The URL can be used to link to this page

05-14-18 Commission Meeting Agenda PacketCity of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, May 14, 2018 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page 1. APPROVAL OF MINUTES A. Approve minutes of the Regular Commission Meeting on April 23, 2018. 5-11 Item 1A- Draft Minutes Commission Meeting April 23, 2018 B. Approve minutes of the Priority Goal Setting Meeting on January 12, 2018. 13-19 Item 113- Draft Minutes Priority Goal Setting Meeting January 12, 2018 2. COURTESY OF FLOOR TO VISITORS A. Langton Grant Writing Update. 21 Item 2A- Grant Writing Report B. Report from Representative Cord Byrd on Legislative Session. C. Presentation on the Transportation Improvement Program (TIP) for Fiscal Years 23 2018/2019 through 2022/2023. Item 2C- Transportation Improvement Program (TIP). D. Presentation of Purple Heart City. 25 Item 2D- Purple Heart Citv. E. Proclamation in Recognition of Kids to Parks Day 2018. 27 Item 2E- Proclamation in RecoLinition of Kids to Parks Dav 2018 F. Proclamation in Recognition of National Public Works Week. 29 Item 217- Proclamation in Recognition of National Public Works Week. G. Atlantic Beach Experimental Theatre (ABET) Proclamation. 31 Item 2G- ABET Proclamation PUBLIC COMMENT 3. CITY MANAGER REPORTS A. City Manager's Report B. Accept the 90 -Day Calendar (May - July 2018) 33-36 Item 313- 90 -Day Calendar Page 1 of 147 Regular City Commission - 14 May 2018 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA None. 7. COMMITTEE REPORTS A. Cultural Arts and Recreation Advisory Committee 37-43 Item 7A- Resolution No. 02-13 Item 7A- Resolution No. 03-05 Item 7A- Resolution No. 10-08 8. ACTION ON RESOLUTIONS A. RESOLUTION N0. 18-17 45-64 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH INSITUFORM TECHONOLOGIES, LLC PIGGYBACKING ON JEA CONTRACT NO. 152566 DATED 2016 AND APPROVING A PURCHASE ORDER FOR $222,616.68 ON BEHALF OF THE CITY OF ATLANTIC BEACH. Item 8A- Resolution No. 18-17 B. RESOLUTION NO. 18-18 65-75 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO PURCHASE TWO WESTECH CAGE DRIVES FOR 70 -FOOT SECONDARY CLARIFIERS. Item 8B- Resolution No. 18-18 C. RESOLUTION NO. 18-19 77-87 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE PURCHASE OF REAL PROPERTY AT 0 LINKSIDE DRIVE, ATLANTIC BEACH, FLORIDA FOR THE PURPOSE OF, BUT NOT LIMITED TO, ASSISTING WITH STORMWATER MANAGEMENT AND POTENTIAL EXPANSION OF THE CITY PUBLIC WORKS YARD; APPROPRIATING AN AMOUNT NOT TO EXCEEED $62,500 PLUS CLOSING COSTS FROM THE STORMWATER UTILITY ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT AND SUCH PURCHASE ORDER(S) IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Item 8C- Resolution 18-19 9. ACTION ON ORDINANCES Page 2 of 147 Regular City Commission - 14 May 2018 A. Ordinance No. 90-18-234, Public Hearing and First Reading 89-97 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111, COMMERCIAL GENERAL (CG); ADOPTING NEW SECTION 24- 169, PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51, NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Item 9A- Ordinance No. 90-18-234 10. MISCELLANEOUS BUSINESS A. WAIV18-0004 Public Hearing Request for Waiver as permitted by Section 24- 99-111 46(d) to waive the prohibition of tattoo artists within the Commercial General zoning district as required by Section 24-111(b) at 1021 Atlantic Boulevard, Unit 983. Item 10A- WAIV18-0004 Request for Waiver B. PLAT18-0001 Public Hearing Request for plat approval as required by Chapter 113-147 24, Article 4 of the Code of Ordinances within the Residential General, Multi- family zoning district at RE# 172137-0000, 172140-0000 and 172136-0000 (previously known as 110, 120 and 0 Jackson Road). Item 106- PLAT18-0001 Request for Plat Approval. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT Please Note: This meeting will be live -streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City's website at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter Page 3 of 147 Regular City Commission - 14 May 2018 is stated on the agenda. in accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office by 5:00 PM, the Friday prior to the meeting. Page 4 of 147 Agenda Item #1.A. 14 May 2018 Page 5 of 147 MINUTES CITY OF ATLANTIC BEACH COMMISSION PRIORITY GOAL SETTING MEETING JANUARY 12, 2018 — 9:00 A.M. ADELE GRAGE CULTURAL CENTER IN ATTENDANCE: Mayor Ellen Glasser City Attorney Brenna Durden Commissioner Candace Kelly City Manager Joe Gerrity Commissioner Brittany Norris City Clerk Donna Bartle Commissioner John Stinson Deputy City Manager Kevin Hogencamp Commissioner M. Blythe Waters (arrived 9:05 A.M.) Facilitator Linda Lanier Call to Order Mayor Glasser called the meeting to order at 9:03 A.M. Introductions were made by everyone around the table. Welcome and overview City Manager (CM) Joe Gerrity welcomed everyone and stated this meeting is being broadcast on Facebook Live. Commissioner Waters arrived at 9:05 A.M. CM Gerrity reported his observations of the City's assets and stated his goals, as follows: Assets • Beautiful park system • Beautiful beaches • Involved citizen group • Outstanding General Fund Reserves Goals • Work on tying parks together • Make the City of Atlantic Beach a place where people want to work, have a career • Recognize our great employee workforce • Improve/increase employee retention, be competitive with private sector r • Complete a salary survey • Improve customer service training a CM Gerrity turned the meeting over to Facilitator Linda Lanier. Ms. Lanier welcomed everyone f and thanked the Commission for completing and submitting their goal setting assignments ahead of time. s I f. s f! f Page 5 of 147 Agenda Item #1.A. 14 May 2018 Page 6 of 147 January 12, 2018 Priority Goal Setting Meeting Ms. Lanier explained the format for this exercise will be clarifying what the goals are and then establishing a priority for the order to achieve them. The materials submitted will be reviewed and then there will be a voting process. Ms. Lanier spoke briefly about the article `Strategic Leadership and Decision Making for Elected Local Officials' (copy attached to agenda) wherein it states `Citizens take service excellence for granted...' and Ms. Lanier noted this is the minimum level that is expected of local governments by citizens. The time the Commission actually spends working together on City issues is limited to public meetings and/or workshops — approximately 20 hours monthly. Ms. Lanier stated this time needs to be spent focusing on what is important, which is goal setting. SMART Framework for goal setting • Specific • Measureable • Achievable/actionable • Results focused • Time based Next discussed were examples of and how to determine what is Urgent and/or Important. Ms. Lanier defined Priority as a topic that will receive particular, unusual and significant attention. For this exercise this will be for the time during 2018 and 2019. Infrastructure The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. • Re-evaluate 5 -way stop and traffic, installing roundabouts • Stormwater Master Plan, hiring a lobbyist for legislative action • Septic tank conversions • Public Utilities (water/sewer), initiate rate study, infrastructure and equipment upgrades • Master Plan for sidewalks, beach access • Infrastructure • Maintain conservation easement at Tideviews • Public Parking, parking garage partnership with One Ocean Following discussion the participants voted by using two green dots to designate their choices for priority on the above topics. City Services and Operations Ms. Lanier explained this discussion will start with City Services, beginning with Public Safety. The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. • Public Safety/Police Department — set goals, improve recruiting and retention stats, achieve accreditation, community policing, provide resources and funding for training 2 Page 6 of 147 Agenda Item #1.A. 14 May 2018 Page 7 of 147 January 12, 2018 Priority Goal Setting Meeting staff and volunteers, utilize NIMS (National Incident Management System) for emergency training • Infrastructure/fiscal resources supporting severe weather events, grow and maintain General Fund Reserves for emergency use, emergency management exercises for hurricane preparedness, terrorism and/or hazmat threat preparedness (NIMS) • Updated website ready March 2018, user-friendly, ADA accessible, mobile app, utilize experienced citizens/volunteers • Human Resources (HR) Etbics/EEO training for Commissioners, Boards, Committees and Employees, benefits/compensation/pension • Legal Counsel/fees, necessary expense to keep City out of court, provide monthly status reports • City-wide survey of citizens • Grant opportunities, working with Langton & Associates, provide monthly/quarterly status report • Commission Chamber — needs technology update Following discussion, the participants voted by using three green dots to designate their choices for priority on the above topics. Codes, Land Use and Permitting Ms. Lanier explained this discussion will start with the building permit process. The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. • Overhaul building permit process, improve department organization, shorten wait time, utilize tracking software • Continue implementing Tree Code • Update Land Use Codes, define pervious and impervious ratio • Balance redevelopment and quality of life, neighborhood approach, property values • Code enforcement action for builders/developers in violation, publish violations/fines • Designation of Historic District and/or locations • Agenda management software • Town Center overlay district Following discussion the participants voted by using one green dot to designate their choices for priority on the above topics. Marsh[Maynort Road The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. • Create plan for road diet to reduce speed limit • Create a `Main Street USA' feel • Establish a committee/task force to research ways to improve appearance, signage, landscaping, storage • Improve accessibility of road design for pedestrian crossing, wayfmding • Speed bumps on Main St. to slow cut -through traffic from Mayport Rd. 3 Page 7 of 147 Agenda Item #1.A. 14 May 2018 Page 8 of 147 January 12, 2018 Priority Goal Setting Meeting • Bicycle route/bike-ability, create East Coast Greenway node, create Sunrise -Sunset Trail (East-West) connector, continue existing Plaza Rd. bike path to the Marsh, research grants/outside funding/support opportunities • Attract neighborhood grocery store • Study Mayport Rd. for road noise and pollution near the Mayport Flyover • Pros/cons of a Community Redevelopment Agency, research alternate programs to achieve similar benefits Following discussion the participants voted by using two green dots to designate their choices for priority on the above topics. Quality of Life The group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. Teen Council • Has been unfunded, inactive • Part of Cultural Arts and Recreation Advisory Committee (CARAC) mission to have a Teen Council • Ask the kids what they need Citizens • Ask/survey citizens how they define quality of life Parks • Bike park, Splash park, Boardwalk • Parks Master Plan, review land use, prioritize acquisitions • Maintenance and standards Culture and Identity • Atlantic Theatre • Turtle Drop/Ball Drop for New Years Eve celebration Following discussion the participants voted by using two green dots to designate their choices for priority on the above topics. Lunch Break 11:30 a.m.; reconvened at 11:50 a.m. Environment The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. Evaluate dune restoration practices • State/Federal programs • Emergency restoration sand fences + Turtle nesting issues • Walkovers 4 Page 8 of 147 Agenda Item #1.A. 14 May 2018 Page 9 of 147 January 12, 2018 Priority Goal Setting Meeting Preservation Properties/passive parks • Selva Preserve • Johnston Island • Beach — dunes, trash clean-up • Wetlands, marshes Trees • Budget line item for tree planting • Right-of-way planting • Maintenance • Acquire mitigation property Environmental Regulations • No plastic bags, food containers • Recycling education • Enforcement • Tour recycling facility • Earth Day and Arbor Day celebration Following discussion the participants voted by using two green dots to designate their choices for priority on the above topics. Brandin The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. • Beautification • Signage - use state park format • Environmental Stewardship Committee (ESC) • Cultural Arts and Recreation Advisory Committee (CARAC) • Military community • Neighborhood branding • Preservation efforts — historic district, environmental assets, architectural, neighborhood • Arts, recreations, parks Following discussion the participants voted by using one green dot to designate their choices for priority on the above topics. Commission Effeetiveness The Facilitator, Linda Lanier, explained the importance of self evaluation and how it can help to be more effective. The following items were presented for discussion. • Video all public meetings — technology available only in Commission Chamber, costs involved per broadcast and/or live streaming, research how to provide for all meetings and locations • Legislative Agenda — Commission, City Attorney, City Manager and Staff monitor, also need to monitor City of Jacksonville/Duval County budget process and how it effects Atlantic Beach 5 Page 9 of 147 Agenda Item #1.A. 14 May 2018 Page 10 of 147 January 12, 2018 Priority Goal Setting Meeting • Changing Mayor term referendum and addition of at -large representation • Focus on consensus building and common ground, improve effectiveness, leadership as a singular governing body • Monthly budget detail variance reporting — when approving expenditures provide fund source and balance • Budget model providing for `what if scenario evaluations, budget line item prioritizing • Fiscal resources for sustainability of City services and quality of life, review and maintain City's Reserve Fund, allocating use of excess Reserves, consider long-term borrowing options Following discussion, the participants voted by using two green dots to designate their choices for priority on the above topics. Final Ms. Lanier reviewed there are approximately 70 different elements to choose from to determine the final priority vote. The first part of the final task will be for each Commissioner to vote for five (5) items from the total list to determine their final choices for priority goals. Each will receive 5 pink dots for 5 votes. Discussion ensued and then a second round of voting took place, generating a collective, agreed upon priority goals for 2018 — 2019 as follows: • Update Codes • Parks Master Plan, including Preservation and Sunrise -Sunset 'Frail • Stormwater Master Plan • Mayport Road • Pursue USGBC Community LEEDS • Review Reserve Fund • Branding • Evaluate dune restoration • Video all public meetings Mayor Glasser thanked Ms. Lanier and everyone in the audience. She acknowledged Former Mayor Suzanne Shaughnessy in the audience. The floor was opened for Public Continent: Suzanne Shaughnessy spoke about roundabouts and roadway designs, and roundabouts not exceeding more than four entrances for effectiveness. Marl, Tomasl,i spoke in support of having workshops, open government, and videotaping all meetings for public viewing on the website. Debra Tomaski spoke about open government, and videotaping all meetings for public viewing on the website. There were no other speakers and Public Comment was closed. Closing comments from the Commission: 6 Page 10 of 147 Agenda Item #1.A. 14 May 2018 Page 11 of 147 January 12, 2018 Priority Goal Setting Meeting Commission Kelly • Spoke about the Commission championing these issues. Commissioner Norris • Thanked Ms. Lanier for facilitating this meeting. Commissioner Waters • Spoke about displaying the priority list for public view. Commissioner Stinson • Thanked Ms. Lanier for facilitating and thanked everyone for attending. City Manager Gerrity • Thanked everyone for attending and making this a productive and realistic meeting. Facilitator Lanier • Thanked the Commission for their participation and appreciated how well everyone worked together. Adjournment There being no further discussion, Mayor Glasser declared the meeting adjourned at 1:36 PM. ATTEST: Ellen Glasser Mayor/Presiding Officer Donna L. Bantle, CMC City Clerk DLB/njp 7 Page 11 of 147 Agenda Item #1.13. 14 May 2018 Page 13 of 147 MINUTES CITY OF ATLANTIC BEACH COMMISSION PRIORITY GOAL SETTING MEETING JANUARY 12, 2018 — 9:00 A.M. ADELE GRAGE CULTURAL CENTER IN AT"I`ENDANCE: Mayor Ellen Glasser City Attorney Brenna Durden Commissioner Candace Kelly City Manager Joe Gerrity Commissioner Brittany Norris City Clerk Donna Bartle Commissioner John Stinson Deputy City Manager Kevin Hogencamp Commissioner M. Blythe Waters (arrived 9:05 A.M.) Facilitator Linda Lanier Call to Order Mayor Glasser called the meeting to order at 9:03 A.M. Introductions were made by everyone around the table. Welcome and oveiview City Manager (CM) Joe Gerrity welcomed everyone and stated this meeting is being broadcast on Facebook Live. Commissioner Waters arrived at 9:05 A.M. CM Gerrity reported his observations of the City's assets and stated his goals, as follows: Assets • Beautiful park system • Beautiful beaches G • Involved citizen group • Outstanding General Fund Reserves F Goals • Work on tying parks together • Make the City of Atlantic Beach a place where people want to work, have a career • Recognize our great employee workforce • Improve/increase employee retention, be competitive with private sector • Complete a salary survey • Improve customer service training s CM Gerrity turned the meeting over to Facilitator Linda Lanier. Ms. Lanier welcomed everyone I and thanked the Commission for completing and submitting their goal setting assigmnents ahead of time. 1 F. Page 13 of 147 Agenda Item #1.8. 14 May 2018 Page 14 of 147 January 12, 2018 Priority Goal Setting Meeting Ms. Lanier explained the format for this exercise will be clarifying what the goals are and then establishing a priority for the order to achieve them. The materials submitted will be reviewed and then there will be a voting process. Ms. Lanier spoke briefly about the article `Strategic Leadership and Decision Making for Elected Local Officials' (copy attached to agenda) wherein it states `Citizens take service excellence for granted...' and Ms. Lanier noted this is the minimum level that is expected of local governments by citizens. The time the Commission actually spends working together on City issues is limited to public meetings and/or workshops — approximately 20 hours monthly. Ms. Lanier stated this time needs to be spent focusing on what is important, which is goal setting. SMART Framework for goal setting • Specific • Measureable • Achievable/actionable • Results focused • Time based Next discussed were examples of and how to determine what is Urgent and/or Important. Ms. Lanier defined Priority as a topic that will receive particular, unusual and significant attention. For this exercise this will be for the time during 2018 and 2019. Infrastructure The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. • Re-evaluate 5 -way stop and traffic, installing roundabouts • Stormwater Master Plan, hiring a lobbyist for legislative action • Septic tank conversions • Public Utilities (water/sewer), initiate rate study, infrastructure and equipment upgrades • Master Plan for sidewalks, beach access • Infrastructure • Maintain conservation easement at Tideviews • Public Parking, parking garage partnership with One Ocean Following discussion the participants voted by using two green dots to designate their choices for priority on the above topics. City Services and Operations Ms. Lanier explained this discussion will start with City Services, beginning with Public Safety. The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. • Public Safety/Police Department — set goals, improve recruiting and retention stats, achieve accreditation, community policing, provide resources and funding for training 2 Page 14 of 147 Agenda Item #1.13. 14 May 2018 Page 15 of 147 January 12, 2018 Priority Goal Setting Meeting staff and volunteers, utilize NIMS (National Incident Management System) for emergency training • Infi•astructure/fiscal resources supporting severe weather events, grow and maintain General Fund Reserves for emergency use, emergency management exercises for hurricane preparedness, terrorism and/or hazmat threat preparedness (NIMS) • Updated website ready March 2018, user-friendly, ADA accessible, mobile app, utilize experienced citizens/volunteers • Human Resources (HR) Etbics/EEO training for Commissioners, Boards, Committees and Employees, benefits/compensation/pension • Legal Counsel/fees, necessary expense to keep City out of court, provide monthly status reports • City-wide survey of citizens • Grant opportunities, working with Langton & Associates, provide monthly/quarterly status report • Commission Chamber — needs technology update Following discussion, the participants voted by using three green dots to designate their choices for priority on the above topics. Codes, Land Use and Permitting Ms. Lanier explained this discussion will start with the building permit process. The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. • Overhaul building permit process, improve department organization, shorten wait time, utilize tracking software • Continue implementing Tree Code • Update Land Use Codes, define pervious and impervious ratio • Balance redevelopment and quality of life, neighborhood approach, property values • Code enforcement action for builders/developers in violation, publish violations/fines • Designation of Historic District and/or locations • Agenda management software • Town Center overlay district Following discussion the participants voted by using one green dot to designate their choices for priority on the above topics. Marsh/Mayport Road The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. • Create plan for road diet to reduce speed limit • Create a `Main Street USA' feel • Establish a committee/task force to research ways to improve appearance, signage, landscaping, storage • Improve accessibility of road design for pedestrian crossing, wayfinding • Speed Vamps on Main St. to slow cut-tbrough traffic from Mayport Rd. 3 Page 15 of 147 Agenda Item #1.13. 14 May 2018 Page 16 of 147 January 12, 2018 Priority Goal Setting Meeting • Bicycle route/bilce-ability, create East Coast Greenway node, create Sunrise -Sunset Trail (East-West) connector, continue existing Plaza Rd. bike path to the Marsh, research grants/outside fimding/support opportunities • Attract neighborhood grocery store • Study Mayport Rd. for road noise and pollution near the Mayport Flyover • Pros/cons of a Community Redevelopment Agency, research alternate programs to achieve similar benefits Following discussion the participants voted by using two green dots to designate their choices for priority on the above topics. Quality of Life The group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. Teen Council • Has been unfunded, inactive • Part of Cultural Arts and Recreation Advisory Committee (CARAC) mission to have a Teen Council • Ask the kids what they need Citizens • Ask/survey citizens how they define quality of life Parks • Bike park, Splash park, Boardwalk • Parks Master Plan, review land use, prioritize acquisitions • Maintenance and standards Culture and Identity • Atlantic Theatre • Turtle Drop/Ball Drop for New Years Eve celebration Following discussion the participants voted by using two green dots to designate their choices for priority on the above topics. Lunch Break 11:30 a.m.; reconvened at 11:50 a.m. Environment The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted. Evaluate dune restoration practices • State/Federal programs • Emergency restoration sand fences • Turtle nesting issues • Walkovers 4 Page 16 of 147 Agenda Item #1.13. 14 May 2018 Page 17 of 147 January 12, 2018 Priority Goal Setting Meeting Preservation Properties/passive parks • Selva Preserve • Johnston Island • Beach —dunes, trash clean-up • Wetlands, marshes Trees • Budget line item for tree planting • Right-of-way planting • Maintenance • Acquire mitigation property Environmental Regulations • No plastic bags, food containers • Recycling education • Enforcement • Tour recycling facility • Earth Day and Arbor Day celebration Following discussion the participants voted by using two green dots to designate their choices for priority on the above topics. Brandin The Group discussed and provided details about the following subjects, staff answered questions, and then the Commission voted, • Beautification • Signage - use state park format • Environmental Stewardship Committee (ESC) • Cultural Ails and Recreation Advisory Committee (CARAC) • Military community • Neighborhood branding • Preservation efforts —historic district, environmental assets, architectural, neighborhood • Arts, recreations, parks Following discussion the participants voted by using one green dot to designate their choices for priority on the above topics. Commission Effectiveness The Facilitator, Linda Lanier, explained the importance of self evaluation and how it can help to be more effective. The following items were presented for discussion. • Video all public meetings — technology available only in Commission Chamber, costs involved per broadcast and/or live streaming, research how to provide for all meetings and locations • Legislative Agenda — Commission, City Attorney, City Manager and Staff monitor, also need to monitor City of Jacksonville/Duval County budget process and how it effects Atlantic Beach 5 Page 17 of 147 Agenda Item #1.13. 14 May 2018 Page 18 of 147 Januaiy 12, 2018 Priority Goal Setting Meeting • Changing Mayor term referendum and addition of at -large representation • Focus on consensus building and common ground, improve effectiveness, leadership as a singular governing body • Monthly budget detail variance reporting — when approving expenditures provide Rind source and balance • Budget model providing for `what if scenario evaluations, budget line item prioritizing • Fiscal resources for sustainability of City services and quality of life, review and maintain City's Reserve Fund, allocating use of excess Reserves, consider long-term borrowing options Following discussion, the participants voted by using two green dots to designate their choices for priority on the above topics. Final Ms. Lanier reviewed there are approximately 70 different elements to choose from to determine the final priority vote. The first part of the final task will be for each Commissioner to vote for five (5) items fi•om the total list to determine their final choices for priority goals. Each will receive 5 pink dots for 5 votes. Discussion ensued and then a second round of voting took place, generating a collective, agreed upon priority goals for 2018 — 2019 as follows: • Update Codes • Parks Master Plan, including Preservation and Sunrise -Sunset Trail • Stormwater Master Plan • Mayport Road • Pursue USGBC Community LEEDS • Review Reserve Fund • Branding • Evaluate dune restoration • Video all public meetings Mayor Glasser thanked Ms. Lanier and everyone in the audience. She acknowledged Former Mayor Suzanne Shaughnessy in the audience. The floor was opened for Public Comment: Suzanne Shaughnessy spoke about roundabouts and roadway designs, and roundabouts not exceeding more than four entrances for effectiveness. Marls Tomasld spoke in support of having workshops, open government, and videotaping all meetings for public viewing on the website. Debra Tomasld spoke about open government, and videotaping all meetings for public viewing on the website. There were no other speakers and Public Comment was closed. Closing comments from the Commission: 6 Page 18 of 147 Agenda Item #1.8. 