (e.g. providing and collecting nets, balls, bats, etc. so others may use the park)? z Dear Fellow Commissioner: Please let the Parks and Recreations Fact Finding Committee have your advice n the following points: ~~ ~ YES ~ O Do you favor charging A.B. residents, A.B. based organizations, A.B. businesses, governmental departments (add more if you like) which host, provide, or create not-for-profit social, charitable, cultural, recreational, entertaining, informational, fraternal, community activities or programs which meet the needs of some section of our folks here in A.B.? If you voted YES, answer the following questions: `Al~ ~ YES ~ No ~ Do you favor charging for every usage of A.B. public facilities? YES ~ NO ~ Do you favor after business hours and weekend charges? ~~ ~ YES ~ NO Do you favor the original suggestion of the Adele Graqe Renovation Committee? YES ~ NO ~ If time and space were available in any of ovr facilities, would you be agreeable to RENTING space to activities and programs held for the benefit of people outside A.B. or offered for financial gain or as a promotional activity for future sales? YES ~ No ~ would you approve surcharges on tickets, players, users from outside A.B.? YES ~ NO Do you thinY. every user of our facilities should have to put down a CLEANING/KEY DEPOSIT which can be refunded if everything is fine. YES ~ NO ~ po you favor long term, annual, and contractual arrangements for our public facilities (e.g. Little League, ABET, YMCA, etc.)? Zf you voted yes to the above question, please check the items below which you believe should be in a~ annual contract: ~~-~ YES ~ NO Proof of insurance in a predetermined amount. YES yi NO ~ Financial statement. How often? ~ ~/ ~~ (/ / ~ ,9N~/k 9 ~~/ r SG. Summary of Parks and Recreation Committee's Survey of Commission on Honday, May 24, 1993: It remains clear that the commission is divided on the question of charging for the use of facilities. There is some support for charging fees for facility usages after business hours. There also seems to be a lingering desire to provide categories of exclusion. How to develop that list of exclusions is proving very difficult, if not impossible! whatever the ordinary rules and charges will be, the commission clearly favors special annual contracts for users capable of providing desirable services for our city and its residents. beyond the traditional characteristics of these contracts, there are some interesting new points: i. Tremendous support for surcharging non A.B. residents for using our facilities and services. This is particularly desirable since such charges will be collected by the user and then paid to the City without tying up our personnel. 2. Continued support for requiring financial statements from long term users of the city's facilities. 3. Specific and unanimous support for charging annual contractors (and perhaps all others) for extraordinarily expensive impacts on the City such as stadium lights or storage spaces. 4. Confirmation of contractual users providing salaries for themselves and their employees where applicable. Unfortunately the survey failed to ask your input on the question of who should negotiate contracts. Further it is clear that, in future negotiations, the City will try to create or expand more and better services for our citizens through our annual contracts. This commission has authorized a contract be drawn up with ABET for the establishment/continuation of a Performing and Pine Arts Center operating out of the Adele Grage Community Center. yEAIO ioNE. x 3 0 to Parulw~ br OtML o..cy S IGM S O+fK/r4 bf Ordl arty S•s..~ 1SfACh nvE ~- CLolSlrrs co„do ~ s . yD l'1'1 'i JF' i, i.'i r.1.7.i1 L'i: i:ih l'1T'i CG!:::1 E: , i:; :: Ci: i'C:IId ..7i,: 1. , _r ., ... hGEll DA I1'EII: Prr:ett Fari:a r, .. or. .,,,. :,t. r.-; SUBIII TTEE BY: LnieP David E. '1'Iw ru. s .. h`~~ UATE: Ue/U7/'e3 bh CE:GKGU[:U: keS luen is 11v1n:: o,i lOTI: that th. CttY ~ ar tn._ 'a t :,,; 1 .V -str.i F 1nq i - - it ii ~ Perk inu on1Y. H thr b us r } L .,ui 1 ll 1,"~ i I zr::t sPaczs t. be mark:c foy t. ., .ate ~ne -, tt Ir:, I. .,;~,::L~ the E'olice De =Fa- ~ t" :~. T°"'"'1 :t'r: i:: t!:ouyh partment f 1 no ot,~ti cn_. t!,r c uas FroP OSed needed sci::« ,rmc. ucatro:.s. ..• V.... ` ~-". ~ -kiny d.. :.. un th.r The Folrcz C'hiei has me[ urth 115. Lar:i.r at iachEd a,rd d%~~=used L,E I:a rk Lnu azea. and inz Prcpc Sal has trEL ayreed uPUn. '1'h:c. it aq: a;; l:erPS the same number o2 Pe Lmlt cPaCeS d5 Fre VrGUSly £UyyeSLEd, CUt LhEY atE L': cUPEd dl LLCLEIILI Y. Atlditional ly, the res ltle Cts ~.rould tir.r to a:e sou,. inl-ut rr.to Ute Bruns that are to bE PcStEd in Lront of the comPl E::. ae zest tlenis rn that area bEfo , Flan to mEet lia [t, sE VE ral rE ac tual.Y n~al:i r,y ar,d postino the <t ns 9 kEC011HENUATIONS: IT 15 kECGH1IENDED THA'I' 1'HE CIT°i CUII!Il `;;;1GH Ai PkO VE THE PERMIT PAP.EING AS SH01'iN IN 'fHE hTTAC'HIIENT. A T'ihCHHENTS: GnE dlauram of F-rki. re^commer d n luTH ~ttee t. KEVIEIi EiJ B5' CITY IIhNAGEk: /mot / ~ik~a~-_ ~~ =i/-' nG71:N UA 1TCII NC. 'mar'/ City of Atlantic Beach June 9, 1993 Page 13 We accept this oomrnitment and agree to its terms, requirements and conditions, this _ daY of , 1993. BORROWER: CITY OF ATLANTIC BEACH By: William I. Gulliford, Jr. Its: Mayor By: Maureen King Its: City C1ezk By: Kim D. Leinbach Its: City Manager City of Atlantic Beach June 9, 1993 Page 12 20. Acceptance sad Expiration: Pleax inform tts of your acceptance by signing and returning the enclosed copy of this Commitment Letter by 5:00 p.m., EDT, on June 30, 1993. If the closing for the Noses does not occur on or before July 1, 1993, the Bank's obligation hereunder sha11 be extended for an additional thirty (30) days and ~ thereafter automatically termioate. 71te Bank's committnent to purchase the Notes at the interest rate xt forth herein shall terminate on July 31, 1993, udess the Bank and the CSty mu agree to extend the term of this Cotmitment Letter. tttally Sincerely, BARNETT B~ o ACK NVIII,E, N.A. gY ¢obert A. B [efts: Vice President (AB: COm-hr3) City of Atlantic Beach Lune 9, 1993 Page 11 16. Required Provisions: The final Note documents will include the Bank's standard provisions relating to tax- ezempt financing and such other instrument and documents as the Bank or its counsel shall reasonably require. The City will take all actions, including but not limited to the adoption of an authorizing resolution in form satisfactory to the Bank and the Ciry and their respective counsel, prepazed by the Bank's counsel, necessary to designate and qualify the Notes as Qual~ed Tax-exempt Obligations under the Tax Code. 17. 1)eradt, Credit or Financial Condition: The City's failure to comply with the material terms, requirement and conditions of this Commitment Letter will constitute a default and, if such default shall continue for a period of thirty (30) days after written notice thereof shall have been received by the City from the Bank, unless waived by the Bank in writing or cured such default will relieve the Bank of any obligations under this Commitment Letter. The Bank's failure [o comply with the material terms, requirement and conditions of this Commitment Letter will constitute a default and, if such default shall continue for a period of thirty (30) days after written notice thereof shall have been received by the Bank from the City, unless waived by the City in writing or cured, such default will relieve the City of any obligations under this Commitment Letter. The Bank will not be obligated to purchase the Nola if any adverse change bas oavrted in the credit or financial condition of the City or if the City is involved in any bankruptcy, reorganization or iruolvenry proceedings. 18. Assignment and Assumption: This Commitment Letter may no[ be assigned without prior written approval of the Bank. 19. Governing Law: This Commitment Letter and all document to be delivered in connection herewith shall be governed by, and cronstrued in accordance with, the laws of the State of Florida without reference to the choice of law rules or the conflict of law rules of that State. City of Atlantic Beach June 9, 1993 Page 10 13. Counsel Review: The law firm of Mahoney Adams & Criser, P.A. will act as Bank counsel at the expense of the Ciry, Ixgal fees for Bank counsel will not be in excess of 525,000. All documentation executed and delivered in connection with [he issuance of the Notes shall be prepared by the Bank's counsel, including but not limited to, a resolution to be adopted by the City Commission authorizit.g the issuance of the Notes, the nonarbitrage certificate, LR.S. Form 8038-G and Florida Division of Bond Finance Forms 2003 (Bond Information Form) and 2004-B (Bond Disclosure Form- Negotiated Sale), and shall be in form and substance satisfactory to the Bank and its counsel and the City and its counsel and all other legal matters shall be satisfactory to the Bank's counsel and the Cit}fs counsel. As a condition to the Bank's obligation to purchase the Notes, the Bank's counsel shall provide to the Bank and the City its favorable opinion concerning the tax-exempt status of the Notes. The City agrees to provide opinions of counsel for the City addressing such legal issues concerning the Notes and the Project as the Bank or iu counsel may reasonably require, including, without limitation, the organization of the City, [he authorization for the execution and delivery of the Note documents, the proper execution and delivery of the Note documents, the enforceability of the Note documents, the absence of violations of usury or consumer credit laws as a result of the payment of any interest. fees or charges due under the Note documents, and the absence of litigation or pending or threatened litigation. 14. Liability Clause: Any reviews or approvals by the Bank will be for the benefit of the Bank and not the City. The Bank has no liability for any detects including but not limited to, structural or material defects in the Project. 