Item 3A additions AGENDA ITEM #3A
MAY 9, 2016
Prepared by and Return to :
AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
This Amendment to Declaration of Restrictive Covenants (this "Amendment") is
made this day of , 2016 (the "Effective Date") , by The Estates of Atlantic
Beach, LLC, a Florida limited liability company ("Estates") and the City of Atlantic Beach,
Florida ("City"), and joined in and consented to by Naval Continuing Care Retirement
Foundation, Inc . , a Florida corporation ("Fleet"), and Friends of Old Sherry Wilderness
Preserve, Inc . , a Florida corporation ("Friends") .
BACKGROUND FACTS
A. Fstates executed that certain Declaration of Restrictive Covenants on October 2,
2009 and recorded the same on October 19, 2009 in Official Records Book 15040, page 1819 of
the public records of Duval County, Florida (the "Declaration ") to provide for certain
restrictions on the development of the real property described in the Declaration.
B . Estates and City now desire to amend the Declaration to release and delete most
of the restrictions set forth in the Declaration and to modify the provisions of the Declaration
relating to access to Mayport Road and development of the real property described in the
Declaration on the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as follows :
1 . Background Facts . The Background Facts as set forth above are agreed to be
true and correct and are incorporated herein by this reference .
2 . Capitalized Terms . Capitalized terms not defined herein shall have the
meanings assigned to them in the Declaration.
3 . Removal of Restrictions . Notwithstanding anything in the Declaration to the
contrary, that certain real property described on Exhibit A attached hereto (the "Property") is
hereby released from all of the provisions of and restrictions set forth in Sections 1 , 2, 3 , 5 and 6
of the Declaration and such provisions and restrictions shall be of no further force or effect with
respect to the Property.
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4 . Development of Development Parcel. Development on that certain real
property described on Exhibit B attached hereto (the "Development Parcel') shall be consistent
with the requirements of § 656 .403 of the City of Jacksonville Code of Ordinances for RMD-C
properties as the same exist on the Effective Date, provided, however, no structure on the
Development Parcel shall be more than sixty (60) feet in height. Further, the portions of the
Development Parcel located within the city limits of Atlantic Beach, Florida, shall be developed
in compliance with the applicable land use laws and regulations of the City.
5 . No Development of Nondevelopment Parcel. That certain real property
described on Exhibit C attached hereto (the "Nondevelopment Parcel"), shall not be developed
for any residential or commercial development whatsoever; provided, however, that nothing in
this Section 5 shall prevent the construction of walking paths, boardwalks, bike paths, benches,
and railings on the Nondevelopment Parcel which are intended for the use of residents, guests,
employees and invitees of Fleet Landing. No lights or other luminary devices and speakers or
other sound producing devices shall be installed on the Nondevelopment Parcel . For purposes of
this Amendment, "Fleet Landing" shall mean that certain continuing care retirement
community located at One Fleet Landing Boulevard, Atlantic Beach, Florida 32233 and shall
include any development on the Development Parcel.
6 . Development of Parcel 1 . Any development of that certain real property
described on Exhibit D attached hereto ("Parcel 1") shall be in compliance with the
requirements of the City of Atlantic Beach' s RS - 1 zoning district provisions .
7 . No Direct Access to Mayport Road . Section 4 of the Declaration is hereby
deleted in its entirety. Further, notwithstanding anything in the Declaration to the contrary :
a. There shall not be any direct connections leading north or west from the
Development Parcel or the Nondevelopment Parcel that could directly connect to
Mayport Road nor will there be any direct vehicular access from the Development
Parcel or the Nondevelopment Parcel to Mayport Road. The sole direct access to the
Development Parcel and the Nondevelopment Parcel shall be from Fleet Landing
Boulevard.
b . The only access to Parcel 1 shall be through lots in the Oceanwalk
subdivision which are adjacent to Parcel 1 .
8 . Access Though 20th Street Gate . Access to Fleet Landing through the security
gate entrance located at 20th Street and Selva Marina Drive shall be limited to residents, guests,
employees and invitees of Fleet Landing.
9 . The Estates warrants and represents that it is the fee simple owner of the
Property, that there are no mortgage liens encumbering the Property and that the only easements
affecting the Property are those reflected in the title commitments issued by Fidelity National
Title Insurance Company, #5699353 and # 5769969, dated March 9 , 2016 and April 20 , 2016,
respectively.
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10 . In any action brought to enforce the provisions of the Declaration, as amended
herein, the prevailing party shall be entitled to recover, in addition to all costs allowed by law,
such sums as the court may adjudge to be reasonable for its attorneys ' fees and costs, at trial and
appellate levels .
11 . Effect. Except as specifically amended herein, the Declaration shall remain in
full force and effect.
[Signature Pages Follow]
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MAY 9, 2016
IN WITNESS WHEREOF, the undersigned has caused this Amendment to be signed
by its duly authorized representative, as of the day and year first above written.
THE ESTATES OF ATLANTIC BEACH,
LLC, a Florida limited liability company
By: Selva Estates, Inc. , its Managing Member
By:
Gregory H. Forbes, President
Signed, sealed and delivered
in the presence of:
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this day of
, 2016, by Gregory H. Forbes, as the President of Selva Estates , Inc . , the
Managing Member of The Estates of Atlantic Beach, LLC, a Florida limited liability
company, for and on behalf of the limited liability company . . He is (check one) LI is
personally known to me or II has produced as identification.
NOTARY PUBLIC
Print Name
My Commission Expires :
[Signatures Continue on Following Page]
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AGENDA ITEM #3A
MAY 9, 2016
IN WITNESS WHEREOF, the undersigned has caused this Amendment to be
signed by its duly authorized representative, as of the day and year first above written.
CITY OF ATLANTIC BEACH, FLORIDA
By:
Name :
Its :
Signed, sealed and delivered
in the presence of:
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this day of
2016, by , as the of the City of Atlantic Beach, Florida,
for and on behalf of the city. He is (check one) • is personally known to me or • has
produced as identification.
NOTARY PUBLIC
Print Name
My Commission Expires :
[Signatures Continue on Following Page]
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AGENDA ITEM #3A
MAY 9, 2016
JOINDER
IN WITNESS WHEREOF, the undersigned hereby joins in this Amendment for the
purposes of consenting to and acknowledging the amendments to the Declaration.
NAVAL CONTINUING CARE RETIREMENT
FOUNDATION, INC . ,
a Florida corporation
By:
Name :
Its :
Signed, sealed and delivered
in the presence of:
Print Name
Print Name
STATFi; OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this day of
, 2016, by , as the
of Naval Continuing Care Retirement Foundation, Inc . , a Florida corporation, for and
on behalf of the corporation. He is (check one) • is personally known to me or • has
produced as identification.