14 May 2018 Page 19 of 147 January 12, 2018 Priority Goal Setting Meeting Commission Kelly • Spoke about the Commission championing these issues. Commissioner Norris • Thanked Ms. Lanier for facilitating this meeting. Commissioner Waters • Spoke about displaying the priority list for public view. Commissioner Stinson • Thanked Ms. Lanier for facilitating and thanked everyone for attending. City Manager Gerrity • Thanked everyone for attending and making this a productive and realistic meeting. Facilitator Lanier • Thanked the Commission for their participation and appreciated how well everyone worked together. Adjournment There being no further discussion, Mayor Glasser declared the meeting adjourned at 1:36 PM. ATTEST: Ellen Glasser Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk DLB/njp 7 Page 19 of 147 Agenda Item #2.A. 14 May 2018 Page 21 of 147 CONSULTING . City of Atlantic Beach Grant Writing Report Month: April 2018 Grant Opportunity Research + City Parks Alliance- Outdoor Recreation Legacy Program Grants Technical Assistance Y Provided guidance and development on grant administration documents for CPI grant award • Attended St. Johns River Water Management District meeting regarding project funding approval Communication with Staff . Working with public works to prepare and submit the CDBG application • Meeting with Police chief to discuss public safety grant needs Meeting with Kevin Hogencamp regarding grant research and development of trainings for staff e Discussion with Recreation Department regarding status of DCA grant for Adele Grage C Ongoing communication with Kevin Hogencamp and Joe Gerrity regarding grant projects Grants in Progress • CDBG- Public Infrastructure and Facilities Program • Hazard Mitigation Grant Program (HMGP) Grants submitted • CDBG application for Septic to Sewer Project for $81,436 Grants Awarded • SJRWMD Cost -share program for septic to sewer conversion for $132,323 grant with $293,657 match ($81,436 from CDBG) Coastal Partnership Initiative -10"I street dune walkover for $30,000 grant with $70,000 match 4830 Atlantic Boulevard, Jacksonville, Florida 32207 1 Phone: (904) 598.1368 1 w%vw.langtonconsulting.com Page 21 of 147 Northfiodda r�.xrr.�un.o rineer.� a�..ir.n.a fl}MSI\Il,a YC�'1111 March 19, 2018 The Honorable Ellen Glasser, Mayor City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Dear Mayor Glasser: The North Florida TPO is developing the Transportation Improvement Program (TIP) for Fiscal Years 201812019 through 202212023. The TIP identifies all publicly funded highway, transit and aviation projects within the North Florida TPO area which includes Clay, Duval, Nassau and St. Johns Counties To increase public involvement in developing the TIP and to inform the Atlantic Beach City Commission as to the projects planned and programmed for the area, Denise Bunnewith would like to make a brief presentation at your May 14 meeting. The presentation should take no more than 10 minutes and she will gladly answer any questions. We look forward to meeting with you. Sincerely, Wanda Forrest Transportation Planning Manager PLAN • FUND - MOBILIZE 080 Not lh Jelferson Slreel Jacksonville, Ft 32200 • 1`(904) 308.7500 H904) 306.7501 0 wviw,norlh110ri0alpo.c0m Agenda Item #2.C. 14 May 2018 Page 23 of 147 WHEREAS, the City of Atlantic Beach has great admiration and the utmost gratitude for all the men and women who have selflessly served their country in the Armed Forces; and WHEREAS, the City of Atlantic Beach has a large, highly decorated Active Duty and Veteran population including many Purple Heart recipients; and WHEREAS, the Purple Heart is the oldest military decoration in present use and was initially created as the Badge of Military Merit by General George Washington in 1782; and WHEREAS, the Purple Heart was the first American service award or decoration made available to the common soldier and is specifically awarded to members of the United States Armed Forces who have been wounded or paid the ultimate sacrifice in combat.with a declared enemy of the United States of America; and WHEREAS, the mission of the Military Order of the Purple Heart, chartered by an act of Congress, is.to foster an environment of goodwill among the combat - wounded veteran members and their families, promote patriotism, support legislative initiatives, and most importantly, mare sure we "never forget"; and WHEREAS, the City of Atlantic Beach appreciates the sacrifices our Pulple Heart recipients have made defending our freedoms and believe it is i1portant that we acknowledge them for their immense courage and unselfish service to their Nation. NOW, THEREFORE, be it resolved that I, Ellen Glasser, Mayor of the City of Atlantic Beach, Florida do hereby proclaim the City of Atlantic Beach as A PURPLE HEART CITY and encourage the citizens and residents of Atlantic Beach to show their appreciation for the sacrifices Purple Heart recipients have made in defending our freedoms, to recognize their valor, and to show them the honor and support they have earned, IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 141h day of May 2018, Ellen Glasser, MAYOR Agenda Item #2.D. 14 May 2018 Page 25 of 147 4prodamation the Cftp of Z(flanfir �Bearb in Recognition of Kids to Parks Day 2018 WHEREAS, May 19, 2018 is the eighth Kids to Parks Day organized and launched by the National Park Trust, held annually on the third Saturday of May; and WHEREAS, Kids to Parks Day empowers kids and encourages families to get outdoors and visit America's parks; and WHEREAS, it is important to introduce a new generation to our nation's parks; and WHEREAS, we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and WHEREAS, Kids to Parks Day is open to all children and adults across the country to encourage a large and diverse group of participants; and WHEREAS, Kids to Parks Day will broaden children's appreciation for nature and outdoors; and NOW THEREFORE, I, Ellen Glasser, Mayor of the City of Atlantic Beach, Florida, do hereby proclaim Saturday, May 19, 2018, as KIDS TO PARKS DAY and encourage all Atlantic Beach residents to make time to take the children in their lives to a neighborhood, state or national park. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 140' day of May, 2018. Ellen Glasser, Mayor Agenda Item #2.E. 14 May 2018 Page 27 of 147 Agenda Item #2.F. 14 May 2018 Page 29 of 147 �o�i�crr��cti�r� City of Atlantic Beach, Florida WHEREAS, public works and public utilities services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, parks and canal maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel, who staff public works and public utilities departments, is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme "The Power of Public Works" speaks to the essential nature of public works services in support of everyday quality of life. NOW, THEREFORE, I, Ellen Glasser, by virtue of the authority vested in me as Mayor of the City of Atlantic Beach, Florida, do hereby proclaim the week of May 20' through May 26111, 2018 as NATIONAL PUBLIC WORKS WEEK in the City of Atlantic Beach, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works; and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 101 day of May, 2018. Ellen Glasser, MAYOR I Page 29 of 147 Agenda Item #2.G. 14 May 2018 ihortamation of the Citp of frantic 38earb in Reeognition of Atlantic Beach Experimental Theatre WHEREAS, Atlantic Beach Experimental Theatre (ABET) is a nonprofit community organization that provides an open avenue for individual creative expression through high-quality amateur theatrical productions; and WHEREAS, the curtain call for ABET's final production of Red, ff hite and Tama on May 20, 2018, at Adele Grage Cultural Center will signify the end of a marvelous era in our community; and WHEREAS, for more than a quarter century, the theatre troupe has used the Adele Grage stage to delight diverse audiences from throughout Northeast Florida, a labor of love that has provided both cultural enlightenment and sheer entertainment; and WHEREAS, those labors of love are beautifully chronicled in a 120 -page book, ABET — The First 25 Years, produced by the Shepherd Agency; and WHEREAS, although ABET is poised to change the location of its productions, it assuredly will retain all that has made the nonprofit organization special; and WHEREAS, the City of Atlantic Beach wishes to express its enormous gratitude to ABET Director Emeritus and Co -Founder Carson Merry Baillie, Managing Artistic Director Celia Frank, and the cast members, directors, playwrights and volunteers who have donated their time, energy and heart to ensure that that the show goes on, WHEREAS, the City of Atlantic Beach wishes ABET continued success in its culturally enriching endeavors moving forward. NOW THEREFORE, I, Ellen Glasser, Mayor of the City of Atlantic Beach, Florida, on behalf of the residents of the Atlantic Beach community, do hereby thank and congratulate A TLANTIC BEA CH EXPERIMENTAL THEATRE for culturally enriching the Atlantic Beach community and wish the organization continued success moving forward. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 14th day of May 2018. Ellen Glasser, Mayor Page 31 of 147 Agenda Item #3.13. 14 May 2018 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 90 -Day Calendar for the Mayor and Commission SUBMITTED BY: Yvonne Calverley, F,xecutive Assistant to the City Manager�� DATE: April 27, 2018 STRATEGIC PLAN LINK: None BACKGROUND: The 90 -day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90 -day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special notes: • The Northeast Florida League of Cities dinner will be held on Thursday, May 17 at the Atlantic Beach Country Club. The beach cities will sponsor the dinner with Atlantic Beach as host. • City Hall offices will be closed on Monday, May 28 for the Memorial Day Holiday. The regularly scheduled Commission Meeting will be held on Tuesday, May 29 at 6:30 pm. BUDGET: None RECOMMENDATION: Approve the 90 -Day Calendar for May through July 2018 ATTACHMENT: 1) Mayor and Commission 90 -Day Calendar (May through July 2018) CITY MANAGER: Page 33 of 147 Agenda Item #3.B. 14 May 2018 Page 34 of 147 L f7 �•• Q y N L'CL L o V) N v o w W.vcE cm c_ a� E cL x b o. o %° � H °' cam i. a 6 � I+, Z O a o >v v •o Q ��ou LL c.v a W v o c n V Z Mo o r c 00 0 c •- 03 .� u � i c W yp G �' C �" G CL o a ¢ a 0 CL E o y o rn L) `t u � `o v `' zw G U 00 o cw En O o rn \00 U U o ri Page 34 of 147 Agenda Item #3.B. 14 May 2018 Page 35 of 147 O � c�i•o Ego U Q V a a o a o •� rN o o Page 35 of 147 Agenda Item #3.B. 14 May 2018 Page 36 of 147 z � Qr4 0cli v — E10 3 H Q��l Z u°O Q rn o r 4.8 E a. ua, O " vi f6 O c» •n •> � h O U H Cv, < a Q < n 00 O Om ��U Q. v U v rn o � rl N a r� tY.0 0 rC�q p• Ems„ O p, � •j E O r-. f l Q� U �o r1 f I U o M — a0 M) .— N N O� N Page 36 of 147 Q. U rn o � N U r� tY.0 rC�q p• Ems„ O r-. f l Q� U �o r1 f I U o M — a0 M) .— N N O� N Page 36 of 147 f Agenda Item O.A. 14 May 2018 RESOLUTION NO. 02-13 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA RESCINDING ALL PREVIOUS LEGISLATION REGARDING THE RECREATION ADVISORY BOARD AND THE CULTURAL ARTS BOARD; CREATING A NEW CULTURAL ARTS AND RECREATION ADVISORY COMMITTEE, PROVIDING FOR PURPOSE, MEMBERSHIP, AND RESPONSIBILITIES OF SAID COMMITTEE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 22, 1990, the City Commission adopted Resolution 90-2 creating the Recreation Advisory Board, which resolution was subsequently amended by Resolution 91-35 (reduced the number of members), and by Resolution 94-5 (increased the number of members), and WHEREAS, on March 14, 1994, the City Commission adopted Resolution 94-10 creating the Arts and Entertainment Advisory Board, which resolution was subsequently amended by Resolution 94- 13 (increased the number of members), Resolution 95-15 (changed named to cultural Arts Board), Resolution 96-21 (reduced the number of members and changed length of terms of service), and Resolution 01-08 (changed length of terms of service and limited time any person could service as chairman), and WHEREAS, the interests of the Advisory Board and committee to be Committee. City Commission deems it to be in the best citizens of Atlantic Beach if the Recreation the Cultural Arts Board are combined into one known as the Cultural Arts and Recreation NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. All previous legislation providing for the creation and conduct of the Recreation Advisory Board and the Cultural Arts Board is hereby rescinded. SECTION 2. Creation: There is hereby created and established THE CULTURAL ARTS AND RECREATION ADVISORY COMMITTEE. SECTION 3. Purpose: The purpose of the Cultural Arts and Recreation Advisory Committee is to propose, plan, promote and review artistic, recreational and cultural programs, exhibits and projects for the citizens of Atlantic Beach. The Committee is advisory and exists for the purpose of making recommendations to the City Commission regarding the most efficient and effective ways to spend limited tax dollars for the maximum benefit of the community. The Committee shall propose a diverse variety of programs to benefit citizens in all areas of Atlantic Beach and may Page 37 of 147 Agenda Item #7.A. 14 May 2018 participate in a variety of ways to make the events happen after approval by the City Commission and coordination with City Staff. SECTION 4. Membership: There will be a total of nine (9) members appointed by the Mayor and Commission. Members must be residents of Atlantic Beach. The terms of membership will be for two years with a maximum of two consecutive terms. The initial appointments will be for staggered terms so that five members will serve full two year terms and the remaining four members will serve one-year terms. Members will be automatically removed from the Committee if they miss three consecutive meetings unless their absence is excused by the Chairman. A member can choose to resign from the Committee at any time by giving written notice to the City Clerk. One member of the Committee shall either be a member of the Atlantic Beach Teen Council or an adult advisor to same. SECTION 5. Duties and Responsibilities (a) Develop plans, promote and support programs and projects to bring the benefits of art and recreation to the citizens of Atlantic Beach (b) Create and utilize a committee structure to make effective use of the scarce and valuable time of Committee members. (c) Recommend an ongoing calendar of special events for the City of Atlantic Beach. (d) Submit a recommended annual budget for support of arts and recreation through events or projects for consideration of the City Commission. (e) Evaluate and advise the City on the effectiveness of programs and projects that are ongoing or completed to help plan for future events. (f) Evaluate and make recommendations to the City on special assignments or requests made by the City Commission or City Manager. (g) Help plan or evaluate plans for new recreation facilities if requested by the Mayor and Commission or City Manger. (h) Utilize guidelines adopted by the City Commission for evaluation of requests for City funds. (i) Evaluate requests for City funding for special events, art projects and recreation programs and make recommendations to the City Commission as to which are most appropriate for funding given budget constraints and the best value for City funds. 2 Page 38 of 147 Agenda Item O.A. 14 May 2018 (j) volunteer work from Committee members to plan and put on events is encouraged and should be coordinated with staff at all phases. (k) Reporting of activities will be made to the Commission on a monthly basis through written staff reports and presentations to the Commission at least twice yearly (one of these during the budget preparation process). (1) Review the activities and programs of the Atlantic Beach Teen Council and recommend to the City Commission which should be funded and/or otherwise supported. SECTION 6. Commission Liaison: The Mayor shall designate one City Commissioner to serve as liaison to the Cultural Arts and Recreation Advisory Committee. SECTION 7. City Staff Liaison (a) Staff will be assigned by the City Manger to provide technical and administrative support. Staff will assist in preparing budgets, minutes of meetings and other administrative and technical services as needed. (b) Staff will be responsible for the collection and expenditure of any City funds in accordance with purchasing guidelines. SECTION 8. Organization of Officers: The Committee shall have the authority to organize themselves and appoint a chairman, vice chairman, and any other officers they deem advisable. The Committee may draft rules to govern the conduct of their business, which shall be approved by the City Commission. SECTION 9. Liability to City: The City Commission shall consider recommendations for funding of events proposed by the Committee, but nothing in this Resolution or otherwise shall be construed as authorizing or empowering the Committee to impose any liability of any nature, financial or otherwise, upon the City, without City approval. SECTION 10. This resolution shall take effect immediately upon its final passage and adoption. 3 Page 39 of 147 PASSED by the City Commission this 5? '& of July, 2002. ATTEST: "'URE Approved as to form and correctness: C. EN, ESQUIRE City rney 4 Agenda Item V.A. 14 May 2018 Page 40 of 147 Agenda Item #7.A. 14 May 2018 RESOLUTION NO: 03-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE TERMS OF OFFICE FOR MEMBERS OF THE CULTURAL ARTS AND RECREATION ADVISORY COMMITTEE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 8, 2002 the City Commission adopted Resolution 02-13 creating a Cultural Arts and Recreation Advisory Committee which included a provision limiting the maximum number of consecutive terms that any appointee may serve, and WHEREAS, the City Commission has expressed a desire for appointments to city boards and committees to have uniform terms and term limits so that all members will be appointed for two-year terms and that there will be a maximum of four consecutive terms. NOW THEREFORE BE IT RESOLVED, by the City Commission, City of Atlantic Beach as follows; Section 1. That Section 4 of Resolution 02-13 be repealed and that a new section on membership be adopted as follows; There shall be a total of nine (9) members appointed by the Mayor and Commission. Members must be residents of Atlantic Beach. Following the expiration of the terms of office of current committee members the term of office shall be for two (2) years and members may serve a maximum of four (4) consecutive terms. Any committee member may be removed for cause by the city commission upon written charges and after public hearing. Any member who fails to attend (3) consecutive meetings without cause shall have his office declared vacant unless the member's absence is excused by a majority of the board members, and the city commission shall promptly fill such vacancy. A member may choose to resign from the committee at any time by giving written notice to the City Clerk. One member of the committee shall either be a member of the Atlantic Beach Teen Council or an adult advisor to same. Section 2. This Resolution shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED by City Commission on this a Ap oved as to form and correctness: ANO.J SEN,ESQUIRE City Ay ATTEST: MA EN KING, C City Clerk J3. Page 41 of 147 Agenda Item #7.A. 14 May 2018 RESOLUTION NO. 10-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE REQUIREMENTS FOR MEMBERS ON THE CULTURAL ARTS AND RECREATION ADVISORY COMMITTEE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 8, 2002 the City Commission adopted Resolution 02-13 creating a Cultural Arts and Recreation Advisory Committee and the membership provisions of that Committee were amended by Resolution 03-05, and WHEREAS, both the original Resolution and the amendment included a requirement that one of the members of the Committee shall either be a member of the Atlantic Beach Teen Council or an adult advisor to same, and WHEREAS, the Atlantic Beach Teen Council has disbanded and the Committee needs to have nine members to function effectively, NOW THEREFORE BE IT RESOLVED, by the City Commission, City of Atlantic Beach as follows; Section 1. That Section 1 of Resolution 03-05 be amended by striking the last sentence so that the revised Section shall read as follows; There shall be a total of nine (9) members appointed by the Mayor and Commission. Members must be residents of Atlantic Beach. Following the expiration of the terms of office of current committee members the term of office shall be for two (2) years and members may serve a maximum of four (4) consecutive terms. Any committee member may be removed for cause by the city commission upon written charges and after public hearing. Any member who fails to attend (3) consecutive meetings without cause shall have his office declared vacant unless the member's absence is excused by a majority of the board members, and the city commission shall promptly fill such vacancy. Section 2. This Resolution shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED by City Commission on this 28`h day of June 2010. 6,c� M O Mayor Ap rove s to form and correctness: J4NSIRN, ESQUIRE Ci A rney ATTEST: NANCY E. B ILEY Acting City Clerk Page 43 of 147 Agenda Item #8.A. 14 May 2018 RESOLUTION NO. 18-17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH INSITUFORM TECHONOLOGIES, LLC PIGGYBACKING ON JEA CONTRACT NO. 152566 DATED 2016 AND APPROVING A PURCHASE ORDER FOR $222,616.68 ON BEHALF OF THE CITY OF ATLANTIC BEACH. WHEREAS, The City's 2006 Sewer Master Plan Update recommended that the City use cured -in-place pipe technology to upgrade the old, cracked clay sewer mains; and WHEREAS, Funds for sewer system rehabilitation and improvements in were approved in the FY1718 budget by the City Commission; and WHEREAS, The sewer main rehabilitation project for FY 18 includes cured -in-place pipe (CIDP) lining of approximately 6,870 linear feet (LF) of gravity sewer main in the Oak Harbor Subdivision located off SR Al A; and WHEREAS, Using the JEA Contract No. 152566 unit prices for Insituform Technologies, LLC, the cost for cured -in-place pipe rehabilitation for the project is $222,616.68; and WHEREAS, $300,000 for the sewer rehabilitation project (Project #PU1810) is budgeted in the Sewer Fund under account number 410-5506-535-6300. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission hereby authorizes the City Manager to sign the contract with Insituform Technologies, LLC to install cured -in-place pipe for the FY18 Sewer Rehabilitation Project in the amount of $222,616.68, using specifications and pricing in JEA Contract No. 152566; SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 14"' day of May, 2018. Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney Page 45 of 147 Agenda Item #8.A. 14 May 2018 CITY OF .ATLANTIC BRACH CI'T'Y COMMISSION MEETING STAFF REPORT AGENDA ITEM: Sewer Rehabilitation for FY 2018 SUBMITTED BY: (Gayle W. Moore, PX. Public Utilities Director DATE: April 25, 2018 BACKGROUND: The City's 2006 Sewer Master Plan Update recommended that the City use cured -in-place pipe technology to upgrade the old, cracked clay sewer mains. For past sewer main rehabilitation projects, the City has piggybacked on existing JEA contracts. These are large dollar contracts that were competitively bid. JEA awarded a three-ye�u- contract to Insituform Technologies, LLC on February 26, 2016 for cured -in-place pipe. The sewer main rehabilitation project for FYI will include. • Cured -in-place pipe lining of approximately 6,870 linear feet (LF) of gravity sewer main in the Oak Harbor ,Subdivision located off SR Al A. Using the JEA contract unit prices for Insituform, the cost for cured -in-place pipe rehabilitation for the project is $222,616.68. Any point repairs found necessary would be completed with the City's annual Utility Contractor. Following completion of the sewer main lining performed by Insituform 'Technologies, the City will coordinate repairing and coating or lining of sewer manholes where necessary within the Oak Harbor Subdivision, BUDGET: A total of $300,000 for the sewer rehabilitation project (Project f1PU 1810) is budgeted in the Sewer Fond under account number 410-5506-535-6300. The budgeted amount is anticipated to cover both the CIDP lining rehab and the subsequent sewer manhole lining/rehab. RC COMMENDATION: Authorize Insituforni Technologies, LLC to install cured -in-place pipe (CIDP) for the FYI Sewer Rehabilitation Project in the amount of $222,616.68, using specifications and pricing in JEA Contract No. 152566. Authorize the City Manager to sign (lie contract with Insituform Technologies, LLC. ATTACHMENTS: 1. Cost Proposal for project using JEA's Insituform contract pricing. 2. Insituform Technologies, LLC. contract. 3. Project Map RCVIE, WED BY CITY MANAGER: Page 46 of 147 Legend \r ty cioano � wnglcl_box A lmvai grav_rnh GRAVOUTVALVE O buc mh a6 mh S LS_Privale LigSlallon MVrtwall -_ Road Center Une tm 4 aravoul - lal rntltell PipaUning --- �� sanpipa _l Pemel Polygons - -- Agenda Item M.A. 14 Mav 2018 .1� DR - 8" Clay Pipe to be CIPP lined Atlantic Beach, Florida Geographical hiforinat:ion System 0 150 300 uwsmdpip"LUeparlmeul CIpP 2018 - Oak Harbor I I 1 uuAnUtB h Ln Feet Adanat Bach, PL pap wmcwb.e5 Ph;9N.r47.5614 Page 47 of 147 Agenda Item #8.A. 14 May 2018 AGREEMENT UTILIZING JEA CONTRACT #152566 BETWEEN THE CITY OF ATLANTIC BEACH AND INSITUFORM TECHNOLOGIES, LLC FOR OAK HARBOR SUBDIVISION SEWER UPGRADE THIS AGREEMENT, made and entered into in duplicate this day of , 2018 (hereinafter referred to as the "Effective Date"), by and between the CITY OF ATLANTIC BEACH, a municipal corporation existing under the Constitution and the laws of the State of Florida, ( hereinafter referred to as the CITY) and INSITUFORM TECHNOLOGIES, LLC, a Delaware limited liability company authorized to do business in Florida with principal office at 17988 Edison Avenue, Chesterfield, MO 63005 (hereinafter referred to as the Contractor), for the Oak Harbor Subdivision Sewer Upgrade (hereinafter referred to as the Project). WITNESSETH: WHEREAS, effective February 26, 2016, JEA entered into Contract Number 152566 (hereinafter referred to as the "JEA Contract") with Contractor; and WHEREAS, said Contract is in full force and effect until February 25, 2019 and has been competitively procured and awarded by JEA as contracting authority according to Florida law; and WHEREAS, The Atlantic Beach Code, more particularly Section 2-336 (6), Code of Ordinances authorizes and allows the CITY to use inter alia contracts of other local governmental entities, including JEA, which have been competitively procured and awarded; and WHEREAS, the JEA Contract is broad enough to include the Project and Contractor has agreed to allow the CITY to use its JEA Contract; and WEE REAS, it is in the best interest of the parties to use the JEA Contract for the Project and to add those contractual provisions the CITY is required to use by ordinance Page 48 of 147 Agenda Item #8.A. 14 May 2018 or policy; now therefore IN CONSIDERATION of the premises and of the mutual covenants and agreements hereinafter contained, and for other good and valuable consideration the parties agree as follows: ARTICLE 1: Incorporation of Recitals: The above stated recitals are true and correct and, by this reference, are made a part hereof and are incorporated herein. ARTICLE 2: Engagement of Contractor: CITY hereby engages Contractor and Contractor -hereby accepts said engagement for the purpose of constructing Cured -in -Place Pipe for the Oak Harbor Subdivision Sewer Upgrade Project, as described in and according to the provisions of: the JEA Contract and its exhibits, equipment descriptions and quotations made thereunder (hereinafter referred to as the Work), and, by this reference, made a part hereof and are incorporated herein; and in accordance with the other provisions, acquired by law, ordinance or policy for the CITY, contained in this Agreement. With respect to the Project, the provisions, terms and condition of the JEA Contract shall apply unless specifically preempted herein. Therefore, any conflict between the provisions of this Agreement and those in the JEA Contract shall be resolved in favor of this Agreement, but only to the extent of any conflict. ARTICLE 3: Coordination and Services Provided by CITY: CITY shall designate a Project Manager who will, on behalf of the CITY, coordinate with Contractor and administer this Agreement according to the terms and conditions contained hereat and in the Exhibits) attached hereto and made a part hereof. It shall be the responsibility of Manager to coordinate all Project related activities with the designated Project Manager. The CI1'Y's Project Manager shall be Kayle Moore, P.E., Public Utilities Director (Phone: 904-247-5834; Pax: 904-247-5843; E-mail: kmooreQi coab.us) or other designee as directed by the Public Utilities Director. ARTICLE 4: Duration of Agreement/Pricing Available to Other Entities: The term of this Agreement shall commence on the Effective Date and shall continue and remain in full force and effect as to all its terms, conditions and provisions as Page 49 of 147 set forth herein, through a period of time which is the earlier of the Contractor's delivery and City's acceptance of the Project within the time period set forth in any purchase order or twelve (12) months from the Effective Date. ARTICLE 5: Payments for Services of Contractor: 5.1. Except as provided in Section 5.2 hereof; the CITY will compensate Contractor for the Project in accordance with purchase orders issued and used by the City of Atlantic Beach Purchasing Department; provided however, payment invoices shall be sent to the authorized City representative as specified in said purchase older or other subsequent written instrument signed by the City's Project Manager. 