342 5th St (vault) (2) d AGENDA ITEM#SA
JANUARY 12,2009
seals on the date and place first above written.
SIGNED AND SEALED IN OUR PRESENCE:
Witness print name: KENNETH M.BRANHOLM
Witness print name:
CITY OF ATLANTIC BEACH,FLORIDA
By:
Witness print name: James R. Hanson, City Manager
Attest:
Witness print name: Donna Bartle, City Clerk
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AGREEMENT
AGREEMENT made and entered into this W/7% day of January, 2009, at Atlantic Beach,
Duval County, Florida, by and between the CITY OF ATLANTIC BEACH, a Florida municipal
corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter referred to as the
"City"), and KENNETH M. BRANHOLM, 11433 Saints Road, Jacksonville, Florida 32246
(hereinafter referred to as `Branholm").
WITNESSETH:
WHEREAS, Branholm was previously ordered by the Tree Conservation Board of the City
of Atlantic Beach to provide mitigation of 54" of trees, or the money equivalent thereof in the
amount of$6,318.00, pursuant to removal of trees at 342 5th Street, Atlantic Beach, Florida 32233,
which property is legally described as follows:
Lot 15, Block 6, Subdivision"A",Atlantic Beach, according to the map
or plat thereof as recorded in Plat Book 5,page 69, of the current public
records of Duval County,Florida.
WHEREAS, Branholm appealed the Order of the Tree Conservation Board in regard to
said mitigation, but has agreed to .terms hereof after appearing before the Atlantic Beach City
Commission on November 24,2008, and
WHEREAS, Branholm previously owned the above described property, which since has
been conveyed to its current owners, Thomas DeGiovanni and Fiona McDonald, his wife,pursuant
to a Warranty Deed dated April 28, 2008, and recorded in O.R. Book 14490, page 1908, Duval
County public records, and
WHEREAS, Branholm desires to plant trees for the required mitigation on said property
for the owners in connection with their construction of a new residence on said property. It is not
clear, however, if said property will allow for complete mitigation of 54" of trees after design and
construction of said residence, and
WHEREAS, both parties intend for the fall mitigation owed by Branholm to be paid to the
City by planting of trees on aforesaid property or payment into the City's tree fund, or a
combination of both.