NOTARY PUBLIC
Print Name
My Commission Expires :
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JOINDER
IN WITNESS WHEREOF, the undersigned hereby joins in this Amendment for the
purposes of consenting to and acknowledging the amendments to the Declaration.
FRIENDS OF OLD SHERRY WILDERNESS
PRESERVE, INC . ,
a Florida corporation
By:
Name :
Its :
Signed, sealed and delivered
in the presence of:
Print Name
Print Name
STATH OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this day of
, 2016 , by , as the
of Friends of Old Sherry Wilderness Preserve, Inc. , a Florida corporation, for and on
behalf of the corporation. He is (check one) • is personally known to me or • has produced
as identification.
NOTARY PUBLIC
Print Name
My Commission Expires :
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EXHIBIT A
Property
PART OF GOVERNMENT LOT 1 , TOGETHER WITH A PART OF FRACTIONAL SECTION 8 , ALL IN TOWNSHIP
2 SOUTH , RANGE 29 EAST, DUVAL COUNTY, FLORIDA , MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF BEGINNING , COMMENCE AT THE NORTHWEST CORNER OF LOT 18 , OCEANWALK UNIT
FOUR , AS RECORDED IN PLAT BOOK 42 , PAGES 18 , 18A, 18B AND 18C OF THE CURRENT PUBLIC
RECORDS OF SAID COUNTY, SAID POINT BEING SITUATED ON THE SOUTH LINE OF KATHRYN ABBY
H ANNAH PARK AS RECORDED IN OFFICIAL RECORDS VOLUME 3202 , PAGE 481 OF SAID CURRENT
PUBLIC RECORDS ; THENCE SOUTH 06 ° 17 ' 36 " EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF
29 . 52 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST AND HAVING A
RADIUS OF 2 , 805 . 91 FEET; THENCE SOUTHERLY ALONG AND AROUND SAID CURVE AN ARC DISTANCE
O F 384 . 53 FEET, SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH
10 ° 12' 25 " EAST, 384 . 23 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 14 ° 07' 14" EAST, A
D ISTANCE OF 741 . 36 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST AND
H AVING A RADIUS OF 2 , 914 . 70 FEET; THENCE SOUTHERLY ALONG AND AROUND SAID CURVE AN ARC
D ISTANCE OF 543 . 11 FEET, SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE
O F SOUTH 08 ° 46' 57 " EAST, 542 . 32 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 03 ° 26' 40"
EAST, A DISTANCE OF 254 . 63 FEET TO THE NORTH LINE OF LANDS RECORDED IN OFFICIAL RECORDS
VOLUME 5463 , PAGE 29 OF SAID CURRENT PUBLIC RECORDS ; THENCE SOUTH 86 ° 07 ' 50 " WEST,
ALONG LAST SAID LINE, A DISTANCE OF 50 . 00 FEET; THENCE NORTH 03 ° 26 ' 40 " WEST, DEPARTING
SAID NORTH LINE , A DISTANCE OF 255 . 00 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE WEST AND HAVING A RADIUS OF 2 , 864 . 70 FEET; THENCE NORTHERLY ALONG AND
AROUND SAID CURVE AN ARC DISTANCE OF 533 . 79 FEET, SAID CURVE BEING SUBTENDED BY A
CHORD BEARING AND DISTANCE OF NORTH 08 ° 46' 57" WEST, 533 . 02 FEET TO THE POINT OF
TANGENCY; THENCE NORTH 14 ° 07 ' 14" WEST, A DISTANCE 741 . 36 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2 , 864 . 78 FEET;
THENCE NORTHERLY ALONG AND AROUND SAID CURVE AN ARC DISTANCE OF 391 . 36 FEET, SAID
CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 10 ° 12 ' 25 " WEST, 391 . 05
FEET TO THE POINT OF TANGENCY; THENCE NORTH 06 ° 17' 36" WEST, A DISTANCE 34 . 29 FEET TO
THE SOUTHERLY LINE OF SAID KATHRYN ABBY HANNA PARK ; THENCE NORTH 89 ° 09 ' 53" EAST, A
DISTANCE OF 50 . 23 ' TO THE POINT OF BEGINNING .
TOGETHER WITH :
A PART OF GOVERNMENT LOT 1 AND A PART OF DIVISION 3 , OF THE ANDREW DEWEES GRANT,
SECTION 37 , TOGETHER A WITH PART OF FRACTIONAL SECTION 5 AND A PART OF FRACTIONAL
S ECTION 8 , ALL IN TOWNSHIP 2 SOUTH , RANGE 29 EAST, DUVAL COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF LOT 18 , OCEANWALK UNIT
FOUR , AS RECORDED IN PLAT BOOK 42 , PAGES 18 , 18A , 18B AND 18C OF THE CURRENT PUBLIC
RECORDS OF SAID COUNTY, SAID POINT BEING SITUATED ON THE SOUTH LINE OF KATHRYN ABBY
H ANNAH PARK AS RECORDED IN OFFICIAL RECORDS VOLUME 3202 , PAGE 481 OF SAID CURRENT
PUBLIC RECORDS ; THENCE SOUTH 89 ° 09 ' 53 " WEST, A DISTANCE OF 145 . 58 FEET TO A 5/8 " IRON
ROD SET ON SAID SOUTH LINE OF KATHRYN ABBY HANNAH PARK AND LYING 4 FEET, MORE OR
LESS , WESTERLY OF THE WEST EDGE OF A CREEK , SAID POINT ALSO BEING THE POINT OF
B EGINNING ; THENCE SOUTH 89 ° 09' 52" WEST, A DISTANCE OF 171 . 93 FEET; THENCE SOUTH
10 ° 07' 22" WEST, ALONG THE EAST LINE OF LANDS RECORDED IN OFFICIAL RECORDS VOLUME 5842 ,
P AGE 1513 OF SAID CURRENT PUBLIC RECORDS , A DISTANCE OF 40 . 00 FEET TO THE SOUTH LINE
OF LANDS RECORDED IN SAID OFFICIAL RECORDS VOLUME 5842 , PAGE 1513 ; THENCE SOUTH
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89 ° 09' 52 " WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 40 . 00 FEET TO REFERENCE POINT " A"
AND THE SOUTHWEST CORNER OF SAID LANDS, ( SAID POINT BEING SITUATED ON THE EAST LINE OF
LANDS RECORDED IN OFFICIAL RECORDS VOLUME 6032 , PAGE 199 AND OFFICIAL RECORDS VOLUME
5733 , PAGE 1291 OF SAID CURRENT PUBLIC RECORDS) ; THENCE SOUTH 10 ° 02 ' 23 " WEST, A
D ISTANCE OF 408 FEET, MORE OR LESS , TO THE NORTH EDGE OF THE AFOREMENTIONED CREEK ;
THENCE EAST, NORTHEASTERLY, AND NORTHERLY ALONG THE MEANDERINGS OF SAID CREEK , A
DISTANCE OF 533 FEET, MORE OR LESS, TO THE SOUTH LINE OF LANDS RECORDED IN SAID OFFICIAL
RECORDS VOLUME 3202 , PAGE 481 AND SAID KATHRYN ABBY HANNAH PARK ; THENCE SOUTH
89 ° 09' 52 " WEST, A DISTANCE OF 4 FEET, MORE OR LESS , TO THE AFOREMENTIONED 5/8 " IRON ROD
AND THE POINT OF BEGINNING .