15. R'aivcr of Jury Trial: The Bank and the Cily hereby knowingly, voluntarily and intentionally waive any right either may have to a trial by jury in respect of any litigation based on this Commitment Letteq or arising out of, under or in connection with this Commitment Letter or any related Note document, or any course of conduct, course of dealing, statements (whether oral or written) or actions of any party hereto or to any related Note document (or of any such party's aRliates, agents or employees). The parties consent to jurisdiction and venue in the state or federal courts in lluval County, Florida, in the event otany such litigation. This provision is a material inducement for the Bank and the City entering into the subject Note transaction. The Note documents shall include such additional requirements concerning jury trial waivers as the Bank may require. Cily of Atlantic Beach June 9, 1993 Page 9 10. Disbursement (Draw-down) Schedule: All disbursements (draw-downs) for each masWCtion project will be subject to approval by the Bank in accordance with its normal wnsWttion loan procedures and the terms of the final Note documents, which generally require written disbursement requests which shall be accompanied by appropriate certificates of consultant engineers and City officials regarding work performed, work remaining, percentages of budget disbursed and undisbursed, and statements regarding funds required to complete the patticular construction project. No proceeds shall be disbursed for mnsWttion costs for a particular construction projett until a consWttion schedule, consWttion budget and feed price construction contracts (including performance and payment bonds) have been provided to and approved by the Bank; however, upon request by the City, the Bank will negotiate the terms of disbursements to pay the costs of design and engineering for the Improvements pr'or thereto. 11. Conditions Precedent to the Purchase of Notes: In addition to the execution and delivery of fatal Note documents acceptable to the Bank on the terms and conditions contained herein (which documents shall contain the complete conditions to Note purchaze), the obligation of the Bank to purchase the Notes shall also be subject to satisfactory review by the Bank and its counsel of documents establishing the authority and ability of the City to issue the Notes, to refund the existing debt, to set water and sewer rates, to operate the water and sewer system, to engage in the Project and to prosecute the consWttion of the Projett. The Ciry and its counsel shall cooperate with the Bank and its counsel in providing such documenu and other materials az the Bank or its counsel shall request In addition, the City shall consult with [he Bank and its courtul regarding the various service areas of the City's existing water and sewer systems, and the wnsolida[ion of the operating accounting system therefor. I2. Closing Costs and Service Charges: The City will pay all closing costs and fees, including but not limited to, the Bank's attorneys' and paralegals' fees. If the Note issue does not close az a result of any action taken or failed to be taken by the City and within the control of the Ciry, the City agrees to pay, within ten (10) days of demand, all expenses incurred by the Bank, including the Bank's reasonable attomeys' and paralegals fees and expenses in addition to any reasonable fees incurred by the Bank in colletting such cosu and tees. 1(the Note issue dues not close a5 a result of any action taken or failed to be taken by the Bank and within the control of the Bank, the Bank agrees to pay, within ten (10) days of demand, all expenses incurred by the City, including the City~s reasonable attorneys' and paralegals' fees and expenses in addition to any reasonable fees incurred by the City in collecting such costs and fees. City of Atlantic Beach June 9, 1993 Page 8 the gross revenues may be adjusted to reflect the gross revenues which would have been derived from said existing water and sewer system az if such existing system had been a part of the City's water and sewer systems during such 12-month period, (iii) if the City will be constructing or acquiring extensions or improvements to the Citys water or sewer systems from the proceeds of such additional notes and has established rates by official action to be charged and collected from the users of such facilities, such gross revenues may be adjusted to reflect the revenues estimated by the consulting engineers to be derived during the first 12 months of operation after completion of the construction or acquisition of such extensions or improvements; or B, in the case that the lien of such additional notes is subordinate to the Bank's lieM then: (1) acceleration of such additional notes shall be an event of default under the Bank's Notes; and (2) the subordination provisions of such notes shall be acceptable to the Bank. 9. Professional Consultants: The City shall engage a consultant engineer and certified public accountants acceptable to the Bank (i) to prepare an engineering feasibility study and (ii) to prepare (or review the City-prepared) forecasu of Pledged Revenues, Project Costs and debt service coverage, respectively. The engineering feazibility study shall include a description of existing facilities, proposed improvements and costs, affected service areas and capacities relative to forecasted demand (including, without limitation, capacities under any required permits and intergovernmental or private contracts for water source, sludge disposal, etc.), az well az addressing environmental and permitting requirements and the status of the Cites compliance with all existing laws, regulations, rules and permits. The City shall also engage a consultant engineer acceptable to the Bank to act az construction manager for those portions of the Project az the Bank shall require. All such professional consultants shall be engaged by the City, and the City shall provide copies of their reports and memoranda, etc. to the Bank. City of Atlantic BeacF. June 9, 1993 Page 7 The final documents shall contain additional covenants of the City regarding, among other things, maintenance of insurance, diligent collection of water and sewer service charges, no permitting of atry competing utility, no provision of free service, retaining consulting engineers as necessary for the Project, compliance with all applicable laws, not permitting arty other indebtedness secured by the Pledged Revenues, except as described below, and no sale or mortgage of any of the City~s water and sewer plant and equipment. 8. Additional Debt: The City may secure additional notes with a lien on the Pledged Revenues only if: A in the case that the lien of such additional notes is on a parity with the Bank's lien, then: (1) aceeleration of such additional notes is an event of default under the Bank's Notes; and (2) the City sball have obtained a certificate of an independent certified public accountant to the effett that the gross revenues of the City~s water and sewer systems for the immediately preceding fiscal year or the immediately preceding twelve (12) consecutive months, adjusted as hereinafter provided would have been sufficient to provide a 'Debt Service Coverage Ratio' for the Cityfs total water and sewer system indebtedness of at least 120 to 1.00, assuming that the maximum annual debt service for the additions; notes was included in the indebtedness relating to the City~s water and sewer systems. The Bank and the City shall negotiate the exact definition and calculation of the "Debt Service Coverage Ratio", which shall generally be the ratio of net cash revenues divided by aggregate interest and principal for the City's water and sewer system. For such purpose, the gross revenues of the City's water and sewer systems may be adjusted by the independent certified public accountant upon the written advice of the City's consulting engineers, at the option of the City, to reflex (i) if the City, prior to the issuance of such additional notes, shall have increased water and sewer service charges, the gross revenues for the 12-month period may be adjusted to show the ;rocs revenues which would have been derived if such increased water and sewer service charges had been in ef(ett during the entire 12-month period, (ii) if the City, prior to the issuance of the additional notes, shall have acquired or contracted to acquire a water or sewer system the cost of which will be paid from all or part of the proceeds of such additional notes, then Ciry of Atlantic Beach June 9, 1993 Page 6 The Ciry shall also provide the Bank with such other financial information as it shall reasonably request from time to time. Such information may include, but is not limited to, financial information relating to the Project and the Pledged Revenues. B. The City shall covenant to xt and increase water and sewer service charges at levels which are sufficient to (a) pay the expenses for operation, maintenance, repairs and replacements of the Cityls water and sewer systems, (b) pay the principal of and interest on the Notes and all other indebtedness relating to the Citys water and sewer systems as the same shall become due and payable, and (c) fund a restricted reserve account with annual amotmts equal to [en percent (10%) of the sum of items (a) and (b). The moneys in the restriMed reserve account will be used by the Ctity for the purpose of funding the quanerly Debt Service Reserve Fund instaihnents, and paying the cost of extensions, improvements or additions to, or the replacement or renewal of ppital assets ot; or extraordinary repays of; the Cit}fs water and sewer systems; provided, however, if other available moneys are insuf5deat to pay when due the principal of and interest on am indebtedness rehttiag to the Cit}'s water and sewer systems, the moneys in such restricted reserve atxount will be uud by the Ciry to pay the debt