Resolution No. 16-02RESOLUTION NO. 16-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, DESIGNATING THE PROPERTY LOCATED
IMMEDIATELY NORTHWEST OF THE INTERSECTION
OF AQUATIC DRIVE AND ATLANTIC BOULEVARD ON
BEHALF OF TBR AQUATIC OWNER, LLC, AS A
BROWNFIELD SITE.
WHEREAS, TBR Aquatic Owner, LLC (the "Owner") is under contract to purchase the
property located immediately northwest of the intersection of Aquatic Drive and Atlantic
Boulevard, Atlantic Beach, Florida 32233, RE# 177603-0000, in Commission District 1312, the
legal description and a depiction of which are attached hereto as Exhibit 1, both of which are
incorporated herein by this reference (the"Property"); and
WHEREAS, the Owner, or its successor or assigns in the ownership of the Property, proposes to
address the environmental impacts created by historic, unpermitted landfill activities, to
rehabilitate the Property and to develop the Property for multi-family residential use; and
WHEREAS, the Owner has requested that the City of Atlantic Beach designate the Property as
Brownfield Site as authorized under the Florida Brownfields Redevelopment Act, Sections
376.77- 376.85, Florida Statutes; and
WHEREAS, the proposed rehabilitation and redevelopment of the Property will result in
increased economic productivity in the area and is consistent with the local comprehensive plan;
and
WHEREAS, the City of Atlantic Beach has complied with the procedures and has given proper
notice as required by Section 376.80, Florida Statutes;
NOW THEREFORE, BE IT RESOLVED, that the Mayor and Commission of the City of
Atlantic Beach:
SECTION 1. Findings. The Commission, acting as the governing body of Atlantic Beach, finds
the preamble hereof to be true and correct.
SECTION 2. Designation. For the purposes of the Florida Brownfields Redevelopment Act,
376.77- 376.85, Florida Statutes, the Property is hereby designated a Brownfield Site and shall
be referred to as the Aquatic Drive Brownfield Site. This designation shall not, however, render
the City of Atlantic Beach liable for: the cost of site rehabilitation or source removal, as those
terms are defined in Sections 376.79(17) and (18), Florida Statutes; or for any other costs
associated with the environmental remediation of the Property.
SECTION 3. Notification and rehabilitation agreement. The Owner will negotiate a
Brownfield Site Rehabilitation Agreement with the Florida Department of Environmental
Protection ("FDEP") addressing the rehabilitation of the Property and notify the City Manager
when such an agreement has been reached.
SECTION 4. Sunset. This resolution shall stand repealed without further action of the
Commission nine (9) months from the effective date hereof unless a Brownfield Site
Rehabilitation Agreement pertaining to the Property has been signed with the FDEP by a person
responsible for brownfield site rehabilitation.
SECTION 5. No Exemptions. This Brownfield Site designation does not exempt the Property
from any local, state or federal permitting or code requirements.
SECTION 6. Effective date and recording. This Resolution shall take effect immediately upon
its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk
of the City of Atlantic Beach, Duval County, Florida.
PASSED with a quorum present and voting, by the City Commission of the City of Atlantic
Beach, Florida, in regular session, on first reading this 11th day of April 2016.
PASSED AND DULY ADOPTED with a quorum present and voting, by the City Commission
of the City of Atlantic Beach, Florida, in regular session, this 25th day of April 2016.
CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA
Mitchell E. Reeves, Mayor
ATTEST:Approved as to form and correctness:
414 et / 0441-e6 4) ve4
Donna L. Bartle, City Clerk Br M. Dur , CityAttorneyttorney