Signed Originals for Agreement Between COJ and COAB for Improvements to Dog Park v CITY OF ATLANTIC BEACH
0 4‘J OFFICE OF THE CITY CLERK
J ��f 800 SEMINOLE ROAD
•,;1 ATLANTIC BEACH,FLORIDA 32233-5455
44
s f TELEPHONE: (904)247-5810
' c) SUNCOM: 852-5810
J': y FAX: (904)247-5846
www.coab.us
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April 13,2010 ,40212.44G�
Office of General Counsel
City of Jacksonville
City Hall, St.James Building
117 West Duval Street, Suite 480
Jacksonville,FL 32202
Re: Interlocal Agreement between the City of Jacksonville and the City of Atlantic Beach
for Improvements to Atlantic Beach Dog Park.
Dear Mr.Mc.Cain,
As requested in your letter,we have enclosed all three signed originals for execution by City of
Jacksonville.
Please mail one fully executed original back to me at 800 Seminole Road,Atlantic Beach, Florida
32233.
Sincerely,
/4,,,,,,f,64,tit
Donna L. Bartle
Certified Municipal Clerk
Enclosures
cc: Rick Carper
OFFICE OF GENERAL COUNSEL
RICHARD A.MULLANEY CITY OF JACKSONVILLE CINDY A.LAQUIDARA
GENERAL COUNSEL pp, CHIEF DEPUTY GENERAL COUNSEL
MICHAEL J.ARINGTON
. WENDYL.MUMMAW
DEBRA A.BRAGA O r"�._ �.; DOUGLASS E.MYERS,JR.
WILLIAM B.BURKETTd - RISTINA G.NELSON
KAREN M.CHASTAIN 1 U
K\ GAYLE PETRIE
DERREL Q.CHATMON -
DAVID J.D'AGATA \ �. '. JON R.PHILLIPS
STEPHEN J.POWELL
TWANE L.DUCKWORTH � RI9 ' DYLAN T.REINGOLD
LOREE L.FRENCH '
STEVEN E.RONAN
JASON R.GABRIEL CITY HALL,ST.JAMES BUILDING JULIANA ROWLAND
JOHN F.GERMANY,JRCHERRY A.SHAW
SEAN B.GRANAT 117 WEST DUVAL STREET,SUITE 480 MARGARET M.SIDMAN
LAWSIKIAJ.HODGES JACKSONVILLE,FLORIDA 32202 JEFFREY D.SMITH
MARY W.JARRETT EDWARD C.TANNEN
HOWARD M.MALTZ JASON R.TEAL
NEILL W.MCARTHUR,JR. JOEL B.TOOMEY
JAMES R.MCCAIN,JR. DEBORAH D.WALTERS
CAROL MIRANDO MICHAEL B.WEDNER
MICHELLE M.MOORE GARY YOUNG
ERNST D.MUELLER
March 18,2010 RECEIVED
MAR 1 9 2010
Ricky L. Carper,P.E. J�
Public Works Director/City Manager BY:
City of Atlantic Beach _
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
RE: Interlocal Agreement between the City of Jacksonville and the City of Atlantic Beach for
Improvements to Atlantic Beach Dog Park.
Dear Mr.Carper:
Attached hereto are three(3)duplicate originals of the above referenced document. Please have these
duplicate originals executed by the appropriate representatives of the City of Atlantic Beach and returned
to me. In doing so,please do not date the documents as that will be done upon final execution by the
City of Jacksonville. Also remember to have the signatures of the persons signing the documents
witnessed or attested in the space provided. Failure to witness the signatures will result in our having to
return the contracts for further handling. Upon receipt of the properly executed and witnessed duplicate
originals, we shall have them executed by the City of Jacksonville and return a fully executed original to
you for your file.
Thank you very much for your attention to this matter.
incerely,
ames R. McCain,Jr.
