MEXICOBEACH CITY COUNCIL REGULAR MEETING TUESDAY, JUNE: 3, 2025 AT 9:00 A.M PUBLIC WORKS BUILDING Mayor, Richard Wolff Councilwoman, Linda Hamilton Councilman, Erik Fosshage Councilman, Jason Adams Councilman, Steve Cox City Attorney, Tim Sloan Interim City Administrator, Mell Smigielski City Clerk, Tammy Brunson I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. ROLL CALL V. CONSENT AGENDA 1. Minutes April 8, 2025 VI. SPECIAL APPEARANCES 1. Seaside Market Grease Trap Lance Watson, SCE 2. Request from Casuna and Ocean Plantation Subdivision HOA Adriane Welle VII. REGULAR AGENDA 1. Beach Vending Applications - Mell Smigielski 2. RESOLUTION 25-03 - 2025 Bay County Local Mitigation Strategy Plan - Sandy Walker A RESOLUTION OF THE CITY OF MEXICO BEACH, BAY COUNTY, FLORIDA ADOPTING THE 2025 BAY COUNTY LOCAL MITIGATION STRATEGY PLAN; AND PROVIDING AN EFFECTIVE DATE a. Motion to Read Resolution 25-03(By Title Only) b. Open Public Discussion C. Close Public Discussion d. Discussion e. Motion to Approve or Deny 3. Boat Houses as an Accessory Use - Mell Smigielski a. Open Public Discussion b. Close Public Discussion C. Discussion d. Motion to Approve or Deny 4. St. Joe Company Maintenance Contract - Joe Drive = Mell Smigielski 5. Discussion of Meeting Time of City Council Meetings 6. Date Change for November 11, 2025 City Council Meeting VIII. CITIZEN COMMENTS 1. Speaker must come to the podium and state name and city of residence 2. Comments are limited to 3 minutes IX. COUNCIL COMMENTS X. MAYOR COMMENTS XI. STAFF COMMENTS XII. ADJOURNMENT Posted on the city website on: 05/29/2025 Note: Copies oft the Agenda items are posted on the City's Website mexicobeachf.goy This meeting will be recorded on the website. You are hereby notified that in accordance with Florida Statutes, you have a right to appeal any decision made by the Council with respect to any matter considered. You may need to ensure that a verbatim record of the proceedings is made which may need to include evidence and testimony upon which the appeal is based. Any person requiring a special accommodation at this meeting because ofa disability or physical impairment should contact Tammy Brunson, City Clerk, at 201 Paradise Path, Mexico Beach, Florida 32456; or by phone (850) 648-5700 at least five calendar days prior to the meeting. If you are hearing or speech impaired, and you possess TDD equipment, you may contact the City Clerk using the Florida Dual Party Relay System, which can be reached at 800-955-8770 TDD. City of Mexico Beach Meeting Minutes TUESDAY APRIL 8, 2025 = 9:00 AM The City of Mexico Beach City Council met in a regular meeting on Tuesday April 8, 2025, at 9:00 am at the Public Works Building in Mexico Beach. Mayor Wolff and the following Councilmembers were present: Linda Hamilton, Jerry Smith, Jason Adams and Tim Linderman. Also present were City Administrator, Chris Truitt, City Clerk, Tammy Brunson and City Attorney Tim Sloan. I. Call to order: Mayor Wolff called the meeting to order at 9:00 am. II. Consent Agenda: Minutes for the following council meetings were approved unanimously. February 25, 2025, Regular council meeting. March 11, 2025, Regular council meeting. III. Special Appearances: 1. Tonia Nation with Avcon explains the expansion of the study area to capture more critical areas experiencing flooding. The study includes a 40-acre pond (Basin H) to reduce flooding significantly by upsizing existing swale systems and increasing pipe sizes. The 40-acre pond will be esthetically pleasing with diversionary islands and will help reduce flooding in the overall city. The pond will be gravity-fed to avoid the cost and maintenance of pumps. The study also includes the removal of invasive species and the identification of small, localized drainage projects. The council discusses the need for additional funding sources for parks and public spaces, and the potential for grants and land development code amendments. 2. Katherine Hancock from Florida State University presents the benefits of high-frequency radar for hourly ocean surface current data. The radar system would provide data for Coast Guard search and rescue, coastal resilience, hazardous spills, water quality monitoring, and marine navigation. The system would be installed in Mexico Beach and paired with an existing site in Destin, with minimal maintenance required. The council expresses concern about the radar's impact on the community's aesthetics and the need for more information on specific locations and potential frequency conflicts. IV. Regular Agenda: 1. Gortomoller Engineering CEI services Task Order #1 for the 15th St Bridge was brought to the table. Chris Truitt provides an update on the 15th Street Bridge project, including Gortomoller's task order scope for construction review. Open public comment at 10:01 am. No public comments were made. Closed public comment at 10:01 am. Mr. Linderman motioned, and Mrs. Hamilton seconded to approve Task Order #1, items 1 through 4, for $33,600.00 using State Appropriations funds. Motion passed unanimously. 2. Water Tank Aeration Bid was brought to the table. The water tank aeration system project is discussed, with concerns about the high bid received and the need for a more cost-effective solution. Open public comment at 10:08 am. No public comments were made. Closed public comment at 10:08 am. Elizabeth Moore with Anchor wants to explore alternative designs and cost-saving measures. Mr. Adams motioned, and Mrs. Hamilton seconded to reject all bids and have Anchor look for alternative options. Motion passed unanimously. City of Mexico Beach Meeting Minutes TUESDAY APRIL 8, 2025 - 9:00 AM IV. Regular Agenda Continued: 3. Nanook & 14th St lift station rehab was brought to the table. Chris Truitt presents the low bids from Mainline Construction for the rehabilitation of lift stations on Nanook St for $423,323.63 and 14th Street for $799,495.97, with an overrun cost to the city of $71,039.60. Open public comment at 10:14 am. No public comments were made. Closed public comment at 10:14 am. The council discusses the need to reallocate funds from the infrastructure local option gas tax to cover the overrun. Mrs. Hamilton motioned, and Mr. Linderman seconded to accept the bids from Mainline Construction totaling $1,222,819.60 for the lift station rehabs and authorize the use of the local option gas tax to cover the overrun. Motion passed unanimously. 4. Copy equipment lease with Dex Imaging was brought to the table. Chris Truitt discusses the need to renew a 48-month copier lease, including three new machines to replace the current ones. The attorney recommends approving the lease with changes: end-of-term fair market value, jurisdiction to Bay County, and removal of automatic renewal. Open public comment at 10:25 am. No public comments were made. Closed public comment at 10:25 am. Mr. Linderman motioned, and Mr. Adams seconded to approve the Dex Imaging equipment lease with the recommended changes. Motion passed unanimously. 5. The Mexico Beach Pier was brought to the table. Mr. Smith proposes naming the new pier after former Mayor Al Cathey for his leadership and dedication to the community. Open public comment at 10:37 am. Alex Hogan suggests a community survey to gather input on the pier's name. Bobby Pollock supports naming the pier after Al Cathey, highlighting his contributions to the city. Shelby Bush agrees with a community survey to ensure broad input on the pier's name. John Harrell suggested selling the naming rights. Closed public comment at 10:44 am. The council discusses the timing of the decision and the need for community involvement. Mrs. Hamilton motioned for a dedication plaque to be placed at the pier and allow the community to pick a name once it is built. Motion failed due to lack of a second. Mr. Smith motioned, and Mr. Linderman seconded to name the pier after Al Cathey. Motion passed with a 3-2 vote. No votes were Mayor Wolff and Mrs. Hamilton. V. Citizen Comments: John Harrell from the Special Events Committee announced Gumbo Festival shirts are still available for purchase. He also talked about the 4th of July Fireworks and the 5K race. The committee is concerned about the potential increase in fireworks costs due to tariffs. The council discusses the importance of supporting the special events committee. Shelby Bush apologized to Mr. Smith for her earlier comments. VI. Council Comments: Tim Linderman requests city labor to help install posts and rope for beach walkovers, with the CDC providing materials and augers. Mr. Linderman motioned, and Mrs. Hamilton seconded to allow city employee labor1 to install post and ropes on the dunes to mark walkovers with the CDC paying for supplies. Motion passed unanimously. The council discusses the need for new signs with the city ordinance and fine amount to protect dunes. Tim Linderman requests an update on the after-action review of the JLAC audit at the next council meeting, review oft the dumpster at the boat ramp and cost of a possible Amnesty Day for citizens. Jerry Smith asked who was on call this coming weekend for the forecasted heavy rain event and he asked about when weekend trash pickup would start. City of Mexico Beach Meeting Minutes TUESDAY APRIL 8, 2025 - 9:00 AM VII. Mayors Comments: Mayor Wolff stated there is a pre-audit meeting with James Moore on Thursday. He asked for an update on the boat launch project. Chris Truitt provides an update on the boat launch project, including geotechnical work and engineering details. The council discusses the need to inform the public about potential delays at the boat launch once the project starts. Mayor Wolff proposes stopping comments on the city's Facebook page due to inappropriate content and trolling. The council discusses the legal implications of providing a forum for comments and the potential transition to YouTube for live streams and archives. Chris Truitt confirms the city is already moving some content to YouTube and suggests making the transition official. Mr. Linderman motioned, and Mr. Adams seconded to start the move to YouTube for public meeting broadcast and storage and have no comment posting available. Motion passed unanimously. VIII. Staff Comments: Atkins Realis - Ryan Wiedenman provides updates on the pier project, including the completion of the National Marine Fisheries consultation and the upcoming bid process. The council discusses the split of the civic center project to expedite the police and fire project. Ryan Wiedenman mentions the jetties project is out for bid and the financial reconciliation of past projects The council emphasizes the importance of tracking and recovering funds from FEMA for completed projects. City Administrator - Chris Truitt announces the annual extravaganza at Under the Palms Park on April 19, including an Easter egg hunt, hot dogs, drinks, and ice cream. City Attorney - Mr. Sloan had no additional comments. IX. Adjournment: Mr. Linderman and Mr. Adams motioned to adjourn the meeting at 11:31 am. By: Attest: Mayor, Richard Wolff City Clerk, Tammy Brunson MEXICO: BEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # Meeting Date: 06-3-24 Department: Admin Consent Regular Closed Public Hearing: Yes R No Agenda Agenda Session Date of Public Hearing: RESENTERINFORMATION CONTACT: Mell Smigielski ITEM TO BE CONSIDERED Subject: Request from CASUNA Subdivision Homeowners Association, Inc. Attachment(s): Request letter. Plat. Enlargement of dedication language on plat. Brief Summary: Request from CASUNA HOA for the City to accept maintenance infrastructure interior to their subdivision. Action Requested: City to own and maintain additional infrastructure- specifically, the sidewalks, streetlights, and stormwater systems. ISSUE OVERVIEW Background Information & Issue Summary: Ocean Plantation subdivision was created in 2004. The dedication language clearly states, I : dedicate to the perpetual use of the public, all roads, streets, rights-of-way, 30' natural buffer, lift station, water, sanitary sewer, utility easements, and stormwater management facility'. The language does not specifically state the City of Mexico Beach will own and maintain said infrastructure. Financial Impacts: Staff RecommencalonsCommens City staff requests direction from the City Council on the next steps, if any. CASUNA Subdivision Homeowners Association, Inc. 3300 Hwy 98 Suite 104 Mexico Beach, FL 32456 850-895-1256 Date: May 14, 2025 City of Mexico Beach City Hall 201 Paradise Path Mexico Beach, FL: 32456 Subject: Request for City Maintenance of Sidewalks, Streetlights, and Stormwater Infrastructure in CASUNA Subdivision Dear Honorable Mayor and City Council, On behalf of the CASUNA Subdivision Homeowners Association, Inc., we extend our appreciation for the ongoing partnership between our community and the City of Mexico Beach. We are writing to respectfully request that the City assume responsibility for the maintenance of additional public infrastructure within our subdwvson-spechcaly the sidewalks, streetlights, and stormwater systems. As you are aware, the roads within CASUNA have already been dedicated to and are currently maintained by the City. Given this existing ownership and stewardship, we believe it is a natural and practical progression for the City to take over the remaining public-use infrastructure to ensure consistent and long-term upkeep across the subdivision. These elements- sidewalks, streetlights, and stormwater management systems-are essential components of public safety and city-wide infrastructure. Transitioning their maintenance to the City would provide the following benefits: Consistency in standards and maintenance practices across all public infrastructure in Mexico Beach. Improved public safety and accessibility, particularly in regard to lighting and walkability. Long-term sustainability and planning, especially with regard to stormwater systems that impact areas beyond the subdivision. Our homeowners remain committed to being responsible and engaged members of the greater Mexico Beach community, and we trust that this request aligns with the City's goals for infrastructure development and public service. We would welcome the opportunity to discuss this matter further and work with the City to determine the necessary steps to formalize the transfer of maintenance responsibilities. Thank you for your consideration and continued support. Respectfully, A A Carolyn Kerr President Casuna Subdivision Homeowners Association, Inc. 8 : € 2 A 4 a: HE 9248 i a * E 9 a B € & 3 2 2 9 & e B 1 2 le * - - / - $ a 38 A 86 64 4 6 ge 7 BR % à & 3 a A 5 - I 6 V 30 Rg 2 A) A - : a M 5 : & 4 PA e R12W a R1AN I - : 5 A 0 aE 2 2 5 2 - a 69 8 a - 3 t I DA 5 59 a 9 6 - 9 3 8 6; a 3 4 DE - : a : - 5 & E - de 6 E a 3 Be 4E ERC AL3 4 50 . 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S 9 a 13 .3 SA8 8 de 13 1 3 - E & 35 9 e EA g : - a a ESV : 44 1AE , 3 6 8 9 9 - de : l de à # I a 1 $ € a 5 5 * - 3 MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM: # Meeting Date: 06-3-24 Department Admin Consent Regular Closed Public Hearing: Yes a No Agenda Agenda Session Date of Public Hearing: RESENTERINFORMATON CONTACT: Mell Smigielski ITEM TOE BE CONSIDERED Subject: Request from Ocean Plantation Homeowners Association, Inc. Attachment(s): Request letter. Plat. Enlargement of dedication language on plat. Brief Summary: Request from Ocean Plantation for the City to accept maintenance and ownership of infrastructure interior to their subdivision. Action Requested: City to own and maintain infrastructure. ISSUE OVERVIEW Background Information & Issue Summary: Ocean Plantation subdivision was created in 2005. The dedication language clearly states 'all road and/or street right of ways, HOA stormwater facility, utility easements, pedestrian easements, natural vegetative buffers and natural landscape buffers.. shall be for the private use of the homeowners, not be deemed to have been dedicated to the public and/or the City ofl Mexico Beach, However, the lift station site and non-exclusive utility access easements within all roads and streets right of ways are dedicated to the City. Financial Impacts: Staff RecommendtionsCommens: City staff requests direction from the City Council on the next steps, if any. OCEAN PLANTATION HOMEOWNERS ASSOCIATION, INC. 3300 Hwy 98 Suite 104 Mexico Beach, FL 32456 850-895-1256 Date: May 14, 2025 City of Mexico Beach City Hall 201 Paradise Path Mexico Beach, FL 32456 Subject: Inquiry Regarding Dedication of Private Streets and Request for City to Assume Maintenance Bridge Dear Honorable Mayor and City Council, On behalf of the Ocean Plantation Homeowners Association, Inc., we hope this letter finds you well and thank you for your continued commitment to the City of Mexico Beach and its communities. We are writing to formally inquire about the process and requirements necessary for the City to consider accepting the private streets within the Ocean Plantation subdivision for public ownership and maintenance. Our community is evaluating the long-term sustainability of maintaining this infrastructure privately and would appreciate guidance on how we might begin the process of dedicating these roads to the City, should that be a viable option. Additionally, we would like to specifically ask whether the City would be willing to take over ownership and maintenance of the bridge from Joe Drive. This bridge serves as a critical connection point for both residents and visitors, and its upkeep is essential for safe and reliable access. We understand that certain standards and conditions would likely need to be met in order for such a transfer to be considered, and we are fully prepared to work with the City to explore what improvements or documentation might be required. We respectfully request the opportunity to meet with the appropriate City staff or representatives to discuss these matters further and determine the next steps, if applicable. Thank you for your time and consideration. We look forward to your response and to continuing our partnership in supporting the Mexico Beach community. Sincerely, The Board of Directors Ocean Plantation Homeowners Association, Inc. 