service on such indebtedness. C. The City will immediately give the Bank written notice of arty Event of Default or an event which with the passage of time would become an Event of Default under the Note documents of which it shall have actual knowledge or written notice. D. The Bank shall have the right, at all reasonable times, to enter and to examine and inspect the Project. The Bank and its duly authorized agents shall also be permitted, at all reasonable times, to examine the books and records of the Ciry relating to the Project The Bank shall receive notice of, and shall be entitled to attend (by and through its agents) meetings of the City staff and its consultant engineers or other consultants regarding substantive and material matters concerning the construction, xheduling, cost or revenues associated with the Project. E. The City shall timely obtain all necessary permits and approvals required for the completion of the Project. The City shall comply with all federal, state and lo~l laws applicable to the Improvements and the operation of iu water and sewer xrvices, including all conditions of applicable permits, licenses and interlocal agreements related thereto. The Ciry shall provide a detailed description of the components of the Project, together with a projected commencement and completion xhedule, which shall be acceptable to the Bank in its reasonable judgment, prior to the closing of the Notes. City of Atlantic Beach June 9, 1993 Page S 6. Security: The City will drawdown and apply a portion of the proceeds of the Notes to the defeasance and subsequent retirement of the City's Oak Harbor Bonds on March 1, 1994, to the defeasance and subsequent retirement of the City's Buccaneer Bonds on May 15,1994 and to the defeasance and subsequent retirement of the State Pollution Convol Bonds, Series 'O". The Oak Harbor Bonds are secured by a lien upon the net revenues of the Oak Harbor water and sewer system. The Buccanee: Bonds are secured by a Tien upon the net revenues of the Bucearteer water and sewer system. The State Pollution Convol Bonds, Series "Q" are secured by a lien upon and pledge of the net revenues of the City's sewer systems. Upon the defeasance of such Bonds, the Notes will be secured by a first lien upon and pledge of the net revenues of all of the City's water and sewer systems (the "Pledged Revenues"). The Cit}~s water and sewer revenues, and its accounting records in respect thereof, shall be consolidated following the redemption of the Oak Harbor and Buccaneer Bonds. "Net revenues" will be defined in the foal Note documents. The City will covenant that, to the extent the Pledged Revenues are not suffcient to satisfy payments under the Notes, the City will budget and appropriate from legally available non-ad valorem funds the amounts necessary to make all payments due under the Notes. The City agrees to execute any and all documentation in connection with the Notes as may be reasonably required by the Bank and its counsel to provide such lien upon and pledge of the Pledged Revenues to secure the repayment obligations of the City. 7. Covenants: The final documents relating to the Notes will include [he following covenants which tray be deviated from only with the Bank's consent: A. The City will submit annual audited financial statements prepared in accordance with generally accepted accounting principles by the 120th day following the end of each fiscal year. The City wilt maintain a system of accounting in accordance with generally accepted accounting principles, and will furnish a certificate of the independent certified public accountants preparing such statements addressed to the Bank stating that either (i) during the course of their preparation of the financial statements of the City nothing came to their attention which led them to believe that either the City was in default under the Note documents, or (ii) the nature and extent of any matter which led them to believe that such default had occurred. City u[ Atlantic Beach June 9, 1993 Page 4 G. FS~S: The City shall pay to [he Bank simultaneously with the closing of the Notes a fee of 525,000 for establishing the financing described herein. 4. Tax-Exempt Status: The final documents will contain covenants requiring the City to comply with all laws required to preserve the tax-exempt status of the Notes, including allocations of reimbursement proceeds and covenants on the use thereof, if applicable. The GSty will covenant that it (i) will not use the proceeds of the Notes in a~ [Wanner which would cause the interest on the Notes to be or become includable in the gross income of the owner thereof for federal income tax purposes or cause the Notes not to be Qualified Taxtxempt Obligations, (ii) will not do arty act or fail to do any ad which would cause the interest on the Notes to become includable in the gross income of the owner thereof for federal income tax purposes or pose the Notes no[ to be Qualified Tax-exempt Obligations, and (iii) will comply with all provisions of the Tax Code necessary to maintain the exclusion of interest on the Notes from the gross income of the owner thereof for federal income tax purposes, including„ in particular, the payment of any amount required to be rebated to the United States Treazury pursuant to the Tax Code. The final documents will contain provisions regarding an increase in the interest rate applipble to the Notes to preserve to the Bank its after-tax yield on the Notes; provided however, that no such increase shall be applipble if the pose thereof is due to factual circumstances of, and unique to, the Battle. The Bank and the City shall cooperate, a[ the expense of the City except az to matters described in preceding proviso, to m~nimi~a, to the extent practipble, the impact of any tax law changes or circumstances or events giving rise to an increase in the rate applipble to the Notes, and any such increases shall deferted for such period of time az the Bank and the City shall agree in the final documents. 5. Rebate: The City will be responsible for determining any rebate to the United States Treazur} which is required by Section 148 of the Tax Code. However, if the City fails, in the Bank's judgment, to properly determine such rebate amount then the Bank may, at the City's expense, hire couttsel, accountants or experts which the Bank, in its sole discretion, determines advisable to determine the amount, due dates and any other rebate requirements and the City shall remit such rebate amount to the federal government not later than the due date thereof. The Bank will not be liable for any failure to comply with Section 148 of the Tax Code. City of Atlantic Beach June 9, 1993 Page 3 F. Reoavment Terms: (1) Quarterly Payments Interest only will be payable on October I, January 1, April I and July 1 of each year beginning October 1, 1993, and wntinuing through and including July 1, 1996. Payments of principal and interest will be payable on each October 1, January ], April 1 and July 1 of each year beginning October 1, 1996, and wntinuing through and including July 1, 2008, in amounts which will be sufficient to fully amortize the principal of the Notes in equal quarterly installments during such period. All outstanding principal, together with acaved and unpaid interest thereon, will be paid no later thar. July I, 2008. (2) Prepayment The Notes may be prepaid, in whole or in part, without penalty or premium, at any time prior to maturity. The City shall provide the Bank with ninety (90) days written notice of its election ro prepay the Notes. The Notes must be prepaid (without penalty) to the extent that arty portion of the proceeds of the Notes are not uxd for the Project as provided in the final Note documents. G. Rexrve Fund: There shall be established a Note fund (the "Debt Service Reserve Fund'), which shall be maintained for the benefit of the Noteholders fn an amount not Tess than 5500.000.00 (the "Rexrve Amount"). Funds in the Debt Service Rexrve Fund may be uxd only for the payment of debt xrvice on the Notes, or, with the wnsent of the Bank, for prepayment of the Notes. The funds to be deposited in the Debt Service Rexrve Fund shall be paid from available revenues of the City (including from revenues available from water and sewer charges remaining after payment of debt xtvice) in equal quarterly amounts of 541,666.61, commencing on July 1, 1993 and wntinuing on each October I, January 1, April 1 and July 1 thereafter until amounts on deposit therein shall equal the Rexrve Amount. The Debt Service Rexrve Fund shall be maintained in an account at the Bank and invested in interest-bearing xcurities choxn from authorized investment vehicles to be described in the final documents. City of Atlantic Beach June 9, 1993 Page 2 use of funds schedule to be approved by the Bank and the City on or before the issuance of the Notes. 3. The Notes: A Principal Amount: Up to 510,000,000 or a lesser amount mutually acceptable to the Bank and the City. B. Interest Rate: The Notes will constitute 'quali5ed taxtxempt obligations' ('Qualified Tax- exempt Obligations") under Section 265 of the Internal Revenue Code of 19g6, as amended (the Tax Code"), and the feed interest raze applicable for the term of the Notes will be 535% per annum, based on a 360-day year. C. I at~3yment Penally and Default Rate of Interest: A laze payment penalty with respect to each laze payment of principal or iaurest on the Notes will be payable in an amount equal to 5ve percent (5%) of the late payment, not to exceed 5250.