TOGETHER WITH :
A PART OF FRACTIONAL SECTION 5 , TOGETHER WITH A PART OF GOVERNMENT LOT 1 , FRACTIONAL
S ECTION 8 , AND ALSO TOGETHER WITH A PART OF LOT 2 , DIVISION 3 , OF THE ANDREW DEWEES
G RANT, SECTION 37 , ALL IN TOWNSHIP 2 SOUTH , RANGE 29 EAST, DUVAL COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
FOR A POINT OF REFERENCE, RETURN TO THE AFOREMENTIONED REFERENCE POINT " A" ABOVE ;
THENCE SOUTH 10 ° 02 ' 23" WEST, ALONG THE EAST LINE OF LANDS RECORDED IN OFFICIAL RECORDS
VOLUME 6032 , PAGE 199 AND OFFICIAL RECORDS VOLUME 5733 , PAGE 1291 OF SAID CURRENT
PUBLIC RECORDS , A DISTANCE OF 540 . 55 FEET TO A 5/8 " IRON ROD SET ON SAID EAST LINE AND
LYING 14 FEET, MORE OR LESS , SOUTHERLY OF THE WEST EDGE OF A CREEK , SAID POINT ALSO
BEING THE POINT OF BEGINNING ; THENCE CONTINUE SOUTH 10 ° 02 ' 23" WEST, ALONG SAID EAST
LINE, A DISTANCE OF 1305 . 29 FEET TO THE SOUTH LINE OF SAID SECTION 5 ; THENCE NORTH
89 ° 28 ' 38" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 182 . 52 FEET TO THE WEST LINE OF
G OVERNMENT LOT 1 ; THENCE SOUTH 00 ° 56" 37" EAST, ALONG SAID WEST LINE, A DISTANCE OF
114 . 60 FEET TO THE NORTH LINE OF LANDS RECORDED IN OFFICIAL RECORDS VOLUME 5463 . PAGE
29 OF SAID CURRENT PUBLIC RECORDS; THENCE NORTH 86 ° 03 ' 52 " EAST, ALONG SAID NORTH LINE,
A DISTANCE OF 557 FEET, MORE OR LESS, TO THE WEST EDGE OF THE AFOREMENTIONED CREEK ;
THENCE NORTHERLY AND NORTHWESTERLY ALONG THE MEANDERINGS OF SAID CREEK , A DISTANCE
O F 1 , 466 FEET, MORE OR LESS , TO THE EAST LINE OF LANDS RECORDED IN THE AFOREMENTIONED
O FFICIAL RECORDS VOLUME 6032 , PAGE 199 AND OFFICIAL RECORDS VOLUME 5733 , PAGE 1291 ;
THENCE SOUTH 10 ° 02 ' 23 " WEST, ALONG SAID EAST LINE , A DISTANCE OF 14 FEET, MORE OR LESS ,
TO THE AFOREMENTIONED 5/8 " IRON ROD AND THE POINT OF BEGINNING .
TOGETHER WITH :
A PART OF GOVERNMENT LOT 1 AND A PART OF DIVISION 3 , OF THE ANDREW DEWEES GRANT,
SECTION 37 , TOGETHER A WITH PART OF FRACTIONAL SECTION 5 AND A PART OF FRACTIONAL
S ECTION 8 , ALL IN TOWNSHIP 2 SOUTH , RANGE 29 EAST, DUVAL COUNTY, FLORIDA , MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF LOT 18 , OCEANWALK UNIT
FOUR , AS RECORDED IN PLAT BOOK 42 , PAGES 18 , 18A , 18B AND 18C OF THE CURRENT PUBLIC
RECORDS OF SAID COUNTY, SAID POINT BEING SITUATED ON THE SOUTH LINE OF KATHRYN ABBY
H ANNAH PARK AS RECORDED IN OFFICIAL RECORDS VOLUME 3202 , PAGE 481 OF SAID CURRENT
PUBLIC RECORDS ; THENCE SOUTH 89 ° 09 ' 53 " WEST, ALONG SAID SOUTH LINE , A DISTANCE OF
50 . 23 FEET TO THE POINT OF BEGINNING ; THENCE SOUTH 06 ° 17 ' 36" EAST, A DISTANCE OF 34 . 29
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF
2 , 864 . 78 FEET; THENCE SOUTHERLY ALONG AND AROUND SAID CURVE AN ARC DISTANCE OF 391 . 36
FEET, SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 10 ° 12 ' 25 "
EAST, 391 . 05 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 14 ° 07 ' 14" EAST, A DISTANCE OF
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741 . 36 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST AND HAVING A
RADIUS OF 2 , 864 . 70 FEET; THENCE SOUTHERLY ALONG AND AROUND SAID CURVE AN ARC
DISTANCE OF 533 . 79 FEET, SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE
OF SOUTH 08 ° 46 '57 " EAST, 533 . 02 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 03 ° 26' 40 "
EAST, A DISTANCE 255 . 00 FEET TO THE NORTH LINE OF LANDS RECORDED IN OFFICIAL RECORDS
BOOK 5463 , PAGE 29 OF SAID CURRENT PUBLIC RECORDS ; THENCE SOUTH 86 ° 03' 52 " WEST,
ALONG SAID NORTH LINE, A DISTANCE OF 247 FEET, MORE OR LESS , TO THE WEST EDGE OF A
CREEK ; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE MEANDERINGS OF SAID CREEK , 1 , 466
FEET, MORE OR LESS, TO THE EAST LINE OF LANDS RECORDED IN OFFICIAL RECORDS VOLUME 6032 ,
PAGE 199 AND OFFICIAL RECORDS VOLUME 5733 , PAGE 1291 OF SAID CURRENT PUBLIC RECORDS ;
THENCE NORTH 10 ° 02 ' 23 " EAST, ALONG SAID EAST LINE, 118 FEET, MORE OR LESS , TO THE NORTH
EDGE OF SAID CREEK ; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE MEANDERINGS OF SAID
CREEK , 533 FEET, MORE OR LESS , TO THE SOUTHERLY LINE OF SAID LANDS RECORDED IN OFFICIAL
RECORDS VOLUME 3202 , PAGE 481 AND KATHRYN ABBY HANNAH PARK ; THENCE NORTH 89 ° 09 ' 53 "
EAST, A DISTANCE OF 91 FEET, MORE OR LESS, TO THE POINT OF BEGINNING .