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Each packet must include the following items (please check off each item SO that you know you have fulfilled the requirements.) A signed copy of the Beach Vendor Permit Process and Application cover page. A completed application, on forms provided-complete'y filled out and notarized. Letter from the upland property owner giving permission of the business to operate. Copies of each driver's license for all persons who work in the business. State sales tax number and Federal Employment Identification Number (FEIN). Original certificate of current general liability insurance, showing the City of Mexico Beach as additional insureds, in the minimum amount of $1,000,000 per occurrence and $3,000,000 in the aggregate. The following documentation is required to be provided to the City of Mexico Beach for vehicles and titled equipment used in the business: Copy of Certificate of Title. Copy of Florida Registration. Copy of current vehicle liability insurance certificate. Application Fee of $100.00 City of Mexico Beach Occupational License Submit the application packet to: City Administrator 201 Paradise Path Mexico Beach, Florida 32456 Phone Number: (850) 648-5700 Email: mel@mexcopeach.gow MEXICO BEACH a D Class I Beach Vendor Permit Process and Application A Class I Permit is for a business actually operating from the beach itself. All Beach Vending Permits issued by the City expire at the end of the calendar year in which they are granted. The City mandates that all businesses operating within city limits obtain an Occupational Permit. Additionally, any business conducting operations, whether partially or entirely, on the beach must secure a Beach Vendor Permit. Location Beach Vending Permits only apply to the location and activities specified in the application. Additional locations require a new application for additional Beach Vending Permits. Only one Class I Beach Vending permit shall be issued to each qualifying upland parcel. On-Beach Vending If the vendor intends to sell at one of the four reserved locations, the vendor must apply for a Class I Beach. Acknowledgment and Agreement The undersigned acknowledges, understands, and agrees to adhere to the conditions listed above and all conditions of the license. Signature: H Printed Name: Andrue Hernarhez Rentals LLC Business Name: Barcfoot Fayel s Peddle Board Date: s/29ks MEXICO BEACH - o R - o A Application for Beach Vendor Permit for Beach Delivery Only Check one of the following and complete as indicated: Individual Partnership Corporation/Limited Liability Company NAME ADDRESS CITY, STATE, ZIP DRIVER'S LICENSE # BaAs lcoekig pogd - & bowd re /308 Hwy 99 Maxivo BeclFL32454 If an application is a partnership or corporation, give the name of one partner or officer (not a manager unless an officer) who is primarily responsible for the management of the business: NAME DRIVER'S LICENSE NUMBER Ondrea Hernandes Address where correspondence is to be mailed: 15h S1. Street MRYIcO Beoeh EL32456 City, State, Zip Telephone Jl6 Office Cell 3 AD.001.202502 E-mail Bacefost oalagesanilon Applicant desires to operate under Trade Name of: Banfat Hayehe Pddlebond Reils LLC Activity Requested: Umbrellas Hobie Cats, Sunfish, Prindles and similar sailboats Cabanas Aqua cycles (same as water cycle) Floats and surfboards Kayaks, canoes and similar had paddled boats - Chairs Sailboards (but not kite boards) Beach photography, including photographs subsequently purchased and delivered off the beach, when not done as part of a permitted event Furnish names, addresses, current valid driver license numbers, and copy of driver's license of each individual that will be operating the beach business NAME ADDRESS DRIVER'S LICENSE NUMBER ( NVE r 31 P4 Kllysiepno d 4 AD.001.202502 Vehicle(s) or trailer(s) to be used in business described as follows: NOTE - throughout the duration of the vending period, changes to the license plate numbers must be by the city. The vehicle/trailer listed on the application will be the vehicle assigned to the permit. in writing and approved NAME TYPE YEAR/MODEL VIN/SERIAL # LIC/TAG # Misn Tites 20062 Polenis 4-whekr 2021 ( : - Business will be conducted: Daily Weekly Occasionally Seasonal Explanation if needed 1 - ) H Applicant Signature and Title If Entity 5 AD.001.202502 STATE OF FLORIDA COUNTY OF Bay Sworn to, subscribed and acknowledged before me by means of D physical presence na or D online notarization, this 2gth day of Fepruy, 2025, byAnrea anerdo is personally known to me or who has produced as identification. wic anaher (SEAL) Notary Public -Signature IAR MY JUN19,2026 COMM. EXP. NO.HH277873 9 DF , . PURIC 1 6 AD.001.202502 Check List for Beach Vendor Class II (Delivery & Pickup) Permit Application The application applies to vendors having a business location not on the beach but who deliver items to the beach. Each packet must include the following items (please check off each item SO that you know you have fulfilled the requirements). A signed copy of the Beach Vendor Permit Process and Application cover page. A completed application, on forms provided-complete'y filled out and notarized. Copies of each driver's license for all persons who work in the business. * State sales tax number and Federal Employment Identification Number (FEIN). Original certificate of current general liability insurance, showing the City of Mexico Beach as additional insureds, in the minimum amount of $250,000 per occurrence and $500,000 in the aggregate. The following documentation is required to be provided to the City of Mexico Beach for vehicles and titled equipment used in the business: Copy of Certificate of Title. Copy of Florida Registration. Copy of current vehicle liability insurance certificate. Application Fee of $100.00 K City of Mexico Beach Occupational License Submit the application packet to: City Administrator 201 Paradise Path Mexico Beach, Florida 32456 Phone Number: (850) 648-5700 Email: mell@mexcoDeachl.gox MEXICO BEACH a ) Class II Beach Vendor Permit Process and Application Class II Permits are businesses that operate from a location other than the beach which simply deliver items to and remove items from the beach such as chairs and umbrellas. All beach vending permits issued by the City shall expire at the end of the calendar year in which they are granted. The City mandates that all businesses operating within city limits obtain an Occupational Permit. Additionally, any business conducting operations, whether partially or entirely, on the beach must secure a Beach Vendor Permit. Rental Delivery and Pickup Businesses delivering rental items such as chairs, umbrellas, or paddleboards to the beach must obtain a beach vendor permit. All rental items must be delivered directly to the requesting individual and cannot be pre-set or staged for rental. The use of motorized delivery vehicles on the beach is strictly prohibited. Rental items may only be placed after 6:00 a.m. and must be removed by 7:00 p.m. On-Beach Vending = Mobile If the vendor intends to sell at one of the four reserved locations, the vendor mus apply for a Class I Beach Vending Permit instead of this Class II Beach Delivery & Pickup Permit. Acknowledgment and Agreement The undersigned acknowledges, understands, and agrees to adhere to the conditions listed above and all conditions of the license. Signature: Ihn 1 P Printed Name: Andren Aernenlez Rerfals LLS Business Name: Brelot Kayak & Peddk Goard Date: s/z9/25 MIXIC C) BEACH o R I D A Application for Beach Vendor Permit for Beach Delivery Only Check one of the following and complete as indicated: Individual Partnership Corporation/Limited Liability Company NAME ADDRESS CITY,STATE, ZIP DRIVER'S LICENSE # Baw A - coek tpadde hood e A /308 Hy 99 Mexivo BeeLFL324F If an application is a partnership or corporation, give the name of one partner or officer (not a manager unless an officer) who is primarily responsible for the management of the business: NAME DRIVER'S LICENSE NUMBER Andrea Hernandeg H Address where correspondence is to be mailed: 115h S1. Street MAYICO Beoeh EL3 32456 City, State, Zip Telephone Ala Office Cell 3 AD.001.202502 E-mail A-.ti-ljeyalan Applicant desires to operate under Trade Name of: Banfat HoykiPlibend Reials LLC Activity Requested: Umbrellas Hobie Cats, Sunfish, Prindles and similar sailboats Cabanas Aqua cycles (same as water cycle) Floats and surfboards Kayaks, canoes and similar had paddled boats Chairs Sailboards (but not kite boards) Beach photography, including photographs subsequently purchased and delivered off the beach, when not done as part of a permitted event Furnish names, addresses, current valid driver license numbers, and copy of driver's license of each individual that will be operating the beach business NAME ADDRESS DRIVER'S LICENSE NUMBER 2-0 Klly Sipna a 4 AD.001.202502 Vehicle(s) or trailer(s) to be used in business described as follows: NOTE - throughout the duration of the vending period, changes to the license plate numbers must be in writing and approved by the city. The vehicle/trailer listed on the application will be the vehicle assigned to the permit. NAME TYPE YEAR/MODEL VIN/SERIAL # ITCITAG # Misan Titen 2o0Le Poleris 4- whekr 2021 sy c. Business will be conducted: Daily Weekly Occasionally Seasonal Explanation if needed A Applicant Signature and Title If Entity 5 AD.001.202502 STATE OF FLORIDA COUNTY OF Bay Sworn to, subscribed and acknowledged before me by means of a physical presence Pay or D online notarization, this 94th day of FebFulary, 2025, by Andrea Menpuase is personally known to me or who has produced as identification. + - (SEAL) anaher Notary Public - Signature MY COMM. EXP. JUN 19,2026 No. HH277873 PUBLIC - 6 AD.001.202502 Check List for Beach Vendor Class II (Delivery & Pickup) Permit Application The application applies to vendors having a business location not on the beach but who deliver items to the beach. Each packet must include the following items (please check off each item SO that you know you have fulfilled the requirements). 