5.2. Notwithstanding, any contrary provision, the maximum indebtedness of the CITY for all fees, reimbursable items or other costs, to the Contractor for the Project, pursuant to this Agreement, shall not exceed the amount of Two Hundred Twenty -Two 'thousand, Six IIundred and Sixteen Dollars and Sixty -Light Centers ($222,616.68) unless approved in writing by amendment to the Purchase Order. ARTICLE 6: Notice: Any and all required notice to the CITY under this Agreement shall be delivered by certified mail, return receipt requested, or by other delivery with receipt to the following: Kayle W. Moore, P.1, Public Utilities Director 902 Assisi Lane Jacksonville, FL 32233 kmoore@coab.us ARTICLE 7: Laws, Ordinances, Rules and Regulations: In the construction of the Project, the Contractor must comply with any and all applicable federal, state and local laws, rules, regulations and ordinances, as the seine exist and may be amended from time to time. Such laws, rules, regulations and ordinances shall include, but are not limited to, Chapter 119, Florida Statutes, (the Florida Public Records —3— Agenda Item #8.A. 14 May 2018 Page 50 of 147 Law) and Section 286.011, Florida Statutes, (the Florida Sunshine Law), as they apply to the Project contemplated in this Agreement. If any of the obligations of this Agreement are to be performed by a subcontractor, the provisions of this Section shall be incorporated into and become a part of the subcontract. ARTICLE 8: Conflict of Interest: The parties will follow the provisions of applicable ordinances and laws with respect to required disclosures by public officials who have or acquire a financial interest in a bid or contract with the CITY, to the extent the parties are aware of the same. ARTICLE 9: Non Discrimination: The Contractor represents that it has adopted and will maintain a policy of non discrimination against employees or applicants for employment on account of race, religion, sex, color, national origin, age or handicap, in all areas of employment relations, throughout the term of this Agreement. The Contractor agrees that, if any of the Services to be provided pursuant to this Agreement are to be performed by a subcontractor, the provisions of this At shall be incorporated into and become a part of the subcontract. ARTICLE 10: Counterparts: The parties agree that for the execution of this agreement, time is of the essence. Therefore, this Agreement, and all amendments thereto, may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. The parties further agree that facsimile ("fax") or e-mail transmission of all signatures with originals to follow shall constitute and be evidence of an executed Agreement. [Remainder of page is left blank intentionally. Signature page follows immediately.] —4— Agenda Item #8.A. 14 May 2018 Page 51 of 147 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF ATLANTIC BEACH ATTEST: Donna Bartle Joe Gerrity City Clerk City Manager INSITUFORM TECHNOLOGIES, LLC ATTEST: Debra Jasper Diane Partridge Contracting and Attesting Officer Contracting and Attesting Officer —5— Agenda Item #8.A. 14 May 2018 Page 52 of 147 Agenda Item #8.A. 14 May 2018 CONTRACT BETWEEN JEA AND INSITUFORM TECHNOLOGIES, LLC. JEA CONTRACT ##152566 TWS CONTRACT is exeouted as of this lY' day of February, 2016 (the "Wf ective Date"), by and between JEA, a body politic and corporate, with its principal address at 21 W. Church street, Jacksonville, FI.32202, in Duval County; FIoaida ("JEA" ), and INSHTUFORM- TECWINOLOGIES; LLC., a limited liability corporation existing under the Laws of the Delaware with its- principal office located at 1'19$8 .Edison Avenue, Chester£eId, MO 53005 Mompany"). WHWNESSETH 'WHEREAS, pursuant to -the JEA Procurement Code, JEA is authorized to procure i goods and services; and WHH+<H2EAS; JEA has solicited bids and Company has. submitted a bid for the Cured In Place Pipe (CIPP)_Unit Price Construction (to -'Work"); and 'WHEREAS, said bid has been accepted by JEA as the lowest responsive and responsible bid for the Work, NOW WHEREFORE, in consideration of the in itual promises and covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, the parties agree as follows; ACRE U1 NE NT l) JEA hereby engages the Company.atid the Company hereby accepts said engagement for the pezfonnanee ofthe Work as described in (i) JEA Solicitation # 014-16, designated as "Cured In Place Pipe (CIDP) Unit Price Construction" as modified by.Addendum 1 _dated November 20, 2015, and Addendum Number 2 dated November 25, 2015, (collectively, the "iFB"), and (ii) the Company's Bid Form dated, December .1, 2015, attached hereto as Exhibit A (the "Bid Form"). 2) The Work shall be peiformed strictly in accordance with the IFB, this Contract, the Bid Form and all Purchase Orders issued pursuant to this Contract (collectively, the "Contract Page 53 of 147 Documents"), all of which are hereby specifically made part hereof by reference to the same extent as if fully set out herein, in the sum of not to exceed Wo Million One -Hundred Thousand and 001100 Dollars ($2,100,00.00) (the "Maximum Indebtedness") at and for the prices and on the terms contained in the Contract Documents and Exhibit A, 3) This Contract shall commence on the Effective pate, and continue and reriiaiii in hill force and effect as to all its terms, conditions and provisions as set forth herein for three (3) years; With the option of two (2), one (1) year renewals or until the Contract's Maximum Indebtedness is reached, whichever occurs first. 4) On faithful performance of this Contract, JEA will pay the Company in accordance with the terns and on the conditions stated in the Contract Documents, 5) All notices required or permitted under this Contract shall be in writing and shall be deemed received upon receipt. Notices shall be addressed by a party to the other party as follows: In the case of JEA: JEA Attn: Kenneth Chasein 21 W, Church Street, Pearl Street - Jacksonville, FL 32202 Ph: 904-665--6195 and to: JEA Attn: Heatlier Beard, Procurement Contract Administrator 21 W. Churoh:St. CC -6 Jacksonville, FL 32202 Ph: 904-665-7606 In the case of Company: Inaituform Technologies, LLC Attn: Diane Partridge 17988 Edison Avenue Chesterfield, MO 63005 Phare: (636)530-8650 DPartridge@insituform.com Either party may change its address from tune to time upon.prior written notice to the other speelfping the effective date of the. new address. 2 Agenda Item N.A. 14 May 2018 Page 54 of 147 6) This Contract, after the lnitlal year, shall be contingent upon the existence of lawfully appropriated funds for each spbsequent year of the contract term,. IN WITNESS WHEREOF, the parties hereto have duty executed this Agreement, as of the day and year first above written. ATTEST: By:.-' 4C Name: Debra Jasper Title: Contiacling and Attesling Officer Date: V26/16 INSITUFORM TF,CHNOLO.tril;S, LLC, Name: Diane Partridge (jJJ 'Title: Contracting and Attesting Officer Date: 2126116 Agenda Item N.A. 14 May 2018 AT ST: JF•A, � t By: Y� Name. n t John McCarthy Title: �D�� Director, Supply Chale Management Date: -'v, A Date: '2- . 2 6 " 1 !o � I Approved by the JEA Awards Committee on Thursday, February 18, 2016, Award Item No, 8. 3 Page 55 of 147 INSITOFORMTECTWOLOGIES LLC . AssistantSecretaiy's Certificate The undersigned, being the Assistaut Secretary oflusitufoun Teclmologles, LLC, aDolawaee limited liability company (the "Company"), hereby certzfies that; 1. The following is a true and correct excerpt front the Libilted Liability Company Agreement of the Company: Apnofntment b, fhe President. The president of the Company may from time to gime appoint officers of the Company's operating divisions, and such contracting and attesting officers of the Company as the President may deem proper, who shall have such authority, subject to the control ofthe Board of Managers, as the President may from time to tithe presoribe. The President of the Company has, pursuant to the above authority., duly appointed f)rbra Jasper, lana Lause, Ursula-SCoungblood, Diane Partridge, Laura M. Audreski and Whitiney Schulte as Contracting and Attesting Offlceis ofthe Company. Each of the foregoing -have been fully authorized and empowered by the President of the Company (i) to certify and to attest the signature of any officer of the Company, (R) to enter into and to bind the Company to performpipeline rehabilitation activities ofthe Company and all matters related thereto, including the maintenance of one or more offices and facilities ofthe Company, (iii) to execute and to deliver documents on behalf of the Company, and (iv) to take such other action as is or may be necessary and appropriate to cavy out the project, activities and work of the Company. IN WITNESS WDEREOF, Ihave hereunto affixed my name as Assistant Secretary this 23rd day of October, 2015, INSITUFOIZM TECHNOLOGMS, LLC By Daniel P. Schoenekaso Assistant SEcretary Agenda Item N.A. 14 May 2018 Page 56 of 147 Agenda Item N.A. 14 May 2018 Page 57 of 147 BDa F011MI T+OA SOLICITATION # 014-16 CURE IN PLACE PIPE CpNSTRTJCTION SFRNgC9S Submit on ae,einnl ndtwo(2)conteaolongwithotherrequiredformsInascaledenvotopato:JBAPmw;romentDopt.,.21W.. Churolt SL, Bid Seolldn, Customer Conlor, I"Floor, Room 002, Tooksonvilfa FL 52202.3139, Company Name Ine)lurorm Tachnologles, LLG Cnmjtauy's Address '17068 Edison Avenue, Chesterpeid, MO 63005 ThonoNumberr, (63(I}580.0000 ]rAXNoi (636)630.0701 g�tt�lAd;b . dperir(dge(c�lnoltuform,com CURITY RPcOUIR it4EIS,T1tM Olt CD T One n©Puro ase Wonaxequired Corilf➢edCheck orBond (FlvoPerccnt(55) Annual Requirements -3 yrs, w/2 optionalrenowals Other, -Specify. Pro act Com letlm ATt3i LPu RE_ QUTTt , NTS q'!O 7S5 05 FLO AST FS CO TRACT M ND None requbvd None roquiro Samples requlrod prlorto Bid Opening Bond required 100% ofBld Award Samples may be required subsequent to BW Opening T IS XiVSU1tANuantic OUXN av ndlcsted are exactinguantities indicated reflect the a proximaicquaniittas to be purchased Throughout the Cohtraot ore subject to Awtualion in Insurance required pedod and accordance with actual requirements. AY DIS. O TS 1% 20, not 30 2°/u 10, not 30 3% S,net30 Other None Offered ENTER BID TOTAL, POR 014-16 SVRVICES DID TOTAL Total tram Bid Wo.0 hook 9 ri 9 7, 3 Y W person aigulpgg below is an authorized representative ofthoBidder's Company, thatiha Compnny Is legally authorized to do buxinuas in tho Stat. of Fludda,.and that the Company maintains In Active status nn apppropriate contractor's Iteonse foriho work (INp pfteable), The Bidder also codifies that It complies wlth all sections (lacludingisntnot limited to Conflict OrInterest midBthl") of this Solioltatien,nndthatthuI31dderisanauthotlzeddistrlbuto, 7-1Z"Iurarofth.equipmentthatmeatsthoTechnicalSpeoifleatton5 eiatodheroln.Wo have received addoudaDecember 1, 2015 y Handwritten Slosturo dfAuthorized officer of Company or Agent Date f 4 �thrbugh Diane f'arbldge Contracting and Attesting Officer PrintedNatno nudTitle Agenda Item N.A. 14 May 2018 Page 58 of 147 Agenda Item #8.A. 14 May 2018 Page 59 of 147 0 qo 'V' H 0 p o o S 'Cqp4 O .Q o CJ ppp 6 0 qoq cy p 00 t7 O OOi Oc7 b [� O & C7 I. N O' 11 o b lll"'111 (i) 0 G9. 0 0% 69 64 0 V3 b4 69 iH 0 -t 41 C7 Q, O, O 00 In ham- V1 'D Vhi CO o O O bd w G ci �U tW„+ p „ Fn vt bs vi ss cs d9 54 vi 69 ds c5 6q to m � ,q 9 o O N O N po *�-r p V7 d rl p inq O b o in p i0 p iO d 41 O Vii fA to bb � o p 00 .FO .lobi pp b N o0 '�i' F.N-kii � FI�,� .m -i -M U m • } rn rn y rn N. aa,, I Cl a�O �' rn ry. rn H M 6y - a H f -t N N1 !P N 0, �Q.; rIti Agenda Item #8.A. 14 May 2018 Page 59 of 147 Agenda Item #8.A. 14 May 2018 ' I i ON co o ri ci � 0 0 y N N rte, ry �v :-7 .moi fk ro I c9 55 v3 fA 59 5Opry EH rA tff i H � 0yp YI Ca IO' 4 O V 1p" w CO sn I�++ I S poll no f 00, OF Ucu 1 �b q U i H N N 91 r E Page 60 of 147 �b q H N N Page 60 of 147 Agenda Item N.A. 14 May 2018 Page 61 of 147 4 'tip O Pq P Vaj W V�j , ti t�fY to ion O b 4 pp �0 W O O Q O p n in N Aa m - d 69 64 64 69 69 59 69 64 69 64 64 0 69 0 M to o ui vim,• ca n O r N raj N cn H YI �{ H W fA 69 (a w) bi 69 69 64 69 64 .59 ffi 69 67 0 0 h O N. p b � '� � • � ,0 � �n �n ,n �n o � CD c4{ N tQoi �N N74 A aqq Rqq n a, Ys '� o 0 0" 9p$NoFt[`� V I H' 00 �AU6 N N ,(yf N 67 e1 d WW RC rq +C rn rnrn ° rnrn rn O' Page 61 of 147 Agenda Item #8.A. 14 May 2018 Page 62 of 147 CD ��dgq000fl 4q CYOOa Q O o 4, 0 O 0 S7 0 0 W o 4 g o 0 0 h.p A a m r1' ci cOv ri ri ; �7 H rn cs as c� vs vs es vs es � us cs vs vs as its tis s9 vv rg ca vs �cy o t-�poono o p o a 0 0 a o 0 o Off, t+l' h Q 1f1 Q Vl G3 hf VI � O 'ch t� rM-. M O � N N m tS ci rn U p N N. [V o 0 0 -a in U N H �ivuusuuw r ` pq lxo Fa, ra R 1--1 14 U U v v N F i--1 H i-t ri 91 o oA MMAN ki. Ei^Si to cni d H. vsrnAmAvx ua +rgC�vaA`�irre�`; C7 m P, q � U, dN' r. I c- � tl' dN' dam' dN' 00 dN' 00 q 00 - - 03 0o cd cryo a 119t N a tr �" - � � W <r N tr� a tr In' ca 1 In taivi � us In �o In c vl ea In Pn` o �o Page 62 of 147 Agenda Item #8.A. 14 May 2018 Page 63 of 147 q O O C1 O 47 O Q. O f3 b p RQ :-7 d VR1 N ppO a Qj lWx+ .-•� H t� Vi r i 'r Oi fn .( M r -i vi H M M V' N A 69 0 63 G9 0 E4 69 Vi E4 0 G9 0690 O Cl Vi M O O O ID O O O A 0O000 oy O O �o V O O V) N O O h O ":p VI M C V' t� M O M O ry �' O C) V; v; .H-+ -O O RO C f tS M N f� 5 G4 69 69 &0 G2 64 b9 G9 69 w '&4 69 03 b9 O V) V) V) V) VI V) V) O. -t --t N C Hp p p stn a a a at6 Cy�yd �j e- UUy �5 'gyp• 0 m v 9 �1r,rk 9 12Ai All 11049 X4-Qm t� Mp h n ,� v� EA ° N E , ° I vi CD oryo oho 'i oho 00 00 0�0 OG r7 Agenda Item #8.A. 14 May 2018 Page 63 of 147 Agenda Item #8.A. 14 May 2018 Page 64 of 147 p Vl o O Q O Q BOO, Ckn C-0PD V 5 CT a 00 vV a va 64 tai v3 sv rfl ss amp p �wnl a6 Q N O O d O pq O M ?U� p tfi yr e% to a V .bb o o t 0 S Q o o a F' � pq 44O A' p jj � •� y�{ N � y � 43 w M++ C� q M h Ia T T h 00 G4 Agenda Item #8.A. 14 May 2018 Page 64 of 147 Agenda Item #B.B. 14 May 2018 RESOLUTION NO. 18-18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO PURCHASE TWO WESTECH CAGE DRIVES FOR 70 -FOOT SECONDARY CLARIFIERS. WHEREAS, the Public Utilities Department included the cost of replacement heavy machinery in the FYI 7-18 budget; and WHEREAS, the existing secondary clarifier drives at the City's Wastewater Treatment Plant (I 100 Sandpiper Lane) date from the mid -1990's, and rotating drive assemblies are nearing the end of their design life; and WHEREAS, the City intends to process the equipment procurement initially, and solicit competitive bids for installation prior to the equipment delivery; WHEREAS, the equipment includes two (2) replacement 31 -inch DV8050 Cage Drives for 70 -foot secondary clarifiers and is cover wider warranty by WesTech for five (5) years after installation. WHEREAS, the City did not solicit competitive bids or quotes for this items, as WesTech is the sole manufacturer and distributor of the secondary clarifier cage drive equipment used at the City's WWTP. NOW THEREFORE, be it resolved by the City Commission ofthe City of Atlantic Beach as follows: SECTION 1. The City Commission hereby authorizes purchase the two WesTech Model No. DV8050 Replacement 31 -inch Cage Drives in the amount of $67,500, as they are the sole source manufacturer and distributor this equipment; SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 14th day of May, 2018. Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney Page 65 of 147 Agenda Item #8.0. 14 May 2018 CITY OF ATLAN'T'IC BEACH CITY COMMISSION MEETING STAFF RE, PORT AGENDA ITEM: Clarifier Rehabilitation at Wastewater Treatment Plant SUBMITTED BY: Kayle W. Moore, P.F. Public Utilities Director DATE: April. 27, 2018 BACKGROUND: The existing secondary clarifier drives at the City's Wastewater Treatment Plant (I 100 Sandpiper lane) date from the mid -1990's, and rotating drive assemblies are nearing the end of their design life. Staff has determined the most cost effective means of replacement is for the City to purchase the equipment directly and have it installed by a utility contractor selected though a competitive bidding process. 'Chis will avoid paying tax on the equipment ($4,725) and the costs that contractors may add for their time in procuring equipment. The equipment includes two (2) replacement 31 -inch DV8050 Cage Drives for 70 -foot secondary clarifiers and is cover under warranty by Wes.'fcch for five (5) years after installation. This is the City's standard secondary clarifier replacement equipment and is proprietary, manufactured and distributed by WesTech. As the clarifier drives have a 14-16 week lead and shipping time, the City intends to process the equipment procurement initially, and solicit competitive bids for installation prior to the equipment delivery. BUDGET: A total of $225,000 was budgeted for the clarifier rehabilitation project (Project #PU1803) in the Sewer Fund under account number 410-5508-535-6300. RECOMMENDATION: Authorize staff to purchase the two WesTech Model No. DV8050 Replacement 31 -inch Cage Drives in the amount of $67,500. ATTACHMENTS: 1. Quote from WesTech REVIEWED BY CITY MANAGER: I Page 66 of 147 Agenda Item #8.B. 14 May 2018 Atlantic Beach WRF Atlantic Beach, Florida Equipment Furnished by WesTech, Inc. 3665 South West Temple Salt Lake City, UT 801.265.1000 801.265.1080 fax Quote Furnished by David Mortensen/John Gottschall 801.265.1000 dmortensen@westech-inc.com jgottschall@westech-inc.com WESTECH WesTech Represented by Cameron Young Moss -Kelley, Inc. 725 Primera Boulevard, Suite 155 Lake Mary, FL 32746 407.805.0063 407.805.0062 fax cjy@mosskelley.com Scope of Supply Two (2) 31 -inch Replacement Cage Drive Units WesTech Proposal: 1560268 (129320 Date: November 2, 2016 Page 67 of 147 Table of Contents Technical Proposal Item A --Two (2) Replacement 31 -Inch DV8050 Cage Drive for 70 -foot Secondary Clarifier Commercial Proposal Warranty Terms & Conditions Wks,rECH Agenda Item #8.13. 14 May 2018 Proposal No. 1560268 (129320) Page 68 of 147 Technical Proposal Item A -- Two (Z) Replacement 31 -inch Cage Drives WesTech Madel No. DV8050 Replacement for WesTech Cage Drive To Be Installed on 70 -foot WesTech Secondary Clarifiers; WesTech Job No. 4719A (1995) Drive Unit Furnished Complete With The Following Components: • Standard WesTech Cage Drive Unit for: • 18,500 ALMA 20 -year Continuous Torque (ftelbs) • 37,000 Momentary Peal(Torque (ft -lbs) - 0.029 Output Speed (RPM) • Clockwise Direction of Rake Rotation a 306,000 Overturning Moment of Both Main Bearings (ft -lbs) - An epoxy -coated steel drive base. Y Forged alloy steel, contoured -race, locked -ring precision main bearings, with L-10 life rating In excess of 100 years (876,000 hrs.). Oil lubrication of the main gear and pinion; grease lubrication of the main bearing. u A direct -coupled cycioidal rake speed reducer. 0 A 1 HP TEFC motor suitable for 230/460 volt, 3-phase, 60 -hertz supply power. c All fasteners necessary to attach the drive to the center column, the rake cage to the drive, and the bridge to the drive, a Column top adapter, cage ear adapters, and bridge adapters, all designed and manufactured according to the dimensions of the original drive of WesTech Job No. 4719A (1995. c Stainless steel weatherproof WesTech load -cell torque control with visual indicator, torque transmitter, and two limit switches set at: Alarm torque: 100% Shut Down Torque: 120% �VVES��H Agenda Item #8.13. 14 May 2018 Proposal No, 1560268 (129320) Page 69 of 147 Surface preparation and Painting Sandblast: SSPC-SP6/NAGE 3 commercial blast. Primer: One (1) coat of Tnemec° Pota-Pox Plus N140F, Beige 1255 Polyrnidoamine Epoxy, 2.5 to 3.5 mils DFT. Final: One (1) coat of Tnemec' Endura -Shield it 1074U, Dark Blue B5712 Aliphatic Acrylic Polyurethane, 2 to 5 mils DFT. Clariflcations/Comments The drive unit will include four (4) printed copies of an Owner's & Maintenance Manual. Installation of the drive units is not included for this proposal. Since this is a replacement of an existing WesTech drive unit, no submittal is included for this proposal. This proposal, including all terms and conditions contained herein, shall become part of any resulting contract or purchase order. Changes to any terms and conditions, including but not limited to submittal and shipment days, payment terms, and escalation clause shall be negotiated at order placement, otherwise the proposal terms and conditions contained herein shall apply. Any and all field surface preparation, field paint, touch-up, and repair to shop painted surfaces are not by WesTech. Total Service None. Optional Items None. Note: Any Item Not Listed Above To Be Furnished By Others. Items Not By WesTech: Electrical wiring, conduit or electrical equipment, piping, valves, or fittings, lubricating oil or grease, field painting or touch painting, field welding, erection, detailed shop fabrication drawings, performance testing, unloading, storage, concrete work, field service, (except as specifically noted). This proposal has been reviewed for accuracy and is approved for Issue: 8y: De -V144 M0I4• WES"FECH Date: January 17, 2018 Agenda Item #8.B. 14 May 2018 Proposal No. 1560268 (129320) Page 70 of 147 Agenda Item #8.B. 14 May 2018 Commercial Firm Proposal Proposal Name: Atlantic Beach WRF Proposal Number: 1560268 (129320) Date: January 17, 2018 1. Bidder's Contact +r Company Name WesTech Engineering, Inc. Contact Name David Mortensen Phone 801,265.1000 Email dmortensen@westech-inc.coni Address: Number/Street 3665 S West Temple Address: City, State, Zip Salt lake City, UT 84115 Currency US Dollars Item A- ,rwo (2)Replacement 31 -inch Cage Drives for 70- $ 67,500.00 foot Secondary Clarifiers Prices are For a period not to exceed 30 days from date of proposal. s. . Dally Rate — First pay on Site $ 4,475,00 Daily Rate — Additional Days in the Same Trip $1,235.00 Field services are to provide advisory supervision of installation, inspection of installation, or cqulprnenl start up services. Field service prices includo travel oxpensos. A field service day Is billed for any ©•hour clay, or any portion thereof. Overtime lime hours are billed at $180.00 per hour. Any travel or labor required on weekend (Saturday or Sunday) days or WesTech recognized holidays will Incur additional charges. Any canceled charges due to the customer's request will he added to the invoice. A lour week notice is required prior to hip departure (file. Taxes (sales, use, VAT, IVA, IGV, duties, import fees, etc.) Not Included 3. Payment Terms Net due 30 days after shipment 1004 All payments are net 30 days. Partial shipments are allowed. ether terms per WesTech proforma invoice. Ready to Ship, after WesTech Receives and Acknowledges the Purchase order 14 to 16 Terns FOB Salt Lake City. Full freight allowed, From Final Destination Method of Transport Salt Lake City, UT Atlantic Beach WRF- Atlantic Beach, FL Flat Bed l'rucl( Proposal No. 1560268 (129320) WESTECH Page 71 of 147 Agenda Item #8.B. 14 May 2018 Five -Year Warranty WesTech equipment is backed by WesTech's reputation as a quality manufacturer, and by many years of experience in the design of reliable equipment, Equipment manufactured or sold by WesTech Engineering, Inc., once paid for In full, is backed by the following warranty; For the benefit of the original user, WesTech warrants all new equipment manufactured by WesTech Engineering, Inc, to be free from defects in material and workmanship, and will replace or repair, F.O.B. its factories or other location designated by it, any part or parts returned to it which WesTech's examination shall show to have failed under normal use and service by the original user within five (5) years following initial start-up, or five (5) years and six (6) months from shipment to the purchaser, whichever occurs first. Such repair or replacement shall be free of charge for all items except for those items such as resin, filter media and the like that are consumable and normally replaced during maintenance, with respect to which, repair or replacement shall be subject to a pro -rata charge based upon WesTech's estimate of the percentage of normal service life realized from the part. WesTech's obligation under this warranty is conditioned upon its receiving prompt notice of claimed defects, which shall in no event be later than thirty (30) days following expiration of the warranty period, and is limited to repair or replacement as aforesaid. This warranty Is expressly made by WesTech and accepted by purchaser in lieu of all other warranties, Including warranties of merchantability and fitness for particular purpose, whether written, oral, express, implied, or statutory. WesTech neither assumes nor authorizes any other person to assume for it any other liability with respect to its equipment. WesTech shall not be liable for normal wear and tear, corrosion, or any contingent, incidental, or consequential damage or expense due to partial or complete inoperability of its equipment for any reason whatsoever. This warranty shall not apply to equipment or parts thereof which have been altered or repaired outside of a WesTech factory, or damaged by improper installation, application, or maintenance, or subjected to misuse, abuse, neglect, accident, or incomplete adherence to all manufacturer's requirements, including, but not limited to, Operations & Maintenance Manual guidelines & procedures. This warranty applies only to equipment made or sold by WesTech Engineering, Inc. WesTech Engineering, Inc. makes no warranty with respect to parts, accessories, or components purchased by the customer from others. The warranties which apply to such items are those offered by their respective manufacturers. WEsTECH Proposal No. 1560268 (129320) Page 72 of 147 Terms & Conditions Terms and Conditions appearing in any order based on this proposal which are Inconsistent herewith shall not be binding on WesTech Engineering Inc. The sale and purchase of equipment described herein shall be governed exclusively by the foregoing proposal and she following provisions: A. Specifications: WesTech Engineering Inc. is furnishing its standard equipment as outlined In the proposal and as will be covered by final approved drawings. The equipment may not he In strict compliance with the Engmeel's/Owner's plans, specifications, or addenda as there may be deviations. The equipment will, however, meet the general Int enlinn of the mechanical spedficailons of these documents. 2. Item% Included; This proposal Includes only the equipment specIf ed herein and doas pat Include erection, Installation, accessories, nor associated materials such as controls, piping, etc., unless specifically listed. 3. Parties to Contract: WesTech Engineering Inc. is not a parry to or bound by the terms of any contract between Wesl ech Engineering Inc,'s customer and any other party. WesTech Engineering Ines undertakings are limited to Chose defined In the contract between WesTech Engineering Inc. and its direct customers. a, Price and Delivery: All selling prices quoted are subject to change without notice after 30 days from the dale of this proposal unless specified otherwise. Unless otherwise stated, all prices are F.O.B. WesTech Engineering Inc. or Its supplier's shipping points. All claims for damage, delay or shortage arising front such equipment shall be made by Purchaser directly against the carrier. When shipments are quoted F.O.R. job site or other designation, Purchaser shall Inspect the equipin"t shipped, notifying WesTech Engineering Inc, of any damage or shortage within forty-eight hours of receipt, and (allure to so notify WesTech Engineering luc, shall constitute acceptance by Purchaser, relieving WesTech Engineering Inc, of any liability for shipping damages or shortages. S. Payments: All invoices are net 30 days. Dellnquencles are subject to a 1.5 percent service charge per month or the maximum permitted by law, Whichever Is less on all past due accounts. Pro rata payments are due as shipments are made. It shipments are delayed by the Purchaser, Invoices shall be sent on lie date when WesTech Engineering Inc. Is prepared to make shipment and payment shall become due under standard invoichng terms. If the work to be performed hereunder Is delayed by the Purchaser, payments shall be based on (lie purchase price and percentage of completion. Products held for the Purchaser shall be at the risk and expense of the Purchaser. Unless specifically stated otherwise, prices quoted are for equipment only. These terms are independent of and not contingent upon the time and manner In which the Purchaser receives payment from the owner, 6. Payment Terms: credit is subject to acceptance by WesTech Engineering Int.'s Credit Department. If the financial condition of the Purchaser at any time Is such as to give WesTech Engineering Inc., in Its judgment, doubt concerning the Purchaser's Ability to pay, WesTech Engineering Inc, may require full or partial payment In advance or may suspend any furtherdeliverles or continuance of the work to be performed by the WesTech Engineering Inc. until such payment has been received, 1. Escalation; If shipment is, for any reason, deferred by the Purchaser beyond the normal shipment date, or It material price increases are greater than 5% from proposal date to material procurement date, slated prices set forth herein are subject to escalation. The escalallon shall be based upon Increases In labor and material and other costs to Wesuch Engineering Inc. that occur in the time period between qualatlon and shipment by WesTech Englneering Inc. Purchaser agrees to this potential escalation regardless of contradicting terms in the contract, except when an agreed upon escalation adder is included In the price. (a) The total quoted revised price is based upon changes In the Indices published by the United States Department of Labor, Bureau of Labor Statistics. Labor will be related to the Average Hourly Earnings indices found In the Employment and Earnings publication. WE STEL H Agenda Item #8.13. 