(q in respect of any partialar late payment. In addition, interest shall accrue on we: due payments from the due date thereof until paid in full at an annual interest rate equal to the sum of five percent (5%) plus the annual rate of interest otherwise applicable to the Notes. D. Maximum Rate Provision: The City will be entitled to a refund of all interest in excess of the maximum rate allowed by law. If the interest rate is decreased because of this provision, then the rate will be increased during subsequent periods (up to the maximum rate allowed by law) until the Bank has received all amounts which i[ otherwise would have received. E. Draw-down Note: The Notes will be issued in the form of a single draw-down note which provides for periodic disbursement of funds until the authorized total prmapal amount has been disbursed. The total principal amount will be disbursed within the 36-month period following the closing date, unless a longer period is agreed to in writing by the City and the Bank. ;~ l 01 JaNceonviae. NA W Bonn Laura Sveet Posl Office Box 990 Jacksonnlle. Fbrba 322313000 June 9, 1993 City of Atantic Beach g00 Seminole Road Atlantic Beach, Florida 32233 Atm: Honorable William [. Gulliford, Jr, Mayor Atm: Mr. Kim D. Ixinbach, City Manager Attn: Mr. Kvk R Wendland, Director of Finance Re: Letter of Commitment for the Purchase of up to SI0,000,000 in Tax-Exempt Reveoue Notes/City of Atlantic Beach Water .t C r Refindin¢ a. d C~oiLJ Imor~emenu Proiect Gentlemen: Barnett Bank of Jacksonville (the "Bank") has approved the purchase of up to S 10,000,000 in Taz-Exempt Revenue Nous (the "Notes") to be issued by the City of Ailaailc Beach (ilte "Cil}+'), the proceeds of which will be used by the City (i) to refund certain obligations of the City, and (ii) to construct the water and sewer capital improvements (the "Improvemenu") described in the Cites Request for Proposal (the "R.°P") dated April 6, ]993 (the Rroject"). subject to, but not limited to, the terms, requiremenu and conditions of this Commitment Letter. '~'roMS R>:OUIREMFNTS Atvn CONDITIONS 1 Borrower. City of Atlantic Beach 2 Purpose: The proceeds of the Notes will be used to (i) finance design, engineering, construction and other eligible cosu of the Improvemenu, (ii) repay certain existing debt of the City rnnsisting of the ouutanding principal amounu of the City's Oak Harbor Bonds, Buccaneer Bonds and Siate Pollution Control Bonds, Series 'Q", and (iii) pay cosu of iswance and other qualified cosu and expenses, all as set forth in a projected GOTTSG i LEE PROVINSE 235 OCEANFOREST CRIVE N. ATLANTIC BHACHr FL 32233 909 299-0015 r.a rch 25, 1193 Po Mhom It Hay Concern: a= nave no objert ions iE our next door neighbors, Mr. a ors. r.c r.ert Lovther, add a room on the back of their home. iE you n~,, `re any questions Please coll. our phone number is ii-ted above. Sincerely, _. Hr. a Hrs. r,ee R. Prcvinse March 29, 19)3 "r'o whom It Map Concern: We support the addition to Mr. & Mrs. Robert Lowther's house. The new addition will not effect or disturb us in anyway. tf you have any further questions please feel free to ttmtact us at 24?- 9ll 0. Sincerely, Todd & Madcc Krohn MAP SHOWING BOUNDARY SURVEY OF LOT_ I_BLOCK ^' AS SHOWN ON MAP (i -_ _ _ OGE4AJLJAI_K U,UIT PoUZ e5 .:c '^.-nr"O IT/ P:U BOOK.~~ fG'IBG ~~-_______..__.___.__. ._ OF THE PUUL IC NE'COa05 OF O:/v<L PO.. EaTIFlEO FOa LQ lJ2ElICE Mt/D!. 61nfDE(Z I ,~ U ~4 -1 1_ _-__ .___- - -__---_ OylE---- lo (5 5) ~ ,T ~fi 8~ , ^~ ~o w118 71 ` u~ / Z Knnart~lu d~r3y Llauud Pdcr (OLV 3202 PG 4P~1) (fie) -___. _~ ,. nl _1 3. I C. ~~It . P,l: ~+L. FC Ll. ~ IrM1II.IFJ C~'e~ / ~~/. G d ~9 Z) / ~~ ~/ •. O 2G c, ~.. ~ ' a, N .O N O nl r ~: a o J ,1°~ ~` ~ ~i ep,' . ~P.o~-- ~ ~GEAI,/FD,QE57 ~L~VE r~~-~ 641 __ _ (ee3J r~a> %ruuOdT/o/ Bf•?BOf ~••TJ•df ~ ~ ' BFaaING.S Un !fn C'• n; .: v r KAfBY [FATIFI TN.TT TJE~ NN MFAEQY IS IN THE SPfCl~l FL COO N<tI<]O Tc++E ~a `~~~ ~~ a F(Ogp INSUA<NCF RI IE NiP~fOA D¢ CITY OF JALWSQNVJI LE. <LOPIn<, pu(p l. <- ~~~ ALL AMERICAN SURVEYORS, INC. LIeO 9lNYEYOpS - 1?p NpLN AO/O - /<CFSpNVILLf: FL PAT04 311 l - $ YOB/.•6P.<l y5 [fcF+O r NEREBY CER IIFY-TNIT !NE IBOVf L~N9s rENE SIMVE r£c (VNO['N Nr i I T~~SIBLE SLOEAVrEIBN •NO OIAECTIbL TIfIT TNfAE APE NA Lt~+C riYV. ENCApBCNCNTS EXCEPT iE SNOrN ~,~ INIT THE SunvEV Sr I ''I IFAEBN MEETS T1t' NININIM IEC<NJCIL Sfi1NpIApS SEr fpNM tlY !ef _ _ _ •• ® Igpy Cpq FL LYJIn1 BWAO pT 4N0 SLWVEYORS P(FASUwNl Ta EECTIG+ O: pg> rsET rr TN c.P FLOAra. sT. mTES ~ ALL n a 3BVi , _ .. ~. _. /<NES 0. N~MfSfu, ./P ~ P ~ AMEBIC/1//'; .X-f[Kf <. 5. nn E6U SVRVE)'C:7(~ seise "1 Zb, ~l'`y/y/f=//-l~'I ...~^,~,_ ~l [%tlSS CUT 8+~~ L) ~ Af IS IE ~O SLgvfYM STI TE OF /[pq)pE <- , I I ! ~ i i R~xxxxxt, xxxxf Yxx%xx•4tRR#}1fF11ltftfxtftf of al,aRt;:t apt:x let xflxfetkf~xx ~1FFiicant: Do not fill in beyond this point. However, be prepared to respond [o the following items: _-~ YES NO 1. There are apeeiel conditions and circum- stances which are peculiar to the .l and, structure, or building involved and which are not applicable to other lends; struc- tures or buildings in tha acme zoning dis- trict. ~~ 2. The special conditions and circumstances do not result from the actions of the applicant. 3. Granting the variance requested will not confer on the applicant any special pri- vilege that is denied by the code to other lands, buildings or structures in the same zoning district. a. Literal interpretation of the provisions of the code would deprive the applicant of rights commonly enjoyed by other proper- ties in the acme .zoning district and would work unnecessary and undue hardship on the applicant. I `- ~. The variancq is the minimum variance that will make possible the reasonable use of ' the land, bdiiding or"atrUcture. i 6. The variance ie in~hsrmony with the general intent and purpoaeof the code. _ ~. The variance will not constitute any change Sn the districts shown on the zoning map. ~_ t. 8. The variance will not impair an adequate supply of light and air to adjacent pro- perty. y. The variance will not materially increase the congestion in public streets or increase the public danger of fire and safety. __ _ lo. The variance will not materially diminish or Impair established property value9 - within the surrounding area. 11. The variance will not impair the health, safety, morals and general welfare of the public. .---_ I:OMMUNITi DEVELOPyENT BOARD REPORT ANDI ACTIONS: 1 I . l APPLICATION FOR VARIANCE NEXT' MEETING DATE: - `~- G~5%%~ QPR 21993 t FILING DEADLINE: `~' o ~`' _ BUIldipg a~lj ZOfilfl PLEASE TYPE OR PRINT APPLICATION FEE $75.00 1N HLACK INK - 7'0 REQUEST A VARIANCE FROM THE REGULATIONS INDICATED HEREIN, BECAUSE THERE ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN CARRYING OUT'THE STRICT LETTER OF THE CODE OR ORDINANCE THE UNDERSIGNED 7EREBY APPLIES FOR ~A VARIANCE AS FOLLOWS: Kn QF2 f L a rv S;~e °~ t ~ ,, .i e~.JY.~e.t Name ~~ ~2Si ne~~~ vbeaf ~i ~! ~ ~ Work: .FP /.!~-C Add~iress c/~ //J/an/e .6ia! ~'?'! 3a,23i Home:_~ d~9-9L-3? Ci[y, State, 21p , Location of building or structure: On the AO,P,V~ side of _a'4'P.,_, - ~~~f ,~',~ s e or w street street address and legal description Hof property: Note: Attach copy of! deed, and aurvev or 21st~~aeram Sndicating proposed construction. ' I i i. i ~ i Zoning lasaif ication:_d'rfi/!n/o/ ~ (~ j_~ section of Code from which variance in sought: /. - l '~f~~ z~ i = Describe variance requeated:~P~.r, cCT CCL Anq ~'~yt 4~ Yb ' li... _~_, /.... / The reason variance is sought: dFa i[' aH,r,,,,r~,e;, ,/ ~ ~ Ei ting d~ta which should be considered by thR Board: Are construction plans submitted with this applicationf What is the applli cant's interest in this variance: IN FILING TH73 APPLICATION FOR VARIANCE, THE UNDF.RSIONEO UNDERSTANDS IT BECOMES A PART OF THE OFFICIAL RECORDS OF THE COMMUNI T't DEVELOPMENT HOARD AND GOES HEREBY CERTIFY THAT ALL INFORMATION CONTAINED HEREIN IS TRUE 'TO THE BEST OF HIS/HER H110WLEDGE. ~~~~ ~ ~ ~~„ r~ Signatur of ~irn~r of the property - Applicatl on cannot be processed without owner's signature CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Appeal of Variance Daniel by Robert Lowther SUBMITTED BY: George Worley, City Planner DATE: MaY 17, ~lt-~~~ 1993 BACKU'ROIiND: a1lovApplicant requested a variance to the rear construction of a room addition to wit rear property line. The pro hin lOrfeeetback to cooled. posed room is t of the to be heated and REL'OMMEN DATION: found Tno herdshi tY De vp lochs`[ Board, during its deliberations, builder. The p exce t created Possible to house was located by the desi q^ of comply with °n the jot as f~ the determined Chat Oceanvalk setbacks. nr back as Propert granting this variance w The Board Y owner a privilege generally °uld owners in the O°n°et' to the setback same zoning disir~ denied to other of only 10 feet. is t, i,e. a reduced Pr°pert.- rear 1'a rd The Board unanimously voted to dent variance. the request for ATTACHMENTS: 11 Application form 2) Minutes of the Communi Developme REVIEWED DY CITY MANAGER ~J/j~~~x7~r/d A GENUA ITEM NG. ~~ .~~,. C17Y OF ~a+rtce 6"iaelc -'~lotlela ~rnclttxttntiun Annual PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official Flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "NATIONAL FLAG DAY"; and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as NATIONAL FLAG WEEK; and WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 19; and WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part Of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy .in a republic, and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all. NOW, THEREFORE, I, William I. Gulliford, Jr., Mayor of the City of Atlantic Beach, do hereby pror_l aim June 14, 1993, as FLAG DAY IN ATLANTIC BEACH, and urge all Citi2ens of Atlantic Beach to pause at 7:00 PM on this date for the fourteenth annual PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting the Pledge of Allegiance to our Flag and Nation. IN WITNESS WHEREOF I have hereunto set my hand and caused the official seal of the City of Atlantic Beach to be affixed this 19th day of June, 1993. William I. Gullrford, Jr. MAYOR _- , - , - .,...,_.. -~szr...