4 A signed copy of the Beach Vendor Permit Process and Application cover page. A completed application, on forms provided-complete'y filled out and notarized. Copies of each driver's license for all persons who work in the business, State sales tax number and Federal Employment Identification Number (FEIN). App ke4 fc r Original certificate of current general liability insurance, showing the City of Mexico Beach as additional insureds, in the minimum amount of $250,000 per occurrence and $500,000 in the aggregate. The following documentation is required to be provided to the City of Mexico Beach for vehicles and titled equipment used in the business: Copy of Certificate of Title. Copy of Florida Registration. A Copy of current vehicle liability insurance certificate. Application Fee of $100.00 City of Mexico Beach Occupational License Submit the application packet to: City Administrator 201 Paradise Path Mexico Beach, Florida 32456 Phone Number: (850) 648-5700 Email: mel@mextopeachi.gow MEXICOBEACH Class II Beach Vendor Permit Process and Application Class II Permits are businesses that operate from a location other than the beach which simply deliver items to and remove items from the beach such as chairs and umbrellas. All beach vending permits issued by the City shall expire at the end of the calendar year in which they are granted. The City mandates that all businesses operating within city limits obtain an Occupational Permit. Additionally, any business conducting operations, whether partially or entirely, on the beach must secure a Beach Vendor Permit. Rental Delivery and Pickup Businesses delivering rental items such as chairs, umbrellas, or paddleboards to the beach must obtain a beach vendor permit. All rental items must be delivered directly to the requesting individual and cannot be pre-set or staged for rental. The use of motorized delivery vehicles on the beach is strictly prohibited. Rental items may only be placed after 6:00 a.m. and must be removed by 7:00 p.m. On-Beach Vending - Mobile If the vendor intends to sell at one of the four reserved locations, the vendor mus apply for a Class I Beach Vending Permit instead of this Class II Beach Delivery & Pickup Permit. Acknowledgment and Agreement The undersigned acknowledges, understands, and agrees to adhere to the conditions listed above and all conditions of the license. Signature: Dmiots Shui Printed Name: Denisg SKirvin Business Name: HiTyde BachSarvices LLC Date: 05119/3005 MEXICOBEACH P Application for Beach Vendor Permit for Beach Delivery Only Check one of the following and complete as indicated: Individual Partnership Corporation/Limited Liability Company NAME ADDRESS CITY,STATE, ZIP DRIVER'S LICENSF # Ryan 3119 whd Vaily Panama Ciyi 5Kirvin Road FL 33405 Denise 3119 wood Valley Panama City, SKicvin Rood FL 30405 If an application is a partnership or corporation, give the name of one partner or officer (not a manager unless an officer) who is primarily responsible for the management of the business: NAME DRIVER'S LICENSE NUMBER Doniso Skirvin Address where correspondence is to be mailed: 319 Wood Valley Road Street Ranama Ciy EL 30405 City, State, Zip (850)348-8010 Office Number Cell Number Sales & Mybuhsnics.tan Email Applicant desires to operate under Trade Name of: HiTyde Boch Sorvices Activity Requested: Umbrellas Hobie Cats, Sunfish, Prindles and similar sailboats Cabanas Aqua cycles Floats and surfboards Kayaks, canoes and similar hand paddled boats Chairs Sailboards (but not kite boards) Personal watercraft Parasail rides Beach photography, including photographs subsequently purchased and delivered off the beach, when not done as part of a permitted event Other (describe): Furnish names, addresses, current valid driver license numbers, and copy of driver's license of each individual that will be operating the beach business NAME ADDRESS DRIVER'S LICENSE NUMBER Ryan SKirvin Denise SKirJin nuu 4 Vehicle(s) or trailer(s) to be used in business described as follows: NOTE - throughout the duration of the vending period, changes to the license plate numbers must be in writing and approved by the city. The vehicle/trailer listed on the application will be the vehide assigned to the permit. NAME TYPE YEAR/MODEL VIN/SERIAL # LIC/TAG # 0003 Vehicle Toyota Enclose Plug 20a3 Trailer Toailes COTC Business will be conducted: Daily Weekly Occasionally Seasonal Explanation if needed Dmioes Shuis Applicant Signature (and Title if Entity) STATE OF FLORIDA COUNTY OF Bay Sworn to, subscribed and acknowledged before me by means of. physical presence or D online notarization, this IQ4h day of May who is personally known to me or who has produced FL DL as identification. BDhcL (SEAL) Daucl Notary Public = Signature - Notary Public - State of Florida CANDIS BILLIG MY COMMISSION # HH573715 EXPIRES: July 21, 2028 Bonded! through) Westem Surety Company - - Check List for Beach Vendor Class II (Delivery & Pickup) Permit Application The application applies to vendors having a business location not on the beach but who deliver items to the beach. Each packet must include the following items (please check off each item SO that you know you have fulfilled the requirements). A signed copy of the Beach Vendor Permit Process and Application cover page. A completed application, on forms provided- -completely filled out and notarized. Copies of each driver's license for all persons who work in the business. State sales tax number and Federal Employment Identification Number (FEIN). Original certificate of current general liability insurance, showing the City of Mexico Beach as additional insureds, in the minimum amount of $250,000 per occurrence and $500,000 in the aggregate. The following documentation is required to be provided to the City of Mexico Beach for vehicles and titled equipment used in the business: Copy of Certificate of Title. Copy of Florida Registration. Copy of current vehicle liability insurance certificate. Application Fee of $100.00 City of Mexico Beach Occupational License Submit the application packet to: City Administrator 201 Paradise Path Mexico Beach, Florida 32456 Phone Number: (850) 548-5700 Email: mellmexcobeachl.gow ) a a # E 0 MEXICOBEACH # 0 00 0000 a 0 a & à 8 6 6 % f 0 0 0 0 0 0 0 Y a 6 0 C 1 Class II Beach Vendor Permit Process and Application Class II Permits are businesses that operate from a location other than the beach which simply deliver items to and remove items from the beach such as chairs and umbrellas. All beach vending permits issued by the City shall expire at the end of the calendar year in which they are granted. The City mandates that all businesses operating within city limits obtain an Occupational Permit. Additionally, any business conducting operations, whether partially or entirely, on the beach must secure a Beach Vendor Permit. Rental Delivery and Pickup Businesses delivering rental items such as chairs, umbrellas, or paddleboards to the beach must obtain a beach vendor permit. All rental items must be delivered directly to the requesting individual and cannot be pre-set or staged for rental. The use of motorized delivery vehicles on the beach is strictly prohibited. Rental items may only be placed after 6:00 a.m. and must be removed by 7:00 p.m. On-Beach Vending - Mobile If the vendor intends to sell at one of the four reserved locations, the vendor mus apply for a Class I Beach Vending Permit instead of this Class II Beach Delivery & Pickup Permit. Acknowledgment and Agreement The undersigned acknowledges, understands, and agrees to adhere to the conditions listed above and all conditions of the icense. Signature: Printed Name: Philip Steen_ Business Name: Forgotten Coast Beach Co, LLC Date: 5/29/2025 MEXICOI BEACH Application for Beach Vendor Permit for Beach Delivery Only Check one of the following and complete as indicated: Individual Partnership Corporation/Limited Liability Company NAME ADDRESS CITY, STATE, ZIP DRIVER'S LICENSE # 3300 Highway 98 Forgotten Coast Beach Co, LLC Unit 311 Mexico Beach, FL 32456 0S If an application is a partnership or corporation, give the name of one partner or officer (not a manager unless an officer) who is primarily responsible for the management of the business: NAME DRIVER'S LICENSE NUMBER Philip Steen Address where correspondence is to be mailed: 3300 Highway 98 Street Mexico Beach, FL: 32456 City, State, Zip Telephone (850) 273-5930 Office Cell 3 AD.001.202502 E-mail pete@Icbeach.com Applicant desires to operate under Trade Name of: Forgotten Coast Beach Co Activity Requested: Umbrellas Hobie Cats, Sunfish, Prindles and similar sailboats Cabanas Aqua cycles (same as water cycle) Floats and surfboards Kayaks, canoes and similar had paddled boats 4 Chairs Sailboards (but not kite boards) Beach photography, including photographs subsequently purchased and delivered off the beach, when not done as part of a permitted event Furnish names, addresses, current valid driver license numbers, and copy of driver's license of each individual that will be operating the beach business NAME ADDRESS DRIVER'S LICENSE NUMBER Philip Steen 3300 Highway 98, unit 311 Mexico Beach, FL 32456 4 AD.001.202502 Vehicle(s) or trailer(s) to be used in business described as follows: NOTE - throughout the duration of the vending period, changes to the license plate numbers must be in writing and approved by the city. The vehicle/trailer listed on the application will be the vehicle assigned to the permit. NAME TYPE YEAR/MODEL VIN/SERIAL # LIC/TAG # Philip Steen Ford 1994 F250 Business will be conducted: Daily Weekly Occasionally Seasonal Explanation if needed Applicant Signature and Title If Entity 5 AD.001.202502 STATE OF FLORIDA COUNTY OF A Sworn to, subscribed and acknowledged before me by means of R physical presence PM - or D online notarization, this 8 day of February, 2025, by Phip Gpen who is personally known to,me or who has produçed - 041 219t as identification. OMM QACAM (SEAL) Notary Public - Signature OIARP My Comm. Expitres! November 8. 