Attachments
Office Telephone Writer's Direct Line Facsimile Writer's E-Mail Address Office Web Site
(904)630-1700 (904)630-7130 (904)630-1731 JMcCain@coj.net GeneralCounsel.coj.com
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF JACKSONVILLE AND
THE CITY OF ATLANTIC BEACH
FOR IMPROVEMENTS TO ATLANTIC BEACH DOG PARK
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this
day of , 2010, by and between the CITY OF JACKSONVILLE, a
municipal corporation in Duval County, Florida, with its principal office at 117 West Duval
Street, Jacksonville, Florida 32202 (hereinafter referred to as "COJ") and the CITY OF
ATLANTIC BEACH, a municipal corporation in Duval County, Florida, with its principal
office at 800 Seminole Road,Atlantic Beach, Florida 32233 (hereinafter referred to as "COAB")
for funding assistance in the installation of improvements at the Atlantic Beach Dog Park
(hereinafter referred to as the"Project").
WITNESSETH:
WHEREAS, COJ will make district funds available to COAB, as specified below, to
assist in funding for a portion of the costs to construct the Project, as more particularly described
in Exhibit "A", attached hereto and, by this reference, made a part hereof, to be located at the
Hopkins Creek Pond location on Aquatic Drive, Atlantic Beach, Florida, 32233 (R.E. # 177411-
0200, recorded in O.R. 13625, page 00663, and more particularly described in Exhibit "B"
attached hereto and, by this reference, made a part hereof), which property is owned by COAB
(hereinafter referred to as the"Premises"); and
WHEREAS, district funding in the amount of $15,000.00 will be provided from COJ
Account Number"CCCP36313720"by and through Section 106.315, Ordinance Code; and
WHEREAS, it is in COJ's best interest to provide funding for the Project and to make
and enter into a contract with COAB, as is required in Section 106.315(a), Ordinance Code; now
therefore
IN CONSIDERATION of the mutual promises contained herein and for other good and
sufficient consideration, the parties agree that:
1. Incorporation of Recitals. The above stated recitals are true and correct and, by
this reference, are incorporated herein and made a part hereof.
2. Effective Date. This Agreement shall become effective on the day and year first
written above and shall continue in full force until construction of the Project is complete, unless
terminated earlier as provided in this Agreement; provided however, this Project shall be
completed no later than September 30,2010.
Page 1 of 8
3. Assistance with Funding the Project. COJ shall provide funding in a total
amount not-to-exceed FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) to COAB
for the purpose of assisting with the capital funding of the Project, as more particularly described
in Exhibit "A". COJ will not maintain, repair, or support the Project during construction or at
any time thereafter. Such maintenance, repair and support of the Project shall be the sole and
exclusive responsibility of COAB, with no additional cost or expense to COJ. COAB shall spend
the funding provided by COJ only on the Project and for no other matters. Expenditure of the
funds on any other matter than the Project shall be a material breach and default of this
Agreement and shall result in refunds as specified in this Agreement. It is the intent of COAB to
spend a minimum of$20,580 on the Project. Since items may be added or deleted depending on
prices, the completed Project will be in substantial, rather than exact, compliance with the plans
submitted.
4. COAB Compliance. COAB shall comply with all applicable bond
covenants/restrictions, federal, state, and local laws, rules, regulations and ordinances relative to
the expenditure of the funds under this Agreement.
5. Project Improvements. COAB shall comply with the construction standards
and priority schedule as stated in Exhibit"A".
6. Payment on Draw or Reimbursement Basis. COJ's contribution for the Project
pursuant to this Agreement shall be on a "draw for work done" basis or on a "cost for
reimbursement" basis. Payments will be made within thirty (30) days of COAB's submittal to
COJ of documentation, including bills, invoices and other documents satisfactory to COJ's
General Accounting Division,to justify withdrawal or reimbursement payment to COAB.
7. COJ Representative. COJ's Public Works Department shall be responsible for
overseeing, administering and implementing this Agreement. COJ shall by subsequent written
notice advise COAB of the contact person in the Public Works Department.
8. Accounting/Report. COAB shall provide the Public Works Department and the
Council Auditor with a full accounting/report. Such accounting/report shall be in a form
approved by the Council Auditor and shall include, but not be limited to, copies of all invoices
and checks. Such accounting/report shall be submitted at the completion of the Project with the
first and final reimbursement request.
9. Maximum Indebtedness. COJ shall be indebted under this Agreement to the
maximum amount of FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00).