~ ._... Page Four Minutes of Special Called Meeting June 2, 1993. impressed with the services Chauncey Lever had provided in connection with the Barnett Bank loan and he suggested he be retained to review the Gulf Breeze bonds. The City Commission concurred with this suggestion. In other business Commissioner Waters distributed a questionnaire to each of the commissioners in an attempt to determine their wishes regarding recreation needs. The completed questionnaires are attached hereto and made a part hereof. Public Works Director Bob Kosoy reported work on Water Plant No. 1 was nearing completion and dedication of the facility was scheduled for 6:15 PM on Monday, June 26, 1993. There being no further business to come before the City Commission, the Hayor declared the meeting adjourned at 9:45 PM. William I. Gulliford, Jr. A T T E S T: Mayor Maureen King City Clerk _,.:.......... _ .p. :. Page Three Minutes of Special Called Meeting June 2, 1993. additions, the current pay plan with the addition of costs related to applicable bonuses, and costs of funding a modified pay plan based on a recent survey of other cities with similar populations including costs related to applicable bonuses and pension benefits and the addition of the full-time Deputy City Manager. He explained the various proposals in detail. He indicated one mill of property tax represented approximately 5936,000.00 and an increase of one mill in property taxes would be required to fund the complete package. Mr. Wendland explained in detail the costs related to each item and asked the Commission which of the options they wished to include in the proposed budget for FY 1993/94. Discussion ensued regarding the city's pay scale and Commissioner Waters felt the city needed to hire additional workers at the lower levels. Discussion ensued regarding the disparity which existed between certain job classifications and Alan Potter, 374 Second Street, felt an increase of an equal dollar figure to all employees would be a fairer method of granting across the board increases and would help to lessen the disparity, especially for the lower paid employees. Mayor Gulliford pointed out Capt. Campbell had surveyed other cities regarding pay scale and job classifications and data from that survey had been taken into consideration in preparing the projected figures which had been presented. Following further discussion, Commissioner Fletcher moved to direct the City Manager to prepare the budget based on the figures presented to provide for an adjustment to the pay plan in accordance with the survey conducted by Capt. Campbell; to provide for the additional pension benefits; and to provide funds for a full time Deputy City Manager. The motion was seconded by Commissioner Tucker and carried unanimously. 4. And other business The City Manager Felt the City had two options regarding the Gulf Breeze bonds: (1) the city could prepay the Gulf Breeze bonds using a fund source of its choice which would represent the greatest savings to the city, cr (2) prepayment Could be made through the Arcadia pool, which would represent a savings of 590,000.00 over the original agreement. Gulf Breeze had indicated prepayment could only be made through the Azcadia pool and he felt the city needed to solicit a legal opinion regarding prepayment using a fund source of the city's choice. Kirk Wendland indicated Gulf Breeze was fairly close to closing tie deal with Arcadia and a decision regarding the method of prepayment would need to be made very soon. Mr. Potter said he was very ~ ~. Page Two Minutes of Special Called Meeting June 2, 1993 unable to negotiate further. They then contacted the other bidders and Solid Waste and Recovery indicated they could provide an Isuzu chassis with a Pak Rat body which would meet specifications at a cost of S33, 500.00. He indicated this was the last 1993 chassis available in the eastern United States and the dealer had agreed to hold it only until 5:00 PM the following day. He requested authorization to purchase this equipment from Solid Waste and Recovery at a cost of 533,500.00, which was less than the Solid waste original bid price, and about 51,000.00 less than the price being asked by Jacksonville Mack. Following further discussion, Commissioner Fletcher moved to authorize the purchase of a 1993 Isuzu chassis with a Pak Rat body from Solid Waste and Recovery at a cost of S33,SOO.OG, since Jacksonville Mack had notified the city in writing that they could no longer meet the obligations of their bid. The motion was seconded by Commissioner Edwards and was unanimously approved. Mayor Gulliford requested that the second low bidder, Moody Truck Center, also provide written notice that they are unable to provide the specified equipment. The City Attorney presented an agreement signed by Counsel for Mr. Blackard to resolve the matter of the Sixteenth Street beach access. He also provided a sketch of the easement and proposed beach dune overwalk, copy of which is attached hereto and made a part hereof. The mayor reviewed the sketch and indicated the agreement required a few minor modifications to the original plan. Commissioner Tucker moved to accept the proposal offered by Mr. Blackard to resolve the beach access problem at Sixteenth Street. The motion was seconded by Co®issioner Edwards and carried unanimously. 3. Discussion and related action re ardin the 1993 94 fiscal rear buffet - Mayor Gulliford indicated the city commission, earlier in the year, had acted on and agreed to certain personnel matters such as increased pension benefits. Those benefits would require additional. funding in the operating budget for fiscal year 1993/99 and he said he had asked the City Manager and Finance Director to prepare estimated budget figures *_o provide for the increased benefits as well as any other matters they deemed necessary. Finance Director Kirk Wendland distributed a graph illustrating the distrihution of Atlantic Beach property taxes which revealed that only 11.6$ of tax revenues were returned to Atlantic Beach. Mr. Wendland then explained that personnel costs represented two- thirds of the general fund expenditures and provided a summary of anticipated personnel costs based on the current pay plan with no ., MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COlOfISSION HELD ZN CITY HALL, BOO SEMINOLE ROAD, AT 7:30 PM ON WEDNESDAY, JUNE 2, 1993. Present: Nilliam I. Gulliford, Jr., Mayor Glenn A. Edwards. Commissioner - Lyman T. Fletcher, Commissioner Adelaide R. Tucker, Commissioner J. Dezmond Waters, III, Commissioner And: Kim D. Leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk 1. Presentation of check relative to ourchase of defibrillator for the Fire Deoartment Capt. Edward Graham, U.S. Navy (Ret.) reported the residents of Fleet Landing had contributed towards the acquisition of an automatic electronic defibrillator for Atlantic Beach Fire Department. Ne introduced Ms. Wheeler and Ms. Emerson who presented checks in the amount of 54,730.00 and issued a challenge to the residents of Sevilla Condominiums and other Atlantic Beach residents to match the Fleet Landing contributions, and hoped adequate funds would be contributed to enable the city to purchase two units so one could be placed on each fire truck. Chief Williams reported the city had already received approximately S1,200.00 and he thanked those who had organized the fund raising efforts. Mayor Gulliford indicated he would issue a Proclamation making all contributors Honorary Atlantic Beach Firefighters, and requested a Resolution be prepared for presentation to the Fleet Landing residents, and that a duplicate of said resolution be displayed in an appropriate location in City Hall. Mayor Gulliford announced he would attend d meeting relative to the law suit with the City of Jacksonville at 9:00 AM the following morning. He ind icated City Manager Kim Leinbach, Deputy City N.anager Jim Jarboe, City Attorney Alan Jensen, Committee Chairman Ray Salmon, and Attorney John Duvault would also attend this meeting. Report_and__recovwendation concernin _purchase_ of a second sanitation vehicle Kelly Burton reported in October 1992, the City had received bids for the purchase of two 1993 Pak Rat sanitation vehicles. He indicated one of these vehicles had been received and vas in service but the low bidder, Jacksonville Mack, had advised they were unable to provide the second 1993 model but could provide a 1994 model for an additional $1,313.00. and city staff had been Page16 May 24, 1993 There being no further business the Mayor adjourned the meeting at 10:57 p. m. Mayor I. Gulliford, Jr. Mayor/Presiding Officer A T T E S T: Maureen King City Clerk NAME OF COMMAS. M S V Y V N Page15 May 24, 1993 the bonds through Arcadia. He indicated he would further explore the possibility of the City prepaying the notes. Commissioner Fletcher indicated his desire to have a status report concerning the allocation of Community Development Block Grant funds. Commissioner Fletcher asked the Mayor to appoint Dezmond Waters to fill the slot vacated by Commissioner Tucker on the Zoning Committee. Mayor Gulliford appointed Commissioner Waters and Dorothy Kerber to serve on the Zoning Committee. Commissioner Fletcher suggested naming the water olant after Pappy Parks, a Former city engineer and Atlantic Beach resident. Motion: Name water Plant after Pappy Parks No discussion before the vote. The motion carried unanimously. Commissioner waters reported the Mayor's Recreation Select Committee and the Recreation Advisory Board had held a joint meeting. He indicated it was reported the City of Jacksonville Beach charged SS.00 surcharge for Ponte Vedra Little League players. He reported the Recreation Advisory Board felt in the past they had made recommendations but there was no revenue for suggested projects. Mayor Gullitiord asked Commissioner Waters to have a report concerning the Mayor's Recreation Select Committee by July 9, 1993. Mayor Gulliford referred to the ditch at Simmons Road and he reported it was not flowing, to which Bob Kosoy replied work still had to be done. The Mayor requested the ditch be sprayed for mosquitoes. Mayor Gulliford reported there would