2027 No. HH 462917 a EURI OF 6 AD.001.202502 MEXICOBEACH 0 D CITY OF MEXICO BEACH CITY COUNCIL For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # a Meeting Date: 06-03-2025 Department: Consent Regular Closed Public Hearing: Yes No Agenda Agenda Session Date of Public Hearing: RESENTERINPORMATON CONTACT: Sandy Walker, Fire Chief ITEM TO BE CONSIDERED Subject: Resolution 25-03 Bay County Local Mitigation Strategy Plan 2025 Attachment(s): Resolution 25-03 Brief Summary: Bay County will be adopting LMS plan on June 3, 2025 at the BOCC meeting and a Resolution from the City of Mexico Beach is needed to send to FDEM. Resolutions from the County and all municipalities will be submitted to FEMA to ensure all is eligible for federal funding for the next five years. Action Requested: Council approval to adopt Resolution 25-03 for Bay County to submit to FDEM to forward to FEMA ISSUE OVERVIEW Background Information & Issue Summary: The State of Florida completed a State review of the Bay County Local Mitigation Strategy update for compliance with the federal hazard mitigation planning standards contained in 44 CFR 201.6(b)-(d). Based on their review, Bay County developed and submitted all the necessary plan revisions, and their staff reviewed and approved these revisions. They determined that the Bay County LMS plan is compliant with federal standards, subject to formal community adoption. Financial Impacts: Staff RecommendtionsCommens - Recommends approval of Resolution 25-03 RESOLUTION 25-03 A RESOLUTION OF THE CITY OF MEXICO BEACH, BAY COUNTY, FLORIDA ADOPTING THE 2025 BAY COUNTY LOCAL MITIGATION STRATEGY PLAN; AND PROVIDING AN EFFECTIVE DATE WHEREAS, areas of Bay County which include the City of Mexico Beach are vulnerable to the human and economic costs of natural, technological, and societal disasters, and WHEREAS, the City of Mexico Beach governing body realizes the importance of reducing or eliminating those vulnerabilities for1 the overall good and welfare of the community, and WHEREAS, the City of Mexico Beach has been an active participant in the Bay County Local Mitigation Strategy Plan update process, which has established a comprehensive, coordinated planning process to eliminate or decrease these vulnerabilities; and WHEREAS, the City of Mexico Beach representatives and staff have identified, justified and prioritized a number of proposed projects and programs needed to mitigate the vulnerabilities of Bay County and the City of Mexico Beach to the impacts of future disasters; and WHEREAS, these proposed projects and programs have been incorporated into the updated edition of the 2025 Bay County Local Mitigation Strategy Plan that has been prepared and issued for consideration and implementation by the communities and jurisdictions of Bay County. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mexico Beach, Bay County, Florida, that: 1. The City of Mexico Beach hereby accepts and approves the Bay County Local Mitigation Strategy Plan. 2. The agency personnel of the City of Mexico Beach are requested and instructed to pursue available funding opportunities for implementation of the proposals designated therein. 3. The agencies and organizations within the City of Mexico Beach will, upon receipt of such funding or other necessary resources, seek to implement the proposals contained in its section of the strategy. 4. The City of Mexico Beach will continueto participate in the updating and expansion of the Bay County Local Mitigation Strategy Plan in the years ahead. 5. The City of Mexico Beach will further seek to encourage the businesses, industries and community groups operating within the city to also participate in the updating and expansion of the Bay County Local Mitigation Strategy Plan in the years ahead. 6. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED AND. ADOPTED by the City Council of the City of Mexico Beach, Bay County, Florida on this the day of 2025. CITY OF MEXICO BEACH, FLORIDA Richard Wolff, Mayor Tammy Brunson, City Clerk -- MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # Meeting Date: 06-3-24 Department: Admin Consent Regular Closed Public Hearing: Yes 3 No Agenda Agenda Session Date of Public Hearing: PRESENTERINFORMATION CONTACT: Mell Smigielski ITEM TO BE CONSIDERED Subject: Boathouses as an accessory use. Attachment(s): Section 2.04.00 Accessory Structures of Mexico Beach LDC. Bay County Accessory Uses and Structures. Panama City Municipal Code Section on Docks and boat structures. Brief Summary: The City Council discussed boathouses at a meeting in April. Action Requested: City staff requests direction from the City Council on the next steps. ISSUE OVERVIEW Background Information & Issue Summary: The City currently has several applications for boathouses without primary structures. Boathouses are considered an accessory use to the primary use on the lot. Our LDC says, in Section 2.04.00, Accessory structures shall be located on the same lot as the principal structure to which they are accessory . In most cases, a boathouse is not physically situated on the lot of the primary use. Financial Impacts: None. Staff ecommemdationsCommens Chanes to the LDC would require an ordinance change. 2.04.00 ACCESSORY STRUCTURES It is the purpose of this Article to regulate the installation, configuration, and use of accessory structures in order to ensure that they are not harmful either aesthetically or physically to residents and surrounding areas. Definitions Principal structure The principal structure shall be construed to mean the dwelling unit, house, or commercial use located on the lot that contains the principal use. Principal Use The primary use on a lot as allowed by the Zoning District within which the lot is located. Accessory structure A structure of a nature incidental and subordinate to the principal structure. Accessory structures shall be located on the same lot as the principal structure to which they are accessory. Unless otherwise provided, if on the same premises where a building is attached to the principal building, it shall be considered a part thereof, not an accessory building. Accessory use A use of a nature customarily andlor functionally incidental and subordinate to the principal use on a lot. (Ord. 711, passed 2-5-2019) 2.04.01 General Standards and Requirements Any number of different accessory structures may be located on a parcel, provided that the following requirements are met: A. There shall be a permitted principal development on the parcel, located in full compliance with all standards and requirements of this Code. No accessory structure shall be permitted until the principal structure is complete. A variance from this provision is not allowed. B. Accessory structures shall not be located in a required buffer, landscape area, or minimum building setback area. C. Accessory structures shall be included in all calculations of impervious surface and stormwater runoff. D. Accessory structures shall be shown on any concept development plan with full supporting documentation of compliance with Articles II and III of this Code. E. Maximum size of accessory structures 1. The total square footage for all accessory structures on a lot shall not exceed seventy-five percent (75%) of the square footage of the primary structure. 2. A combination of square footage of both the primary structure and accessory structure may not exceed the allowable densities and intensities within each Zoning District as stated in Article II Section 2.02.02 of this Code. F. Vehicles, including manufactured housing and mobile homes, shall not be used as accessory structures. G. Standards All accessory structures shall comply with the following standards: 1. Twelve (12) feet maximum height in residential Zoning Districts, twelve (12) feet in commercial Zoning Districts and sixteen (16) feet for garages/carports and boatsheds. 