10. Indemnification.
10.01. COAB shall hold harmless, indemnify, and defend COJ, including, without
limitation, its officers, directors, members, representatives, affiliates, agents and employees,
successors and assigns against any and all claims, suits, demands,judgments, losses, costs, fines,
penalties, damages, liabilities and expenses (including all costs for investigation and defense
Page 2 of 8
thereof, including, but not limited to, court costs, reasonable expert witness fees and attorney's
fees) which may be incurred by, charged to or recovered from and against any of the following
arising directly or indirectly out of any of COAB's operations, work or services performed in
connection with this Agreement, including,but not limited to:
10.01.01. any and all claims for damages as a result of the injury to or death of
any person or persons, or damage to or destruction of any property which arises as a
result of any negligent act or omission on the part of COAB, its agents, affiliates or
assigns, regardless of where the damage, injury or death occurred; or arising out of the
failure of COAB to keep, observe or perform any of its obligations`under this Agreement
or in any other document or instrument delivered by COAB pursuant to this Agreement;
10.01.02. any and all claims, suits, demands, judgments, losses, costs, fines,
penalties, damages, liabilities and expenses (including all costs of cleanup, containment
or other remediation, and all costs for investigation and defense thereof, including, but
not limited to, court costs, reasonable expert witness fees and attorney's fees) arising
from or in connection with (a) actions or activities of COAB, including, but not limited
to, its agents, affiliates or assigns ("Parties"), that result in a violation of any
environmental law, ordinance, rule, or regulation or that leads to an environmental claim
or citation or to damages due to COAB's or other Parties' activities, (b) any
environmental, health and safety liabilities arising out of or relating to the operation or
other activities performed in connection with this Agreement by COAB or any Party at
any time on or prior to the Effective Date, or (c) any bodily injury (including illness,
disability and death, regardless of when any such bodily injury occurred, was incurred or
manifested itself), personal injury, property damage (including trespass, nuisance,
wrongful eviction and deprivation of the use of real property) or other damage of or to
any person in any way arising from or allegedly arising from any hazardous activity
conducted by COAB or any Party; any remedial action and any proceeding relating to an
environmental claim shall be the responsibility of COAB;
10.01.03. any and all claims, suits, demands, judgments, losses, costs, fines,
penalties, damages, liabilities and expenses (including all costs for investigation and
defense thereof, including, but not limited to, court costs, reasonable expert witness fees
and attorney's fees) arising from or based upon the violation of any federal, state, or
municipal laws, statutes,resolutions, or regulations by COAB or those under its control;
10.01.04. any and all claims, suits, demands, judgments, losses, costs, fines,
penalties, damages, liabilities and expenses (including all costs for investigation and
defense thereof; including, but not limited to, court costs, reasonable expert witness fees
and attorney's fees) which may be incurred by, charged to or recovered from any of the
foregoing, arising directly or indirectly out of (a) any breach of any representation or
warranty made by COAB in connection with this Agreement or in any certificate,
document, writing or other instrument delivered by COAB pursuant to this Agreement or
(b) any breach of any covenant or obligation of COAB set forth in this Agreement or any
other any certificate, document, writing or other instrument delivered by COAB pursuant
Page 3 of 8
to this Agreement.
10.02. The indemnifications contained in Section 10.01, above, are separate and apart
from, and are in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. This Section 10 relating to Indemnification shall survive the term of this Agreement,
and any holdover and/or contract extensions thereto, whether such term expires naturally by the
passage of time or is terminated earlier pursuant to the provisions of this Agreement.
10.03. The indemnifications given by COAB are subject to the provisions and limitations
of Section 768.28, Florida Statutes, and shall not be construed as, and are not, a further waiver of
COAB's sovereign immunity beyond the limited legislative waiver thereof in Section 768.28,
Florida Statutes.
11. COAB Operations. COAB shall, at no additional cost or expense to COJ,
operate and maintain the Premises as the Atlantic Beach Dog Park and such Premises shall be
open and available for use to all residents and visitors to the City of Jacksonville for an annual
park usage fee, with no discrimination on the basis of race, creed, color, sex, religion, national
origin,marital status, age, disability or residence.
12. COAB Responsibilities. COAB shall be solely responsible for all maintenance
and repairs to the Project at no additional cost to COJ, including, but not limited to, the
following:
12.01 COAB shall maintain and keep the Project in good repair and shall provide all
required maintenance and repair of whatsoever kind or nature.