14 May 2018 Material will be related to the Metal and Metal Products Indices published hit Wholesale Prices and Prices Indices, (b) Price revision for items furnhhed to, and not manufactured by WesTech Engineering Inc., which exceed the above escalation calculation, will be passed along by WesTech Engineering Inc, to Purchaser based upon the actual Increase In price to WesTech Englneering Inc, for the period from the date of quotation to the date of shipment by WesTech Engineoring Inc. Any Item that Is so revised will be excluded from the index escalation calculations set forth in subparagraph (a) above. g, Approval: if approval of equipment submittals by Purchaser ar others Is required, a condidan precedent to WesTech Engineering Inc. supplying any equipment shall be such complete approval. 9, Installation Supervlslom Prices quoted for equipment do not Include Installation supervision. WesTech Engineering Inc, recommends and will, upon request, make available, at WesTech Engineering Inc.'s then current rate, an experienced Installation supervisor to act as the Purchaser's employee and agent to supervise Installation of the equipment. Purchaser shall at Its sole expense Width all necessary labor equipment, and materials needed for Installation. Responsibility for proper opetallon OF equipment, If not Installed by WesTech Engineering Inc, or installed Int accordance with WesTech Engineering Int.'s instructions, and Inspected and accepted In writing by WesTech Engineering Inc., rests entirely with Purchaser; and any work performed by WesTech Engineering Inc, personnel In making adjustment or changes must he paid for at WesTech Engineering Int,'s than [Unreal Perdiem rates plus living and traveling expenses. WesTech Englneering Inc. will supply the safety devices described In this proposal or shown In WesTeth Engineering btc.'s drawings furnished as part of this order but excepting these, WesTech Englneering Int. shall not be required to supply or install any safely devices whether required by law or olhanvise. The Purchaser hereby agrees to indemnify and hold harmless WesTetlh Engineering file. from any claims or losses arising due to alleged or actual insufficiency or Inadequacy of the safety devices offered or supplied hereunder, whether specified by WesTeth Engineering Inc. or Purchaser, and from any damage resulting from the use of the equipment supplied hereunder, 10. Acceptance of Products: Products will he deemed accepted without any claim by Purchaser unless written notice of non-acceptanre Is received by Weslredn Engineering Inc. within 30 days of delivery if shipped F.O.B. point of shipment, or Ag hours or delivery if shipped F,O,D. point of destination. Such written noticeshall not be considered received by WesTech Engineering Inc. unless 11 Is accompanied by all freight hills for salt] shipment, with Purchaser's iterations as to damages, shortages and conditions of equipment, containers, and seals, Non-arcepled products are subject to the return policy stated below. 11. Taxes: Any federal, state, or local sales, use or other taxes applicable to this transaction, unless specifically Included in the price, shall he for Purchaser's account. 12.'i1tte: The equipment specified herein, and any replacements or substitutes therefore shall, regardless of the manner In which affixed tour used in connection with realty, remain the sole and personal properly of WcsTech Englneering Inc. until the full purchase price has been paid. Purchaser agrees to do all things necessary to proteet and maintain WesTech Engineering Int.'s title and Interest In and to such equipment; and upon Purchaser's default, WesTech Engineering Inc. may retain as liquidated damages any and all partial payments made and shall he free to enter the premises where such equipment Is located and remove the same as Its properly without prejudice to any further claims on account of damages or loss which WesTeds Engineering Inc. may suffer from any cause. 13. Insurance: Flom date of shipment until the Invoice Is paid In full, Purchaser agrees to provide and rnalatalu at Its expense, but for WesTech Engineering (nc.'s benefit, adequate Proposal No. 1560268 (12.9320) Page 73 of 147 Insurance including, but hot limited to, builders risk Insurance on the equipment against any loss of any nature whatsoever. l4, Shipments: Any shipment at delivery dales recited represent WesTech Engineering buss best estimate but no liability, direct or indirect, is assumed by WesTach Engineering Inc, for failure to ship or dollveron such dates, WesTech Engineering Inc, shall have the right to make partial shipments; and Invoices covering the same shall be duo and payable by Purchaser In accordance with the payment terms thereof. IF Purchaser defaults In any payment when due hereunder, WesTech Engineering Inc, may, without Incurring any liability therefore to Purchaser or purchaser's customers, declare all payments immediately due and payable with maximum legal Interest thereon from due date at said payment, and at Its option, stop all further work and shipments until all past due payments have been made, and/or require that any further deliveries be paid for prior to shipment. It Purchaser requests postponements of shipments, The purchase price shall be due and payable upon notice from WesTech Engineering Inc. that lite equlpinett Is ready for shipment; and thereafter any storage or other charge WesTech Engineering Inc. Incurs on account of the equipment shall be for the Purchasers account If delivery is specified at a point other than WesTech Enginoerling Inc, or Its supplier's shipping points, and delivery Is postponed or prevented hystrlke, accident, embargo, or other cause beyond WesTech Engineering Int.'s reasonable control and occurring at a location other than WosTech Engineering Inc. or Its sdppllers shipping points, Westech Engineering Inc. assumes no liability In delivery delay. if Purchaser refuses such delivery, Wesluch Engineering Inc, may store the equipment at Purchaser's expense. For all purposes of this agreement suds tenter of delivety or storage shall constitute delivery. 15,tvarran1y: WESTECH ENGINEERING INC. WARRANTS EQUIPMENT ITSUPPIJES ONLY IN ACCORDANCE WITH THE WARRANTY EXPRESSED IN THE ATTACHED COPY OF 'WESTECH WARRANTY' AGAINST DEFECTS IN WORKMANSHIP AND MATERIALS WHICH 15 MADE APART HEREOF. SUCH WARRANTY IN LIEU OF ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WHETHER WRITTEN, ORAL, EXPRESSED, IMPLIED OR STATUTORY, WESTE(H ENGINEERING INC. SHALL NOT BE LIABLE ANY CONTINGENT, INCIDENTAL, 09 CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER. 16,PAwnts: WesferhEngineeringInc. agrees that Itwill, atIts own expense, defend all suits or proceedlogs Instituted against Purchaser and pay any award of damages assessed against It in such sults or proceedings, so far as the same are based on any claim that the said equipment or any part thereof constitutes an Infringement of any apparatus patent of the United States Issued at the date of this Agreement, provided WesTech Engineering tile, is given prompt notice In Writing of the Institution or threatened Institution of any stilt or proceeding and Is given full control of the defense, settlement, or compromise of any such action; and Purchaser agrees to give WesTedh Engineering Inc. needed Information, assistance, and authority to enable WesTech Engineering Inc. so to do. In the event sold equipment Is held or conceded to Infringe such a patent, WesTech Engineering Inc. shall have Ilia right at its sole option and expense to a) modify the equipment to be non -Infringing, h) obtain for Purchaser the license to continue uslog said equipment, or c) accept return of the equipment and refund to the Purchaser the purchase price thereof less a reasonable charge for the use thereof. WesTech Engineering Inc. will reimbutse Purchaser for actual out-of-potket expenses, exclusive of legal fees, Incurred In preparing such information and renderingsuch assistance at Westoch Engineering Int.'s request, The foregoing states the entire liability of WesTech Engineering Inc„ With respect to patent infringement; and except as otherwise agreed to In writing, WesTech Fogineering We. assumes no responsibility for process patent Infringement. U. Sulfate Preparation and Painting: If famished, shop primer paint Is Intended to serve only as minimal protective finish. WesTech Engineering Inc, will not be responsible far tire condition of primed or finish painted surfaces after equipment leaves Its shops, Purchasers arc Invited to inspect paint in shops for proper preparation and application prior to shipment. WesTech Engineering Inc. assumes no responsibility for field surface preparation or touch-up of shipping damage to paint. Painting of fasteners and other touch -pp to painted surfaces will be by Purchaser's painting contractor after mechanism Installation. W1-=.STEC H Agenda Item #8.13. 14 May 2018 Motors, gear motors, and other components not manufactured by WesTech Engineering Inc, will be painted with that manufacturer's standard paint system. It Is WesTech Engineering Ines Intention to ship major steel components as soon as fabricated, often before drive, motors, and other manufactured components. Unless Purchaser can ensure that shop primed steel shall be field painted within thirty (30) days after arrival at the job site, WesTech Engineering Inc, encourages the Purchaser to order these components without primer- WesTech Engineering Inc.'s prices are based on paints and surface preparations as outlined in the main body of this proposal. In the event that an alteroate paint system Is selected, WesTech Engineering Inc. requests that Purchaser's order advise of the paint selection, WesTech Engineering Inc. will then either adjust the price as may be necessary to comply or ship the material unpainted if compliance is not possible due to application problems or environmental controls. 19, Cance)lagoh, suspension, or Delay: Atter acceptance by WesTech Engineering Inc., this proposal, or Purchaser's order based on this proposal, shall be a firm agreement and Is not subject to cancellation, suspension, or delay except upon payment by Purchaser of appropriate charges which shall include all costs Incurred by WesTech Engineering Inc, to date of cancellation, suspension, or delay plus a reasonable profit. Additionally, all charges related to storage and/or resumption of work, at WesTech Engineering Ines plant ur elsewhere, shall be for Purchaser's sole account; and all risks incidental to storage shall be assumed by Purchaser. 19. Return of Products: No products may be returned to WesTech Engineering Inc, Without WesTech Engineering Inc.'s prior written permission. Said permission may ho withheld by WesTech Engineering Inc. at Its sole discretion. 20. pockcharges: WesTech Engineering Inc, will not approve or accept backcharges for labor, materials, or other costs Incurred by Purchaser or others In modification, adjustment, service, or repair of W estech Engineering Inc. -furnished materials unless such back charge has been authorized In advance In writing by a WesTech Engineering Inc. employee, by a WasTech Engineering Inc. purchase order, or work requisition signed by WesTech Engineering Inc. at. Indemptlicaucn: Purchaser agrees to Indemnify WesTech Engineering Inc. from all costs Incurred, Including but dot limited to court costs and reasonable attorney fees, from enforcing any provisions of this contract, Including but not limited to breach of contract orcosts Incurred in collecting mantas owed on this contract, 22, Entire Agraemenk This proposal expresses the entire agreement between the parties hereto superseding any prior understandings, and Is not subject to modification except by a writing signed by on authorized officer of each party. 23. Motors and Motor Drives: In order to avoid shipment delays of WesTech Engineering Inc, equipment, the motor drives may be sent directly to the job site for Installation by the equipment installer. Mlia r fit -up may be required. 24, Extended Storage: Extended storage Instructions will be part of Information provided to shipment. if equipment Installation and start-up is delayed more than 30 days, lite provisions of the storage instructions must he followed to keep WARRANTY in force. 25. Liability: Professional liability Insurance, Including but not limited to, errors and omissions Insurance, Is not Included. In any event, )lability for errors and amisslon shall be limited to the lesser of $100,000USD or the value of lho particular piece of equipment (not the value of the entire order) supplied by WesToch Engineering Int, against which a claim Is sought, 26. Arbitration Nagolialloin Any controversy or claim arising out of or relating to the performance of any contract resulting from this proposal or contract Issued, or the breach thereof, shall be settled by arbitrapon In accordance with lite Construction Industry Arbitration Rules of the American Arbitration Association, and Judgment inion the award rendered by lire arbinatc r(s) may be entered to any court having IuHsdiclian, Proposal No. 1560268 (129320) Page 74 of 147 ACCEPTED BY PUBCNASrat Customer Name: Customer Address Contact Name: Contact Phone; Contact Emall: Signature: _ Printed Name: Title: Date, Proposal No. 1560268 (129320) WESTECH Agenda Item #8.13. 14 May 2018 Page 75 of 147 Agenda Item N.C. 14 May 2018 RESOLUTION NO. 18-19 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE PURCHASE OF REAL PROPERTY AT 0 LINKSIDE DRIVE, ATLANTIC BEACH, FLORIDA FOR THE PURPOSE OF, BUT NOT LIMITED TO, ASSISTING WITH STORMWATER MANAGEMENT AND POTENTIAL EXPANSION OF THE CITY PUBLIC WORKS YARD; APPROPRIATING AN AMOUNT NOT TO EXCEEED $62,500 PLUS CLOSING COSTS FROM THE STORMWATER UTILITY ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT AND SUCH PURCHASE ORDER(S) IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFF ECTfVE DATE. WHEREAS, the City of Atlantic Beach desires to purchase real property at 0 Linkside Drive, Atlantic Beach, Florida, for the purpose of, but not limited to, assisting with stormwater management and potential expansion of the city public works yard; and WHEREAS, a purchase and sale agreement between the City of Atlantic Beach and Property Trust Investors LLC has been drafted for this purpose; and WHEREAS, the mutually agreed-upon purchase price is $62,500; and WHEREAS, the use of the Stormwater Utility Account is appropriate for this purpose. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission authorizes the purchase of real property at 0 Linkside Drive, Atlantic Beach, Florida for the purpose of, but not limited, assisting with stormwater management and the potential expansion of the public works yard. SECTION 2. The City Commission hereby appropriates an amount not to exceed $62,500 plus closing costs from the Stormwater Utility Account. SECTION 3. The City Manager is hereby authorized to execute a purchase and sale agreement and such purchase order(s) in accordance with and as necessary to effectuate the provisions of this Resolution. SECTION 4. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 14th day of May, 2018. Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney Page 77 of 147 Agenda Item #8.C. 14 May 2018 VACANTLAND PURCHASE AND SALE AGREEMENT ra COPYRIGHTED BY AND SUGGESTED FOR USE BY THE MEMBERS OF REALTOR® THE NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, INC. REALTOR® I OtV of Atlantir Rt-arh 2 ("BUYER/PURCHASER") name(s) as reflected on government - 3 issued photo ID and marital status if individual(s)) and property Trust Investors LLC 4 ("SELLER"), 5 (name(s) as reflected on deed or government -issued photo ID and marital status if individual(s)), which terms 6 may be singular or plural and include the successors, personal representatives and assigns of BUYER and 7 SELLER, hereby agree that SELLER will sell and BUYER will buy the following described property with all 8 improvements ("the Property"), upon the following terms and conditions and as completed or marked. In any 9 conflict of terms or conditions, that which is added will supersede that which is printed or marked. 10 PROPERTY DESCRIPTION: 11 (a) Street address, city, zip code: 0 1 inkside Drive -�jantir Raarh. Fl 3293.112 (b)The Property is located in D1Pral County, Florida. Property Tax ID No: 1721 n3-0000 13 (c) Legal description of the Real Property (if lengthy, see attached legal description): 8-4 17-2fi-2f1F 14 nnnni-rs S/D PT I of `J rord n/R 18357-2448 15 16 The Property will be conveyed by statutory general warranty deed, trustee's, personal representative's or 17 guardian's deed as appropriate to the status of SELLER (unless otherwise required herein), subject to current 18 taxes, existing zoning, recorded restrictive covenants governing the Property, and easements of record which do 19 not adversely affect marketable title. Under Florida law financing of the BUYER's principal residence 20 requires BUYER and BUYER's spouse to sign the mortgage(s). Under Florida law the sale of a principal 21 residence requires SELLER's spouse to sign the deed even if the spouse's name is not on SELLER's 22 present deed. 23 1. PURCHASE PRICE to be paid by BUYER is payable as follows: 24 (A) Binder deposit ❑ is paid herewith, or, © is due within 10 days after 25 date of acceptance which will remain a binder until closing 26 unless sooner disbursed according to the provisions of this Agreement, 27 If neither box is marked, binder deposit is to be paid herewith. $ 2,500.00 28 (B) Additional binder deposit due on or before or 29 days after date of acceptance of this Agreement $ 0.00 30 (C) Proceeds of a note and mortgage to be executed by BUYER to any 31 lender other than SELLER (base loan amount excluding financed 32 closing costs) $ 0.00 33 (D) Seller financing by note and mortgage executed by BUYER to SELLER 34 (Requires use of Seller Financing Addendum) 35 (E) Balance due at closing (not including BUYER's closing costs, prepaid 36 items or prorations) by wire transfer or, if allowed by settlement agent, 37 38 by cashier's or official check drawn on a United States banking institution $ 60,000.00 39 (F) PURCHASE PRICE $ 40 (G) ❑Purchase Price Based on Units (Complete only if Purchase Price will be based on a per unit price 41 instead of a fixed sales price). The unit used to determine the Purchase Price is, 42 ❑ Acre 43 ❑ Square foot 44 ❑ Other (specify. ) prorating 45 areas of less than a full unit. The Purchase Price will be $ per unit and 46 adjusted at closing based on a calculation of the units of the Property as certified to BUYER and 47 SELLER by a Florida -licensed surveyor in accordance with Paragraph 5 of this Agreement. The 48 following rights of way and other areas within the Property will be excluded from the calculation of 49 units: 50 51 52 53 54 VL Page 1 of 10 4/18 Page 78 of 147 Agenda Item #8.C. 14 May 2018 55 Binder deposit to be held by: 56 Name: Sunshine Title Corporation 57 Address: 8613 Old Kinas Road South Jacksonville FL 32217 58 Phone: 904-732-9394 Fax:904-732-9399 E-mail: 59 Note: In the event of a dispute between BUYER and SELLER regarding entitlement to the binder 60 deposit(s) held by an attorney or title insurance agency, Broker's resolution remedies referenced 61 in paragraph 12(A) hereof are not available. 62 2. FINANCING INFORMATION: BUYER intends to finance this transaction as follows: 63 ® cash 64 ❑ loan without financing contingency 65 ❑ loan as marked below with financing contingency. Loan Approval ❑ is ❑ is not conditioned upon the 66 closing of the sale of other real property owned by BUYER. If neither box is marked, then Loan Approval 67 is not conditioned upon the closing of the sale of other real property owned by BUYER. 68 ❑ seller financing (If marked see applicable SELLER FINANCING ADDENDUM attached hereto and 69 made a part hereof). 70 APPLICATION: Within days (5 days if left blank) after date of acceptance of this Agreement, 71 BUYER will complete the application process for mortgage loan(s). BUYER will timely furnish any and all 72 credit, employment, financial, and other information required by lender sufficient to generate a Loan 73 Estimate or similar closing cost estimate, pay all fees require by BUYER's lender and make a continuing 74 and diligent effort to obtain loan approval, otherwise, BUYER is in default. BUYER hereby authorizes 75 BUYER's lender to disclose information regarding the status, progress, and conditions of loan application 76 and loan approval to SELLER, SELLER's attorney, Broker(s) to this transaction, and the closing 77 attorney/settlement agent. BUYER and SELLER hereby further authorize BUYER's lender and the 78 closing attorney/settlement agent to provide a copy of the combined settlement statement and 79 the BUYER and SELLER Closing Disclosures to Broker(s) to this transaction when provided to 80 BUYER and SELLER, both before and at closing (consummation). 81 Unless the mortgage loan is approved within days (45 days if left blank) after date of acceptance 82 of this Agreement without contingencies other than lender -required repairs/replacements/treatments, 83 marketable title and survey, herein after called the Loan Approval Period. BUYER shall have 5 days 84 thereafter to terminate this Agreement by written notice to the SELLER or be deemed to have 85 waived the financing contingency. 86 If BUYER does not terminate this Agreement within said 5 day period, neither BUYER nor SELLER shall 87 have the right to terminate this Agreement under this paragraph, the binder deposit shall not be 88 refundable because of BUYER's failure to obtain financing, and this Agreement shall continue through 89 date of closing. 90 3. TITLE EXAMINATION AND DATE OF CLOSING: 91 (A) If title evidence and survey, as specified below, show SELLER is vested with marketable title, including 92 legal access, the transaction will be closed and the deed and other closing papers delivered on or 93 before (mark only one box): 94 ❑ days (15 days if left blank) after the Loan Approval Period, or 95 ❑ (specific date), or 96 ® 40 days after date of acceptance of this Agreement, unless extended by 97 other conditions of this Agreement. 98 Marketable title means title which a Florida title insurer will insure as marketable at its regular rates 99 and subject only to matters to be cured at closing and the usual exceptions such as survey, current 100 taxes, zoning ordinances, covenants, restrictions, and easements of record which do not adversely 101 affect marketable title. From the date of acceptance of this Agreement through closing, SELLER will 102 not take or allow any action to be taken that alters or changes the status of title to the Property. 103 (B) Extension of Date of Closing: 104 If closing cannot occur by the date of closing due to Consumer Financial Protection Bureau (CFPB) 105 delivery requirements, the date of closing shall be extended for the period necessary to satisfy CFPB I06 delivery requirements, not to exceed 10 days. If extreme weather, act of God, act of terrorism or war 107 ("force majeure") prevents any obligation under this Agreement from being performed or causes the 108 unavailability of insurance, all time periods, including the date of closing, will be extended for the 109 period of time that any of the above prevents performance of any obligation under this Agreement, but 110 in no event more than 5 days after restoration of services essential to the closing process and III availability of applicable insurance. If force majeure prevents performance of any obligation under this VL Page 2 of 10 4/18 Page 79 of 147 Agenda Item #8.C. 14 May 2018 112 Agreement for more than 30 days beyond the date of closing, BUYER or SELLER may terminate this 113 Agreement by delivering written notice to the other party. 114 If title evidence or survey reveals any defects which render title unmarketable, or if the Property is not 115 in compliance with governmental regulations/permitting, BUYER or closing agent will have 5 days from 116 receipt of title commitment, survey or written evidence of any permitting/regulatory regulation Issue to 117 notify SELLER in writing of such defects. SELLER agrees to use reasonable diligence to cure such 118 defects at SELLER's expense and will have 30 days to do so, in which event this transaction will be 119 closed within 10 days after delivery to BUYER of evidence that such defects have been cured but not 120 sooner than the date of closing. SELLER agrees to pay for and discharge all due and delinquent taxes, 121 liens and other monetary encumbrances, unless otherwise agreed in writing. If SELLER is unable to 122 convey marketable title, or to cure permitting/regulatory issues, BUYER will have the right to either 123 terminate this Agreement, or to accept the Property as SELLER is able to convey, and to close this 124 transaction upon the terms stated herein, which election must be exercised within 10 days after 125 BUYER's receipt of SELLER's written notice of SELLER's inability to cure. 126 4. TITLE EVIDENCE: Mark to designate the party responsible to provide title commitment 127 171SEILLER to provide: Within 10 days (20 days if left blank) after date of acceptance of this 128 Agreement, SELLER will deliver to BUYER a title insurance commitment for an owner's policy in the 129 amount of the Purchase Price, together with legible copies of all Schedule B -II title exceptions. Subject to 130 paragraph 3(b) above, any expense of curing title defects such as, but not limited to, legal fees, discharge 131 of liens and recording fees will be paid by SELLER. If requested, SELLER will also provide (at BUYER's 132 expense) at or prior to closing a simultaneous title insurance commitment for a mortgage policy. 133 ©BUYER to obtain: During the Inspection Period BUYER shall obtain and deliver a copy to SELLER: 134 OTltle insurance commitment for an owner's policy in the amount of the Purchase Price, together with 135 legible copies of all Schedule B-1 requirements and B -ll exceptions and/or ❑ Title Insurance commitment 136 for mortgage policy In the amount of the new mortgage together with legible copies of all Schedule B-1 137 requirements and B-11 exceptions. Subject to paragraph 11(B) below, any expense of curing title defects 138 such as, but not limited to, legal fees, discharge of liens and recording fees will be paid by SELLER. From 139 date of acceptance of this Agreement to closing, SELLER will not take or allow any action to be taken that 140 alters or changes the status of title to the Property. 141 5. SURVEY: Mark to designate the party responsible to provide survey(, A� 142 ©SELLER to provide: Within days (20 days if left blank) after date of acceptance of this Agr et�t! 143 SELLER will deliver to BUYER: 144 ❑ A new staked boundary survey of the Property dated within 3 months of closing showing all 145 improvements, certified to SELLER, BUYER, lender and the title insurer; or 146 ❑ A copy of a previously made survey of the Property showing all existing improvements and sufficient to 147 allow removal of the survey exceptions from the title Insurance commitment or, If Insufficient, then a new 148 staked survey is required; or 149 ❑ No survey is required. 150 If a surveyor's flood elevation certificate Is required, BUYER shall pay for it. 151 ❑ BUYER to obtain: During the Inspection Period BUYER may obtain and, if obtained, shall deliver a 152 copy to SELLER, a new staked survey of the Property dated within 3 months of closing showing all 153 improvements, certified to SELLER, BUYER, lender, and the title insurer. Upon receipt of the title 154 Insurance commitment, the party providing the boundary survey shall provide a copy of the title insurance 155 commitment together with all Schedule B -ll title exceptions to the surveyor for inclusion on the survey. Any 156 costs associated therewith shall be paid by the party paying for the boundary survey. The cost and 157 expense of the boundary survey shall be paid for by the party designated in paragraph 8 or 9 of this 158 Agreement. Any survey services other than for the boundary survey and title exceptions inclusion shall be 159 paid for by the BUYER; such as, but not limited to, wetlands delineation, topographical or tree survey. If the 160 Purchase Price is based on a per unit price Instead of a fixed price, the survey shall be obtained and shall 161 provide and certify the unit calculation needed pursuant to paragraph 1(G). 