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EXHIBIT B
Development Parcel
A PART OF FRACTIONAL SECTION 5 , TOGETHER WITH A PART OF GOVERNMENT LOT 1 , FRACTIONAL
S ECTION 8 , AND ALSO TOGETHER WITH A PART OF LOT 2 , DIVISION 3 , OF THE ANDREW DEWEES
G RANT, SECTION 37 , ALL IN TOWNSHIP 2 SOUTH , RANGE 29 EAST, DUVAL COUNTY, FLORIDA, MORE
P ARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCE AT THE NORTHWEST CORNER OF LOT 18 , OCEANWALK UNIT FOUR , AS RECORDED IN
PLAT BOOK 42 , PAGES 18 , 18A, 18B AND 18C OF THE CURRENT PUBLIC RECORDS OF SAID
COUNTY, SAID POINT BEING SITUATED ON THE SOUTH LINE OF KATHRYN ABBY HANNAH PARK AS
RECORDED IN OFFICIAL RECORDS VOLUME 3202 , PAGE 481 OF SAID CURRENT PUBLIC RECORDS ;
THENCE SOUTH 89 ° 09 ' 53 " WEST, A DISTANCE OF 145 . 58 FEET TO A 5/8 " IRON ROD SET ON SAID
SOUTH LINE OF KATHRYN ABBY HANNAH PARK AND LYING 4 FEET, MORE OR LESS , WESTERLY OF
THE WEST EDGE OF A CREEK ; THENCE SOUTH 89 ° 09 ' 52 " WEST, A DISTANCE OF 171 . 93 FEET;
THENCE SOUTH 10 ° 07 ' 22 " WEST, ALONG THE EAST LINE OF LANDS RECORDED IN OFFICIAL RECORDS
VOLUME 5842 , PAGE 1513 OF SAID CURRENT PUBLIC RECORDS , A DISTANCE OF 40 . 00 FEET TO THE
SOUTH LINE OF LANDS RECORDED IN SAID OFFICIAL RECORDS VOLUME 5842 , PAGE 1513 ; THENCE
SOUTH 89 ° 09 ' 52 " WEST, ALONG SAID SOUTH LINE , A DISTANCE OF 40 . 00 FEET TO REFERENCE
POINT " A" AND THE SOUTHWEST CORNER OF SAID LANDS, ( SAID POINT BEING SITUATED ON THE
EAST LINE OF LANDS RECORDED IN OFFICIAL RECORDS VOLUME 6032 , PAGE 199 AND OFFICIAL
RECORDS VOLUME 5733 , PAGE 1291 OF SAID CURRENT PUBLIC RECORDS) ; THENCE SOUTH
10 ° 02 ' 23 " WEST, ALONG THE EAST LINE OF LANDS RECORDED IN OFFICIAL RECORDS VOLUME 6032 ,
PAGE 199 AND OFFICIAL RECORDS VOLUME 5733 , PAGE 1291 OF SAID CURRENT PUBLIC RECORDS ,
A DISTANCE OF 540 . 55 FEET TO A 5/8 " IRON ROD SET ON SAID EAST LINE AND LYING 14 FEET,
MORE OR LESS , SOUTHERLY OF THE WEST EDGE OF A CREEK , SAID POINT ALSO BEING THE POINT
O F BEGINNING ; THENCE CONTINUE SOUTH 10 ° 02 ' 23" WEST, ALONG SAID EAST LINE, A DISTANCE OF
1305 . 29 FEET TO THE SOUTH LINE OF SAID SECTION 5 ; THENCE NORTH 89 ° 28 ' 38 " EAST, ALONG
S AID SOUTH LINE, A DISTANCE OF 182 .52 FEET TO THE WEST LINE OF GOVERNMENT LOT 1 ; THENCE
SOUTH 00 ° 56 '37 " EAST, ALONG SAID WEST LINE , A DISTANCE OF 114 . 60 FEET TO THE NORTH LINE
O F LANDS RECORDED IN OFFICIAL RECORDS VOLUME 5463 , PAGE 29 OF SAD CURRENT PUBLIC
RECORDS; THENCE NORTH 86 ° 03' 52 " EAST, ALONG SAID NORTH LINE, A DISTANCE OF 557 FEET,
MORE OR LESS, TO THE WEST EDGE OF THE AFOREMENTIONED CREEK ; THENCE NORTHERLY AND
NORTHWESTERLY ALONG THE MEANDERINGS OF SAID CREEK , A DISTANCE OF 1 , 466 FEET, MORE OR
LESS , TO THE EAST LINE OF LANDS RECORDED IN THE AFOREMENTIONED OFFICIAL RECORDS VOLUME
6032 , PAGE 199 AND OFFICIAL RECORDS VOLUME 5733 , PAGE 1291 ; THENCE SOUTH 10 ° 02 ' 23 "
WEST, ALONG SAID EAST LINE , A DISTANCE OF 14 FEET, MORE OR LESS , TO THE AFOREMENTIONED
5/8 " IRON ROD AND THE POINT OF BEGINNING .