12.02 COAB, without limiting its liability hereunder, agrees to procure, keep and
maintain adequate insurance types and coverage amounts. COAB shall require contractors to
carry insurance in accordance with COAB's Insurance Requirements Policy.
13. Non-Waiver. The waiver by either party of any breach of this Agreement by the
other party shall not be construed as a waiver of any subsequent breach of duty or covenant
imposed by this Agreement.
14. Right of Entry. COJ, at reasonable times,has the right to enter into and upon the
Premises for the purposes of viewing the same and of verifying compliance by COAB with its
obligations under this Agreement.
15. COAB Default. If COAB shall neglect or fail to perform or observe any
requirement or violate any provision of this Agreement and such default shall continue for a
period of thirty (30) days after written notice thereof is given by COJ to COAB, then COJ may
immediately, or at any time thereafter, and without further notice or demand, terminate this
Agreement without prejudice to any remedy which might otherwise be used by COJ to recover
for any breach of COAB's covenants herein contained. Should this Agreement be terminated as
a result of COAB's breach of Section 3 of this Agreement, then, and in such event, COAB must
Page 4 of 8
refund and return all funds provided by COJ. Such refund and return shall be made within
fifteen(15)days after notice and request for refund by COJ.
16. Notices. All notices required under this Agreement shall be by certified mail
return receipt requested:
As to the COJ: As to the COAB:
117 West Duval Street 800 Seminole Road
Jacksonville, FL 32202 Atlantic Beach, FL 32233
17. Termination for Convenience. COJ shall have the absolute right to terminate
this Agreement without cause upon giving sixty(60) days' advance written notice to COAB.
18. Actions of Mayor and Corporation Secretary. The Mayor and Corporation
Secretary shall have the authority to terminate this Agreement under any circumstances in which
COJ has a legal right to terminate this Agreement in accordance with the provisions hereof.
19. Construction of Agreement Terms. The parties agree that they have had
meaningful discussion and/or negotiations of the provisions, terms and conditions contained in
this Agreement. Therefore, doubtful or ambiguous provisions, if any, contained in this
Agreement shall not be construed against the party who physically prepared this Agreement.
20. Entire Agreement. This Agreement represents the entire agreement by and
between the parties concerning the receipt and expenditure of the funds specified herein. No
agreement, statement, representation, course of action or course of statement, representation,
course of action or course of conduct by either of the parties hereto, or by their authorized
representatives, shall be binding if it is not in writing and contained in this Agreement. This
Agreement may be amended by written instrument signed by the parties or their lawfully
authorized representatives.
21. Severability. If any section, paragraph, sentence or other part of this Agreement
is declared to be unenforceable or unlawful by a court of competent jurisdiction, then, in such
event, such section, paragraph, sentence or other part shall be severed from this Agreement and
shall not affect other terms and conditions herein.
22. Section/Paragraph Headings. All section/paragraph headings herein are
provided for convenience only and shall not be used in the interpretation or construction of the
Agreement.
23. Exhibits. All exhibits which are attached hereto and which are specifically and
expressly referenced in the text of this Agreement are incorporated into this Agreement as if
fully set forth herein.
Page 5 of 8
24. Governing Law/Venue. This Agreement shall be governed by the law of the
State of Florida. Venue for litigation of this Agreement shall be in a court of competent
jurisdiction in Jacksonville,Duval County, Florida.
25. Survival of Provisions. The provisions of Sections 8, 10, 11, and 12 shall
survive the termination of this Agreement.
[Remainder of page left blank intentionally. Signature page follows immediately]
Page 6 of 8
IN WITNESS WHEREOF, the parties, by and through their lawfully authorized
representatives,have executed this Agreement on the day and year first above written.
ATTEST: CITY OF JACKSONVILLE
By: By:
Neill W. McArthur, Jr. John Peyton, Mayor
Corporation Secretary 117 West Duval Street
117 West Duval Street Jacksonville, Florida 32202
Jacksonville, Florida 32202
ATTEST: CITY OF ATLANTIC BEACH
By: adOvr1# 1�� � By: 643A44,0
Donna L. Bartle, City Clerk Mike Borno, Mayor
800 Seminole Road 800 Seminole Road
Atlantic Beach, Florida 32233 Atlantic Beach, Florida 32233
In compliance with the Charter of the City of Jacksonville, I do hereby certify that there
is an unexpended, unencumbered, and unimpounded balance in the appropriation sufficient to
cover the foregoing Agreement, and provision has been made for the payment of the monies
provided therein to be paid.