2. No noise, glare, odor, vibration, or fume shall be produced by the accessory structure itself or activities performed within the structure. H. All accessory structures must satisfy the requirements of 2.01.02 of this Code. I. All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this Code. (Ord. 711, passed 2-5-2019) 2.04.02 Swimming Pools, Hot Tubs, and Similar Structures A. Swimming pools shall be permitted only in side and rear yards and shall not encroach into any required building setback. B. Enclosures for pools shall be considered a part of the principal structure and shall comply with standards for minimum distance between buildings, yard requirements, and other building location requirements of this Code. C. All pools shall be completely enclosed with an approved barrier as per the Florida building code. The enclosure shall completely surround the pool and shall be of sufficient density to prohibit unrestrained admittance to the enclosed area through the use of self-closing and self-latching doors. D. No overhead electric power lines shall pass over any pool unless enclosed in conduit and rigidly supported, and shall conform to the standards of the National Electric Code. No power line shall be nearer than ten (10) feet horizontally or vertically from the pool's water edge. E. Excavations for pools to be installed for existing dwellings shall not exceed a 2:1 slope from the foundation of the house, unless a trench wall is provided. (Ord. 711, passed 2-5-2019) 2.04.03 Fences A. All fences to be built shall comply with the Florida Building Code. The posts of each fence must be resistant to decay, corrosion, and termite infestation. The posts must also be pressure-treated for strength and endurance. B. Fences or hedges may be located in all side and rear yard setback areas. No fence located in the side and rear yard setbacks shall exceed the height of six (6) feet. Hedges located in front yards shall not exceed three (3) feet in height. C. No fences shall be placed in front yards (the yard abutting a road or public right-of-way and defined by extending the line of the front wall of the principal structure to the side property lines) except as provided in section 2.04.03..2. below. D. The waterfront side of any property shall conform to the same fence type and placement standards as the front yard of any property. E. In areas where the property faces two (2) roadways or is located in any other area construed to be a corner lot, no fence or hedge exceeding two (2) feet shall be located in the vision triangle, as required by Article VI. F. Any fence shall be placed with the finished side facing outward from the property. G. No fence or hedge shall be constructed or installed in such a manner as to interfere with drainage on the site. H. Fences shall require permits subject to standards that include but are not limited to fence design (type), height, material, and placement as specified by the Mexico Beach City Council and this Code. I. Exemptions 1. Afence required for safety and protection of hazard by another public agency may not be subject to the height limitations above. Approval to exceed maximum height standards may be given by the Planning and Zoning Board upon receipt of satisfactory evidence of the need to exceed height standards. 2. Non-opaque decorative fences used strictly for landscape purposes and not exceeding three (3) feet in height may be placed in front yards (as defined above). A chain-link fence, for example, even if less than three (3) feet in height, does not constitute a decorative landscape fence. J. Materials [Reserved] (Ord. 711, passed 2-5-2019) Chapter 4 Bay County Land Development Regulations Residential Zones d. Electric power substations, to be evaluated on a case-by- case basis. e. Others as determined by criteria specified in Chapter 12. 3. Accessory Uses and Structures. Accessory uses and structures allowed in R-1 zones are as follows. All others are conditional uses or prohibited uses. Accessory uses and structures are allowed only when a principal use or structure exists and can be located only in side or rear yards except in the case of residential docks, piers, and boathouses. Accessory uses may be placed in front of primary uses or structures when the lot is abutting a body of water. Except for fences all accessory uses must be located at least five (5) feet from side and rear property lines. Accessory uses shall conform to the Standard Building Code where applicable. (Amended, Ord. No. 22-65, 12-20-22) a. Unattached garage. b. Unattached carport. C. Garage apartment, guesthouse, or domestic quarters. d. Swimming pool and pool house. e. Storage shed/Greenhouse. f. Satellite dishes. Unattached satellite dishes or those larger than three (3) feet in diameter are allowed only in rear yards. g. Amateur radio antennae. h. Unattached deck or patio. i. Residential docks, piers and boat houses will be allowed on undeveloped property without a primary use provided the dock is either exempt from or eligible for and the owner obtains a Noticed General Permit from the Florida Department of Environmental Protection. SECTION 405. R-2 Single Family and Duplex Dwellings (Amended Ord.13-49, 12-17-13.) 1. Allowable Uses. The following uses are allowed in R-2 zones, all others are conditional or prohibited: 09/21/04 4-3 $1 110-4 PANAMA CITY MUNICIPAL CODE 6. No satellite dish or antenna shall be V. Placement of a dock on property used for any commercial purposes and with at least 65 feet of shoreline shall service the principal structure only. shall be as follows: 7. Satellite dish and antenna installation a. Docks with access walkways shall be limited to one installation per lot shall be set back no less than or dwelling. 25 feet from any property line perpendicular to the water body. 8. The requirements of this section shall not be applicable in zoning districts that b. Docks without access walkways allow for commercial or industrial uses. shall be set back no less than ten feet from any property line G. Docks and boat structures. To better protect perpendicular to the water body. the natural resource of the city's shoreline and provide standards for water-dependent structures vi. Placement of a dock on property in areas that allow for residential development, with less than 65 feet of shoreline docks and boat structures shall be permitted in shall be equally centered between all zoning districts that allow for residential the property lines perpendicular to development provided: the water body. 1. The structure(s) receives a development vii. Placement of the dock in the water order from the city and meets the require- area shall comply with the follow- ments of this section. ing: 2. The dock structure is solely ancillary to a. The access portion of the dock use ofthe upland residence contiguous to shall not exceed a width of five the body ofv water over which the structure feet; is built and shall not allow for more than b. Extension of the dock into the two boat slips per lot or one and one-half watercourse shall not be any per dwelling for common docks. longer than necessary to reach 3. The homeowner's construction plans will a maximum water depth of and four feet below mean low water include a stamped sealed survey indicating the required setback to adjoin- (low tide) or 25 feet, whichever ing riparian rights lines and meeting all is greater. However, the dock of the following requirements: shall not extend further than 20 percent of the width of the i. The structure shall not include any waterbody regardless. enclosed building with walls or doors for living quarters except for the C. No portion ofthe dock shall be sole storage of recreational equip- less than five feet from the ment and supplies. riparian property line except for a shared dock. Common ii. The structure shall only be used for docks must meet all require- recreational, noncommercial activi- ments of this section. ties, including a prohibition of the mooring of commercial vessels. 4. The structure complies with the permit- ting requirements of all other iii. There shall be no dredging except governmental agençies having jurisdic- for that which is necessary to install tion over the project. Evidence of an pilings. exemption from such compliance must be iv. The dock structure shall not impede furnished by the homeowner before the flow of water, nor navigation. approval shall be granted. Supp. No. 38 CD110:6 SUPPLEMENTAL STANDARDS $110-5 5. The use of the structure shall be limited B. The use of the premises for a home to the mooring or docking of private occupation or home office shall be clearly recreational vessels only. incidental and subordinate to its use as a 6. For situations where the owners of residence, and shall not alter the adjacent properties have determined that residential character of the structure. a shared dock is preferable, the property C. There shall be no change in the outside owners shall comply with all above appearance of the building or premises, requirements, except that the dock may or other visible evidence of the existence lie on the shared property line. A shared home of a occupation or home office. dock is subject to the following require- ments: D. No home occupation shall occupy more i. An attendant and private access than 25 percent of the first-floor area of easement shall be established to the the dwelling. No accessory building, owners on each property, and shall freestanding or attached, shall be used be presented to the city at the time for a