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Exh 8C 8C Z-zZ-g9 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Authorization to Sign Contract with Jacksonville Port Authority SUBMITTED BY: David E. Thompson, City Manager DATE: February 17, 1999 BACKGROUND: The Jacksonville Port Authority assisted in the original purchase of Dutton Island by contributing $60,000 towazd its purchase. The culvert leading to Dutton Island is one of our priority needs ~"1 relative to the development of the Island. The contract has been reviewed and approved by the City Attorney. RECOMMENDATIONS ATTACHMENTS: At this time, they would like to contribute another $30,000 towazd the replacement of the culvert on the causeway leading to Dutton Island. Please see the attached letter and agreement. The Port Authority can acquire points with the Department of Environmental Protection for a Port Authority dredging project by contributing to the Dutton Island development. We recommend authorization for the Mayor to sign the attached contract with the Jacksonville Port Authority. Cover letter and contract from tie Jacksonville Port Authority REVIEWED BY CITY MANAGER: JAN-22-99 FRI 17:14 JPA MARINE ENGINEERING ~ FAX~NO, 9046303007 ~- .......... :%?~i?'S - Jaek',onvil!e tn;e ,r,ationa! - Craig ' - Herlong Deccrrbcr 7, 1998 Jim Jarboe, City Manager City of Atlantic Beach 800 Serrsnole Road Atlantic Beach, Florida 32233 Dear titr. Jarboe, JACKSOVVf~;-C PORTAt1Ti-!ORt7Y Post Once Box 3005 2831 Tatteyrand:,venue Jacfuonvii!e. Fonda 32206.0005 hrpJ/www jaxpori.com ~ P. 02 D~~~~~ -~5~~~~~1 Sc:.?~t;'S • BSOUnt ts!and Ter:r+inal - T8lleyrar:C Terminal as previously discussed, the Jacksonville Port Authorry is in the process of applying for a dredge and fill permit to dredge a short portion of St. Johns Creels, located near Bucks Island and the Fort Caroline monument. St. Johns Creek is considered an Outstandintr Florida Water and as a result, the Pvrt Authoriry must demonstrate that the project is "clearly in the public interest". Following several discussions with the Florida Depamnent of Environmental Protection (FDEP), it was Determined that a commitment to assist with the creation of a public canoe route around the island would satisfy their pe.^nitting requirements. It should be noted that the culvert replacement is par of the approved button Island Management Plan_ The Jacksonville Por Authorty is prepared to contrioute 530,000 towards this project. Tam attaching to this letter a aroposed agreement between the City of Atlantic Beach and the JacksonviIle Port Authority. Approval o.` the a~ree:nent will require the City co provide canoe access around the island by installing a Sox culvert or by other means in a time frame that is acceptable to the FDEP. We havc cvcry reason to believe that a 2 to 3 year period would be acceptable. The Port Aut:tority would escrow the S30,000 for the City upon receipt of all required environmental pe.~rriu which would allow the City to seek additional grants or other Capital contrbutions. Please fcel frce to call me at 630-3044 if you have any questions or comments, and to let me know if the City would Tike to proceed. Sincerely, David Kaufman, Director v[arine Plannin; and Development DKlsbf ~' Facilirarrng Ir:rernariona! Trade and Trvel for Florida's r~rsr Coasr JAN-22-99 FRI 17:15 JPA MARINE ENGINEERING FAX N0. 9046303007 .. ^, An ao Bement between [ the Jacksonville Port Authority and the City of Atlantic Beach concerning Dutton Island P. 03 Whereas, the Ciry of Atlantic Beach, a Florida municipality, and the Consolidated Ciry of Jaclsonville, Florida, jointly applied to the Florida Communities Trust for a grant to acquire Dutton Island, a parcel within Duval County; and, Whereas, the Jacksonville Port Authority thereafter joined ilie application afcr it had been approved and funded by the Florida Communities Trust; and, Whereas, the Dutton Island Management Plan, submitted by the Citie.