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EXHIBIT C
Nondevelopment Parcel
A PART OF GOVERNMENT LOT 1 AND A PART OF DIVISION 3 , OF THE ANDREW DEWEES GRANT,
SECTION 37 , TOGETHER A WITH PART OF FRACTIONAL SECTION 5 AND A PART OF FRACTIONAL
SECTION 8 , ALL IN TOWNSHIP 2 SOUTH , RANGE 29 EAST, DUVAL COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF LOT 18 , OCEANWALK UNIT
FOUR , AS RECORDED IN PLAT BOOK 42 , PAGES 18 , 18A , 18B AND 18C OF THE CURRENT PUBLIC
RECORDS OF SAID COUNTY, SAID POINT BEING SITUATED ON THE SOUTH LINE OF KATHRYN ABBY
H ANNAH PARK AS RECORDED IN OFFICIAL RECORDS VOLUME 3202 , PAGE 481 OF SAID CURRENT
PUBLIC RECORDS ; THENCE SOUTH 89 ° 09' 53 " WEST, A DISTANCE OF 145 . 58 FEET TO A 5/8 " IRON
ROD SET ON SAID SOUTH LINE OF KATHRYN ABBY HANNAH PARK AND LYING 4 FEET, MORE OR
LESS , WESTERLY OF THE WEST EDGE OF A CREEK , SAID POINT ALSO BEING THE POINT OF
BEGINNING ; THENCE SOUTH 89 ° 09 ' 52 " WEST, A DISTANCE OF 171 . 93 FEET; THENCE SOUTH
10 ° 07' 22 " WEST, ALONG THE EAST LINE OF LANDS RECORDED IN OFFICIAL RECORDS VOLUME 5842 ,
P AGE 1513 OF SAID CURRENT PUBLIC RECORDS, A DISTANCE OF 40 . 00 FEET TO THE SOUTH LINE
O F LANDS RECORDED IN SAID OFFICIAL RECORDS VOLUME 5842 , PAGE 1513 ; THENCE SOUTH
89 ° 09 ' 52" WEST, ALONG SAID SOUTH LINE , A DISTANCE OF 40 . 00 FEET TO REFERENCE POINT " A"
AND THE SOUTHWEST CORNER OF SAID LANDS, ( SAID POINT BEING SITUATED ON THE EAST LINE OF
LANDS RECORDED IN OFFICIAL RECORDS VOLUME 6032 , PAGE 199 AND OFFICIAL RECORDS VOLUME
5733 , PAGE 1291 OF SAID CURRENT PUBLIC RECORDS) ; THENCE SOUTH 10 ° 02 ' 23 " WEST, A
DISTANCE OF 408 FEET, MORE OR LESS , TO THE NORTH EDGE OF THE AFOREMENTIONED CREEK ;
THENCE EAST, NORTHEASTERLY, AND NORTHERLY ALONG THE MEANDERINGS OF SAID CREEK , A
D ISTANCE OF 533 FEET, MORE OR LESS , TO THE SOUTH LINE OF LANDS RECORDED IN SAID OFFICIAL
RECORDS VOLUME 3202 , PAGE 481 AND SAID KATHRYN ABBY HANNAH PARK ; THENCE SOUTH
89 ° 09 ' 52 " WEST, A DISTANCE OF 4 FEET, MORE OR LESS, TO THE AFOREMENTIONED 5/8" IRON ROD
AND THE POINT OF BEGINNING .
TOGETHER WITH :
A PART OF GOVERNMENT LOT 1 AND A PART OF DIVISION 3 , OF THE ANDREW DEWEES GRANT,
SECTION 37 , TOGETHER WITH A PART OF FRACTIONAL SECTION 5 AND A PART OF FRACTIONAL
SECTION 8 , ALL IN TOWNSHIP 2 SOUTH , RANGE 29 EAST, DUVAL COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE , COMMENCE AT THE NORTHWEST CORNER OF LOT 18 , OCEANWALK UNIT
FOUR , AS RECORDED IN PLAT BOOK 42 , PAGES 18 , 18A, 18B AND 18C OF THE CURRENT PUBLIC
RECORDS OF SAID COUNTY, SAID POINT BEING SITUATED ON THE SOUTH LINE OF KATHRYN ABBY
H ANNAH PARK AS RECORDED IN OFFICIAL RECORDS VOLUME 3202 , PAGE 481 OF SAID CURRENT
PUBLIC RECORDS; THENCE SOUTH 89 ° 09 ' 53 " WEST, ALONG SAID SOUTH LINE, A DISTANCE OF
50 . 23 FEET TO THE POINT OF BEGINNING ; THENCE SOUTH 06 ° 17 '36" EAST, A DISTANCE OF 34 . 29
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF
2 , 864 . 78 FEET; THENCE SOUTHERLY ALONG AND AROUND SAID CURVE AN ARC DISTANCE OF 391 . 36
FEET, SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 10 ° 12 ' 25 "
EAST, 391 . 05 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 14 ° 07 ' 14" EAST, A DISTANCE OF
741 . 36 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST AND HAVING A
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RADIUS OF 2 , 864 . 70 FEET; THENCE SOUTHERLY ALONG AND AROUND SAID CURVE, AN ARC
DISTANCE OF 533 . 79 FEET, SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE
OF SOUTH 08 ° 46 ' 57 " EAST, 533 . 02 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 03 ° 26' 40 "
EAST, A DISTANCE OF 255 . 00 FEET TO THE NORTH LINE OF LANDS RECORDED IN OFFICIAL
RECORDS BOOK 5463 , PAGE 29 OF SAID CURRENT PUBLIC RECORDS ; THENCE SOUTH 86 ° 03 ' 52 "
WEST, ALONG SAID NORTH LINE, A DISTANCE OF 247 FEET, MORE OR LESS , TO THE WEST EDGE OF
A CREEK ; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE MEANDERINGS OF SAID CREEK ,
1 , 466 FEET, MORE OR LESS, TO THE EAST LINE OF LANDS RECORDED IN OFFICIAL RECORDS VOLUME
6032 , PAGE 199 AND OFFICIAL RECORDS VOLUME 5733 , PAGE 1291 OF SAID CURRENT PUBLIC
RECORDS ; THENCE NORTH 10 ° 02 ' 23 " EAST, ALONG SAID EAST LINE , 118 FEET, MORE OR LESS, TO
THE NORTH EDGE OF SAID CREEK ; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE
MEANDERINGS OF SAID CREEK , 533 FEET, MORE OR LESS , TO THE SOUTHERLY LINE OF SAID LANDS
RECORDED IN OFFICIAL RECORDS VOLUME 3202 , PAGE 481 AND KATHRYN ABBY HANNAH PARK ;
THENCE NORTH 89 ° 09 ' 53 " EAST, A DISTANCE OF 91 FEET, MORE OR LESS , TO THE POINT OF
BEGINNING .