Director of Finance
Form Approved:
Office of General Counsel
G:\Gov't OperationsUMCain\PREC\Interlocal Agreements\COJ.COAB.DogPark.doc
Page 7of10
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this day of ,
2010, by John Peyton and Neill W. McArthur, Jr., the Mayor and Corporation Secretary
respectively, of the City of Jacksonville, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
o are personally known to me; or
o produced a current driver's license as identification;or
o produced as identification
(Sign)
(Print)
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this /Q. day of
Pt-Pr-i• I , 2010, by Mike Bomo and Donna L. Bartle, the Mayor and City Clerk
respectively, of the City of Atlantic Beach, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
are personally known to me; or
o produced a current driver's license as identification; or
o produced as identification
L'/(exte..4, :_l.A2A- --€.-43 (Sign)
(Print)
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
ere Notary Public State of Florida
4•E: Nancy E Bailey
‘0,Fr ncf, My CommisoDExpires 02/0si8/2012n D745822
• Page 8 of 10
EXHIBIT "A"
SCOPE OF WORK FOR PROJECT
Hopkins Creek Dog Park
Revised 1/26/2010
Item# Description Units Est. Qty. Unit Price 1 otal Price
Initial Costs
1 Four foot,vinyl coated Fence LF 300 $12.00 $3,600.00
(Small dog enclosure& Kindercare section)
Entry gates (2-48"tall x 36"wide, 10'double gate for
2 vehicle entry) LS 1 $1,800.00 $1,800.00
3 8"Concrete Border at Entrance Gate (12'x 18') SF 120 $9.00 $1,080.00
4 Paver Bricks for Dedication area (4.5 bricks/SF) EA 1000 $1.00 $1,000.00
5 Water supply(new meter/impact fee required) LS 1 $3,000.00 $3,000.00
(2 watering stations and rinsing area)
6 Electronic Access Control System LS 1 $4,000.00 $4,000.00 Annual Fee for Park Usage to obtain Pass
7 Benches EA 1 $300.00 $300.00 Two Boy Scout Benches installed-no cost
third bench to be installed when fencing in.
8 Access ramp from pavement to entrance(asphalt?) LS 1 $2,500.00 $2,500.00
9 Poop bag dispenser EA 3 $100.00 $300.00 One already installed,3 more needed
10 Poop Bags CA 1 $280.00 $280.00
11 Signage LS 1 $600.00 $600.00
12 Kiosk-message board EA 1 $250.00 $250.00
TOTAL Capital Cost $18,710.00
Contingency 10% 0.1 $1,871.00
GRAND TOTAL INCLUDING CONTINGENCY $20,581.00
2/26/2010 F:\Public Works\Parks\Dog Park\Dog Park.xls Dog Park.xls
EXHIBIT "B"
LEGAL DESCRIPTION
EXHIBIT "A"
LEGAL DESCRIPTION
A PART OF THE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP 2
SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE,
COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH VILLA UNIT
NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA: THENCE RUN SOUTH 07°16'02" EAST
ALONG A SOUTHERLY PROJECTION OF THE EAST LINE OF SAID SUBDIVISION,
AND ALONG THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IN
PLAT BOOK 38 PAGES 71 AND 71A OF THE PUBLIC RECORDS OF SAID COUNTY,
A DISTANCE OF 400.62 FEET TO THE POINT OF BEGINNING BEING A POINT ON
THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953,
PAGE 1073 OF SAID PUBLIC RECORDS; THENCE CONTINUE SOUTH 07°16'02"
EAST, A DISTANCE OF 175.32 FEET TO THE NORTHEAST CORNER OF THE
LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 9574 PAGE 1103 OF SAID
PUBLIC RECORDS; THENCE RUN SOUTH 89°19'14" WEST ALONG THE
NORTHERLY LINE OF SAID LANDS AND ALONG THE SOUTHERLY LINE OF
LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073,
AFORESAID, A DISTANCE OF 500.30 TO THE EASTERLY LINE OF THOSE LANDS
DESCRIBED IN OFFICIAL RECORDS VOLUME 4817 PAGE 722 OF SAID PUBLIC
RECORDS, BEING ALSO THE SOUTHWEST CORNER OF LANDS DESCRIBED IN
OFFICIAL RECORDS VOLUME 6953, PAGE 1073 AFORESAID; THENCE NORTH
07°30'25" WEST ALONG SAID EASTERLY LINE, BEING ALSO THE WESTERLY
LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 6953, PAGE 1073
AFORESAID, A DISTANCE OF 175.37 FEET; THENCE DEPARTING SAID LINE RUN
NORTH 89°19'14" EAST A DISTANCE OF 500.76 FEET TO THE POINT OF
BEGINNING.