home occupation. of application. E. No home office or home occupation shall ii. Any shared dock shall gain prior generate an increase in vehicular traffic approval from all outside agencies volume above that normally expected in andjurisdictions, as applicable, prior a residential neighborhood, and any to the issuance of a development vehicular parking shall be off the street. order by the city. iii. A shared dock must include a F. No equipment, tools, or process shall be notarized application request from used in a home occupation which would all property owners involved. interfere with the use or enjoyment of 7. All other dock or boat structures shall neighboring properties because of noise, require city commission approval. vibration, glare, fumes, odors, or electri- H. Porches. cal disturbance. In the case of electrical disturbance, no equipment or process 1. Unenclosed porches are permitted shall cause visual or audible interference encroachments into any yard. In a rear in any radio, telephones, or television or side yard, an unenclosed porch must receivers or fluctuations of in-line volt- be at least three feet from any lot line. off the premises. Unenclosed porches are permitted to age encroach six feet into a required front G. Outdoor storage of materials is prohibited. yard. H. A home occupation and a home office 2. Enclosed porches must meet all setback shall be subject to all appropriate city requirements. occupation licensing requirements, fees, 3. Steps and stoops are not considered and other business taxes. porches. (Ord. No. 2675, $ 1(Exh. A), 3-12-2019) I. Retail sales and the routine delivery of parcels is prohibited. Sec. 110-5. Home occupations and home offices of convenience-Gener J. Home office business activities shall be ally. limited to that conducted by phone or A home occupation and a home office of mail, or internet. convenience shall be allowed in a bona fide K. A home occupation does not include the dwelling unit subject to the following conditions: following: A. No person other than members of the and 1. Beauty shops barbershops family residing on the premises shall be having more than one chair; engaged in such occupation or business activity. 2. Studios for group instruction; Supp. No. 44 CD110:7 MEXICOBEACH City Council For Clerk's Use Only Agenda Abstract Form AGENDA ITEM # Meeting Date: 06-3-24 Department: Admin Consent Regular Closed Public Hearing: Yes 3 No Agenda Agenda Session Date of Public Hearing: PRESENERINPORMATON CONTACT: Mell Smigielski ITEM TO BE CONSIDERED Subject: Maintenance agreement for Joe Drive and adjoining ditch on the west side of street. Attachment(s): Agreement with The St. Joe Company. Brief Summary: The proposed agreement will carry us through until the properties are transferred to the City. Action Requested: Approve agreement. ISSUE OVERVIEW Background Information & Issue Summary: The City has been in conversations with the St. Joe Company concerning the transfer of Joe Drive and the adjoining ditch. Joe Drive is an integral part of a secondary ingresslegress route for future expansion of city services. As for the ditch, itis incumbent on the City to have control of ditches for stormwater purposes. Financial Impacts: Maintenance costs. Staff ecommendalonsCommens LICENSE AND INDEMNIFICATION AGREEMENT AND WAIVER OF CLAIMS THIS LICENSE AND INDEMNIFICATION AGREEMENT AND WAIVER OF CLAIMS ("Agreement") is made and entered into by and between THE ST. JOE COMPANY, a Florida corporation ("Licensor") whose address is 130 Richard Jackson Boulevard, Suite 200, Panama City Beach, FL 32407, and CITYOF MEXICO BEACH, a municipal corporation whose address is 201 Paradise Path, Mexico Beach, Florida 32456 ("Licensee"). RECITALS: A. Licensor is the owner of certain real property comprised of approximately +- 2.666 acres of vacant land identified by the Bay County Property Appraiser's office as Parcel Numbers 04133-000-000 and 04185-030-000, being depicted in the map referenced as EXHIBIT "A" ("Property"). B. Licensee desires to enter the Property for the purpose of performing maintenance thereon (the "Permitted Activity"): pursuant to the express restrictions contained in this Agreement. C. Licensor is willing to grant Licensee a temporary non-exclusive revocable right of usage and access over the Property ("License") to conduct the Permitted Activity, but only based on the terms and conditions hereof. D. Licensee acknowledges and appreciates the risks of coming on the Property to conduct the Permitted Activity. E. Licensee acknowledges and agrees that Licensee, Licensee': S Invitees (as hereinafter defined) shall at all times exercise due care for their own personal safety and the safety on the Property and Licensee shall fully indemnify Licensor for any damages which may occur on the Property and/or are or will be associated with Licensee's use oft the Property. NOW, THEREFORE, in consideration ofthe mutual undertakings of the parties set forth in this Agreement and of other valuable considerations, the receipt and sufficiency of which the parties hereby acknowledge the parties hereby agree as follows: 1. Incorporation of Recitals. The recitals above are incorporated herein as if restated. 2. Grant of License to Perform Permitted Activity. Licensor hereby grants a License to Licensee, its employees, agents, subcontractors, and persons under Licensee's control, and to any contractor hired by Licensee, its employees, agents, subcontractors, and all persons under their direction and control (collectively, "Contractors"), to perform the Permitted Activity on the Property pursuant to the express conditions and restrictions contained in this Agreement. Licensee may not conduct any activity on the Property other than the Permitted Activity and may not construct any improvement on the Property without the prior written consent ofl Licensor. 3. Grant of License for Permitted Activity. Licensor hereby grants a License to Licensee, its employees, agents, subcontractors, and persons under Licensee's control, and to any contractor hired by Licensee, its employees, agents, subcontractors, and all persons under their direction and control (the "Invitees"): as well as the "Invitees"including the general public to enter and use the Property pursuant to the express conditions and restrictions contained in this Agreement. Licensee may not conduct any activity on the Property other than the Permitted Activity. 4. Non-Exclusive Grant. At all times, the Licensee's use of the Property shall be non-exclusive and Licensor may grant other third parties additional rights to use the Property in connection with the Licensor's use of contiguous or nearby parcel(s). 5. Possession Date, Term. Unless terminated by Licensor, the term ("Term") of the License shall commence on 2025 ("Possession Date") and shall run for a period of one (1) year ("Termination Date"). In addition to the terms set forth in Section 6 below, Licensee understands and agrees that Licensor may terminate this Agreement at any time and for no reason at all. 6. Termination. Licensor may terminate this Agreement upon the occurrence of any of the following: (a) Failure ofLicensee to comply with the terms ofthis Agreement; (b) Failure of Licensee to comply with the terms of the permits, as hereinafter defined; or (c) Upon ninety (90) days advance written notice to Licensee. 7. Use Restrictions. The Property may be used solely to conduct the Permitted Activity and only during the Term. There shall be no use or act by Licensee, its Contractors or Invitees which is in violation of any such rule, or any law or ordinance established by any federal, state, municipal or local governmental or regulatory agency pursuant to this Agreement. Licensee, its Contractors or Invitees agree to comply with all applicable laws, rules and regulations. Licensee shall be solely responsible for any permit non-compliance and construction defaults pursuant to this Agreement caused by Licensee, its Contractors or Invitees. Licensee shall not permit any use of the Property which would cause a disruption, or which would be offensive or harmful in Licensor's reasonable discretion. 8. Performance of Permitted Activity. Prior to performing any Permitted Activity under this Agreement, Licensee shall have any Contractors performing any work on or around the Property execute and deliver to Licensor a Joinder Agreement in the form attached hereto as EXHIBIT "B". Contractors shall comply with this Agreement, all permits, as well as all applicable laws and regulations, with respect to performing the Permitted Activity. Licensee shall be responsible for all costs required for the Permitted Activity and, unless Licensee obtains Licensor's prior written consent, Licensee's activities on the Property shall be limited to the 2 Permitted Activity. Licensee shall not make any improvements to the Property without the Licensor's prior written consent. 8.1. As-Is Condition. Licensee agrees the access and use of the Property and any systems and equipment serving the Property shall be "AS IS," without any agreements, representations, understandings or obligations on the part of Licensor to perform any further alterations, repairs or improvements and shall further constitute a waiver and release by Licensee of any claim or cause of action for damages from Licensor resulting from any error or omission. 