~ of Atlantic Beach and Jacksonville, includes replacing the culverts leading to the island; and, Whereas, the Jacksonville Port Authority joined the application for the purpose of preserving the island; and, . Whereas, the Jacksonville Port Authormr plans to dred~e St. Johns Creek in Duval County; and, t 'Whereas, the Florida Departmem ofEnvironm~tal Protection has advised that the St. Johns Creek dredge project is permittable if it is clearly in the public interest, which maybe demonstrated by ancillary projects that provide recreational benefits; and, Whereas, the Jacksonville Port Authority, which is already a partner in preserving Dutton Island, is, in addition to any other island preservation projects it may undenake, prepared to contribute up to 530,000 toward replacing the culverts leading to the island, a project that would provide recreational benefits to awater-related environment; and, Whereas, the Jacksonville Pon ;4uthority, in applying for state and federal dredging permits, . will identify the replacment of culverts on Dutton Island, as provided herein, as a project ancillary to the dredgng of St. Johns Creek; and, Whereas, the parties hereto recogngnize that the funds to be contn~uted by the Jacksonville Pon Authority, as provided herein, may be used by the City of Atlantic Beach as a match to acquire grants from other sources to complete the culvert work on Dutton Island; Therefore, the City of Atlantic 73each, exercising its authority under §166.021, Fla. Star., and the Jacksonville Port Authority, pursuant to §3, Ch. 63-1447, Laws of Florida, as amended, and to further implement the Dutton Island Management Plan, do hereby agree that: 1. Within thirty (30) days after the Florida Department of Environmental Protection and the _ JRN-22-99 FRI 17:15 JPA MARII~fE ENGIHEERIHG FAX K0. 9046303007 P. 04 r J U.S. Army Corps of Engineers issue dredge permits to the Jacksonville Port Authority to dredge St. (~ Johns Creek, Duval County, Florida, the Authority will contribute to the City of Atlantic Beacfr thirty thousand and noll00 dollars (530,000.00). 2. The Ciry of Atlantic Beach will use the $30,000.00 paid by the Authority to replace the culverts leading to button island in a manner consistent with the Dutton Island Management Plan approved by the Florida Communities Trust, and that wr71 allow canoeing around the island. 3. The City of Atlarnic Beach will beg<n replacing the culverts leading to the island according to a schedule acceptable to the Florida Department of Environmemal Protection. It will, thereafter, expeditiously prosecute the construction so that the public may enjoy the recreational benefts of the work at the earliest practicable tune. 4. I~Tpon request, the City of Atlantic Beach will promptly provide the PIorida Department of Environmernal Protection and/or the Jacksonville Pon Authority any information either may require to document the prowess ofthe culvert replacement project and the expenditure ofthe funds. 5. In the event the Florida Department of Environmental Protection and/or the U.S. Army Corps of Engineers suspend permit(s) issued for the Jacksonville Port Authorir~'s St. Johns Creek dredging project, in whoIc or in part, because of delays by the Ciry of Atlantic Beach in be~ruiing or continuing culvert replacement as provided herein, the City of Atlantic B each will return to the Port Authority alI of its contribution that has not been paid for culvert replacement construction materials or labor as of the date of the suspension. 6, This a~eement maybe amended by mutual agreement, in writing. For the City of Atlantic Beach: iu For the Jacksonville Port Authority Its Attest: Attest: .JAN-22-99 FRI 17:14 JPA MARINE ENGINEERING FAX N0. 9046303007 P. O1 ~-., ENGiNEER1NG COYER SHEET To: Mr. David Thompson, Acting City Manager City ofAtlantic Beacb Fax #: 247-5805 Subject: Dutton Island Agreement ' / Date: January 22, 1999 Pages: 4, including cover Mr. Thompson Copy of the Ad Bement we discussed. From the desk of... Anthony F. Orsini Director, Marine Engineering and Construction Fax: (904) 630-3007 Tel: (904) 630-3062 ~'