JAX\1044735 2
EXHIBIT "B"
PERMITTED EXCEPTIONS LIST
1 Conditions set forth in Special Warranty Deed recorded in Official Records Book 9268, Page 2239,
of the Public Records of Duval County, Florida. (As to Easement Parcel)
2 Covenants and Restrictions contained in Special Warranty Deed recorded in Official Records Book
6205, Page 617, of the Public Records of Duval County, Florida. (As to Easement Parcel)
2 Matters shown on the Plat of AQUATIC GARDENS, a Subdivision recorded in Plat Book 38, Pages
71 AND 71A, of the Public Records of Duval County, Florida. (As to Easement Parcel)
4 Declaration of Covenants, Restrictions and Easements recorded in Official Records Book 5993,
Page 2030, of the Public Records of Duval County, Florida. (As to Easement Parcel)
5 Mortgage from SUNRISE COMMUNITY EVANGELICAL FREE CHURCH, INC., a Florida
corporation, to BEACHES AQUATIC POOL, INC., recorded April 23, 1999, in Official Records
Book 9268, Page 2242, of the Public Records of Duval County, Florida. (As to Easement Parcel)
6 Drainage Easement as recorded in Official Records Book 5884, Page 1242, as re-recorded in
Official Records Book 5891, Page 356, of the Public Records of Duval County, Florida.
7 Utility Easement recorded in Official Records Book 5884, Page 1250, of the Public Records of
Duval County, Florida.
8 Easement recorded in Official Records Book 6393, Page 954, of the Public Records of Duval
County, Florida.
9 Easement for access as recorded in Official Records Book 5626, Page 347, of the Public Records
of Duval County, Florida.
10 Easement reserved over the Westerly 30 feet of caption property as contained in Instrument
recorded in Official Records Book 5604, Page 1689, of the Public Records of Duval County,
Florida.
11 Agreement recorded in Official Records Book 5626, Page 349, of the Public Records of Duval
County, Florida.
JAX\1044735_2
EXHIBIT "C"
CHURCH PARCEL
PARCEL 1:
A PART OF THE CASTRO Y FERRER GRANT, SECTION 38, TOWNSHIP 2
SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING,
COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH VILLA UNIT
NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA; THENCE SOUTH 07°16'02" EAST
ALONG A SOUTHERLY PROJECTION OF THE EASTERLY LINE OF SAID
ATLANTIC BEACH VILLA UNIT TWO AND THE WESTERLY LINE OF AQUATIC
GARDENS AS RECORDED IN PLAT BOOK 38 PAGES 71 AND 71A OF SAID PUBLIC
RECORDS, A DISTANCE OF 323.13 FEET; THENCE SOUTH 89°18'38" WEST, A
DISTANCE OF 500.20 FEET TO THE EASTERLY LINE OF THE LANDS DESCRIBED
IN OFFICIAL RECORDS VOLUME 3302 PAGE 744 OF SAID PUBLIC RECORDS;
THENCE NORTH 07°16'02"WEST ALONG SAID EASTERLY LINE, A DISTANCE OF
527.20 FEET TO THE SOUTHERLY LINE OF SAID ATLANTIC BEACH VILLA UNIT
NO. 2; THENCE SOUTH 69°31'25" EAST ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 561.45 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
A PART OF THE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP 2
SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE,
COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH VILLA UNIT
NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA; THENCE RUN SOUTH 07°16'02" EAST