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AGENDA ITEM #324
MAY 9, 2016
EXHIBIT D
Parcel 1
P ART OF GOVERNMENT LOT 1 , TOGETHER WITH A PART OF FRACTIONAL SECTION 8 , ALL IN TOWNSHIP
2 SOUTH , RANGE 29 EAST, DUVAL COUNTY, FLORIDA , MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF BEGINNING , COMMENCE AT THE NORTHWEST CORNER OF LOT 18 , OCEANWALK UNIT
FOUR , AS RECORDED IN PLAT BOOK 42 , PAGES 18 , 18A , 18B AND 18C OF THE CURRENT PUBLIC
RECORDS OF SAID COUNTY, SAID POINT BEING SITUATED ON THE SOUTH LINE OF KATHRYN ABBY
H ANNAH PARK AS RECORDED IN OFFICIAL RECORDS VOLUME 3202 , PAGE 481 OF SAID CURRENT
P UBLIC RECORDS; THENCE SOUTH 06 ° 17 ' 36 " EAST, DEPARTING SAID SOUTH LINE , A DISTANCE OF
29 . 52 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST AND HAVING A
RADIUS OF 2 , 805 . 91 FEET; THENCE SOUTHERLY ALONG AND AROUND SAID CURVE AN ARC DISTANCE
O F 384 . 53 FEET, SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH
10 ° 12 ' 25 " EAST, 384 . 23 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 14 ° 07' 14" EAST, A
DISTANCE OF 741 . 36 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST AND
H AVING A RADIUS OF 2 , 914 . 70 FEET; THENCE SOUTHERLY ALONG AND AROUND SAID CURVE AN ARC
D ISTANCE OF 543 . 11 FEET, SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE
O F SOUTH 08 ° 46 ' 57 " EAST, 542 . 32 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 03 ° 26 ' 40 "
EAST, A DISTANCE OF 254 . 63 FEET TO THE NORTH LINE OF LANDS RECORDED IN OFFICIAL RECORDS
VOLUME 5463 , PAGE 29 OF SAID CURRENT PUBLIC RECORDS ; THENCE SOUTH 86 ° 07 ' 50 " WEST,
ALONG LAST SAID LINE , A DISTANCE OF 50 . 00 FEET; THENCE NORTH 03 ° 26 ' 40" WEST, DEPARTING
SAID NORTH LINE, A DISTANCE OF 255 . 00 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE WEST AND HAVING A RADIUS OF 2 , 864 . 70 FEET; THENCE NORTHERLY ALONG AND
AROUND SAID CURVE AN ARC DISTANCE OF 533 . 79 FEET, SAID CURVE BEING SUBTENDED BY A
CHORD BEARING AND DISTANCE OF NORTH 08 ° 46 ' 57" WEST, 533 . 02 FEET TO THE POINT OF
TANGENCY; THENCE NORTH 14 ° 07 ' 14" WEST, A DISTANCE 741 . 36 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2 , 864 . 78 FEET;
THENCE NORTHERLY ALONG AND AROUND SAID CURVE AN ARC DISTANCE OF 391 . 36 FEET, SAID
CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 10 ° 12 ' 25 " WEST, 391 . 05
FEET TO THE POINT OF TANGENCY; THENCE NORTH 06 ° 17' 36 " WEST, A DISTANCE 34 . 29 FEET TO
THE SOUTHERLY LINE OF SAID KATHRYN ABBY HANNA PARK ; THENCE NORTH 89 ° 09' 53" EAST, A
DISTANCE OF 50 . 23 ' TO THE POINT OF BEGINNING .
THE INTENT OF THE ABOVE DESCRIBED PARCEL IS TO IDENTIFY AND DESCRIBE THE EASTERLY HALF
O F OLD SHERRY DRIVE AS DRAWN .
CONTAINING 2 . 24 ACRES ( 97 , 718 SQUARE FEET) , MORE OR LESS
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AGENDA ITEM #3A
MAY 9, 2016
Prepared by and return to :
Joanna A. White, Esq.
Foley & Lardner LLP
One Independent Drive, Suite 1300
Jacksonville, FL 32202
084961 -0114
RIGHT OF FIRST REFUSAL AGREEMENT
This Right of First Refusal Agreement (this "Agreement") is made as of this day of
, 2016 (the "Effective Date") between Naval Continuing Care Retirement Foundation,
Inc . , a Florida corporation ("Naval"), whose address is One Fleet Landing Boulevard, Atlantic
Beach, Florida 32233 Attn : Joshua Ashby, and the City of Atlantic Beach, a (" City"),
whose address is . All capitalized terms used
but not immediately thereafter defined shall have the meanings ascribed thereto elsewhere in this
Agreement.
BACKGROUND FACTS
A. Naval owns that certain real property more particularly described on
Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "Property") .
B . The City desires to receive from Naval and Naval desires to grant to the
City the right of first refusal herein set forth.
C . Naval and the City desire to record this Agreement in order to provide
constructive notice thereof and the rights contained herein.
For good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows :
1 . Right of First Refusal .
(a) During the Term of this Agreement, if Naval desires to sell the Property or any
portion of the Property, then Naval may do so after complying with all of the terms, covenants,
and conditions hereinafter set forth.
(b) To enable the City to meet the terms of any bona fide third party written offer
(" Third Party Offer") to purchase the Property or any portion of the Property (such Property or
portion thereof referred to hereinafter as the "Refusal Property") which Naval intends to accept
prior to the expiration of the Term, Naval hereby agrees that if Naval receives such a Third Party
Offer, Naval shall promptly: (i) provide written notice of the Third Party Offer, accompanied by
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AGENDA ITEM #3A
MAY 9, 2016
a complete and accurate copy of the Third Party Offer, to the City (each such notice is referred to
herein as a "ROFR Notice") and (ii) provide the City the opportunity to purchase all of the
Refusal Property at the same price and on the same terms and conditions as set forth in such
Third Party Offer.
(c) The City shall have one hundred twenty ( 120) days from the date of the ROFR
Notice to accept the ROFR Notice (the "ROFR Acceptance Period") by delivering to Naval
written notice of its agreement to purchase the Refusal Property at the same price and on the
same terms and conditions as set forth in the Third Party Offer (a "ROFR Acceptance Notice") .
In the event that the City timely delivers a ROFR Acceptance Notice to Naval, Naval and the
City shall then complete such sale and purchase in accordance with the terms of the Third Party
Offer, except as expressly provided herein. In the event the City defaults under the terms of the
contract entered into by the City and Naval after any applicable notice and cure period provided
in the contract, this Agreement shall terminate .
(d) If the City fails to timely deliver a ROFR Acceptance Notice to Naval, Naval will
have the right, but not the obligation, to sell the Refusal Property, free and clear of the rights of
the City under this Agreement (a "ROFR Third Party Sale"), as follows :
(i) The ROFR Third Party Sale shall be for a price not less than ninety seven
percent (97%) of the purchase price specified in the Third Party Offer and in accordance with the
material terms and conditions of the Third Party Offer. If Naval wishes to complete the ROFR
Third Party Sale for a price less than as set forth in the preceding sentence and/or on terms and
conditions that differ from those set forth in the Third Party Offer, Naval shall again give the
City a ROFR Notice and an opportunity to purchase the Refusal Property at such reduced price
and/or on such amended terms and conditions . The preceding sentence shall not apply to an
amendment to any non-material term or condition of the Third Party Offer.