162 If surveyor's flood elevation certificate Is required, BUYER shall pay for it. 163 6. LOSS, DAMAGE OR EMINENT DOMAIN: SELLER shall bear the risk of loss to the Property until closing. 164 If any of the Property is materially damaged or altered by casualty before closing, or SELLER negotiates 165 with a governmental authority to transfer all or part of the Property In lieu of eminent domain proceedings, 166 or if an eminent domain proceeding is initiated, SELLER will promptly notify BUYER in writing. Either 167 BUYER or SELLER may cancel this Agreement by written notice to the other within 10 days from BUYER's 168 receipt of SELLER's notification, falling which BUYER will close in accordance with this Agreement and 169 receive all payments made by the governmental authority or insurance company, if any. 170 VL Page 3 of 10 11/17 Page 80 of 147 Agenda Item #8.C. 14 May 2018 171 7. PRORATIONS: All taxes, rents, homeowners' association fees, solid waste collection/recycling/disposal 172 fees, stormwater fees, and Community Development District (CDD) fees will be prorated through the day 173 before closing based on the most recent information available to the closing 174 attorney/settlement agent, using the gross tax amount for estimated tax prorations. The day of closing 175 shall belong to BUYER. Any proration based on an estimate shall be reprorated at the request of either 176 party upon receipt of the actual bill based on the maximum discount available. 177 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY UPON SELLER'S CURRENT 178 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE 179 OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR 180 PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD 181 RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING 182 VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 183 8. BUYER WILL PAY: 184 (A) CLOSING COSTS: 185 ®Recording fees ❑Mortgage insurance premium 186 ©Intangible tax ❑Mortgage discount not to exceed 187 ❑Note stamps ❑Survey 188 ❑Simultaneous mortgagee title insurance policy ®Closing attorney/settlement fee 189 OTitle insurance endorsements VBUYER's courier/wire fees 190 ❑Lender's flood certification fees ©Title search 191 ❑Mortgage origination charges ❑Broker transaction Fee $ 192 ❑Appraisal fee ❑Mortgage transfer and assumption charges 193 ❑Credit report(s) ❑Inspection and reinspection fees 194 ❑Tax service fee 195 ©Other Owner's Title Insurance Policy 196 (B) All other charges required by lender(s) in connection with the BUYER's loan(s), unless prohibited by 197 law or regulation, together with lender related settlement/title service fees charged to process, 198 close and post close BUYER's loan(s). 199 (C) Homeowners' association application/transfer fees and capital contributions, if required. 200 (D) PREPAIDS: Prepaid hazard, flood and wind insurance, taxes, interest and mortgage insurance 201 premiums if required by the lender. 202 9. SELLER WILL PAY. 203 (A) CLOSING COSTS: 204 ©Deed stamps ❑Mortgage discount not to exceed 205 ❑Owner's title insurance policy ❑Appraisal fee 206 ❑Title search [ASELLER's courier/wire fees 207 El Closing attorney/settle ent fee ❑Municipal Lien Search 208 -94SeHey G-+-•rw �*, 209 �Satis#aet+eFl of twat#gage aad cecerdiRg f®a /�L�' L 210 ❑Other 211 (B) Real estate commission and broker transaction fee pursuant to the listing agreement. 212 (C) Homeowners' Association estoppel/statement fees, payable upon request by the closing 213 attorney/settlement agent. 214 (D) All other charges required by lender(s) in connection with the BUYER's loan(s), which BUYER is 215 prohibited from paying by law or regulation. 216 (E) If SELLER agrees to pay any amount toward BUYER's closing costs (which shall include BUYER's 217 prepalds), SELLER shall be obligated to pay, upon closing, only those costs marked In paragraph 218 8(A) and those specified in paragraphs B(B), 8(C) and 8(D). 219 (F) All mortgage payments, homeowners' association fees and assessments, Community Development 220 Fees (CDD fees) and government special assessments due and payable shall be paid current at 221 SELLER's expense at the time of closing. 222 (G) Public Body Special Assessments. At closing, SELLER will pay: (i) the full amount of liens Imposed by 223 a public body that are certified, confirmed and ratified before the date of closing not payable in 224 installments; and (ii) the amount of the public body's most recent estimate or assessment for an 225 improvement which is substantially completed as of date of acceptance of this Agreement but that has 226 not resulted in a lien being imposed on the Property before closing. "Public body" does not include 227 homeowners' association or CDD fees. VL Page 4 of 10 11/17 Page 81 of 147 Agenda Item N.C. 14 May 2018 228 If public body special assessments may be paid in installments (Mark only one box) 229 ❑BUYER shall pay installments due after date of closing. 230 ©SELLER will pay the assessment in full prior to or at the time of closing. 231 IF NEITHER BOX IS MARKED THEN BUYER SHALL PAY INSTALLMENTS DUE AFTER DATE OF 232 CLOSING. This paragraph 9(G) shall not apply to liens imposed by a Community Development 233 District created by Florida Statutes 190. The special benefit tax assessment imposed by a 234 Community Development District shall be treated as an ad valorem tax. 23510. DEFAULT: 236 (A) If BUYER defaults under this Agreement, all binder deposit(s) paid and agreed to be paid (after 237 deduction of unpaid closing costs incurred except inspection fee(s), credit report and appraisal fees) 238 will be retained by SELLER as agreed upon liquidated damages, consideration for the execution of this 239 Agreement and in full settlement of any claims. BUYER and SELLER will then be relieved of all 240 obligations to each other under this Agreement except for BUYER's responsibility for damages caused 241 during inspections as described in paragraph 14. 242 (B) If SELLER defaults under this Agreement, BUYER may either: (i) seek specific performance; or (ii) 243 elect to receive the return of BUYER's binder deposit(s) without thereby waiving any action for 244 damages resulting from SELLER's default. 245 (C) Binder deposit(s) retained by SELLER as liquidated damages will be distributed pursuant to the terms 246 of the listing agreement and this Agreement. 247 11. NON -DEFAULT PAYMENT OF EXPENSES: 248 (A) If BUYER fails to perform, but is not in default, all loan and sale processing and closing costs incurred, 249 whether the same were to be paid by BUYER or SELLER, will be the responsibility of BUYER with costs 250 deducted from the binder deposit(s) and the remainder of the binder deposit(s) shall be returned to 251 BUYER. This will include but not be limited to the transaction not closing because BUYER does not 252 obtain the required financing as provided in this Agreement or BUYER invokes BUYER's right to 253 terminate under any contingency in this Agreement; however, if Buyer elects to terminate this Agreement 254 pursuant to paragraph 2 and 14, each party will be responsible for all loan and sale processing costs 255 specified to be paid by that party, except all inspections, including WDO Report, which shall be paid by �Iq BUYER. 258 (B) If SELLER fails to perform, but is not in default, all loan and sale processing and closing costs 259 incurred, whether the same were to be paid by BUYER or SELLER, will be the responsibility of 260 SELLER, and BUYER will be entitled to the return of the binder deposit(s). This will include the 261 transaction not closing because SELLER cannot deliver marketable title, or, is unable to cure 262 permitting/regulatory compliance issues, but shall not include failure to appraise or termination 263 pursuant to paragraph 14. 264 12. BINDER DISPUTE, WAIVER OF JURY TRIAL AND ATTORNEY FEES: 265 (A) In the event of a dispute between BUYER and SELLER as to entitlement to the binder deposit(s), the 266 holder of the binder deposit(s) may file an interpleader action in accordance with applicable law to 267 determine entitlement to the binder deposit(s), and the interpleader's attorney's fees and costs shall be 268 deducted and paid from the binder deposit(s) and assessed against the non -prevailing party, or the 269 broker holding the binder deposit(s) may request the issuance of an escrow disbursement order from 270 the Florida Division of Real Estate. In either event, BUYER and SELLER agree to be bound thereby, 271 and shall indemnify and hold harmless the holder of the binder deposit(s) from all costs, attorney's 272 fees and damages upon disbursement in accordance therewith. 273 (B) All controversies and claims between BUYER, SELLER or Broker, directly or indirectly, arising out of or 274 relating to this Agreement or this transaction will be determined by non jury trial. BUYER, SELLER and 275 Broker, jointly and severally, knowingly, voluntarily and intentionally waive any and all rights to a trial by 276 jury in any litigation, action or proceeding involving BUYER, SELLER or Broker, whether arising directly 277 or indirectly from this Agreement or this transaction or relating thereto. Each party will be liable for their 278 own costs and attorney's fees except for interpleaders attorney's fees and costs which shall be 279 payable as set forth in paragraph 12(A). 280 13. PROPERTY DISCLOSURE: SELLER does hereby represent that SELLER has legal authority and 281 capacity to convey the Property, and that no other person or entity has an ownership interest in the 282 Property. SELLER represents that SELLER has no knowledge of facts materially affecting the value of the 283 Property other than those which BUYER can readily observe 284 except: 285 286 VL Page 5 of 10 11117 Page 82 of 147 Agenda Item N.C. 14 May 2018 287 SELLER further represents that the Property is not now and will not be prior to date of closing subject to a 288 municipal or county code enforcement proceeding and that no citation has been issued except: 289 290 291 If the Property is or becomes subject to such a proceeding prior to date of closing, SELLER shall comply 292 with Florida Statutes 125.69 and 162.06; notwithstanding anything contained within said Statutes, SELLER 293 shall be responsible for compliance with applicable code and all orders issued in such proceeding unless 294 otherwise agreed herein. SELLER has received no written or verbal notice from any governmental entity as 295 to uncorrected environmental, regulatorylpermitting, or safety code violations, and SELLER has no 296 knowledge of any repairs or improvements made to the Property not then in compliance with governmental 297 regulations/permitting except: 298 299 AIRPORT NOTICE ZONES: If the Property is in Noise Zones A, B and/or an Airport Notice Zone, BUYER 300 and SELLER agree to comply with the City of Jacksonville Ordinance Code Section 656.1010. 301 14, MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition 302 until closing, except for normal wear and tear, and SELLER will not engage in or permit any activity that 303 would materially alter the Property's condition without the BUYER's prior written consent. If BUYER elects 304 not to have inspections and investigations performed, BUYER accepts the Property in its "AS IS" condition 305 as of the date of acceptance of this Agreement. BUYER will be responsible for repair of all damages to the 306 Property resulting from inspections and investigations, and BUYER will return the Property to its pre - 307 inspection condition. These obligations shall survive termination of this agreement. 308 (A) Inspection of the Property. Mark (1) or (2) below to designate whether an Inspection Period 309 applies. If neither box is marked, the Inspection Period DOES NOT apply. 310 (1) ❑ No Inspection Period. BUYER is satisfied that the Property is suitable for BUYER's intended 311 use, including, but not limited to, (t) the zoning and any proposed zoning changes for the Property, (tt) 312 the subdivision, deed or other restrictions that affect the Property, (iii) the status of any moratorium on 313 the Property, (iv) the availability of concurrency for the Property, (v) the availability of utilities, (vi) 314 whether the Property can be legally used for BUYER's intended use, (vii) the condition of the Property, 315 and (viii) all other matters concerning BUYER's intended use of the Property. This Agreement is NOT 316 contingent on BUYER conducting any further investigations. 317 (2) n Inspection Period. BUYER may, at BUYER's expense, until 5:00 p.m., on ❑ 318 (date) or ❑ 30 days (30 days, if left blank) after date of 319 acceptance of this Agreement (the "Inspection Period") perform such due diligence on, investigate and 320 inspect the Property, to determine whether or not the same is satisfactory to BUYER, in BUYER's sole 321 and absolute discretion. During the Inspection Period, BUYER may conduct such tests and inspections 322 as BUYER may desire including, but not limited to, appraisals of the Property, title and survey 323 examination, soil testings and/or borings, permitting, municipal lien searches, site plan and other 324 determinations, for BUYER's intended or potential use of the Property. During such Inspection Period, 325 BUYER will be provided access to the Property to, among other things, inspect the Property, determine 326 the condition thereof, verify zoning, conduct engineering and environmental studies, feasibility tests, 327 determine use under zoning or the proposed comprehensive land use plan, test for hazardous 328 materials, and to determine the availability of water, sewer and other utilities. 329 If BUYER determines, in BUYER's sole discretion, that the Property is not acceptable to BUYER, then 330 prior to the expiration of the Inspection Period, BUYER may deliver to SELLER written notice of 331 BUYER's election to terminate this Agreement, in which event the deposit(s) shall be returned to the 332 BUYER and the parties hereto shall be discharged from their obligations hereunder except as provided 333 in this paragraph 14. 334 If this transaction does not close for any reason whatsoever, BUYER shall be responsible to restore the 335 Property to its original condition. Promptly upon the completion of any inspection, examination or test, 336 BUYER shall restore the Property to its former condition. 337 Prior to closing, BUYER shall not permit any liens to be placed on the Property arising from any action 338 of BUYER and if any such liens are placed on the Property, BUYER shall promptly remove such liens by 339 payment or bonding no later than the earlier of: (t) 10 days after demand thereof by SELLER; or (it) date 340 of closing; or (iii) termination of this Agreement. 341 BUYER shall not engage in any activity on the Property other than inspections prior to closing (which 342 inspection rights shall be from the date of this Agreement to the earlier of: (t) closing or (ii) termination 343 of this Agreement even though the Inspection Period may have expired) without the prior written 344 consent of SELLER. BUYER and its employees, agents and contractors shall enter upon the Property 345 at their own risk and SELLER shall not be liable in any way for damages or acts suffered by such 346 parties, VL Page 6 of 10 11/17 Page 83 of 147 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 15 369 370 371 372 373 374 375 376 Agenda Item N.C. 14 May 2018 Upon expiration of the Inspection Period, if BUYER has not terminated this Agreement, the deposit(s) shall become NON-REFUNDABLE and, if BUYER fails to close for any reason other than SELLER's default or SELLER's inability to perform, the deposit(s) shall be retained by SELLER as liquidated damages and will be distributed pursuant to the terms of the'listing agreement and this Agreement. BUYER hereby agrees to defend, indemnify and hold SELLER harmless against any claims, costs, damages, or liability arising out of BUYER's ins pectionlinvestigation of the Property, including costs and reasonable attorney's fees. BUYER agrees to defend, indemnify and hold SELLER harmless from and against all liens on the Property filed by contractors, material suppliers, or laborers performing work and tests for BUYER. The indemnification and hold harmless provisions of this paragraph shall survive any termination of this Agreement. (B) Access: SELLER will make the Property available for inspections and investigations during the time provided for inspections and investigations in this paragraph, and, if not, the time for inspections and investigations will be extended by the time access was denied. (C) Broker's Notice: BUYER and SELLER acknowledge and agree that neither the Listing Broker nor Selling Broker warrants the condition, size or square footage of the Property and neither is liable to BUYER or SELLER in any manner whatsoever for any losses, damages, claims, suits, and costs regarding same. BUYER and SELLER hereby release and hold harmless said Brokers and their licensees from any losses, damages, claims, suits, and costs arising out of or occurring with respect to the condition, size or square footage of the Property. Brokers shall not be liable for the performance by any provider of services or products recommended by Brokers. Such recommendations are made as a courtesy. BUYER and SELLER may select their own providers of services or products. ZONING, RESTRICTIONS, CONCURRENCY, UTILITIES, AND INTENDED USE: BUYER will have the Inspection Period, if applicable, to determine and verify: (i) the zoning and any proposed zoning changes for the Property, (ii) whether there are any subdivision, deed or other restrictions affecting the Property, (iii) the status of any moratorium on the Property, (iv) the availability of concurrency for the Property, (v) the availability of utilities, (vi) whether the Property can be legally used for BUYER's intended use, or (vii) any other matter that could prevent BUYER's intended use of the Property at the time of closing. Neither BUYER nor SELLER may initiate any change to any of the foregoing prior to closing without the written consent of the other party. SELLER warrants and represents that there is ingress and egress to and from the Property sufficient for its current use. 377 16. SUBSURFACE AND ENVIRONMENTAL REPRESENTATIONS. 378 (A) ® NO SUBSURFACE AND ENVIRONMENTAL REPRESENTATIONS. SELLER makes no 379 representations or warranties concerning the environmental condition of the Property or the Subsurface 380 Condition of the Property as hereinafter defined. 381 (B) ❑ SUBSURFACE AND ENVIRONMENTAL REPRESENTATIONS. SELLER makes the following 382 representations concerning the environmental condition of the Property and the Subsurface Condition of 383 the Property. These representations shall survive closing. 384 (i) Subsurface Conditions. SELLER hereby represents to BUYER that, to the best of SELLER's 385 knowledge: (a) there are no man-made adverse physical conditions on or under any portion of the 386 Property including, without limitation, buried debris, human burials or remains, archaeological sites, 387 landfills of any type, or hazardous wastes, and that the Property has not at any time been used for any 388 such purpose; and (b) there are no other adverse physical conditions on or under any portion of the 389 Property including, without limitation, muck, fault lines, sinkholes or other geological conditions or soil 390 conditions adverse to construction purposes ("Subsurface Conditions"). 391 (ii) SELLER hereby represents to BUYER that, to the best of SELLER's knowledge: (a) the Property 392 and all uses of the Property have been, and presently are, in compliance with all federal, state, and local 393 environmental laws; (b) no hazardous substances have been generated, stored, treated, or transferred 394 on the Property, except as specifically disclosed to BUYER or permitted under environmental law; (c) 395 SELLER has no knowledge of any spill or environmental law violation on any property contiguous to the 396 Property; (d) SELLER has not received or otherwise obtained knowledge of any spill or contamination 397 on the Property, any existing or threatened environmental lien against the Property, or any lawsuit, 398 proceeding, or investigation regarding the handling of hazardous substances on the Property, and (e) 399 SELLER has all permits necessary for any activity and operations currently being conducted on the 400 Property and such permits are in full force and effect. 401 17. POSSESSION: 402 J❑ BUYER will be given possession at closing; 403 or 404 ❑ BUYER will be given possession within _ days after the date of closing at no rental cost to SELLER, or 405 as otherwise set forth in paragraph 20 hereof. 406 If neither box is marked, then BUYER will be given possession at closing. VL Page 7 of 10 11117 Page 84 of 147 Agenda Item #8.C. 14 May 2018 407 18. PROPERTY INCLUDES: Included in the Purchase Price are all (if any) fencing, trees, timber, fill dirt, 408 minerals, all as now existing or installed on the Property, and these additional items: 409 410 41119. ADDENDA/RIDERS/DISCLOSURES: 412 If marked the following are attached hereto and made a part of this Agreement: 413 ❑ Homeowners' Association/Community Disclosure Addendum 414 ❑ Coastal Construction Control Line Disclosure Addendum 415 ❑ Short Sale Addendum 416 ❑ Continued Marketing Addendum 417 ❑ Counter Offer Addendum (To accept a counteroffer, BUYER and SELLER must sign both this Agreement 418 and the Counter Offer Addendum) 419 ❑ Other (Specify here) 420 421 20, ADDITIONAL TERMS AND CONDITIONS: No Rroker involved/no hrnker._fPes to ha paid 422 Seiler will have survPV dated March F, 9018 cPrtifiPd to the City of 423 A_tlantir. RParh 424 Inp C'PrrifV Has an active Flnrida Real Fstatg Rrnker'.G licPnsP, however is not involved 425 in this transaction other that to renrosant the Otv of Atlantic Reach as the City MnnnnPr 426 427 428 21. COMPLETE AGREEMENT AND MISCELLANEOUS PROVISIONS: BUYER and SELLER acknowledge 429 receipt of a copy of this Agreement. Except for brokerage agreements, BUYER, SELLER and Broker agree 430 that the terms of this Agreement constitute the entire agreement between them and that they have not 431 received or relied on any representations by Brokers or any material regarding the Property including, but 432 not limited to, listing information, that are not expressed in this Agreement. No prior or present agreements 433 or representations will bind BUYER, SELLER or Brokers unless incorporated into this Agreement. 434 Modifications of this Agreement will not be binding unless in writing, signed and delivered by the party to be 435 bound. This Agreement and any modifications to this Agreement may be signed in counterparts and may be 436 executed and/or transmitted by electronic media, including facsimile and email. Headings are for reference 437 only and shall not be deemed to control interpretations. If any provision of this Agreement is or becomes 438 invalid or unenforceable, all remaining provisions will continue to be fully effective. Neither this Agreement 439 nor any memorandum hereof will be recorded in any public records, For emphasis, some of the provisions 440 have been bolded and or capitalized, but every provision in this Agreement is significant and should be 441 reviewed and understood. No provision should be ignored or disregarded because it is not in bold or 442 emphasized in some manner. 443 In the performance of the terms and conditions of this Agreement each party will deal fairly and in good 444 faith with the other. Written notice to the Broker for a party shall be deemed notice to that party. All 445 assignable repair and treatment contracts and warranties are deemed assigned by SELLER to BUYER at 446 closing unless otherwise stated herein. SELLER agrees to sign all documents necessary to accomplish 447 same, at BUYER's expense, if any. 448 22. TIME IS OF THE ESSENCE IN THIS AGREEMENT: As used in this Agreement, "days" means calendar 449 days. Any time periods herein, other than the time of acceptance, which end on a Saturday, Sunday, or 450 federal holiday shall extend to the next day which is not a Saturday, Sunday or federal holiday. All 451 references to a date other than the date of acceptance shall end at 7:00 p.m. Eastern Time. 452 23. NO OTHER AGREEMENTS AND BUYER'S AND SELLER'S NOTICES: BUYER and SELLER represent 453 that they have not entered into any other agreements with real estate brokers other than those named 454 below with regard to the Property. All notices, requests, and other communications required or permitted to 455 be given under this Agreement shall be in writing and shall be sent by certified mail, postage prepaid, return 456 receipt requested, or shall be hand delivered or delivered by a recognized national overnight courier 457 service, or shall be sent by facsimile, addressed as follows: 458 If to BUYER, to the BUYER's Broker or to BUYER at the address or fax number hereinafter 459 set forth, with a copy to Selling Broker, at the address or fax number hereinafter set forth. 460 If to SELLER, to the SELLER's Broker or to SELLER at the address or fax number 461 hereinafter set forth, with a copy to Listing Broker, at the address or fax number hereinafter 462 set forth. 463 or to any other address or addresses as any party may designate from time to time by written notice given 464 in accordance with this paragraph. Any such notice will be considered delivered: (1) on the date on which VL Page 8 of 10 11/17 Page 85 of 147 Agenda Item N.C. 14 May 2018 465 the return receipt is signed, delivery is refused, or the notice is designated by the postal authority as not 466 deliverable, as the case may be if mailed; (2) on the date delivered by personal delivery; (3) on the date 467 delivered by a recognized national overnight courier service; or (4) on the date of successful transmission if 468 sent by facsimile. BUYER and SELLER give the Brokers authorization to advise surrounding neighbors 469 who will be the new owner of the Property. "Broker", as used in this Agreement, is deemed to include all of 470 Broker's licensees licensed to sell real property in the State of Florida. 471 24. ASSIGNMENT: Mark appropriate assignment provision. If left blank, this Agreement is NOT assignable by 472 BUYER. 473 ❑ BUYER may not assign this Agreement without SELLER's written consent which may be withheld in 474 SELLER's sole and absolute discretion, provided, however, BUYER may assign without SELLER's consent 475 to an entity in which BUYER directly owns a majority or controlling interest or as follows: 476 477 ❑ BUYER may assign this Agreement without SELLER's consent. 478 25, PROFESSIONAL ADVICE; NO BROKER LIABILITY: Broker advises BUYER and SELLER .to verify all 479 facts and representations that are important to them and to consult an appropriate professional for legal 480 advice (for example, interpreting contracts, determining the effect of laws on the Property and transaction, 481 status of title, foreign investor reporting requirements, etc.) and for tax, property condition, environmental 482 and other specialized advice. BUYER agrees to rely solely on SELLER's representations herein (if any), 483 professional inspectors and governmental agencies for verification of the Property condition and facts that 484 materially affect the Property value, and BUYER expressly releases the Broker(s) from liability for each of 485 the foregoing. 486 26. ESCROW DISCLOSURE: BUYER and SELLER agree that Broker may place escrow funds in an interest - 487 bearing account pursuant to the rules and regulations of the Florida Real Estate Commission and retain 488 any interest earned as the cost associated with maintenance of said escrow. 489 27. SOCIAL SECURITY OR TAX I.D. NUMBER: BUYER and SELLER agree to provide their respective 490 Social Security or Tax I.D. number to closing attorney/ settlement agent upon request. 491 28. 1031 EXCHANGE: BUYER or SELLER may elect to effect a tax-deferred exchange under Internal 492 Revenue Service Code Section 1031 (which shall not delay the closing), in which event BUYER and 493 SELLER agree to sign documents required to effect the exchange, provided the non -exchanging party 494 shall not incur any costs, fees or liability as a result of or in connection with the exchange. 495 29. PAYOFF AUTHORIZATION: SELLER hereby authorizes the closing attorney/settlement agent to obtain 496 mortgage payoff letters (including from foreclosure attorneys) and Homeowner's Association estoppel 497 letters on behalf of SELLER. 498 30, FIRPTA TAX WITHHOLDING: If SELLER is a "foreign person" as defined by the Foreign Investment in 499 Real Property Tax Act, the BUYER and SELLER shall comply with the Act, which may require SELLER to 500 provide additional funds at closing. SELLER agrees to disclose to closing attorney/settlement agent at 501 least 10 days before closing if any SELLER is not a U. S. citizen or resident alien. 