ALONG A SOUTHERLY PROJECTION OF THE EAST LINE OF SAID SUBDIVISION,
AND ALONG THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IN
PLAT BOOK 38 PAGES 71 AND 71A OF THE PUBLIC RECORDS OF SAID COUNTY,
A DISTANCE OF 323.13 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 07°16'02" EAST, A DISTANCE OF 282.18 FEET TO THE
NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS
VOLUME 5884 PAGE 1270 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH
89°18'38" WEST ALONG THE NORTHERLY LINE OF SAID LANDS, A DISTANCE
OF 199.83 FEET TO A POINT ON THE EASTERLY LINE OF THE LANDS
DESCRIBED IN OFFICIAL RECORDS VOLUME 5891 PAGE 365 OF SAID PUBLIC
RECORDS; THENCE NORTH 07°16'02" WEST ALONG SAID EASTERLY LINE, A
DISTANCE OF 30.00 FEET TO THE NORTHEAST CORNER OF SAID LANDS;
THENCE RUN SOUTH 89°18'38" WEST ALONG THE NORTHERLY LINE OF SAID
LANDS AND THE NORTHERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL
JAX\1044735_2
RECORDS VOLUME 6361 PAGE 2172 OF SAID PUBLIC RECORDS, A DISTANCE OF
300.37 FEET TO THE EASTERLY LINE OF THOSE LANDS DESCRIBED IN
OFFICIAL RECORDS VOLUME 4817 PAGE 722 OF SAID PUBLIC RECORDS;
THENCE NORTH 07°16'02" WEST ALONG SAID EASTERLY LINE AND
NORTHERLY PROJECTION THEREOF, A DISTANCE OF 252.18 FEET; THENCE
NORTH 89°18'38" EAST, A DISTANCE OF 500.20 FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPT: A PART OF THE CASTRO Y. FERRER GRANT,
SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT
OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC
BEACH VILLA UNIT NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE
CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA: THENCE RUN
SOUTH 07°16'02" EAST ALONG A SOUTHERLY PROJECTION OF THE EAST LINE
OF SAID SUBDIVISION, AND ALONG THE WESTERLY LINE OF AQUATIC
GARDENS AS RECORDED IN PLAT BOOK 38 PAGES 71 AND 71A OF THE PUBLIC
RECORDS OF SAID COUNTY, A DISTANCE OF 400.62 FEET TO THE POINT OF
BEGINNING BEING A POINT ON THE EAST LINE OF LANDS DESCRIBED IN
OFFICIAL RECORDS VOLUME 6953, PAGE 1073 OF SAID PUBLIC RECORDS;
THENCE CONTINUE SOUTH 07°16'02" EAST, A DISTANCE OF 175.32 FEET TO
THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS
VOLUME 9574 PAGE 1103 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH
89°19'14" WEST ALONG THE NORTHERLY LINE OF SAID LANDS AND ALONG
THE SOUTHERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS
VOLUME 6953, PAGE 1073, AFORESAID, A DISTANCE OF 500.30 TO THE
EASTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS
VOLUME 4817 PAGE 722 OF SAID PUBLIC RECORDS, BEING ALSO THE
SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME
6953, PAGE 1073 AFORESAID; THENCE NORTH 07°30'25" WEST ALONG SAID
EASTERLY LINE, BEING ALSO THE WESTERLY LINE OF LANDS DESCRIBED IN
OFFICIAL RECORDS VOLUME 6953, PAGE 1073 AFORESAID, A DISTANCE OF
175.37 FEET; THENCE DEPARTING SAID LINE RUN NORTH 89°19' 14" EAST A
DISTANCE OF 500.76 FEET TO THE POINT OF BEGINNING.
TRACT 1:
TRACT 1,AQUATIC GARDENS, AS RECORDED IN PLAT BOOK 38, PAGES
71 AND 71A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY,
FLORIDA.