be a Salute to tlabi tat dinner at the Sea Turtle on June 10, 1993. The Mayor reported sidewalks had been installed on the Jacksonville side of Church Road. NAME OF COA4.iNS. M 5 V Y V N Edwards x Fletcher x x Tucker x Watezs x x Gulliford I x Page14 I NAME OF I I v V ------ May 24 1993 rnMu 1"1 S l y N meeting might have to be scheduled if the committal letter was ready so that the July 1, 1993 deadline would be met. N• Discussion and related action relative to Contract for Deputy City Manager Mayor Gulliford indicated he would like the contract for calledepm tY Cgt to be gheldo be discussed at a special eetin 7:30 p, m. Wednesday, June 2, 1993, at 9- Cit Mana er Re orts and or Kim Leinbach re 1 Correspondence: Works buildin Worted an addition to the existing Public this amount fell ld cost approximately S3, 700 and since Mana er, under the discretion of the City 9 work would proceed. Mr- Leinbach reported the Community Development Board would like to hold a joint meeting with the Commission at 6:00 p. m., Monday, June 19, 1993 (prior to the regular Commission meeting), Commissioner Fletcher inquired as to the status commercial recycling, to -rhich Kim Leiobach replied he would re of port to Commissioner Fletcher concernin matter. Commissioner Fletcher referred to a Sonja Plant, 9 this recyclable itemsr sold throo hwr^ letter From regarding funds for Kim Leinbach indicated he 9, the Cit y of Jacksonville. report back to Commissioner Fleta herudy the letter and Commissioner Fletcher indicated the ,lackson vin e Transportation Authority (JTA) requested the City contribute either SI, 000 or an in kind contribution to advertise the summer shuttie service. Commissioner Fletcher indicated his desire to have the City advertise concerning the shuttle servi r_e, Commissioner Fletcher referred to the refunding of Gulf Breeze Notes, and he indicated his desire to pay off the notes independent from the City of Arcadia. Wendland agreed with Commissioner Fletcher, Kirk indicated he had pursued the matter and but he that were stipulated by Gulf Breeze were ve the conditions and cumbersome and thus many other Y complicated ci*ies were prepaying Page13 May 24, 1993 NAME OF COMMFiS. M S V Y V N the possibility of concrete batchi ng plants. Mr. Worley reported because of the potential problems created by such zoning on a busy road like Mayport Road the board unanimously recommended denial of the requested rezoning. A draft ordinance was presented which would accomplish the requested rezoning. It was explained the ordinance would appear on its first reading at the meeting of June 14, 1993, and 30 days thereafter a public hearing would be held. It was explained proper notices would be sent to adjacent property owners prior to the public hearing. F. Discussion and related action to Change Order N6 for an additional S7,957 for Water Treatment Plant 1 fi 2 improvements Bob Kosoy presented a request for approval for Change Order No. 6 Water Treatment Plan[ 1 fi 2 Improvements in the amount of 57,957.00 providing for various items of additional work outlined in Attachment A & B, (copies of Attachment A S B attached herewith and made a part hereto). Edwards x Motion: Approve Change Order 1Y6 for Water Fletcher x x Treatment Plant 1 fi 2 Improvements in the Tucker amount of 57,957 as outlined in Attachment A 6 Waters x B attached herewith Gullif or x x Commissioner Edwards felt there were too many change orders which resulted in additional cost to the City, to ~ which Mr. Kosoy replied the project was of a Complex nature and that efforts would be made to do a better job in the future. The question was called and the motion carried unanimously. C. Discussion and related action relative to a committal letter with Barnett Bank for water/wastewater capital financing Kirk Wendland, Finance Director, gave the Commission an update concerning the committal letter with Barnett Bank. He indicated a copy had been sent to the City Attorney for review, and they were waiting to hear from Foley Lardner concerning the matter. He indicated a special Page12 nay 24, 1993 Jim Lucas explained the property backed on to Hanna Park, and the request had been reviewed by the Oceanwalk architectural board and they found no problem. It was explained Mr. Lowther, when he presented his request to the Community Development Board, did not include a copy of the letter from the doctcr of Mrs. Lowther indicating she was ill. A discussion ensued regarding Sending the matter back to the Community Development Board to give them an opportunity to study the information that had been presented to the Commission relative to the health of Mrs. Lowther. Motion: Defer action on appeal until June 14, 1993 so [hat City Attorney can review whether the matter could be returned to the Community Development Board to consider the evidence of hardship presented to the Commission The question was called and the motion carried unanimously. D. Discussion and related action relative [O request for rezoning of Ashland Mini Storage (this was withdrawn from the agenda at the request of Ashland Mini Storage) E. Discussion and related action relative to request for rezoning of Pan Am Mini Storage complex George Worley presented a request from Pan Am Mini Storage, 2383 Mayport Road, to rezone from CG commercial general to ILW industrial light warehousing. This would permit Par. Am to provide the service of outside storage of automcbiles in conjunction with the mini storage business. The CG zoning does not permit outside storage of automobiles. Mr. Worley reported the Community Development Board unanimously concluded that, although there had been no direct complaints about Pan Am's operation, the rezoning would open up considerable potential for heavier uses to encroach upon Mayport Road. The chi rge of zoning from CG to ILW would allow outside storage of automobiles but would also allow bulk storage gar r;s, heaving equipment sales and repair yards, and even NAME O£ COMMAS. M 5 V Y V N Edwards Fletcher I x Tucker Waters x Gullif ord Pagell Mav Jd ieo~ V y NAME OF COMMRS. M S Y I N Substitute Motion: Accept recommendation of Community Development B i Edwards oard to deny variance to place roof Fletcher x x over patio at 522 Clippership Lane Tucker Haters x The question was called and the vote result d i with Guilifor e n 3-2, Commissioner Tucker and Mayor Gulliford T voting nay. he motion carried. Motion: Reimburse Mizells for second i Edwards x var ance application fee they had p Fletcher x Development Board to hear their or ® n Tucker x eque t for iance to place roof over patio t Haters x x a 522 Cli ppership Lane Gulliford x~ No discussion before the vote. The motion carried unanimously. C. Discussion and related action relative to Appeal of Variance Denial by Robert Lowther George Worley presented an appeal of a decision of the Community Development Board denying Robert Lowther, 251 Ocean Forest Drive N., a variance to the rear yard setback to allow construction of a room addition to within 10 feet of the rear property line. The proposed room would be heated and cooled. Mr. Worley reported the Community Development Board found no hardship except that created by the design of the builder. The house was located as far back as possible on the lot to comply with Oceanwalk setbacks. The Board determined that granting this variance would convey to the property owner a privilege generally denied to other property owners in the same zoning district, i. e. a reduced rear yard setback of only 10 feet. kohert Lowther presented a letter from indicating his wife was ill and h a doctor , e construction of the room addition would explained the I complete life at home for her. provide a more Motion: Accept reconunendation of D l Communit Edwards Fletcher x y eve opment Board to deny variance to the rear yard setback Tuckez to allow construction addition to of a room Haters within 10 f property line at 251 Oc f rear Gullifor ean Forest O rive N x x Page10 May 24, 1993 George Worley presented an appeal of denial of the Community Development Board for a variance to place a roof over a patio located at 522 Clippership Lane. Mr. Worley explained Mr. 6 Mrs. Mizell applied to the Community Development Board for a Variance to permit the construction of a glass and brick room addition to the rear of their residence and that such addition would encroach the rear setback requirement by ten feet. The purpose of the addition was to house a billiards table and as a recreation room. The Board denied the application, the Mizells appealed, and the Commission denied the appeal. The Mizells redesigned the addition to include only a roof Over the patio with no walls of any kind, and resubmitted the application to the Community Development Board. At the meeting the Board considered the question of substantial difference and found by a vote of 9-1 that this request was Substantially different and that the application would be considered for action. It was further explained that if the addition were redefined to be an accessory building the applicant would then be in violation because of another existing free Standing storage building on the lot. The Board subsequently found that this addition was not an accessory building and that no hardship existed, and the variance request was denied. Motion: Grant request for a variance to place a roof over patio with no walls of any kind at 522 Clippership Lane Commissioner Waters asked if this addition could be built if it was a new structure, to which Don Ford replied a variance would be required. Commissioner Tucker indicated there were 23 names of neighbors who had no objections to the patio roof. A long discussion ensued regarding whether the variance should be granted. Mayor Gulliford felt the ordinance did not state the structure had to be detached. He explained the roof would cover the existing patio, and he sugges?ed the permit could state the homeowner would not be allowed to enclose the structure as a heated and cooled living space. Commissioner Waters felt it was legal to build a driveway, patio, or sidetua lk, but not a roofed structure. NAME OF COMMITS. M 5 V Y V N Ed yards Fletcher Tucker Waters x ~GUlliford I x Page 9 May 24, 1993 wave signs was an indication of the political freedoms enjoyed in this country and he felt this was the right of the people in a free and democratic society. The question was called on the substitute motion and the vote was 2-3 with Commissioners Edwards and Tucker and Mayor Gulliford voting nay. The motion failed. The question was called on the original motion to approve the ordinance on its final reading and the vote was 2-3, with r_ommissioners Edwards and Tucker and Mayor Gulliford voting nay. The motion failed. 