(ii) Closing of the ROFR Third Party Sale shall take place no later than one
hundred and eighty ( 180) days following expiration of the applicable ROFR Acceptance Period.
(e) In the event that the City does not timely give a ROFR Acceptance Notice to
Naval, and Naval does not complete the ROFR Third Party Sale identified in the ROFR Notice
in accordance with the terms of this Section within one hundred eighty ( 180) days following
expiration of the applicable ROFR Acceptance Period, the provisions of this Agreement shall
again be applicable to the Refusal Property.
2 . Term. The term of this Agreement shall commence on the Effective Date
and continue until 5 : 00 p .m. on the date which is twenty five (25 ) years from the Effective Date
(the " Term") .
3 . Applicability of Right of First Refusal . The City ' s right of first refusal set forth above
may not be exercised in the event of a transfer of the Property or any portion of the Property
through a transfer to an entity owned, controlling, controlled by, or under common control with
Naval ("Related Party Transaction") . In the case of a Related Party Transaction, the City ' s
rights under this Agreement shall bind the Property as to subsequent transactions until the
termination of this Agreement as expressly provided herein.
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AGENDA ITEM #3A
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4 . Litigation Costs . In the event it becomes necessary for either party hereto to file suit to
enforce this Agreement or any provision contained herein, the party prevailing in such suit shall
be entitled to recover, in addition to all other remedies or damages as herein provided, reasonable
attorneys ' , paralegals ' , or expert witnesses ' fees and costs incurred in (i) such suit at trial, (ii) on
appeal or in connection with any bankruptcy or similar proceedings and (iii) litigating the
entitlement to and amount of attorneys ' fees to which the prevailing party is entitled.
5 . Assignment Successors . This Agreement shall be binding upon and inure to the benefit
of the parties hereto, their respective successors, heirs and assigns . Neither party may assign its
rights and/or obligations under this Agreement without the prior written consent of the other
party, and any assignment without that consent shall be void .
6 . Notices . All notices required or permitted to be given under this Agreement must be in
writing addressed to the addresses in the opening paragraph hereof, and may be served (i) by
depositing the same in the United States mail, addressed to the party to be notified, postage
prepaid and registered or certified with return receipt requested; (ii) by recognized overnight
courier, (iii) by delivering the same in person to such party; or (iv) by facsimile or electronic
transmission. Notice may be given by and through counsel of either party. Notice shall be
deemed effective on (A) the date actually delivered, or (B) when delivered via confirmed email
or fax transmission (so long as send retains evidence of transmission and provided that notice is
also provided by another means of notice permitted hereunder within one ( 1 ) business day
thereafter), or (C) upon personal delivery at the addresses set forth in the opening paragraph
hereof Either party may change its addresses for notice by giving three (3 ) days prior written
notice to the other party.
7 . Captions . Captions and headings in this Agreement are for convenience only and should
not be considered in construing this Agreement.
8 . Entire Agreement. This Agreement and its Exhibits contain the entire agreement of the
parties and supersede all prior agreements or understandings of the parties, whether written or
oral, regarding the subject matter of this Agreement.
9 . Modification. This Agreement may not be modified or amended except in writing signed
by all of the parties hereto .
10 . Waivers . No waiver or breach of a covenant or provision in this Agreement shall be
deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be
valid unless in writing and executed by the waiving party.
11 . Construction. In construing this Agreement, the singular form shall include the plural
and vice versa. This Agreement shall not be construed as if it had been prepared by one of the
parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references
to sections are to this Agreement.
12 . Third-Party Rights . Nothing in this Agreement, expressed or implied, is intended to
confer on any person, other than the parties and their respective successors and assigns, any
rights or remedies under this Agreement.
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AGENDA ITEM #3A
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13 . Counterparts . This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original and all of which taken together shall constitute the same
instrument.
14 . Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the
inclusion of which would adversely affect the validity, legality, or enforcement of this
Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain
in full force.
15 . No Joint Venture or Partnership . The parties hereby renounce the existence of any form
of joint venture or partnership between them, and agree that nothing contained herein or in any
document executed in connection herewith shall be construed as making any or all of the parties
joint venturers or partners .
16 . Authority of Parties . All persons executing this Agreement on behalf of a party represent
and warrant that they have the authority to execute this Agreement on behalf of that party.
17 . Governing Law. This Agreement shall be interpreted and construed in accordance with
Florida law.
18 . WAIVER OF JURY TRIAL . EACH PARTY TO THIS AGREEMENT HEREBY
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT THEY
MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON
THIS AGREEMENT OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS
AGREEMENT OR ANY OTHER AGREEMENT CONTEMPLATED AND EXECUTED IN
CONNECTION HEREWITH, OR ANY COURSE OF DEALING, COURSE OF CONDUCT,
STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY
HERETO .
[Remainder of page intentionally left blank; signature pages follow.]
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AGENDA ITEM # 3A
MAY 9, 2016
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first written above .
Signed, sealed and delivered in the NAVAL :
presence of:
Naval Continuing Care Retirement
Foundation, Inc. , a Florida corporation
By:
Print Name :
Print Name : Its :
Dated:
Print Name :
STATE OF FLORIDA
COUNTY OF
On this, the day of , 2016, before me, a Notary Public, personally
appeared Joshua Ashby, the of Naval Continuing Care Retirement Foundation, Inc . , a
Florida corporation, on behalf of the corporation, who is personally known to me or provided
as identification.
Notary Public
Print Name :
My commission expires :
[Signatures Continue on Next Page]
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AGENDA ITEM #3A
MAY 9, 2016
Signed, sealed and delivered in the THE CITY:
presence of:
City of Atlantic Beach, a
By:
Print Name :
Its :
Print Name :
Dated :
Print Name :
STATE OF FLORIDA
COUNTY OF
On this, the day of 2016, before me, a Notary Public, personally
appeared , the of City of Atlantic Beach, a ,
acting on behalf of the , who is personally known to me or provided
as identification.