JAX\1044735 2
EXHIBIT"D"
EAST POND PARCEL
TRACT 1,AQUATIC GARDENS, AS RECORDED IN PLAT BOOK 38, PAGES 71 AND
71A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
JAX\1044735_2
EXHIBIT "E"
EASEMENT PARCEL
THE EASTERLY 30 FEET OF THE FOLLOWING PARCEL:
PARCEL 2:
A PART OF THE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP 2
SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE,
COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH VILLA UNIT
NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA; THENCE RUN SOUTH 07°16'02" EAST
ALONG A SOUTHERLY PROJECTION OF THE EAST LINE OF SAID SUBDIVISION,
AND ALONG THE WESTERLY LINE OF AQUATIC GARDENS AS RECORDED IN
PLAT BOOK 38 PAGES 71 AND 71A OF THE PUBLIC RECORDS OF SAID COUNTY,
A DISTANCE OF 323.13 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 07°16'02" EAST, A DISTANCE OF 282.18 FEET TO THE
NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS
VOLUME 5884 PAGE 1270 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH
89°18'38" WEST ALONG THE NORTHERLY LINE OF SAID LANDS, A DISTANCE
OF 199.83 FEET TO A POINT ON THE EASTERLY LINE OF THE LANDS
DESCRIBED IN OFFICIAL RECORDS VOLUME 5891 PAGE 365 OF SAID PUBLIC
RECORDS; THENCE NORTH 07°16'02 " WEST ALONG SAID EASTERLY LINE, A
DISTANCE OF 30.00 FEET TO THE NORTHEAST CORNER OF SAID LANDS;
THENCE RUN SOUTH 89°18'38" WEST ALONG THE NORTHERLY LINE OF SAID
LANDS AND THE NORTHERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL
RECORDS VOLUME 6361 PAGE 2172 OF SAID PUBLIC RECORDS, A DISTANCE OF
300.37 FEET TO THE EASTERLY LINE OF THOSE LANDS DESCRIBED IN
OFFICIAL RECORDS VOLUME 4817 PAGE 722 OF SAID PUBLIC RECORDS;
THENCE NORTH 07°16'02" WEST ALONG SAID EASTERLY LINE AND
NORTHERLY PROJECTION THEREOF, A DISTANCE OF 252.18 FEET; THENCE
NORTH 89°18'38" EAST, A DISTANCE OF 500.20 FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPT: A PART OF THE CASTRO Y. FERRER GRANT, SECTION 38,
TOWNSHIP 2 SOUTH, RANGE 29 EAST,DUVAL COUNTY, FLORIDA,AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF
REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF ATLANTIC BEACH
VILLA UNIT NO. 2 AS RECORDED IN PLAT BOOK 31 PAGE 13 OF THE CURRENT
PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA: THENCE RUN SOUTH
07°16'02" EAST ALONG A SOUTHERLY PROJECTION OF THE EAST LINE OF
SAID SUBDIVISION,AND ALONG THE WESTERLY LINE OF AQUATIC GARDENS
AS RECORDED IN PLAT BOOK 38 PAGES 71 AND 71A OF THE PUBLIC RECORDS
OF SAID COUNTY,A DISTANCE OF 400.62 FEET TO THE POINT OF BEGINNING
JAX\1044735_2
BEING A POINT ON THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL
RECORDS VOLUME 6953, PAGE 1073 OF SAID PUBLIC RECORDS; THENCE
CONTINUE SOUTH 07°16'02" EAST,A DISTANCE OF 175.32 FEET TO THE
NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS
VOLUME 9574 PAGE 1103 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH
89°19'14" WEST ALONG THE NORTHERLY LINE OF SAID LANDS AND ALONG
THE SOUTHERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS
VOLUME 6953, PAGE 1073,AFORESAID,A DISTANCE OF 500.30 TO THE
EASTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS
VOLUME 4817 PAGE 722 OF SAID PUBLIC RECORDS, BEING ALSO THE
SOUTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME
6953, PAGE 1073 AFORESAID; THENCE NORTH 07°30'25" WEST ALONG SAID
EASTERLY LINE,BEING ALSO THE WESTERLY LINE OF LANDS DESCRIBED IN
OFFICIAL RECORDS VOLUME 6953, PAGE 1073 AFORESAID,A DISTANCE OF
175.37 FEET; THENCE DEPARTING SAID LINE RUN NORTH 89°19' 14" EAST A
DISTANCE OF 500.76 FEET TO THE POINT OF BEGINNING.
JAX\1044735_2
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