502 31. TIME OF ACCEPTANCE: IF THIS OFFER IS NOT SIGNED BY BUYER AND SELLER AND DELIVERED 503 TO BUYER AND SELLER OR THEIR RESPECTIVE BROKER (INCLUDING ELECTRONICALLY OR BY 504 FAX) ON OR BEFORE 10 :01 []A.M. ®P.M. 051/011113 (DATE), THIS OFFER WILL BE 505 DEEMED WITHDRAWN. THE TIME FOR ACCEPTANCE OF ANY COUNTER OFFER SHALL BE 506 HOURS (24 HOURS 1F LEFT BLANK) FROM THE TIME THE COUNTER OFFER IS 507 DELIVERED. 508 32. DATE OF ACCEPTANCE: The date of acceptance of this Agreement shall be the date on which this 509 Agreement is last executed by BUYER and SELLER and the fact of execution is communicated to the 510 other party in writing. 511 If this Agreement is not understood, BUYER and SELLER should seek competent legal advice. 512 WIRE FRAUD ALERT. Criminals are hacking email accounts of real estate agents, title companies, 513 settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds 514 to the account of the criminal. The emails look legitimate, but they are not. BUYER and SELLER are 515 advised not to wire any funds without personally speaking with the intended recipient of the wire to 516 confirm the routing number and the account number. BUYER and SELLER should not send 517 personal information such as social security numbers, bank account numbers and credit card 518 numbers except through secured email or personal delivery to the intended recipient. BUYER and 519 SELLER agree to indemnify and hold harmless all brokers from all losses, liabilities, charges and VL Page 9 of 10 11/17 Page 86 of 147 Agenda Item #8.C. 14 May 2018 520 costs theV maV Incur due to anV and all wire transters or wire i truct ons reigung to ine t ans er 0,- 521 issuance of funds. 522 ,�.,. ,! 523 UYER G�� DATE DATE 524 Marital Status Marital Status `mss 525 526 BUYER DATE SELLER DATE 527 Marital Status Marital Status 528 529 BUYER DATE SELLER DATE 530 Marital Status Marital Status 531 532 BUYER DATE SELLER DATE 533 Marital Status Marital Status ❑Mark if any SELLER is not a U. S. Citizen or resident alien. 534 Broker, by signature below, acknowledges receipt of $ ❑ cash ❑ check as the binder 535 deposit specified in paragraph 1(A) of this Agreement. It will be deposited and held in escrow pending 536 disbursement according to the terms hereof, together with any additional binder deposit(s) escrowed by the terms 537 of this Agreement. 538 N/A N/A N/A 539 Company By Title END OF PURCHASE AND SALE AGREEMENT 540 Broker joins in this Agreement to evidence Broker's consent to be bound by the provisions of paragraph 541 12 and 21 above. This Agreement shall not be used to modify any multiple listing service or other offer of 542 compensation made by a Listing Broker. 543 N/A N/A 544 Firm Name of Selling Broker Firm Name of Listing Broker 545 546 Broker's State License ID (BK Real Estate Number) 547 548 Phone for Selling Broker 549 550 Selling Broker Office Address 551 552 Selling Broker City, State, Zip Code 553 By: 554 Authorized Licensee Signature 555 556 557 558 559 560 561 562 563 Printed Name of Licensee Email Address Phone for Selling Licensee Licensee's State License ID (BK or SL Real Estate Number) VL Broker's State License ID (BK Real Estate Number) Phone for Listing Broker Listing Broker Office Address Listing Broker City, State, Zip Code By: Authorized Licensee Signature Printed Name of Licensee Email Address Phone for Listing Licensee Licensee's State License ID (BK or SL Real Estate Number) Page 10 of 10 11/17 Page 87 of 147 Agenda Item #9.A. 14 May 2018 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ord. No. 90-18-234 First Reading Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111, COMMERCIAL GENERAL (CG); ADOP'T'ING NEW SECTION 24-169, PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51, NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. SUBMI'l" I'ED BY: Derek W. Reeves, Planner �X. DATE: April 27, 2018 BACKGROUND: The voters of the State of Florida approved the use of medical marijuana for debilitating medical conditions in November of 2016. Since then the City has had a moratorium ill place on medical marijuana related facilities. The Commission and Community Development Board (CDB) have held multiple workshops on the topic guiding staffs preparation of the proposed ordinance. Please review the attached staff report to the CDB for more detail. The proposed ordinance lists medical marijuana treatment center dispensing facilities as permitted uses in the Commercial General (CO) zoning district. A new Section 24-169 has been created to define the regulations placed on medical marijuana dispensing facilities, including: (a) A 500 foot buffer between, schools, religious institutions, and other pharmacies and medical martivana treatment center dispensing facilities. (b) The properly must have frontage on Atlantic Boulevard or Mayport Road. (e) Customer entrances must be located at least 100 feet from a residentially zoned property. The Community Development Board (CDB) held a public hearing on this ordinance at their April 17, 2018 meeting where they voted unanimously to recommend approval to the Commission. BUDGET: None. RECOMMENDATION: To hold a public hearing and approve Ordinance No. 90-18-234 on first reading and to set the second reading and public hearing for April 9"', 2018. ATTACHMENTS: Ord. No. 90-18-234, CDB Staff Reports REVIEWED BY CITY MANAGER: Page 89 of 147 Agenda Item #9.A. 14 May 2018 Medical Marijuana Ordinance Draft 4/9/2018 ORDINANCE NO. 90-18-234 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24- 111, COMMERCIAL GENERAL (CG); ADOPTING NEW SECTION 24- 169, PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51, NOTICE PROVISIONS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, the voters of Florida and Atlantic:Beach approved an amendment to the Florida Constitution ("Amendment 2") entitled "Use of: ,Marijuana for Debilitating Medical Conditions" autliorizing the use of medical marijuana in the State of Florida; and WHEREAS, the Florida Legislatrn•e, in response to the passage of Amendment 2, adopted Senate Bill 8-A, as is eodified now as Section 381.986, Florida Statutes, which governs the licensure and application process for the growth, processing, administering and dispensing of qualifying medical marijuana in the State of Florida; and WHEREAS, the comprehensive'State licensing and regulatory framework directs that the criteria fol• the number and location of, and other permitting requirements that do not conflict with state law or department rule for dispensing facilities of medical marijuana businesses may be determined by local ordinance; and WHFREAS, the State has provided local jurisdictions with the option to allow medical marijuana treatment center dispensing facilities within their jurisdictional boundaries provided they are regulated no more stringently than pharmacies; and WHEREAS, the City Commission recognizes the desire of its voters to have access to medical marijuana to treat debilitating medical conditions; and WHEREAS, due to the historical prohibition of marijuana, the City of Atlantic Beach does not currently have any land development regulations governing the use of real property for the purposes of dispensing medical marijuana, and such use is not currently permissible within the City; and WHEREAS, in order to promote effective land use planning, the City has considered the potential impact of Medical Marijuana Treatment Center Dispensing Facilities upon adjacent Page 90 of 147 Agenda Item #9.A. 14 May 2018 uses and the surrounding area and the effect of Medical Marijuana Treatment Center Dispensing Facilities on the general welfare of the community; and WHEREAS, the City has conducted public meetings regarding Medical Marijuana Treatment Center Dispensing Facilities before the Community Development Board and the City Commission where residents and interested persons were given an opportunity to be heard and the Community Development Board, after notice and public hearing, has considered this Ordinance and has presented its recommendation to the City Commission; and WHEREAS, the City has determined that Medical Marijuana Treatment Center Dispensing Facilities uses are best suited to particular zoning categories and have formulated land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, or dispensing medical marijuana; and WHEREAS, it is not the purpose or intent of this Ordinance to restrict or deny access to medical marijuana as permitted by Florida law, but instead to enact reasonable restrictions intended to protect the public health, safety and welfare; and WHEREAS, the City Commission now desires to adopt provisions in Chapter 24, Land Development Regulations, to authorize Medical Marijuana Treatment Center Dispensing Facilities in the City of Atlantic Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLAN'TIC BEACH, FLORIDA: SECTION 1. Regulation Amended. That Sections 24-17, 24-110, and 24-11I of Chapter 24, Land Development Regulations, of the Code of Ordinances of the City of Atlantic Beach are hereby amended as follows: a. Section 24-17, Definitions, is hereby amended to add new definitions in proper alphabetical order, as follows: Sec. 24-17. - Definitions. Medical Mai,Uuana Treatment Center means a facility, licensed by the Florida Department of Health that can cultivate process transport or dispense marijuana or marijuana related products in accordance with Section 381.986, Florida Statutes, as amended. Medical MarUtiana Treatment Center Dispensing Faeilily means a facility licensed and operated for the purpose of dispensing medical marijuana, in accordance with Section 381.986, Florida Statutes, and all other applicable local and state rules, regulations and statutes. Pharmacy means a retail store licensed and regulated under Chapter 465, Florida Statutes, where prescription and other medicines and related products are dispensed and sold, but where the retail sale of other non-medical and miscellaneous products may also be sold. b. Section 24-110, Commercial limited district (CL), is hereby amended to read as follows: Page 91 of 147 Agenda Item #9.A. 14 May 2018 Sec, 24-110. - Commercial limited district (CL). (b) Permitted uses. The uses permitted within the CL zoning districts shall be as follows: (1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys, sundries and notions, books and stationery, luggage and jewelry and similar uses; but not sale of lumber, hardware or building materials or similar products. (2) Art galleries, libraries, museums and cultural centers. (3) Medical and dental offices, but not clinics or hospitals. (4) Professional offices such as accountants, architects, attorneys, engineers, optometrists and similar uses. (5) Business offices such as real estate broker, insurance agents, manufacturing agents and similar uses. (6) Banks and financial institutions without drive-through facilities. (7) Convenience food stores without fuel sales, but not supermarkets. (8) Restaurants without drive-through facilities. (9) Drug stot!es and pharmacies-. (189) Government uses, buildings and facilities. (44-10) Child care centers in accordance with section 24-152. (4-211) Residential use not to exceed the medium density category as established by the comprehensive plan. (1312) Mixed use projects combining the above permitted uses and those approved as a use -by -exception pursuant to subsection (c) below. c. Section 24-111, Commercial general district (CG), is hereby amended to read as follows: Sec. 24-111. - Commercial general districts (CG). (b)Permitted uses. It is not possible to list all potential permitted or prohibited general commercial uses within this section, but typical uses permitted within the CG zoning district shall include neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods. Such uses shall not include manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses of a regional nature, or such uses that have the potential for negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, Iight or extremely late hours of operation or other factors that may adversely affect existing commercial uses or any nearby residential uses. Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement or game centers, tattoo or body artists, pawn shops, bingo halls, billiard or pool halls, game arcades, gaming, video poker establishments, computer game centers, or games played on individual machines or computers, including any type of card, token or coin-operated video or simulated games or similar activities or machines which are played for any type of compensation or reward. Page 92 of 147 Agenda Item #9.A. 14 May 2018 Where a proposed use is not specifically listed in this section, the permissibility of the use will be determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts to existing nearby uses. The uses permitted in the CG zoning district shall include the following subject to the limitations as set forth within following subsection (d). Unless otherwise and specifically provided for herein, all business activities, products for sale and services must be located within an enclosed building properly licensed for such use. (1) Retail outlets for the sale of food and nonprescription drugs, wearing apparel, toys, books and stationery, luggage, jewelry, art, florists, photographic supplies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and appliances, office equipment and furniture, hardware, lumber and building materials, auto, boat and marine related parts, and similar retail uses. (2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or dry cleaner, funeral home, printing, radio and television and electronics repair, lawn care service, pest control companies, surf board repair in association with surf shops, but not the production of surfboards, and similar service uses. (3) Banks with or without drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar financial service institutions. (4) Child care centers in accordance with section 24-152. (5) Business and professional offices. (6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be located outside of the adjacent building licensed for such business, provided no obstruction to walkways, parking and internal driving aisles is created. (7) Retail sale of beer and wine only for off -premises consumption. (8) On -premises consumption of beer and wine only in conjunction with a full service restaurant, which is a food service use where unpackaged ready -to -consume food is prepared onsite and served to the customer while seated at tables or counters located in a seating area within or immediately adjacent to the building. (9) Automobile service station with minor automotive repair and with accessory car wash. (Note: Heavy automotive repair not permitted per Ordinance [Number] 90-06-197, adopted 12-11-06). (10) Theaters, but not a multi -screen (exceeding two (2) screens) or regional Cineplex. (11) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as defined within section 24-17. (12) Institutional and government uses, buildings and facilities. (13) Churches in accordance with section 24-153. (14) A single dwelling unit, where such dwelling is an accessory use to the principal use and located within the same building as the principal use. Such dwelling unit is intended to be occupied by the owner or an employee of the principal use. (15) Those uses listed as permitted uses and uses -by -exception in the commercial limited and commercial, professional and office zoning districts. Page 93 of 147 Agenda Item #9.A. 14 May 2018 (16) Residential use, consistent with the comprehensive plan, which permits residential uses not exceeding the medium density category when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the coastal high hazard area. Policy A.1.I 1.1(b). Single-family residential uses within the CG zoning districts existing as of the initial effective date of these land development regulations shall be considered as vested development. (17) Mixed use projects combining the above uses and those approved as a use -by - exception pursuant to subsection (c) below. (18) Pharmacies and Medical Marijuana Treatment Center Dispensing Facilities subject to the requirements of Section 24-169. SECTION 2. Reaulation Created. That Section 24-169 of Chapter 24, Land Development Regulations, of the Code of Ordinances of the City of Atlantic Beach is hereby created to read as follows: Sec 24-169 — Pharmacies and Medical Marijuana Treatment Center Dispensing Facilities (a) Pharmacies and Medical Marijuana Treatment Center Dispensing Facilities shall not be located within 500 feet of the real property comprising each of the following: (1) Another pharmacy or another Medical Marijuana Treatment Center Dispensing Facility, including but not limited to those outside the City limits; (2) Public and private elementary, middle or secondary schools including but not limited to those outside the City limits; and (3) Religious institutions including but not limited to those outside the City limits. (b) Pharmacies and Medical Mariivana Treatment Center Dispensing Facilities shall be located on a parcel with frontage on either Atlantic Boulevard or Mayport Road. (c) Doors and entryways of Medical Marijuana Treatment Center Dispensing Facilities and Pharmacies typically used by customers for access to a building, not to include doors intended to be used solely as delivery doors or emergency exits, shall be located at least 100 feet from a residentially zoned property line as demonstrated by a survey provided upon request by the City. (d) Medical Marijuana Treatment Center Dispensing Facilities shall operate in compliance with Section 381.986, Florida Statutes as amended and any pplicable regulations promulgated by the State of Florida. (e) Pharmacies shall operate in compliance with Chapter 465 Florida Statutes as amended as any applicable regulations promulgated by the State. SECTION 3. Conflict. At] Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; provided, however, should amendments to Sections 24-17, 24-110 and 24-111 be adopted pursuant to Ordinance 90-18-233 prior to the adoption of this Ordinance, those amendments shall be read in pari materia with the amendments adopted by this Ordinance. SECTION 4. Severability. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be Page 94 of 147 deemed severable and removed from the remaining provisions of this Ordinance which shall remain in fill force and intact. SECTION S. Waiver of Section 24-51 Provisions. The Commission hereby waives the current provisions of Section 24-51 of the Code of Ordinances for mailed notice and signage in the adoption of this Ordinance. SECTION 6. Effective Date, This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this day of 2018. PASSED by the City Commission on second and final reading this day of .2018. Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 6 CITY OF ATLANTIC BEACH Ellen Glasser, Mayor Agenda Item #9.A. 14 May 2018 Page 95 of 147 Agenda Item #9.A. 14 May 2018 CITY OF ATLANTIC BEACH (, t. � COMMUNITY DEVELOPMENT BOARD STAFF REPORT ACINDA ITEM 4.13 CASE NO. ORDINANCE 90-18-234 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111, COMMERCIAL GENERAL (CO); ADOPTING NEW SECTION 24-169, PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51, NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. DATE April 6, 2018 STAFF Derek W. Reeves, Planner STAFF COMMENTS The voters of the State of Florida approved the use of medical marijuana for debilitating medical conditions in November of 2016. Soon after the City passed a moratorium on facilities related to medical marijuana while the State and in turn the City could establish regulations for such uses. Following the State's establishment of their rules in the summer of 2017, the City held its first public meeting on November 15, 2017. 'Phis joint meeting of the City Commission and the Community Development Board established the ground work for allowing medical marijuana facilities in the Commercial General (CG) zoning district and that buffers may be required from certain uses such as churches, schools and other similar facilities. The Community Development Board further discussed the necessary buffers at their December 19, 2017 meeting. At this meeting, a recommendation was made for 500 foot buffers from schools, child care centers, churches, pharmacies and other medical marijuana facilities. Additionally, it was recommended that medical marijuana facilities must be located on a parcel with frontage on either Atlantic Boulevard or Mayport Road and that customer entrances must be located at least 100 feet from a residentially zoned property. It was also clarified that such facilities should be limited to dispensing only and not cultivation or production, This recommendation was used to draft code language that was presented at a Town Hall meeting on January 27, 2018. The language was generally accepted and staff began to formalize the ordinance. Another meeting was held March 20, 2018 with the Board to make any final revisions prior to a public heating. At this meeting the 500 fool buffer was eliminated from child care centers due to the lack of quality information on the location of such uses. The proposed ordinance lists pharmacies and medical marijuana treatment center dispensing facilities as permitted uses in the CO zoning district. Pharmacies are removed from the list of permitted uses in the Commercial Limited (CL) zoning district as State requires Medical Marijuana Treatment Centers to be treated the same as pharmacies. Definitions have been added for Medical Marijuana 'Treatment Center, Medical Marijuana Treatment Centers Dispensing Facility and pharmacy. Finally, a new Section 24-169 Page 96 of 147 Agenda Item #9.A. 14 May 2018 Page 97 of 147 has been created to define the regulations placed on pharmacies and medical marijuana dispensing facilities. 'These regulations include: (a) A 500 foot buffer between, schools, religious institutions, and other pharmacies and medical marijuana treatment center dispensing facilities. (b) The property must have frontage on Atlantic Boulevard or Mayport Road. (c) Customer entrances must be located at least 100 feet from a residentially zoned property line. (d) That medical marijuana treatment center dispensing facilities must comply with applicable State Statutes. (e) That pharmacies must comply with applicable State Statutes. The map below is a visual representation of the 500 fool buffers and the resulting available parcels for future Medical Marijuana 'Treatment Center Dispensing racilities and pharmacies. This is a current representation as pharmacies, churches, etc. may open or close over time. The solid red parcels where a dispensing facility or pharmacy could open. Note that some parcels shown do not currently have frontage on Mayport Road, but they could through property assemblage. 500 Foot Buffer from Existing Schools, Pharmacies, and Churches N w+E S Legend Existing schools 0 Parcels VMhfn 500 feet of a school - Existing Churches ® Parcels within 500 feet of a Church - Existing Pharmacies Parcels within 500 feet of a Phamocy Soo Foot Bulrer - commercu General MIR 1 Page 2 of 2 Page 97 of 147 Agenda Item #10.A. 14 May 2018 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: WAIV 18-0004 Public Hearing Request for a waiver as permitted by Section 24-46(d) to waive the prohibition of tattoo artists within the Commercial General zoning district as required by Section 24-111(b) at 1021 Atlantic Boulevard, Unit 983. SUBMITTED 13Y: Shane Corbin, Community Development Directory ? DATE: April 27, 2018 BACKGROUND: The applicant is Gianefer Ross who is proposing to add a cosmetic permanent makup component to her existing beauty solon business at unit 983, 1021 Atlantic Boulevard. The property is located in a multitenant commercial center with LA fitness as the major anchor business. Permanent makup is a cosmetic technique that uses tattoos to mimic makeup in facial areas such as the lips, eyelids, and eyebrows. A waiver is required for a cosmetic permanent makeup business because of the use oftattoos which are expressly prohibited in the General Conunercial (GC) zoning district. Section 24-111 (a) is the Intent section of the GC zoning district and states in part, "... Uses shall also not include.,. lalloo or body artists... ". This specific prohibition means a use -by -exception is not possible and the prohibition must he waived by the City Commission. This code provision was added in 2010 as part of a larger code update. BUDGET: None. RECOMMIEWDATION: To consider waiver request WAN 18-0004. ATTACHMENTS: WAIV18-0004 appliention. REVIEWED BY CITY MANAGER: i Page 99 of 147 Agenda Item #10.A. 14 May 2018 WN U 1 P---) -_ () () 04 APPLICATION IF OR LAND DEVELOPIVIE NT REGULATIONS 'WAIVER City of Atlantic Beach ' 800 Seminole Road - Atlantic Beach, Florida 32233 Phone: (904) 247-5826 • FAX (904) 247-5845 - http:/hvWw.coab.us Date file No. Receipt Section 24-46 (d) perndls the City Commission to authorize limited Waivers, on a case-by-case basis, from a specific provlsion(s) of these Land Development Regulations when it is demonstrated that compliance Will, such provisions) Would be unreasonable, in cmlfiict n4th the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provisions) of this Chapter shall be provided, Which conforms to tlse general Intent and spirit of these Land Development Regulations. In considering any request for a Waiver from these Land Development Regulations, tine City Commission may require conditions as appropriate e. casae that the intent of these Land Development Regulations Is enforced. A Waiver shall not modify any to requirement or term customarily considered as a Variance or ally requirement or term prohibited as a Variance, and shall be considered only in cases where alternative administrative procedures are not set for tine within the City Code of Ordinances. I. Applicant's Nome 1 /rlv I415 �- 2. Applicant's Address Q (. 17 L VP SiA 1, lO �- 3. Property Location 8 All �jLyp r" C-A^H � �Zl�� 4. Propos ty Appraiser's Roal Estate Number V S — U V " B 7 L� q �„ l tl � 5. Current Zoning Classillention �(- = 6, Connprehensivo In Future Land Use designation 7. Requested provision(s) front which waiver ig soUgltt;__ 511 E _ . H. Size of Pnrcel _ 61) A --9. Utility Provider 10. Provide nil of file following Information A- Proof of ownership (deed o- cortiffente by lawyer a• abornet company ar title company Out verities record owner as above). If the npplienut is not the owner, A letter of nuthorizntion.from the owner(s) for appliennt to represent the owner for nil purposes related to this application spsl beprovidea. b. Survey and legal description of property. e. Required number of copies (2) d. Application Tee ($250.00) I NE'10,11Y CERTIFY THAT ALL INFORMATION PROVIDED WITHT1118 APPLICATION IS CORRECT: Signature of owners) or nuthorizzed person if.}owwnee/l- s Authorization corm is attached: Printed or typec�•nnnte(s): Signature(s): 3j Page 100 of 147 Agenda Item #10.A. 14 May 2018 ADDRESS AND CONTACT INFORRIAT1ON OF PERSON TO RPCEIVF, AI,I, COIUtESPONDLNCC REGARI1ING T111S APPLICATION Nnmc:n pt� 715 ` Moiling Address: 7 Z cl khollc: �T a. T0, Statement of facts autl Any special reasons for the requested Waiver, which demonstrates complianee with Section 24-46 (d) Of the Zoning and Subdivision and Land Devclopinenl Regulatials and specifically describin how the request colo lies with the Conditions necessar fel the lit Commission n approve this 1'eq liest. Please attach additional pages if heeded, V.4nr xlrl .1L: �, Page 101 of 147 *Al.,- q? BOLA - Alloldfo Villop 983AIlualluftlavor0gulta, Wd Alfalfa n000h, Floildn k233 lul .1 '14 E- t�JD j Agenda Item #10.A. 14 Mav 2018 Page 102 of 147 Agenda Item #10.A. 14 May 2018 FOUR S JACKSONVILLE LLC STUDIO LICENSE AGREEMENT KIS STUDIO LICENSE AGREEMENT ("Agreement') made this 28 day of A ft)4 , 2017 by and between Four S Jacksonville LLC, a Delaware limited liability company (hereinafter "SOLA"), whose address is 1300 Baxter Str et, Suite 421, Charlotte, NC 28204; and 1 ao C- r 703 5 (hereinafter "Licensee") whose address is 3%0 30 st. S f 4T , CtSOAI1111,L : � r 2 327-sU RECITALS: WHEREAS, SOLA is a limited liability company incorporated under the laws of the State of Delaware which licenses the rights to operate within individual studio spaces within certain premises (the "Leased Premises") leased from Atlantic Village/Equity One ("Master Landlord") in a space commonly known as Sola at 983 Atlantic Blvd. Atlantic Beach, FL 32233. WHEREAS, Licensee is duly licensed by the State of Florida Department of Business Professional Regulations, Board of Cosmetology to perform beauty care services to the public pursuant to theicense No. CE 10010 issued on the Si day of Oc4,vlo er , WHEREAS, SOLA desires to grant Licensee a limited, revocable license to use a studio within the Leased Premises. NOW, THEREFORE, in consideration of the mutual consideration as set forth herein, the parties hereby agree as follows: AGREEMENT License. SOLA hereby licenses Studio # t C7 (the "Studio") to Licensee under the terms and conditions of this Agreement, together with the non-exclusive rights to use the common areas leased to SOLA under the Master Lease and the common areas in the Leased Premises, which include the hallways, vestibule, coin-operated laundry and break room, and bathrooms. 