Notary Public
Print Name :
My commission expires :
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AGENDA ITEM # 3A
MAY 9, 2016
EXHIBIT A
Property
A PART OF GOVERNMENT LOT 1 AND A PART OF DIVISION 3 , OF THE ANDREW DEWEES
GRANT, SECTION 37 , TOGETHER A WITH PART OF FRACTIONAL SECTION 5 AND A PART OF
FRACTIONAL SECTION 8 , ALL IN TOWNSHIP 2 SOUTH , RANGE 29 EAST, DUVAL COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS :
FOR A POINT OF REFERENCE , COMMENCE AT THE NORTHWEST CORNER OF LOT 18 ,
OCEANWALK UNIT FOUR, AS RECORDED IN PLAT BOOK 42 , PAGES 18 , 18A, 18B AND 18C
O F THE CURRENT PUBLIC RECORDS OF SAID COUNTY, SAID POINT BEING SITUATED ON
THE SOUTH LINE OF KATHRYN ABBY HANNAH PARK AS RECORDED IN OFFICIAL RECORDS
VOLUME 3202 , PAGE 481 OF SAID CURRENT PUBLIC RECORDS ; THENCE SOUTH 89 ° 09 ' 53 "
WEST, A DISTANCE OF 145 . 58 FEET TO A 5/8 " IRON ROD SET ON SAID SOUTH LINE OF
KATHRYN ABBY HANNAH PARK AND LYING 4 FEET, MORE OR LESS , WESTERLY OF THE
WEST EDGE OF A CREEK, SAID POINT ALSO BEING THE POINT OF BEGINNING ; THENCE
S OUTH 89 ° 09 ' 52 " WEST, A DISTANCE OF 171 . 93 FEET; THENCE SOUTH 10 ° 07 ' 22 " WEST,
ALONG THE EAST LINE OF LANDS RECORDED IN OFFICIAL RECORDS VOLUME 5842 , PAGE
1513 OF SAID CURRENT PUBLIC RECORDS , A DISTANCE OF 40 . 00 FEET TO THE SOUTH
LINE OF LANDS RECORDED IN SAID OFFICIAL RECORDS VOLUME 5842 , PAGE 1513 ;
THENCE SOUTH 89 ° 0932 " WEST, ALONG SAID SOUTH LINE , A DISTANCE OF 40 . 00 FEET
TO REFERENCE POINT " A" AND THE SOUTHWEST CORNER OF SAID LANDS , ( SAID POINT
B EING SITUATED ON THE EAST LINE OF LANDS RECORDED IN OFFICIAL RECORDS VOLUME
6032 , PAGE 199 AND OFFICIAL RECORDS VOLUME 5733 , PAGE 1291 OF SAID CURRENT
PUBLIC RECORDS ) ; THENCE SOUTH 10 ° 02 ' 23 " WEST, A DISTANCE OF 408 FEET, MORE OR
LESS , TO THE NORTH EDGE OF THE AFOREMENTIONED CREEK ; THENCE EAST,
N ORTHEASTERLY, AND NORTHERLY ALONG THE MEANDERINGS OF SAID CREEK, A
D ISTANCE OF 533 FEET, MORE OR LESS , TO THE SOUTH LINE OF LANDS RECORDED IN
SAID OFFICIAL RECORDS VOLUME 3202 , PAGE 481 AND SAID KATHRYN ABBY HANNAH
PARK ; THENCE SOUTH 89 ° 09 ' 52 " WEST, A DISTANCE OF 4 FEET, MORE OR LESS , TO THE
AFOREMENTIONED 5/8 " IRON ROD AND THE POINT OF BEGINNING .
TOGETHER WITH :
A PART OF GOVERNMENT LOT 1 AND A PART OF DIVISION 3 , OF THE ANDREW DEWEES
G RANT, SECTION 37 , TOGETHER WITH A PART OF FRACTIONAL SECTION 5 AND A PART OF
FRACTIONAL SECTION 8 , ALL IN TOWNSHIP 2 SOUTH , RANGE 29 EAST, DUVAL COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS :
FOR A POINT OF REFERENCE , COMMENCE AT THE NORTHWEST CORNER OF LOT 18 ,
OCEANWALK UNIT FOUR, AS RECORDED IN PLAT BOOK 42 , PAGES 18 , 18A, 18B AND 18C
OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, SAID POINT BEING SITUATED ON
THE SOUTH LINE OF KATHRYN ABBY HANNAH PARK AS RECORDED IN OFFICIAL RECORDS
VOLUME 3202 , PAGE 481 OF SAID CURRENT PUBLIC RECORDS ; THENCE SOUTH 89 ° 09 ' 53 "
WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 50 . 23 FEET TO THE POINT OF
B EGINNING ; THENCE SOUTH 06 ° 17 ' 36 " EAST, A DISTANCE OF 34 . 29 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2 , 864 . 78
FEET; THENCE SOUTHERLY ALONG AND AROUND SAID CURVE AN ARC DISTANCE OF
391 . 36 FEET, SAID CURVE BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF
S OUTH 10 ° 12 ' 25 " EAST, 391 . 05 FEET TO THE POINT OF TANGENCY ; THENCE SOUTH
14 ° 07 ' 14 " EAST, A DISTANCE OF 741 . 36 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE WEST AND HAVING A RADIUS OF 2 , 864 . 70 FEET; THENCE SOUTHERLY
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ALONG AND AROUND SAID CURVE , AN ARC DISTANCE OF 533 . 79 FEET, SAID CURVE
B EING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 08 °46 ' 57 " EAST,
533 . 02 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 03 ° 26 '40 " EAST, A DISTANCE
OF 255 . 00 FEET TO THE NORTH LINE OF LANDS RECORDED IN OFFICIAL RECORDS BOOK
5463 , PAGE 29 OF SAID CURRENT PUBLIC RECORDS ; THENCE SOUTH 86 ° 03 ' 52 " WEST,
ALONG SAID NORTH LINE , A DISTANCE OF 247 FEET, MORE OR LESS , TO THE WEST EDGE
OF A CREEK ; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE MEANDERINGS OF
SAID CREEK, 1 , 466 FEET, MORE OR LESS , TO THE EAST LINE OF LANDS RECORDED IN
O FFICIAL RECORDS VOLUME 6032 , PAGE 199 AND OFFICIAL RECORDS VOLUME 5733 ,
PAGE 1291 OF SAID CURRENT PUBLIC RECORDS ; THENCE NORTH 10 ° 02 ' 23 " EAST, ALONG
SAID EAST LINE , 118 FEET, MORE OR LESS , TO THE NORTH EDGE OF SAID CREEK ;
THENCE NORTHERLY AND NORTHEASTERLY ALONG THE MEANDERINGS OF SAID CREEK,
533 FEET, MORE OR LESS , TO THE SOUTHERLY LINE OF SAID LANDS RECORDED IN
O FFICIAL RECORDS VOLUME 3202 , PAGE 481 AND KATHRYN ABBY HANNAH PARK ; THENCE
N ORTH 89 ° 09 ' 53 " EAST, A DISTANCE OF 91 FEET, MORE OR LESS , TO THE POINT OF
B EGINNING .
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