6__ New Business• A. Public hearing with discussion and related action concerning the proposal to accept permit parking on 10th Street between Beach Avenue and ocean Boulevard Mayor Gulliford presented a petition requesting permit parking along a portion of 10th Street between Beach Avenue and Ocean Boulevard. He explained the City Clerk's Office had posted a Notice of Public Hearing and the topic was being presented for discussion. The Mayor opened the floor for a public hearing. Since no one wished to speak the Mayor closed the public hearing. Motion: Approve permit parking on 10th Street between Beach Avenue and Ocean Boulevard Chief Thompson indicated the Parking Committee was in favor of the parking request, but it was felt the proposed layout was confusing. He indicated it would be more practical to have all visitor spaces together and all permitted spaces together. The Mayor asked Chief Thompson to meet with involved parties and come to an agreement on an amended parking plan. The Mayor i rdicated the Commission wished to be advised of the agreement that was reached. B. Discussion and related action relative to Appeal of Variance Denial at 522 Clippership Lane NAME OF COMMITS. M S V Y V N Edwards x x Fletcher x x Tucker x Waters x Gulliford x Page 8 1993 indicated the ordinance was designed to keep people from putting signs right next to one another, Since no one wished to speak further the Mayor closed the public hearing. Motion: Approve passage of ordinance M60-93-7 on Final Reading A discussion ensued and Commissioner Fletcher felt signs should be removed in 29 hours instead of 72 hours, that signs should not be allowed to be placed on the public right-of-way, that signs should be limited to one sign Per candidate on each property, that a S10.00 fine should be levied against a property owner if he failed to remove a sign within 24 hours, that no sign should be placed before a candidate had qualified, and that signs should not be more than 2' x 2', Substitute Motion: ordinance JY60-93-7 on itspfinal readinage of the following amendments: 9 with removed in 24 hours instead ofs 92~hours,u signs shall not be placed on public right-of-ways, signs should be limited to one.. sign per candidate, a 510.00 fine shall be imposed against a property owner if he failed to remove a sign within 24 hours, no sign shall be placed before a candidate qualified, and signs should not be more than 2' x 2' A discussion ensued and it vas felt signs would not be I .hi Sher than 4•. Amended Substitute Motion: That signs shall not be higher than 4• The question was called on the amended substitute motion and the vote resulted in all ayes. The motion carried unanimously. Commissioner Edwards felt an effort was being made to try to beautify the city, but he felt the proposed ordinance would allow too many signs. Commissioner Waters felt the right to place signs and NAME OF v ~ Y COMMAS M S yIN Fletcher ~Gulliford~ xlxlx ~x Edwards I ~ x Pletcher~x x Tucker ppcc Waters ~ I x I z Gullifor i i Edrards i Pletcher Cucker is tern x :ulliford x x x x x 24, 1993 7 LCOMMAS. i M I S I Y I N Resolution N93-23: A RESOLUTION OF ATLANTIC BEACH CITY COlD1ISSION ESTABLISHING PROVISION S REGARDING EXPENDITURES FOR WATER AND SEWER CAPITAL IMPROVEMENTS PENDING AVAILABILITY OF BOND PROCEDURES Mayor Gulliford presented in full, in writing, Resolution f?93-23. Motion: Approve passage of Resolution 7193-23 Edwards x Fletcher x Kirk Wendland, Finance Director, explained it w necessar to Tucker x y as pass the resolution in order for the City to borrow money on x Ix G a tax exempt basis. ulliford x The question was called and the motion carried unanimously. 7- Ordinances: A. Ordinance 860-93-7 - Public Nearing I AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 17; SECTION 17-1, CERTAIN SIGNS EXEMPTED; PROVIDING FOR LIMITATIONS AND REGULATIONS FOR CANDIDATE SIGNS; PROVIDING FOR SEVERAHILITY ; PROVIDING FOR AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Ordinance C50-93-7, said Ordinan h ce aving been posted in accordance wish Charter requirements . He opened the floor for a public hearing and invi ted comments from the audience. Several people spoY,e concerning the proposed ordinance Some of the co . ncerns were as follows: it was felt the ordinance infringed u on h p t e rights of property owners because it specified where o ne could or could not place signs, objections were raised concerning the size of the sign allowed and it was felt a hei ht ]i g mitation should I,e included; and it was fel± that the Card Cl en ub would non De happy if the ordinance wa s passed because many siyns would be placed throughout the i c ty, George Worley, City Planner, explained in drafting the ordinance two diffic lt u points were the size and the number of signs. He indica [ed i t was necessary to place I score type of size limitation I on signs, and he added it ~.+ould b~ possi bJe to reduce the i I s ze of the Sign. He Page 6 24, 1993 Motion: Approve purchase of one rubber tire excavator from Gradall Company for 5120,825.00, State Contract Price, Contract lfAP1592G1 Mayor Gulliford declared a conflict of interest with reference to voting for purchase of one rubber tire excavator on the basis that his company represented the manufacturer. Form 86, Memorandum of Voting Conflict is attached hereto and made a part hereof. No discussion before the vote. The motion carried unanimously with Mayor Gulliford abstaining from voting. 6_ Resolutions• A. Resolution tt93-20: A RESOLUTION OF THE CITY OF ATLANTIC BEACH COMMENDING J. P, HALL FOR NIS SUPPORT OF THE NORTHEAST FLORIDA LEAGUE OF CITIES, INC. NAME OF .V T~ COMMRS. M S Y N r I I yards ~x I etcher cker x Ix ters llif ord~ Mayor Gulliford presented in full, in writing, Resolution #93-20. Motion: Approve passage of Resolution p93-20 Edwards x (Fletcher x No discussion before the (Tucker x x ~' vote. The m unanimously. otion carried (Waters ;Gulliford, x x; B- Resolution p93-21: A RESOLUTION OF THE CITY OF ATLANTIC BEACH IN MEMORY OF JAMES HENRY •'DICK•~ RIGSBEE (this ua I s acted on earlier in agenda) C- Resolution M93-22: A RESOLUTION OF THE CITY OF H LANDSCAPE THE RIGHTOOF?WAY BETWEENY A I 7TH AND 18TH STREET ON SEMINOLE ROAD AS PART OF THE SEWER PROJECT FOR TNAT AREA. .Mayor Gulliford presented in full, in writing, Resolution #93-22. Motion: Approve passage of Resolutior. p93-22 i IF fetcher xlx NO discussion before the v ote x Tucker Ix x unanimously. . The motion Carried Waters ( I J x Gulliford x I Page 5 May 24, 1993 and he advised it would be presented on first reading on June 14, 1993. 5. Consent Agenda: A. Water and Sewer Committee report B. Authorization to purchase Rubber Tire Excavator off State Contract C. Authorization to purchase dump body from State Contract Commissioner Waters requested Item A be withdrawn from the Consent Agenda, and Mayor Gulliford requested that Item B be withdrawn from the Consent Agenda. Motion: Approve passage of Consent Agenda with the exception of items A and H Mo discussion before the vote. The motion carried unanimously. A. Water and Sewer Committee Report Commissioner Waters asked why the City was required to obtain a permit for the common beaches outfall line. Mr. Kosoy explained the DER had requested- that the three beach cities obtain a permit for a joint Water Quyality Based Effluent Limitation Study (WQBEL). ey so doing, individual studies would not' have to be undertaken by each city. The Commission accepted the Water and Sewer Committee Report #90 dated May 17, 1993. e. Authorization to purchase Rubber Tire Excavator off State Contract Mayor Gulliford declared a conflict of interest relative to Consent Agenda Item B. He explained his Company represented the only two manufacturers of this equipment. He explained the manufacturer paid his company a fee to take care of the warranty and deliver the equipment. Commissioner Waters inquired if this equipment would clean ditches in Aquatic Gardens, to which Mr. Kosoy re plied it would not and that another piece of equipment would be needed. Mr. Kosoy reported the machine would clean the ditch on Seminole Road. NAME OF COMMAS. M S V Y V N Edwards x Fletcher x x Tucker x Haters x x Gulliford I x Page 4 NAME OF ~ I y 24, 1993 COMMRS M S Y N It was felt drainage should be dealt with as a city-wide problem, and that matters such as this be treated on a case by case basis. It was explained the City's Storm Water Master Plan would be in effect within two to three years and at that time drainage would be in place. Mr. Morgan agreed that he would wait two to three years until the City's Storm Water Drainage was in place before building on the parcel. 