2. License Fee. Licensee agrees to pay a License Fee for the license to use the Studio in the amount of$ 7 Z� per week ($ A;" 7% Florida Sales Tax) for the first twelve (12) months and $_7 _Z',-, per week (VCS -+- 7% Florida Sales Tax) for months 13 through 24. Licensee Page 103 of 147 Agenda Item #10.A. 14 May 2018 shall pay to SOLA the License Fee due for the Studio on or before the close of business on each Friday prior to the ensuing workweek by recurring electronic funds transfer from Licensee's bank account. 3. Term. The license granted hereunder shall be for a to (the "Term") of ��months, commencing on the ` 6 day of � ")5+ p! , and tenninating at midnight on the --i3 day of , oa , X011. Nothing contained in this paragraph shall be construed to limit SOLA's right to terminate this Agreement sooner than expiration of the Term in the event of Licensee's default hereunder. Use. Licensee agrees that the following services, and only the following services will be performed by Licensee, and by no other person, in the Studio (the "Permitted Use"): (check as applicable) ❑ hairstyling ❑ haircutting ❑ haircoloring Pinanicures ❑ pedicures ❑ waxing UK' massage t facials Id�t�h�� er: (describe here) t,y'fher services or uses shall be permitted without SOLA's prior written permission, and are specifically prohibited (for example, operation of tanning beds and spray -on -tanning are prohibited) 5. Damage Deposit. Upon execution of this Agreement, Licensee shall pay two weeks Damage Deposit in the amount of $ . The Damage Deposit shall be refunded to Licensee within thirty (30) days of the termination of this Agreement and or any renewals, provided however, Licensee is not in default of any obligations herein and has not damaged the Studio or Leased Premises in any manner. SOLA will deduct any damage and/or default damages from said Damage Deposit. The Damage Deposit may not be used as the final License Fee payment due under this Agreement. SOLA need not segregate the Damage Deposit from its other funds or hold them in any type of Trust Account; but may, at its discretion, commingle the Damage Deposit said deposit with its other funds. 6. SOLA's Obligations. a. The Studio shall include a chair, cabinet, sink and phone/internet jack. b: SOLA shall pay for all ordinary electricity, heating, water, cleaning of common area, cooling and lighting used in the Studio and the Leased Premises. In the event of excessive use of utilities other than as contemplated in the Use section hereinabove, Licensee shall be in default of this Agreement and shall be responsible for such charges. 7. Licensee's Obligations to SOLA under this License. Page 104 of 147 Agenda Item #10.A. 14 May 2018 a. Licensee shall, at his/her own cost, register the Studio as a salon with the Florida Department of Business Professional Licensing, Cosmetology Division, if required. Licensee is responsible for any violations and monetary fines issued by the Cosmetology Division and license shall promptly reimburse SOLA for any amounts paid on Licensee's behalf. SOLA is not responsible for professional compliance and is not liable for any actions taken by the Cosmetology Division, including closure of your studio and/or salon. b. Licensee may contract directly with local telecom/cable companies for Licensee's phone/internet line and phone set. The telephone/internet receptacle (jack) will be furnished by SOLA. Licensee agrees to have all bills for phone service sent to Licensee and pay all phone charges when due. c. Licensee shall, at his/her own cost, maintain a public general liability insurance policy written by a recognized insurer licensed to operate in Florida in an amount of at least $1,000,000.00. Said policies shall name both SOLA and Atlantic Village Equity One. as additional insureds and loss payees and must provide notice by such insurance carrier of cancellation not less than thirty (30) days prior to the effective date of such cancellation. Such policy shall be on a form as approved by SOLA, said approval not to be unreasonably withheld. Licensee shall, at his/her own cost, maintain a Professional Liability insurance policy covering, inter alia, injuries and/or property damage to the customers of Licensee in an amount of at least $1,000,000.00. Said policy shall name both SOLA and Atlantic Village Equity One LLCas additional insureds and loss payees and must provide notice by such insurance carrier of cancellation not less than thirty (30) days prior to the effective date of such cancellation. Such policy shall be on a form as approved by SOLA, said approval not to be unreasonably Withheld. e. Licensee shall keep the Studio clean, serviceable and attractive at all times. Licensee shall pay for all damage to the chair, cabinet and the Studio and the Leased Premises (including, but not limited to glass breakage) caused by Licensee and/or Licensee's customers that exceeds ordinary wear and tear. f. Licensee shall have open and unlimited access to the common areas and the Studio 24 hours a day, seven days a week, during the Term and shall have a set of keys and/or security card/device to gain admission. Licensee shall be responsible for all costs incurred by Page 105 of 147 Agenda Item #10.A. 14 May 2018 SOLA in replacing/recoding lost keys or security devices for the Leased Premises and the Studio and others should these keys/security devices be lost or damaged by Licensee. Licensee shall be responsible to maintain his/her own time schedule for performing the Permitted Use and be responsible for the purchasing, delivery and storage of the supplies and materials to be used in the Studio. Licensee recognizes that SOLA will be licensing similar studios within the business space of Sola Salon Studios and agrees to secure and properly store his/her own supplies. The parties specifically recognize and agree that SOLA IS NOT BE RESPONSIBLE FOR THE LOSS OF OR DAMAGE TO EQUIPMENT, TOOLS, SUPPLIES, MONIES AND OR NEGOTIABLE INSTRUMENTS OF LICENSEE. g. Licensee agrees to abide by the Rules and Regulations promulgated by SOLA from time to time, a copy of which has been delivered to Licensee. 8. Alterations. No alterations may be made to the Studio or the Leased Premises without SOLA's prior written consent, including, but not limited to, painting of the Studio. Alterations which comply with SOLA's Design Criteria shall be approved by SOLA, upon request of Licensee. All contractors performing work at the Studio shall be approved in advance by SOLA and Licensee shall keep the Leased Premises free from liens of any kind, and shall be required to bond over any lien filed relating to work in the Studio within 24 hours of notice from SOLA. Licensee shall be responsible for any damage other than ordinary wear and tear to the chair, cabinet, sink and phone jack in the Studio. Assignment and Subletting. Sola shall be free to assign any and/or all interest in this Agreement at its sole discretion and without the consent of Licensee. Licensee shall have no right to assign the Studio or its rights hereunder to any person. This Agreement is personal in nature to the Licensee and Licensee may not sublet or share the Studio under any circumstances. Further, only one (1) stylist per chair will be allowed in the Studio at any given time unless advance written consent is given by SOLA. 10. SOLA's Option to Relocate Studio. Sola reserves the right to relocate Licensee to another studio within the Leased Premises at any time during the Term at SOLA's expense; however, SOLA shall maintain and provide to Licensee the approximate same square footage in the new studio as in the Studio. Should Licensee desire to move to another studio, such move will only be made with SOLA's prior written consent, and then only upon the execution of a new Agreement at the then -prevailing rates. Page 106 of 147 Agenda Item #10.A. 14 May 2018 11. Relationship of the Parties. SOLA is only licensing space for the Licensee to operate the Permitted Use; the conduct and control of all services performed will lie solely with the Licensee. Licensee is not considered an agent, independent contractor, or employee of SOLA for any purpose, and is not entitled to any benefits that arise out of an employer/employee relationship. The parties further acknowledge that (1) SOLA does not have the right to control how the services permitted as a Permitted Use will be performed but may reserve the right to control what services will be operated in the Premises in keeping with the Master Lease, zoning, and standard of quality ofthe Leased Premises and SOLA, (2) Licensee pays SOLA for the Studio; however SOLA is not paid any percentage of the Licensee's receipts, and (3) Licensee has the freedom to set his/her own prices and work schedule. 12. Liability. Licensee assumes all responsibility and covenants to hold SOLA harmless and indemnify from all liability for damage or injury to persons or property and to Licensee, Licensee's business (or any loss of income there from), merchandise or other property of Licensee, Licensee's employees, clients and customers or any other person in or about the Leased Premises together with attorney's fees and costs. 13. Default. The occurrence of any one or more of the following shall constitute a material default and breach of the Agreement by Licensee: a. Failure by Licensee to timely make the License Fee any payment required to be made by Licensee hereunder. b. The assignment of this Agreement by Licensee or the transfer of any portion of Licensee's interest in this Agreement without the prior written consent of SOLA; or, the sublet or the studio under any circumstances. c. The loss or suspension of Licensee's professional license. d. The receipt by SOLA of notification from any insurer that the various insurance coverages required herein will lapse. e. The voluntary filing for relief and the Bankruptcy Laws by Licensee or the involuntary filing of bankruptcy against Licensee if such involuntary filing is not dismissed within thirty (30) days of such filing. f. False or misleading statements in the rental application filed by Licensee with SOLA. Page 107 of 147 g. Death of Licensee. h; Violation of any other term and condition of this Agreement, including the Rules and Regulations. 14. Remedies. On the occurrence of any default by Licensee, SOLA may, at any time thereafter, with or without notice or demand and without limiting SOLA in the exercise of any right or remedy provided by law: a. Terminate this Agreement in which case Licensee shall surrender possession of the Studio and the keys to SOLA, and deliver the Studio in broom clean condition within 48 hours of the time notice of such termination is given, If Licensee fails to surrender such Studio, SOLA may take possession of the Studio, and all supplies, materials and tools of the Licensee located in the Leased Premises shall be deemed abandoned. SOLA may dispose of such property in accordance with applicable Florida law. SOLA shall be entitled to recover from Licensee all damages incurred by SOLA by reasons of Licensee's default. b. Pursue any other remedy at law or equity available to SOLA under the laws of the State of Florida, 15, Attorneys Fees. Should any dispute arise hereunder, the parties agree that the prevailing party shall be awarded, in addition to any sums or the relief ordered by the Court, reasonable attorneys fees, court costs, and the expenses of suit. 16. Option to Renew. Licensee shall have one option to renew this Agreement after the "Initial Term" provided that Licensee is not in default of any provision of this Agreement and provides written notice to SOLA at least sixty (60) days prior to the date of expiration of the Term (the "Option"). The Option shall be on substantially the same terms and conditions as set forth herein except that the License Fee shall be at the rate then in effect for studio space in the Leased Premises. If the Option is exercised, the parties will enter in to an Amendment of this Studio License Agreement memorializing the terms. 17. Miscellaneous Provisions. a. In the event of any litigation arising out of this Agreement, the parties stipulate and agree that venue will be had in any Court.of competent jurisdiction in Duval County, Florida and that the laws of the State of Florida shall apply. Agenda Item #10.A. 14 May 2018 Page 108 of 147 b. This is the only agreement between the parties, and there are and were no verbal representations, warranties, understandings, agreements or promises pertaining to this Agreement made by either party, except as set forth herein and except as listed, in SOLA Rules and Regulations which may be promulgated by SOLA from time to time and are, by this specific reference, incorporated herein. All amendments to this Agreement shall be in writing and signed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement in Duval County, Florida on the day and year first above written. FOUR S JACKSONVILLE LLC By (Signature (Title) (Print name) LI E By liA W (Pn0L- (Sign! re) (Title) Lc ' uus (Print name) (Signature) (Print name) (Title) Agenda Item #10.A. 14 May 2018 Page 109 of 147 Agenda Item #10.A. 14 May 2018 Date Paid: Thursday, March 22, 2018 Paid By: EQUITY ONE ATLANTIC VILLAGE IN Cashier: BA Pay Method: CREDIT CARD 6 901"N Printed: Thursday, March 22, 2018 4:29 PM 1 of 1 lih tears Page 110 of 147 Agenda Item #10.A. 14 May 2018 Is hppeby Mtl�iorpl.ct! to �t t Lin,bth;�,lf of �--- � ilio �awrccr�5� irC tlroa�e lo.nd� cl4gcsltrul �rri 19i7n 1110izltn[:hsx4 s li la�+t�, retl ELI d�F,atiLvc+J irl lilc aitucfierJ dctt l Ut �i dlOr � '14 lyr��uE' of 04�YI5tr�}Ii�? ltd 6tyt1 114 Qa':g[Or' l n upl,lyillK f6 tlto Fitly of Athillti� ll�tt4.1i, .t la.iri4lii� fsi� nit npy�9i. a1il�5u �(:Ikad kcy w Develupm:'Sil 11eTintir or olhur utlort llumml Ke ,j zoning Vui;lncm j c., ,mpmtirnsivp Plan Anke�llrrt��i I;r hY t?zcepli,,;ir ;xmmllg Mbp Ama-10 got Ilai;ding llc�rnll (] Floe; tih 10; or I -M MOO" - 'ilk i'6rinit ❑ d'ccac !'tctttlt (}Lilnr "Print t, itmo ' Noir Nnnrc • �'t int--; - Via, _ _� slot uf •'I;'clt;�hrrzie 1�uraibcr j' q .l nwii to .a►rrrrikfmc,w.4,iiyhjx Ila vo Page 111 of 147 Agenda Item #10.13. 14 May 2018 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT A(-MNDA ITEM: PLATI8-0001 Public Hearing Request for plat apptoval as requiter! by Chapter 24 Article 4 of llre Cocle of Ordinances within the Residential General, Alidtl fandlj, zoning dislricl at RE11 172137-0000, 172140-0000 and 172136-0000 (previously known as 110, 120 crud 0 Jackson Road). SUBMITTED BY: Derek W. Reeves, Plannel�� DATE: May 2, 2018 BACKGROUND: The applicant is Allison Forsyth, the owner of the 125 foot wide by 125 foot deep or 0.36 acre vacant property on Jackson Road. The applicant is requesting to have the property platted into four lots, with a two-family structure on Lots I and 2 and another two family structure on Lots 3 and 4. The property to be platted is located within the RG -M zoning district which allows two family (duplex) and townhome- structures, subject to density limitations, This property is located within ilia Future Land Use category, Residential High (RH), which allows up to 20 dwelling units per acre. With approximately 0.36 acres, the property could have 7.2 dwelling units, The applicant is only proposing four units, which is well below the 7 units possible. Additional requirements include the Section 24-88(a) requirement for a minimum of 2,175 square feet of lot area for duplexes and townhoines in the RH Future Land Use category. Each of the four proposed lots are 31.25 feet wide by 125 feel deep for a total of 3,906.25 square feet. This far exceeds the minimum required. The Community Development Board (CDA) reviewed this plat at their March 20, 2018 meeting where they voted 4-1 to recommend approval of the plat with the condition that staff work with the applicant to finalize language for an casement along Jackson Road. The easement language has been worked out so that the owner will grant a ten foot wide right of way and utility casement chat may be used by the City for right of way, pavement, sidewalks and utilities with an additional five foot easement (15 feet total) for utilities only. Stall'is requesting that the Commission include a condition for approval to require the applicant to provide and record the easement and Covenants and Restrictions, on the platted lots that may include a stor►nwater management plan as if required by the City. BUDGET: None. RECOMMENDATION: To hold a public hearing and approve PLATI8-0001 with the condition that the applicant provide and record the easement and the Covenants on the platted lots that may include a stormwater management plan if required by the City. ATTACHMENTS: Proposed plat, 0 -ant of Easement and Covenants, PLATI8-0001 Application, CDR Staff Report. REVIEWED BY CITY MANAGER: ✓ 4 __ Page 113 of 147 Agenda Item #10.13. 14 May 2018 Page 114 of 147 Sc, I I 3 m�r ,.cscun«� gym >�€ c+� r 3.es.caraai � 4:.°30 ,obsn ,,c;.cacav s W mzxQa -la" °b €6>y� oQox-oma gs8a'3 <J m r4. % azs m 9 uVzi€ S -ca=€E n i£ �` o €So€ 0�o`7.e n O w �Eeao to mNm<ambm <h c-?�a w �<z��«� c mr'� a°ate E3o�Q3aa-�� ,q3<'> €N«r F� T55< a z. ., �>t 5�€��= scS 0<�o 7oig ms �a o w� i�(F(;;z mW €'gym - U �d<ao Z -.2 a° w o« a yiz°EQFQi m� zvZaZ€ z N{-iF<<P°S2m = fm2 em en<az-°§�-- �mw azo n � � Flo L.'aW EfoK�' 6o�w �- e �� aa ig NaG m r,%Nm�mN v €'maFp i,00'SZI Al_95,f0.00S v n AN y � I E3d m ap �' s �� s� pow s m m xff 8t '.`rna <,. <"'Sm� I m vai �z iotn m mgt N rc r`o o`, ��Va 3 m i1f13 'Qb Yu€ �ttTF� DO -- o ma �wz oa �o p ',00'SZ4 Q rtw _ 3.9S.f0.A31 a�,rc aJ J3llOR €�--------------- 1wV -----'--a < z -- i Ja Ob Z ` I N§ US �x Ua i 45om �`1 5> o i tLii Zli" r `. JIT } w N zoaU�GS vzu <o m�� T oo�o ^ -�z °opo NWNz>a i1�1. `sow LLam< 3<,i,5.5 7 it mini <o om�o na<m< x` m o-t-_+-� } 1 s i1t ' QaFo o�aZ �S V l Ti -7E ^,,•''her��{.?!rl .ij j t2y' 3wm F�noN iA- i�Y}`\r) rwZ m z¢O�i. zg`° Ozs�d> o >;r3F U 3r ! il# www9. zWwLL5{�-I-fl; mo €<Wo { I oNS wo m 3zE No4 =�� o;�Nms �En e new imama m F� p- w zi iSr�; r/ 4 `1 m� x o� �� m ow a�zoI w 1z m m u � 4 oN< �o <k5 rc�zz F��<<o 0. q� Glzi�z 00 -"" max wffi a L me Nr111Li Page 114 of 147 Sc, I I 3 m�r ,.cscun«� c+� r 3.es.caraai � I I o� ,obsn ,,c;.cacav s Page 114 of 147 Agenda Item #10.13. 14 May 2018 -Oct) ( APPLICATION FOR REVIEW OF SUBDIVNION CONCE PT PLAN City of Atlantic Beach - 000 Scmh,ole Road • Atlo fle Bench, Florida 322335445 Phone: (904)'247-5800 • FAX (904) 247-5005 - Irtip:Mvww.conb.us Date darJO�Pt' g� A01 8 File 1. Applicant's Name U r q,iIII d.. Yl t i Sa n W, F. S N 2. Applicant's Address s- (VI, 'r1 �A 3. Property Location l f� I'd6 elat/4so✓i r4 of - /9,�d� CGS 4. Property Appraiser's Real Estate Number 5. Current Zoning Classincatlon p G ` M 6. Comprehensive Plan Future Lund Use designation Srnry1 7. Size of Parcel / J -S " Y, oc Applicatioit fee of $150.00, as established by Section 24-69(7)c, inust be included with this application. I IIEREDY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized /person if owner's authorization form is attached: Printed or tytied namc(s): 1l (I 1/1 1 fS o n A% / u / 5 q, Signaturo(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDINGTWS APPLICATION Name: All Bd r� 16v 6_N—d' Malting Address: M8 �l '� W , ' ",AA M& '14 , r� /d� G d Phone: qbq• �t6 .,�-4�FAx: E -mall: Q,4ors Il-lod ad. Page 115 of 147 Agenda Item #10.13. 14 May 2018 January 8, 2018 To. (City of Atlnutic Beach Nnnnr uag and Zoning Deparrtinent, Bunnlalirmg Deparam east, utality armd Puublie Worrlm Department and other (City Staff From: Virginia "Allison" W. Forsyth Re: Subdivision Concept Plan for 110, 120 Jackson Rd. and Adjacent 20'x 125' parcel Pursuant to the City of Atlantic Beach Code, Chapter 24 — Land Development Regulations, Sections 24202 through 24-204, enclosed please Find my application for review of a subdivision concept plan as it relates to property on Jackson ltd. in Atlantic Beach. The property to be reviewed includes three separate parcels 1 purchased in June 2017 each identified as follows by the Property Appraiser: 1. 110 Jackson Rd. - 172137-0000 2. 120 Jackson Rd. - 172140-0000 3. Wasteland parcel --172136-0000 The only part of the waste land parcel that is a part of this review measures 20' x 125' alongside and immediately adjacent to 120 Jackson Rd. While it continues for 35'x 95' continuously to Ardella Rd. and 95'x 10' eastward behind the properties at 130 Jackson Rd. and 140 Jackson Rd. those parts are not part of this review. The property that is subject to this application is only the segregated 125' x 125' parcel outlined on the enclosed survey, and outlined on the enclosed proposed re -plat named "Jackson Place". Page 116 of 147 Agenda Item #10.13. 14 Mav 2018 ugig Ny Si ui NNtw t 1, i l.. O. o f . G N D W Q 4 cL m e N fn �o goo 49. a S7 i7 n nv fViIL S4IYIiSr��i1.�L} EF �A w J ry M Y I!''fQOj It v 1h�U�U oCN' � Ij OWSI{ 1" UI OOf t lid A 0 0 0 0 • pJ 0 j � 1 �gg � '� a �Tt� � 59 .gyp � o F1 n W o N a5E�4 .3 Gi 0 gag i G 10 0 o chi a o 0 C x Ja Y1 V V � p M,Qp1 'S y�}iEJ. NEX aN 6 ©� 8�'OD.v; $ 3 d 3 o� a Z �! i� i i Q.1FSE� •12 a i{n Tv p rz y[ lL p rU E 6 PE Om V i� cJcw V.o o'a �p 4 n v g nEfgE r- m U i• { ( I y U O••b (0 y M O1 pO 7 Oe�ai1 �. A 'Nf`1f s q E€ e o �vE 3, w �r s� ods p�� .20 0 in M hl Olu�I- �7I'4b m I�Sio ll o t--'U In g o Q U a R>Z N_. _. _.... Page 117 of 147 Agenda Item #10.0. 14 Mav 2018 Cj $ imp m V ry� a gQ' Q �ll�loim�� o Hill 10 _p 'SCS JJ A c 1� EI�[I�IS 1�� A f0 7I J_6 6�• �� p� 9 •O d Vii Vw1 H YE 16 0i i N C + C 4 .ib1 9 j c Wp }j E E v1 '" $ v[y-' .N0N� c tctuu r� 'm m fco a [ao BCCI 3e p3 Lra a a 4 o i u uiz Ci$3da3 �V3 �j EVE. � p o I n ! 6 I LL d W p 6 0 0 0 0 0 0 ,•� Q cn lryM gg}Ntl}tl�� nY1py ii.NQ� O Oi{4J O�tU 13W�ii .•CEJ �p�j 0. w[c p'@p, mNM aS �gj' Q % N .�- .Ni �r nt C 'd app ',0G T .9 �b EF E C��111 g a A [ o KARR `U •� > U D. or"�' S n+ ;v e a ai' to m m as .,[ '° o • a �o '� [o 0 8 n LIG fpxpt �'�h u�)11- N )( `� S q� M$ j o (p 7 n o © i t7 a 4LlF�I �'�� N. PD �tOFio :1"c�i.-o �1 .�1 �Z N�'� _ Page 118 of 147 M 0 °g P M M �,O � p c t� o N EOM wL) ro N � � o Agenda Item #10.6. 14 Mav 2018 Page 119 of 147 0 '0 N a f•1 8 F1 8 0B C Q o v 0 oio L i>>> 7> O ' T r$5 V o 0 M M Cai � _N yO7 o Agenda Item #10.6. 14 Mav 2018 Page 119 of 147 f•1 8 F1 8 0B C Q o v 0 oio L i>>> 7> O ' T r$5 V o 0 M M Cai � _N yO7 O g F Tnc� F 6C� c o o� a Q CL rn@gL ro o A SEE xx N yy ryrry J, Q C CA M je e ..1 0 pado v� +y ryCry /C/JJ N ryCry Tn C C C � ((EJJ U V C E N N n � O .G�ol CO ��.Bv e•� to u 0 �p�E ro I-E { 'n �- i Vyi qaq11 O N ns a C J ,V W C o P a 0 0 0 0 0 0 o m �m Agenda Item #10.6. 14 Mav 2018 Page 119 of 147 f•1 8 F1 8 0B C Q o v 0 oio w� i>>> 7> C r$5 V o 0 M M �i 6C� c o g a Q v a»=tea ryrry J, Q C pi ..1 0 s' v� +y ryCry /C/JJ N ryCry Tn C C C � ((EJJ U V �Fcl'i33pp (��,zn I � � 0 3 S Cn qaq11 O N o C o P a 0 0 0 0 0 o [J $ i V V h OI �r.� y �[4n�v o`ol rT [V[VV ti zaO I a' Agenda Item #10.6. 14 Mav 2018 Page 119 of 147 Agenda Item #10.13. 14 May 2018 I MAP SHOWING SURVEY OF PART OF LOT 15, E.N. 0011NER5 SUBOMSION, PIAT BOOK B. PAGE 4, OF THE CURRENT PUBDC RECORDS, DUVAI. OWNtt, TE G.AND B.NG NOR PARTICULARLY DESCRIBED IN T14AT WARRANTY DEED RECORDED IN DEED BOOK 1720, PACE 216,OF 7HE CURRENT PIBLIC RECORDS OF DUVAL COUNTY, FLORIDA, LESS AND EXCEPT THOSE PARTS DESCRIBED 84 i OFFICIAL RECORDS BOOK 384, PAGE 507, OFFICIAL RECORDS BOOK 930; PAGE 77. OFTACIAL RECORDS BOOK 3028, PACE 194, OFFICIAL RECORDS BOOK 3067, PAGE 118 AND OFFICIAL I RECORDS BOOK 3161. PACE 473. j I I - "- _ NORIN UNE OFf '� CKSON ROAD - JACKSON ROAR AJ Pi�Ai - '(10' Au£Y PER PO�nNTiOF BEGIN IrNG - I EASTERLY125.00 � —I �� v, 50 515d R,a 12G•�8----------I-- 1 1 I I N� I of 1517 PG 36} Cfld 11 FG De /]2G FG B2 1 OP9 101b PG 115 191095PO 354 n [A�') PC HB OflB 1161 PG n] I I GO 1 I 7 I 1 I z I I f I I I I o EASTERL 105 O -J Wits' b M1^ 2)Op0j0.R4 I,svr �' rY 3 RE jn155oo0o . , 62 WESTERLY T WESTE 125.00 P�_Ir 'Ts a<r �a>r�;90.00' 5 ' V E' OPD 1 � u' - i O 0.CPoA RF£0 p5 41]21190.Y @@ N N PG 500 E. OPSW I 76 Pc 194 - OHB 950 PO iT 4I ai[' I - ��}y�IX��i6ww3 O o m [Fe PG Poi 1. PG ]i � J Ok0 10)1 CNH S)2D PG 500 ltrn J 4t9 9I0� 1339Sm ml PC 19{ m � � I � IPG I N i I I d"�ina�z"�' 96'4 I BaL?, arc u'1en�' 9.00' 1 IDSOY WESTPLY 35.00' ' ARDELLA ROAD I I NOTES: i 1. 71115 IS A BOUNDARY SURVEY. YANGLES AS PER FIELD SURVEY. 3.. NO BUILDING RESTRIC NON LINE AS PER PLAT. 4. NORTH PROTRACTED FROM PLAT. 5. DB DENOTES DEED BOG)L - 6. ORB DENOTES OFFICIAL RECORDS BOOK. - 7. PG DENOTES PAGE. TFiIS SURVEY WAS MADE FOR THE DEREFIT OF - V ALLISON W FORSYTH; DARRELL BUY & JPCQl1EL1NE VONCILE GILYARD. THE LAY} OFFICES OJ' ROY SCHLOTH; AND OLD REPUBLIC NATIONAL RE INSURANCE COMPANY. THE PROPERTY SHOWN HEREON LIES IN FLOOD I - ZONE 'X. (AREA OUTSIDE 0.2% ANNUAL CHARGE FLOODPLAIN) AS WELL AS CAI} BE DETEROINED _ FROM THE FL000 11191 CE RATE MAP NUMBER _ 12031C0406H RENSED ,A1NED3, 2013 FOR DUVAL COUNTY. FLORIDA. OIN W.'80ATW$[GtjT, :PcIiM'- FLORIDA DC. SUftYElt81`_antl. iEAPPHR No., LS' 3295 • m v}ui v111- THc sal—E .0 - llff CfLG)IAl RNSEO SEAL tf A iLtl60A IkYli9£O SHPKTGR ANo —PER: FLMDA UC. 911R%TYBG & Nkp,, G R,Iq cR 5 R.. le 36]2 LAND SURVEYORS, Inc. 1500 ROBERTS DRIVE, JACKSONVILLE BEACH, FLORIDA 241-8550 1ATe 1oeEP %3. eon siv i tF? cH1 EIXFn 6Y:— t� eon-Ine ORAxeI er. vLw Tyr RIGHT - -- ktEF; 20n-ODiO Page 120 of 147 Agenda Item #10.13. 14 May 2018 w -�3za P=py AliN CL a >Yaz WWI �� € Fm2 a=a zoo �g g;`aa O F- M. _ z d z H. ao x8{ozp i wJ_Wrm ,� O w pr o <ay G d .6`zpRo emdQg� m p a= n <2 cn €s rc oNa�azo� - ' gin m �E CL a s=�l"m z �: e��a>`iy'k d�"oE �czF�o=o pyre owq Ha-Be,- a�Fo I �ai;� ma€3<w�e=- ZE_ or mw"tc `.pg ��o `� F�1.ri€S�m� o> m rpU �_F.!W S, -1 rwn nii1 m.-� Und RX sirlotdA dxvd i,00'SZI h1.9S,f0.00S a y IoW I 5 z,F .0 I¢ ,05 WF W O 0 r I ( a m<wa "m zukdiIdHl 0c OE LLFah 30 11 -1ItF-�) Vo 131 —----------- acnb ¢ vzwea a't F� M,r 'JON 'ds F. `o �um-- `z Sha o10 I rIt r . Page 121 of 147 � I I FO'Sil 3.C,C6(6V 3 Page 121 of 147 Agenda Item #10.6. 14 Mav 2016 v^ QI I � A � • VF � � 'F Ih 1b N N N M'114 N: iN 1 1 . I c Ww g Iq' t��l� 3g G+eq o a7 ri chit 8rlai�$'�I+`��L� 0 1 )r m '1 of A 0 f F y b v 3 Gi to y 0 0 N�oirov.RR �C� rr '� � o fi •� � m LL o> pp cC O r1 °2 '1 �•2 "t 4 [Y tol• m C � tE b O m .jj `yv��I� �b6 °1'0 0 $ ��nw w �� iiia$iar5"n M 1 c �� mE i rn �u � � •a � � � � � ti ! o vi p Q r C (c ® i. • N fO • Nv ((}}! � ry` N y 1I n O b Z 4'ik•c:if��i � 'S�� °'�`�'� Wru �,�a �a.4 b 4 $ �� t7o •G,� m•g� ru y I l ..._.......i �$��pp u z H N O 1� Z � ~. �'• l!/ 0. � L Q Page 122 of 147 Agenda Item #10.13. 14 Mav 2018 r4-; o� joo9,gig v� °° N; ° 8 8 p ' lo i ih o �j� Q wH K Zvi Vt n;� aaa A° 1 o 8 An p O 2 n P Vt 80 8 88 c;0 Icl to N ,qq 1 UIZ g F N aa ii5[t,S, �l M Q � n C Cfl a5� N � in E y� •teO] , I 7kC ao C al 0 o � Ln � 4 6 f �° w n� E E �l^ � �17F^. L F' c rycry W G O fcu J' o f0 Oo I > �O algFaa> u e, 2 P g No a I (�j rcucw ba vL 8 0 0 0 Q &iLA o oC i v �n z C a�a Q. �E lb u r 3 o'a'S-9 In �li p �to CI °i C N .a. C C 6 ppd� .•�n3 Wo n o N12 °dap eoa CS'� IT Eg >>10 W RL.ulr.i ?'[G!1o " z RN gS�I - s L9 n to Page 123 of 147 Agenda Item #10.13. 14 May 2018 €� 'i4 944- W t~i�?N�3U Q M. A0, a}zi J. a82-05 NUSA I v -43D_ Rm Qas. 5� r o CmRs3=y o 0 di �F<` F rc�<aoa wU oma wzno �o . =�a">t.-�.smt �E<€ 3zo iwm cpwiW _ " z=F wJz �•-wiH�"oo w�4 3o�W" ' I �Nenw�aeu Nodouw Y - Zp U g JG� in: rca<i v�izrcHw a� m.-�� U�zd�2 uv, rc .-u zap g 5x1'. Mld ,00-sm A1.99,f0.00S ¢ ip dy m4 in I n 9a 12o�t< 05 1U� "�i, j4V LLo H' 05',0(e0'9btneda um 3.95,£ a0 AO,," w a � 3llV E5 i,< Eo ¢ baa a7ao z ]� Ob z _ fix' UA mStN W�C'i j z� Q I 08 r - w 3¢illi o'�UkyW' FIE, �,lr. I _. t. yfc, Ow Zw�z yy;; zWy 3aWW� 0 23Yx U �� 3,r' � "Fi t •-- KvwiQ po i oa wino r�v'e viz o� ,.. tel 1 r_ r f L4"rt; - �'1 ooawzrT z oo mo¢mow" _ W< ~U a �� owHwc°e' �z i�3a f"' iso II v II??� fd�l I.GS.00.0W1 II Page 124 of 147 �l 0 O to 7E ; �o mCD 0 n�f ryMM [ M Z •C mom flM fa n p C } M �g a Jm LU nCl c-. c c ® i¢ :in V' 9p� U. to ' a ti p�PPsuo,P '�;oaoo U c 4 g i In" in br'' yNs Ca e ; r� n �i w r3 n Agenda Item #10.13. 14 Mav 2018 -qo m Fa a 4 � � G A0 F o 0 0 0 0 Page 125 of 147 Agenda Item #10.13. 14 May 2018 o q' F i 8 ' 11 gQ $ Fi �pOpp N I p op 6 d� O ro 00.. W imn o3� c a AZ b 0 (-4 A to fr�l�l !3 � I gF Jaa 9 m a B 3. LL u o 0 0 Iji I ag�f h 4i Ln M 12 75 n E I c � io 5 ' �. • i s p133od a P �1�Sssrn O o I g[E ! n� O o 6; IV E. LL N �^ a O O O 16z j v lup�p C 6 0 0 0 0 0 0 Ni �C ij7 R, R V a I cF6 ggg o UOQ a1 i E N iir of in +�i� V, an N Id acu M ofai , ug ib� as y po q� �j-C, ! nni � b 3 un �j� �yp'�F� rt�+e a'fl ru m.'`r" to m N n .3' OI m 2 r�ii W U U ��t Irl o aW ra =� A gg W� (ii o co qc i of 11' I � 1 '- ® a � l I.l ��gb..l '' � '.. f to I`i u z ui � c� � g.. izi '9 '�� :" rA ry t°I � n � Page 126 of 147 Agenda Item #10.13. 