1'he Commission agreed Mr. Morgan would not have to install a catch basin on the parcel. Bob NeisS thanked the Police Department and the Fire Department for their excellent work during "'Dancing in the Streets" festival. He reported 1,050 signatures were collected on a petition to place the matter of Ocean County on the upcoming ballot. Barbara Bonner, 463 Selva Lakes Circle, inquired as to the cost of shrubbery at 11th Street Water Plant. She felt the shrubbery was excessive and that it could have been placed where it would be more visible to the public. Bob Kosoy explained the area had been heavily wooded and he had received complaints becau la ted shrubs andbtreese removed. He explained the City p using Enterprise Funds, to provide a buffer between the water plant and the adjacent residences. t1r. Kosoy explained the drainage problem would be corrected after the water plant was completed. It was explained the contractor would have to pay for any damage he incurred. Commissioner Waters asked that the weeds and underbrush be cut down. Bob Kosoy explained a chain link fence would be installed, and he was asked to keep the Commission apprised concerning the matter. O1~ Business; Report on Ordinance p95-93-66 regarding solicitation Kim Leinbach, City t4a eager, reported the Committee appointed to study Ordinance p95-93-% had met and recommended many changes, and the City Attorney was preparing the proposed revised ordinance. He reported it would be necessary to have the ordinance read on its first reading because substantial changes had been made, Page 3 nay 24, 1993 the City's Animal Control Ordinance to allow the pot bellied pig to be kept as a house pet. She indicated she owned a Vietnamese pot bellied pig which was a domesticated pig and not a farm animal. Two neighbors of Ms. Bednar, Sally Alderman 222 7th Street, and Joan Beckner, 369 Ahern Street, testified as to the cleanliness of the pig and they indicated they felt the ordinance should be amended to allow the animal as a pet. B. J. Lester, Animal Control Officer, reported the City of Jacksonville allowed pot bellied pigs as pets with the stipulation that the pig had to be on a leash, tested for rabies, have a city license, and be neutered. The matter was referred to the City Manager who agreed, with assistance from the City Attorney, to prepare an amended ordinance for the June 14, 1993 meeting to allow pot bellied pigs as pets. William Morgan, 1995 Beach Avenue, explained he owned property immediately north of 19th Street. Ne indicated the property contained a low spot which did not drain after a large rainfall. He added stormwater from 19th Street drained onto his property and large puddles accumulated after it rained. He explained he intended to build on the property in the future, buL he felt at the present time his lot was acting as a stormwater retention pond. He asked the Commission to consider the matter and take steps to see that the storm water was drained in an appropriate manner. He felt it was not his responsibility to install drainage. A long discussion ensued relative to whether it was the city's responsibility to provide drainage to a small developer. Bob Kbsoy, Public Works Director, felt it was thc; grope r. ty owner's responsibility to address the drainage problem when he developed his property. It was explained that in larger developments retention ponds were installed and the homeowners paid for the retention pond. Motion: Establish a policy whereby on an acre or less of property the City would not hold the property owner responsibility for installing storm drains Motion died for lack of a second. NAME OF COMMHS. M i_ S ,_ v Y lv EN dwards I I l Pletcler ducker hla ters x uiliford Page 2 May 24, 1993 NAME OF COMMAS. M S V Y Y N Hotwater Tour, the organizer of the event, would provide safety craft in the ocean to keep private boats and swimmers away from danger. It was explained 28 classes of boats would participate, but Messrs. Meserve and Bunch were not able to advise exactly how many participants would be involved. I Motion: Grant approval to hold jetski race on Edvarde x August 29. 1993 in front of Sea Turtle Inn, Fletcher x x subject to satisfactory accounting of all Tucker x concerns of Commission. The City Manager was Waters x x instructed to meet with Messrs. Meserve and Gulliford x Bunch, along with Chief Thompson and Chief Williams, and any other parties who the City Manager felt should have input, and report back to the Commission at its meeting of June 14, 1993 Mr. Meserve advised he would provide the Commission with plans and all pertinent information at the June 14, 1993 meeting. The question was Called and the motion Carried unanimously. Agenda Item 66 was taken out of sequence and acted upon at this time. B. Resolution k93-22: A RESOLUTION OF THE CITY OF ATLANTIC REACH IN MEMORY OF JAMES HENRY ^DICK^ RIGSHEE Mayo- Gulliford presented in full, in writing, Resolution N93-21 Edwards x Fletcher x ~ Notion: Approve passage of Resolution 93-21 (Tucker x x Waters x x No discussion before the vote. The motion carried Gulliford x unanimously. Mayor Gulliford presented Resolution 93-21 in plaque form to Mrs. Dick Rigsbee. 2. Recognition of Visitors: Joan Bednar, 369 Ahern Street, requested an amendment to V V O O MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY T T COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 E E PM ON MONDAY, MAY 24, 1993 D D PRESENT: William I. Gulliford, Jr., Mayor Glenn A. Edwards M S Lyman T. Fletcher O E Adelaide R. Tucker, and T C J. Dezmond Waters, III, Cgmmf ssiOneis [ O Y NAME OF O N E N AND: Xim D. Leinbach, City Manager COMN0IS. N D S O Maureen King, City Clerk The meeting was Called to order by Mayor Gulliford. The invocation, offered by Commissioner Fletcher, was followed by the pledge to the flag. 1. ADDLO al of the minutes of the regular meeting of May 10 1993. Edwards x Motion: Approve minutes of the Fletcher x regular meeting of May 10, 1993 Tucker x x waters x x No discussion before the vote. The motion carried Gulliford x unanimously. Chief David Thompson introduced Kelly Crews, an intern from Florida State University, and he explained Ms. Crews would be Serving her internship in thQ Atlantic Beach Police Department. Mayor Gulliford welcomed Ms. Crews to the City of Atlantic Beach. Agenda item 3A was taken out of sequence and acted upon at this time. A, Proposal with related discussion and action concerning Jetski racing John Meserve, Director Beaches Chamber of Commerce, asked Andy Bunch, Chairman of the Chamber Tourism Committee, to speak concerning a proPOSed jetski racing event to be held in front of the Sea Turtle Inn on August 29, 1993. Several questions arose relative to noise that would be generated from the event, liability to the city, safety of the people in the surf, and the length of the racing course. It was explained the course would be marked, the location could be specified by the City, and life guard vehicular traffic would not be blocked. The races would last from about 9:00 a. m. until 9:00 P• m., and the jet skis would launch at the end of Atlantic Boulevard. 8. Ordinances: A. Introduction and first reading amending Ordinance 195-93-57 relative to Potbellied Pigs B. Introduction and first reading of Ordinance 195-93-58 regarding solicitation C. Introduction and first reading of Ordinance 190-93-160 relative to rezoning of Pan Am Rini Storage complex from CG to Itw 9, Nev Business: A. Request with related discussion and action to approve a joint venture for the sidewalk construction and roadway widening/resurfacing of Church Raad (PN Director Bob Kosoy) B. Request approval of Change Orders for NTP i4 in the amount of $8,400 increase (PN Dir. Robert Kosoy) C. Discussion and related action requesting the acceptance of proposals from J. Lucas 6 Associates for wells at VTP @ b -3 (PY Dir. Robert Kosoy) D. Request with 3iscuasioa and related action relative [o transfer of funds to purchase lift gate and hose making machine (PN Dir. Robert Kosoy) E. Request authorization to approve Application for Part icipatlon Reservaxion Fee Agreement with First Municipal Loan Council (Finance Dir. Kirk Nendland) 10. CLty Mamger Beporta and/or ~rrespomdence: 11. Major to tall w Cit7 ~seionexm, Cit7 Attorne7 and tit) Clert: Adj ournmen[ Reminder: Joint meeting with the Community Development Board Juae 14, 1993 at 6:90 p.m. National Flag Day June 14, 1993 - ceremony to be held is frog[ of the Public Safely building at 7 p.m. clrY DP eTLANFIC 9PACe RECIO.AR MEETING OP SHE CITY COMMISSION, JUNE 14, 1993. 7:I5 P.N. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of Nay 24, 1993 and Special Called meeting of June 2, 1993 2. Recognition of Visitors: 3. Appearances: p. Preliminary report from Flee[ and Associates on expansion of Che Public Safety building (Jan ita Fleet) 4. Proclamation: A. Proclamation recognizing June 14, 1993 as Flag Day 5. Old Business: A. Discussion and related action relative [o Appeal of Variance Denial by Robert Lowther (City Attorney Alan Jensen) - 8. Proposed refund of Gulf Breeze Loan (Foley and Lardner) C. Discussion and related action regarding Latter wf Commitment concerning Barnett Bank loan (Finance Dir. Rirk Nendland) D. Update report an permit parking on 10th Street between Beach Avenue and Ocean Boulevard (Police Chief Thompson) E. Discussion and related action relative co the general polices for the Adele Grage Community Center (Comissioner Caters) ` ALL NATTERS LISTID ONDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROOTINE BY THE CITY C014fISSION AND MILL BE ENACTID BY ONE NOTION IN THE FORK LISTED BElAN. THERE WILL BE NO SEPARATE DISCUSSION OP THESE ITEMS. IF DISCUSSION IS DESIRID, THAT ITEH NILL BE REMOVID FROM TfIE CONSENT AGENDA AND NILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECONNENDATIONS HAVE BEEN PREVIOUSLY SU&!I': FED TO THE CITY COMMISSION ON THESE ITEMS. 6. Cousen[ Age~a: A. Natei and Sewer Committee report B. Status report concerning the allocation of Community Development Block Grant Funds C. Usage report on of [he Adele Grage Comunity Cen[eT foi nay D. Bid 19293-19 Backhoe E. Grant application for DLA funds F. Sea Turtle Inn will be [he host hotel for a Hobi Cat Regatta June 25-27 7. Resolutions: A. Resolution i93-24 relative to ref inanting existing water and sewer bonds and improvements to [he existing water and sever systems B. Resolution I93-25 thanking residents of Flee[ Landing for contributions towards [he purchase of a defibrillator _:~_ _ REGULAR COMMISSION AGENDAS JUNE 1993