14 May 2018 Page 127 of 147 MAP SHOWING SURVEY OF PART OF LOT 15, E.H- 00)1kFR$ SUBDP VISION, PLAT DWI 0, PAGE 4, OF THE CURREJT - PUBLIC RECORDS, DUVAL CWHTY, FLORIDA AND BED NOR PARTICULARLY DESCRIBED IN INWARRANTY DEED RECORDED IN GEED BOOK 1720. PAGE 216,'OF THE CURRENT PIBLIC 9N RECORDS OF DUVAL COUNTY, FLORIDA, (ESS AND E(CEPT THOSE PARTS DE$I. . 71. OFFICIAL RECORBOOK"30©B. PACE41B4, OFFICIAL RPAGE 507. ECORDS BOOK 3067CIAL RECORDS ,PPAGE Ila AND OFFICIAL I RECORDS RECORDS BOOK 3161, PAGE 473. j 1 P f0 28 40 NORTH UNE OFJ J . CKSON ROAD JACKSON ROADAON raao PIAO POINT OF BEGINNING '_ 11s.14'(�xin1 EASTERLY 125,00' 16M)3�'d 5250'. i28'8 I exA 1 O ( I O I FG 50{ 1 J� 1720 PG S2 I ORO 1016 PG 4i5 BB gl ORO ORB 1954 Z517 PG 357 .I MB 1910 PG ]54 nl W 3857 PO 113 I LflB ]161 PG 4)3 �' O Z I I Iv)I� 2W pr,Vt_ EASTERL 110 �M' 5250" Wan 1250 �Wfn,� mG wan -- _ .00 - x-��-- - an y r lu�v"ii ReF)zffi]0000 Vt �' 11 Y 125.00'L 6 WESTERLY 190.00' WESTE QClBA RFEO IiE 11)21]88)W � _ 1 E. UPSOR I N OPD f OPB )t PG 580 a PC 191 ORB 9]0 P^+]) �I � Y O O � of OFB 9b PG J) �i I N OEd ]3� PC 50) o ' tltB 3028 PO 9V� LRB 91 PC 1339 m' Z i N i X i.. —�---_—__—__ tOs.D6' WESTERLY 35.00' ' ARDELLA�`n"t ROAD j I I i NOTES: i I.THIS IS A RWNDARY SURVEY. - 2. ANGLES AS PER FIELD SURVEY. 3. NO BUILDING RESTRICTION LINE AS PER PLAT. 4. NORTH PROTRACTED FROM PLAT. 5. W DENOTES DEED BOOK. 6, ORR DENOTES OFFICIAL RECORDS 1001*7. PG DENOTES PAGE. THIS SURVEY WAS MAGE FOR 1HE EMERY A, W - RILEY k - V AWSON W FORSYDG DARREL - J(.CCUD VO D; THE LAW FFICES ' ' IIMAL �- R00 SCHLO7H: AND OLD REPUBLIC tJA1KkJAL SC H; A D OLD TLE INSURANCE COMPANY. THE PROPERTY SH015N HEREW UES IN FLOW - ZONE "'*(AREAOUTSIDE 0.27 ANNUAL CHANGE FLOOOPLAI AS WELL AS CAN DE DETERMINED FROM THE FLOW RANCE RATE MAP NUMBER _ 12031C01 REVISED .VNE 03. 2013 FOR DUVAL 4D61ST COUNTY, FLORIDA- ONN W. BOATWf3(GHT, FLORIDA UC. SURVEY(laz .T.LAPPER 1(o.. LS 3295 "ROT I,- YUU— DIE 5 1A 'U ARO - tiff CPoEUUL RNSEO EE+>_ CF AFL --A 1JalrsEn s131cmR u+9 uuPai' I MDA UC. SURLE SE. FD 8,,9'7. N.. W 302 - Inc. 1500 ROBERTS DRIVE, JACKSONVILLE BEACH, FLORIDA 241-0550 RAl6OGTORER 2i, 2ali etlEi t OP i GHECKtD 6Y:__ INE 201)-14)3 1]RAlN BT: BOA RIGHT LAND SURVEYORS, %Rff; 201)-0328 Page 127 of 147 Agenda Item #10.13. 14 May 2018 MAP SHOWING SURVEY OF PART OF PARCEL "E", AS SHOWN ON, BUT NOT PART OF DONNER'S REPLAT, ACCORDING TO PLAT RECORDED IN PLAT BOOK 19, PAGE 16, CURRENT PUBLIC RECORDS, DUVAL COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL "E'; THENCE RUN IN AN EASTERLY DIRECTION ALONG THE NORTHERLY LINE OF SAID PARCEL "E", A DISTANCE OF 125.0 FEET; THENCE RUN IN A SOUTHERLY DIRECTION ALONG A LINE PARALLEL TO THE WESTERLY LINE OF SAID PARCEL "E", A DISTANCE OF 125 FEET; THENCE RUN IN AN WESTERLY DIRECTION ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID PARCEL "E", A DISTANCE OF 125.0 FEET; THENCE RUN IN A NORTHERLY DIRECTION ALONG THE WESTERLY LINE OF SAID PARCEL "E A DISTANCE OF 125 FEET TO THE POINT OF BEGINNING. NORTH LINE OFJ i JACKSON ROAD FWNO NAL & a5%{1707 _ 3OINT OF BEGINNING JACKSON ROAD 125.14'(FIELD) NmTN,cTr conrme E+F Pular'E'M. (10' ALLEY PER PLAT) EASTERLY 125.00' RPE O1H3e272W90 52.50 52.50' ❑ bid.. g o a N o 0 J ORB 2517 PG 3570j ORB 1954 PG 504 ^I ORB 2910 PG 354 o q tP 20 40 SCALE: 1' = 20' O , tWNr 1/[ To WE ��12 Z �b0 I 1 I RE ¢1721380000 I J. E GIPSON I I 1 i 1 i rw* 1/2•RON_ PM UrT 2 _ 52.50' nPEy tEu72 _ _ 1014D//JzY Wm 52.50 P" lex 0 2. ANGLES AS PER FIELD SURVEY. o �h� 4. NORTH PROTRACTED FROM PLAT. ! SEi 1/2' Wail PPE asn , tWNr 1/[ To WE ��12 WESTERL RE 01721530000 �b0 gb is MICHELLE GLORIA NEED I RE ¢1721380000 I J. E GIPSON ORB 1071 PG 500 ORB 030 PG 77 n m NOTES: I ORB 3028 PG 194 b MM RON ( . ir. uEOu 1. THIS IS A BOUNDARY SURVEY, 2. ANGLES AS PER FIELD SURVEY. 3. NO BUILDING RESTRICTION LINE AS PER PLAT. 4. NORTH PROTRACTED FROM PLAT. ! THE PROPERTY SHOWN HEREON LIES IN FLOOD ZONE "X" (AREA OUTSIDE 0.2% ANNUAL CHANCE FLOODPLAIN) AS WELL AS CAN BE DETERMINED FROM THE FLOOD INSURANCE RATE MAP NUMBER 12031CO408H REVISED JUNE 03, 2013 FOR DUVAL COUNTY, FLORIDA 'NOT VAIJO WTHOUT THE SWANRE AM THE OMN& MAO SEA. OF A ROKOA UaJ — WRT'cTM ANO WtPPETL' 20' .ON THIS SURVEY WAS MADE FOR THE BENEFIT OF V ALLISON W FORSYTH, DARRELL RILEY & JACQUELINE VONCILE GILYARD, THE LAW OFFICES OF ROD SCHLOTH AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY. DONN W. BOATWRIGHT, P.S.M. FLORIDA LIC. SURVEYOR and MAPPER No. LS 3295 FLORIDA UC. SURVEYING & MAPPING BUSINESS No. LB 3672 DRAWN BY: . BOATINRIGHT DRAWN LAND SURVEYORS, INC. KLW FILE: 2017-147>1500 ROBERTS DRIVE, JACKSONVILLE BEACH, FLORIDA 241-8550 REF: 2017-0772; 2017-0773 DATE: OCTOBER 23, 2017 SHEET 1 OF baolq+m Page 128 of 147 Agenda Item #10.13. 14 May 2018 }O vaiuo--ra'HOvau 01,tiHd-Jav OW101V dYOUHOSX.00Iaaaroua HSWHwno.c 1-----------_.—..—..--•----..—_. olio - —."� Pill �Jr IL Q tl� Vin. -I � L _ s. r I D ® f f____________i__________________ _. ptal.3 ®YA 33i.9�.t �- ______I ___—_o5L 1 1 X 3Iffilm rc w � �• �P4 IgE o !ted 4�J fFq��p1� r , ® Com_, rtlya8ry �9.f:scJV,�da€i,iie° $d$8?EEE:$!HE's�715�t<532i2¢°gg'2 °�' e�siil�§aAScaaes�$6Raa8aPska P �$ R r.a9 9i$ini2d8 PnZle24 Page 129 of 147 i Eda§AHI$$ iAA�p QQ Cp��p�yy�65Q5 �cc A8oP98 cRY8 sA 48a RRB�� o Y Page 129 of 147 Agenda Item #10.6. 14 May 2018 I fJ � Grr• '•�-,',�fA : ti,r.. ," i:kC•�}l'1�'it� /% j f � t`I�r?1 �r _:'(J r. i f r� OWNER'S POLICY OF TITLE INSURANCE (wills Florida Modifications) * Policy Numbor OXFL-085715'I 7 File Number: RS17-4816 *iti Issued by Old Republic National Title Insurance Company Any notice of claim and any other notice or statement in writing required to bo given to the �t * Company under this Policy must be given to the Company at the oddross shown in Section 10 * (W of the Conditions. COVERED RISKS SUBJECT TO THE. EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE. CONDITIONS, OLD REPUBLIC NATIONAL. TITLE INSURANCE COMPANY, a Florida corporation (the "Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: I. Title being vested other than as stated in Schedule A, 2. Any defect in or lion or encumbrance on the Title. This Covered Risk includes but is not limited to Insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; Iiiid a documant affecting'Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic moans authorized by law; (v) a document executed undera falsified, expired, or otherwise invalid power of attorney; Ivi) a document not properlyfiled, recorded, or Indexed in the Public Records including failure to perform those acts by electronic moans authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lion of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3, Unmarketable Title. 4, No right of access to and from the Land, 5. The violation or enforcement of any law, ordinance, pormil, orgovornmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (o) the occupancy, use, or enjoyment of the land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) Ilio subdivision of land; or (d) environmental protection if a notice, describing any part of ilia Land, Is recorded in the Public Records setting forth the violation or Intention to enforce, but only to the extent of the violation or enforcement referred to in that notice, hr Witness Whoroof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company, Polley Issuer: Countmsignod. THE LAW OFFICES OF ROU SCHLOTH ,P.A, 2187 SOUTH THIRD STREET OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY JACKSONVILLE BEACH, FL 32260 PHONE: (904) 372.9361 A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 1ti121371•Illl r` •'1 0y t�j President Authorized Of ice er lleo sed Aganl T / ollTForm 4309ft � � ALTA OknpisPolicy 61Tlllolntordace@.17-DOpvnlA Flo6doWdiacarionsl Attest �/ socrataly Page 130 of 147 Agenda Item #10.13. 14 May 2018 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records ►i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 18. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of ilia deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A, The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of; (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions, or location of any improvement erected on the land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or liinit the coverage provided under Covered Risk 6. 2, Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; ORT Form 4309 FL ALTA ewnersPolicy of Title insurance 6-17-06 (with naida Madificallonsl (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is ►a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A, Page 2 Page 131 of 147 CONDITIONS 1. DEFINITION OFTERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The data designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured': The Insured named in Schedule A. (i) The term 'Insured* also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured bydissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the Stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e)'Insured Claimant': An Insured claiming loss or damage. (f) "Knowledge' or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title, (g)'Land': The land described in Schedule A, and affixed improvements that by law constitute real property. The term 'Land" sloes not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) 'Mortgage': Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law, (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 51d►, 'Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k)'Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to ORT Form 4309 FL ALTA Owners Porky of Title Mumma 6-17-061vfilh Flofida Modificallml Agenda Item #10.13. 14 May 2018 purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title, CONTINUATION OFINSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BV INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against bythis policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION 01: ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not he liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured, The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. Page 9 Page 132 of 147 CONDITIONS (con't) DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (1) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (if) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company s obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b)'rhe Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay, Upon the exercise bythe Company of this option, all liability and obligations of the Company to the Insured tinder this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or contin- ue any litigation, (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this ORT Form 43DDFL ALTA eeareis Polity or Title Insurance 6-17-o6 (with Florida Moddications) Agenda Item #10.13. 14 May 2018 policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (if) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon (lie exercise by the Company of either of the options provided for in subsections (b)(i) or (if), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, orcontinue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimantwho has suffered loss or damage by reason of matters insured against by this policy. (a)The extent of liability of the Company forloss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (f) the Amount of Insurance shall be increased by10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid, (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company s consent, the Companyshall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured, (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. Page 4 Page 133 of 147 CONDITIONS (con't) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim thatthe Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to tine Company of these rights and remedies. The Insured Claimantshall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully coverthe loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding anyterms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant tothe Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. Tito award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered in any court having jurisdiction thereof. . The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from the Company upon request. OAT Form 4309 FL ALTA owners Poky of Title Insutance 6.17•06IMth Florida rModifica6onsl Agenda Item #10.13. 14 May 2018 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or byany action asserting such claim whether or not based on negligence shall be restricted to this policy, (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16, SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable tinder applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to deter- mine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 16. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401.2499, Phone: 612-371-1111. Pago 5 Page 134 of 147 Agenda Item #10.13. 14 May 2018 SCHEDULE A Name and Address of Title Insurance Company: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 400 Second Avenue South Minneapolis, MN 55401-2499 ORT File No.: 17053552 Policy Number: OXFL-08571517 Agent File No.: RS17-4815 Address Reference: 120 Jackson Street, Atlantic Beach, FL 32233 Amount of Insurance: $120,000.00 Premium: $675.00 Date of Policy: June 21, 2017 at 8:45 am 1, Name of Insured: V. Allison W. Forsyth 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: V. Allison W. Forsyth 4. The Land referred to in this Policy is described as follows: See Attached Legal Description ORT Form 4309 Pnge t ALTA Owner Policy ofTltle Insurance 6106 Page 135 of 147 ORT File No. 17053552 Agent File No.: RS17-4815 Policy Number: OXFL-08571517 SCHEDULE B EXCEPTIONS I+ROM COVERAGE Agenda Item #10.13. 14 May 2018 This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. General or special taxes and assessments required to be paid in the year 2017 and subsequent years. 2. Survey by Boatwright Land Surveyors, Inc., dated 6/8/2017 bearing File 2017-0773 shows fence off line along the Southerly lot line and concrete walls encroaching over the Northerly lot line and into the right of way of Jackson Road. (as to Parcel 1) NOTE: All recording references in this cormnihnent/policy shall refer to the Public Records of Duval County, unless otherwise noted, ORT Form 4309 ALTA Owner Policy of Tille Insurance 6106 Page 2 Page 136 of 147 ORT File No. 17053552 Agent File No.: RS17-4815 Policy Number: OXFL-08571517 EXHIBIT A PARCEL] Agenda Item #10.13. 14 May 2018 PART OF LOT 15, E.H. DONNERS SUBDIVISION, PLAT BOOK 8, PAGE 4, CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS: A PART OF PARCEL "Ell, AS SHOWN ON BUT NOT INCLUDED IN DONNEWS REPLAT, ACCORDING TO PLAT RECORDED IN PLAT BOOK 19, PAGE 16, CURRENT PUBLIC RECORDS, DUVAL COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF PARCEL'S'; THENCE RUN IN AN EASTERLY DIRECTION ALONG THE NORTHERLY LINE OF SAID PARCEL "I;", A DISTANCE OF 52.5 FEET FOR A POINT OF BEGINNING; THENCE RUN IN A SOUTHERLY DIRECTION ALONG A LINE PARALLEL TO THE WESTERLY LINE OF SAID PARCEL'S", A DISTANCE OF 115 FEET; THENCE RUN IN AN EASTERLY DIRECTION ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID PARCEL "Ell, A DISTANCE OF 52.5 FEET; THENCE RUN IN A NORTHERLY DIRECTION ALONG A LINE PARALLEL TO THE WESTERLY LINE OF SAID PARCEL "E", A DISTANCE OF 1 l5 FEET TO THE NORTHERLY LINE OF SAID PARCEL 'S'; THENCE RUN IN A WESTERLY DIRECTION ALONG THE NORTHERLY LINE OF SAID PARCEL "E", A DISTANCE OF 52.5 FEET TO THE POINT OF BEGINNING. PARCEL 2 PART OF LOT 15, E.H. DONNERS SUBDIVISION, PLAT BOOI{ 8, PAGE 4, CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED IN THAT WARRANTY DEED RECORDED IN DEED BOOK 1720, PAGE 216, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, LESS AND EXCEPT THOSE PARTS DESCRIBED IN O.R. BOOK 384, PAGE 507, O.R. BOOK 930, PAGE 77, O.R. BOOK 2910, PAGE 354, O.R. BOOK 3028, PAGE 194, O.R. BOOI{ 3067, PAGE 118, O.R. BOOK 2517, PAGE 367 AND O.R. BOOK 3161, PAGE 473, ORT Form 4309 Pnge 3 ALTA Owner Policy of Title Insurnuce 6106 Page 137 of 147 Agenda Item #10.13. 14 May 2018 o OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) * * PolicyNumbor OXFL-08571544 File Number: 8817.4839 * * Issued by Old Republic National Title Insurance Company * * Any notice of claim and any other notice or statement in Writing required to be given to the * Company under this Policy must he given to lila Company at the address shown in Section 18 Ttr of Ilio Conditions, COVERED RISi(S SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company") insures, as of Date of Policy, against loss or damage, not exceeding ilio Amount of Insurance, sustained or incurred by ilio Insured by reason of: Title being vested othorthan as stated in Schedule A. 2, Any defect in or lion or encumbrance on the Titio, This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue Influence, duress, incompetency, incapacity, or impersonation; (ill failure of any parson or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise Invalid power of attorney; (vi)a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land: 3, Unmarketable Title, 4. No right of access to and from ilia Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or rolating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any Improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection If a notice, describing any part of the Land, is recorded In the Public Records setting forth ilio violation or intention to enforce, but only to the extent of the violation or onforcement referred to in that notice. In Witness Whereof, OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY, has caused this policy to he signed and sealed as of Data of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company. policy lesuct: Counfarslgnad 2187 SOUTE LAW OFFICES OF ROD H THIRD STREETgCHLOTH ,A.A. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY JACKSONVILLE SPACH, FL 32260 A Stock Company PHONE; (904) 372.9361 400 Second Avenue South, Minneapolis, Minnesota 55401 (617) 3714111 AuthorizodOfNc rorikensedAgent ORT Fomr 4309 FL ALTA amen policy of Tl lie Iniurenco 9.17 -Da (wllh Flotldo Modilicolionil gy �``2e�ePresident Attest Secretary Page 138 of 147 Agenda Item #10.8. 14 May 2018 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. B. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6, 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 6. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; eRTForm 9309fl. ALTA ewneis Polky or Title insurance 6.17-06 (with flolida Modifications) (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance orfraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. Page 2 Page 139 of 147 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance': The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section B(b), ordecreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy': The date designated as "Date of Policy' in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured': The Insured named in Schedule A. (i) The term 'Insured' also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if tile grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (a)'Insured Claimant% An Insured claiming loss or damage. (f) "Knowledge" or `Known': Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g)'Land': The land described in Schedule A, and affixed improvements that by law constitute real property. The term 'Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that aright of access to and from the Land is insured by this policy. (h)'Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records': Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respectto Covered Risk 5(d), "Public Records' shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located, (j) "Title`: The estate or interest described in Schedule A. N'Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to ORT Form 9309 FL ALTA Owners Policy of Tlns Insurance 6-17.08 tvAth Florida Madllica(ians) Agenda Item #10.6. 14 May 2018 purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OFINSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title, If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss ordamage. DEFENSE ANO PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Wheneverthe Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. Pogo Page 140 of 147 CONDITIONS (con't) I. DUTY OF INSURED CLAIMANTTO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested bythe Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (I) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as maybe designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third pany that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. . 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policytogether with any costs, attorneys' fees, and expenses incurred bythe Insured Claimantthat were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. . Upon the exercise bythe Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or contin- ue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than tire Insured or With the Insured Claimant. (I) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this ORT Form 4309 FL ALTA oemers Policy of Tille Insurance 6.17.06 iMth Flodda Modificalions) Agenda Item #10.13. 14 May 2018 policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant thatwere authorized by the Company up to the time of payment and that the Company is obligated to pay; or (!i) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to he made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. B. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy, (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (!)the Amount of Insurance; or (i!) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (I) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid, (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured, (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment, Page 4 Page 141 of 147 Agenda Item #10.13. 14 May 20113 CONDITIONS (con't) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenevorthe Company shall have settled and paid a claim under this policy, it shall be subrogatod and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimantshal) execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies, If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant tothe Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach pf a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request, ORTFon 4309FL ALTA Owners Policy orTitle Incurable 647.06 twith Florida Modifications) 15. LIABILITY LIMITED TO THIS POLICY, POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part hold to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to deter- mine the applicable law. (b) Choice of forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401.2499, Phone: 612-371-1111. Page 5 Page 142 of 147 SCHEDULE A Name and Address of Title Insurance Company: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 400 Second Avenue South Minneapolis, MN 55401-2499 ORTFileNo.: 17056111 Policy Number: OXFL-08571544 Agent File No.: R817-4839 Address Reference: 110 Jackson Road, Atlantic Beach, FL 32233 Amount of Insurance: $90,000.00 Premium: $517.50 Date of Policy: June 16, 2017 at 2:51 pin 1. Name of Insured: V. Allison W. Forsyth 2. The estate or interest in the Land that is insured by this policy is: Feesimple 3. Title is vested in: V. Allison W. Forsyth 4, The Land referred to in this Policy is described as follows: See Attached Legal Description ORT Form 4309 ALTA Omer Policy of Title Insurance 6106 Agenda Item #10.8. 14 May 2018 rage I Page 143 of 147 ORT File No. 17056111 Agent FileNo.: R817-4839 Policy Number: OXFL•08571544 SCHEDULE B EXCEPTIONS FROM COVERAGE Agenda Item #10.6. 14 May 2018 This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of 1. General or special taxes and assessments required to be paid in the year 2017 and subsequent years. 2. All matters contained on the Plat of Donner's Replat , as recorded in Plat Book 19, page 16. 3. Survey by Boatwright Land Surveyors, Inc., dated 6/8/2017 bearing File: 2017-772 shows fence encroaching over the Westerly and Southerly lot lines and onto adjacent property. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Duval County, unless otherwise noted. ORT Form 4309 ALTA Otivner Policy ofTilleInsurance 6106 Poge2 Page 144 of 147 ORT Fite No. 17056111 Agent FileNo.: RS17-4839 Policy Number; OXFL-08571544 EXHIBIT A A part of Parcel "E", Donner's Replat, according to plat recorded in Plat Book 19, Page 16, of the current public records of Duval County, Florida, more particularly described as follows: For the Point of Beginning commence at the Northwesterly corner of saidParcel 'E'; thence run in an Easterly direction along the Northerly line of said Parcel "E", a distance of 52.5 feet; thence run in a Southerly direction along a line parallel to the Westerly line of said Parcel "E', a distance of 115 feet; thence run in a Westerly direction along a line parallel to the Northerly line of said Parcel "E", a distance of 52.5 feet to the Westerly line of said Parcel "E"; thence run in allortherly direction along said Westerly line of Parcel "E", a distance of I15 feet to the Point of Beginning, ORT Form 4309 ALTAOrvner Policy of Titlelnsurmree 6106 Page 3 Agenda Item #10.13. 14 May 2018 Page 145 of 147 Agenda Item #10.13. 14 May 2018 Page 146 of 147 f CITY OF ATLANTIC BEACH �.- COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.1) CAST: NO. PLATIS-0001 Revues! for plat approval as required by Chapler 24, Article 4 of the Code o(' Ordinances within the Residential General, Nluiti fancily zoning district at RE11 172137-0000,172140-0000 and 172136-0000 (!n-eviously known as 110, 120 and 0,1ackson Road). LOCATION 110-120 Jackson Road APPLICANT Allison Forsyth DATE March 19, 2018 STAFF Derek W. Reeves, Planner STAFF COMMENTS The applicant is Allison Forsyth, the owner of the properties previously known as 110, 120 and the adjoining 0 Jackson Road within the Residential General, Multi -family (RG -M). The applicant is requesting to have the three properties platted into four townhome lots. The original lots are two 52.5 foot wide by 115 foot deep and a third "cross" lot. 'IWvo arms of the "cross" lot share property lines with the other two lots. The other two arms of the "cross" stick out to the east and south. These two arms are expected to be deeded to the adjoining property to the southeast. This leaves a square area that is 125 feet wide by 125 feet deep or 15,625 square feet or approximately 0.36 acres. This is the area to be platted. The property to be platted is located within the RG -M zoning district which allows townhomes subject to density limitations under Section 24-108(b). This property is located within the Future Land Use category, Residential High (RH), which allows up to 20 dwelling units per acre. With approximately 0.36 acres, the property could have 7.2 dwelling units. The applicant is only proposing four units, which is well below the 7 units possible. Additional requirements include the Section 24-88(a) requirement for a minimum of 2,175 square feet of lot arca for townhomes in the RH Future land Use category. Cach of the four proposed lots are 31.25 feet wide by 125 feet deep for a total of 3,906.25 square feet. This far exceeds the minimum required. Jackson Road is a public right-of-way by plat. However, it is only 10 feet wide adjacent to the property to be platted. The property across Jackson Road gave the City a 25 foot wide easement across the southern portion of their property along Jackson Road. Staff is currently working with the applicant to get a similar easement across the property to be platted. This easement will be shown on the plat. The existing single family homes have been demolished from the lots and they are now vacant. Construction plans, including tree removal, will have to be reviewed by staff and permitted separately firom the platting process. Page 146 of 147 Agenda Item #10.13. 14 May 2018 Page 147 of 147 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of the requested plat (File No. PLAT18-0001) as required by Chapter 24, Article 4 of the Code of Ordinances within the Residential Multi -Family (RG -M) Zoning District at RE# 172137- 0000,172140-0000 and 172136-0000 provided: 1. Approval of this plat is consistent with the intent of the Comprehensive Plan. 2. Approval of this plat is in compliance with the requirements of Chapter 24, Article 4 of the Code of Ordinances. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of the requested plat (File No. PLAT18-0001) as required by Chapter 24, Article 4 of the Code of Ordinances within the Residential Multi -Family (RG -M) Zoning District at REN 172137- 0000,172140-0000 and 172136-0000 provided: 1. Approval of this plat is not consistent with the intent of the Comprehensive Plan. 2. Approval of this plat is not in compliance with the requirements of Chapter 24, Article 4 of the Code of Ordinances. Page 2 of 2 Page 147 of 147