8.2. Compliance With Laws. Prior to the performance ofthe Permitted Activity Licensee shall comply with all applicable laws, ordinances, requirements, orders, directions, rules and regulations of the federal, state, county and municipal governments having or claiming jurisdiction of or over the Property or any part of either, and of all their respective departments, bureaus and offices, and with the requirements and regulations, if any. 8.3. No] Liens. The Permitted Activity shall be performed at Licensee's sole cost and expense, free of any expense to Licensor and of any liens on Licensor's fee simple interest. Licensee shall pay or bond off any lien placed by any Contractor on the Property within fifteen (15) days oft the recording of such lien in the public records. 8.4. Obligations of Licensee Prior to and Upon Entry. Prior to entering the Property, Licensee shall furnish to Licensor evidence of insurance coverage as required herein, and, in addition, shall deliver to Licensor satisfactory proofthat all workers ofLicensee, and all of its contractors and subcontractors entering upon the Property, shall be covered by workers' compensation insurance as required by law. 9. Maintenance. Licensee shall, at its sole cost and expense, perform any and all maintenance and repairs to the Property during the Term to keep the Property in a clean, neat and good condition and repair including, but not limited to, the maintenance of the stormwater management facilities. Licensor in its sole discretion, may redesign the Property. Licensee shall not allow any accumulation of trash or debris on the Property or any adjacent Property owned by the Licensor or use ofthe Property for long term, overnight, trailer, or oversized vehicle parking. Notwithstanding the foregoing, in the event that Licensee fails to maintain the Property or allows trash or debris to accumulate on Licensor's adjacent property, Licensee shall reimburse Licensor for any costs associated with the maintenance, repair of the Property or cleanup of adjacent property resulting from Licensee's failure to maintain or repair the same or resulting from damage caused by Licensee, its Contractors or Invitees normal wear and tear excepted. 10. Release and Indemnity. As further consideration for the License granted hereunder, Licensee hereby agrees: 10.1. to assume all risks involved and to be fully responsible for the safety of Licensee, its Contractors and Invitees and, and hereby releases, saves and discharges Licensor, its successors and assigns, from any and all claims and demands of whatever nature, whether for personal injury or death ofLicensee, its Contractors or Invitees, or loss of, or damage to personal property, and hereby assume further full responsibility for any accident, death, dismemberment, 3 temporary or permanent disability resulting to Licensee and any Contractors and Invitees as a result of the License granted herein; and 10.2 to indemnify and hold harmless Licensor, its successors or assigns (without waiving the sovereign immunity limitations on liability for Licensee under $768.28, Florida Statutes) from any liability, costs and expenses, including attorney's fees, on account ofinjury to or death of any person or persons whomsoever, including Licensee, Contractors, Invitees, employees, agents or representatives of the parties hereto or third persons, or for any loss or damage to property arising from or in connection with the Permitted Activity, the use or occupancy oft the Property, or from ingress or egress from the Property. 10.3 that Licensor will look solely to Licensee' s indemnification set forth herein this Article 10 in connection with Licensee and its Contractors and Invitees entry upon and including any activity on the Property. 10.4 that neither Licensee nor its Contractors or Invitees shall record a Notice of Commencement on the Property and that Licensee shall pay for all services in connection with the Permitted Activity and pay or bond off any liens recorded against the Property by Contractors and/or Invitees within fifteen (15) days ofr recording of said liens. 11. Confidentiality. For SO long as Licensor owns the Property, any information or knowledge acquired by Licensee or its Contractors and Invitees from the Permitted Activity or otherwise gained as a direct or indirect result ofthis License shall not be used, published (including public publications) or divulged by Licensee or its Contractor or Invitees to any other person, firm, corporation, or governmental agency or in any other manner or connection whatsoever without first having obtained written permission of] Licensor, which permission Licensor may withhold in its sole discretion, or unless required by law. However, nothing herein shall prevent the Licensee from complying with the requirements of Florida' 's public records law, Chapter 119, Florida Statutes, compliance with which will not be considered a violation oft this agreement. 12. No Waste. Licensee agrees that no act shall be permitted and nothing shall be kept in or about said Property that will increase the risk of any hazard, fire or catastrophe, and no waste shall be permitted or committed upon or any damage done to said Property, including but not limited to Licensee shall in no way take any action or fail to take necessary action to ensure no adverse effect ofto the merchantability oft timber on Licensor's property. Licensee shall not permit the Property to be used or occupied in any manner which violates any laws or regulations of any governmental agency. 13. Insurance. Unless otherwise specified in this Agreement, Licensee and Licensee's Contractors shall, at their sole expense, maintain in effect at all times during the Term insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to Licensor. Prior to commencing the Permitted Activity Licensee and Licensee's Contractors shall deliver to Licensor Certificates of Insurance as evidence that policies providing such coverage and limits ofinsurance set forth below arei in full force and effect, which Certificates shall provide that no less than thirty (30) calendar days advance notice will be given in writing to Licensor prior to cancellation, termination or material alteration of said policies or insurance. All insurance shall be carried in companies satisfactory to Licensor, shall name Licensor, its partners, 4 its parent corporations, its affiliates and their respective officers, directors, authorized representatives and employees and Licensor's mortgagees as additional insured and the Policy shall include the condition that it is primary, and that any liability insurance maintained by Licensor, or any other additional insured is excess and non-contributory. The insurance required under this section shall include the following coverage and limits in the following categories, amounts and detail: 13.1. Worker's Compensation as required by applicable law and Employers' Liability Insurance with minimum limits ofOne Million and No/100 U.S. Dollars ($1,000,000.00) per occurrence. 13.2. Commercial General Liability Insurance and Comprehensive Automobile Liability Insurance on an "occurrence" basis, including Bodily Injury and Property Liability in limits of not less than One Million and No/100 U.S. Dollars ($1,000,000.00) each occurrence or combined single limit which shall include broad form contractual liability insurance and coverage for independent contractors and completed operations. 13.3. All policies will be endorsed to include the Licensor as an additional insured and will state that the insurance is primary insurance as regards any other insurance carried by the Licensor. All insurance coverages required by this Section shall be issued by companies with an A-VIII rating or better in the Best Guide, on forms acceptable to Licensor and shall provide that coverage thereunder may not be reduced or canceled unless thirty (30) calendar days prior written notice thereofis furnished to Licensor. Certificates ofinsurance shall be provided to Licensor prior to commencing the Permitted Activity. Licensee and Licensee's Contractors, for all those furnishing labor or materials to or through Licensee hereby agree to waive their right ofsubrogation and that such waiver shall be permitted by the insurance policy or policies procured by Contractors. 14. Waiver. No failure ofLicensor to enforce any term hereof shall be deemed a waiver of said term. The rights and remedies of] Licensor as contained in this License and as permitted by law or equity shall be cumulative. 15. Assignment. Licensee may not assign this License in whole or in part, without the prior written approval of Licensor, which said approval may be withheld at Licensor's absolute discretion. 16. Recording. This License shall not be recorded in the public records. 17. No Bailment. No bailment is created by virtue of this License. This License authorizes the Licensee and its Invitees to use the Property for the Permitted Use at the Licensee's sole and absolute risk. 18. Limitation on Licensor Liability. The Licensor is not responsible for fire, theft, damage or loss to any vehicle parked on the Property or any article of personal property left therein. IN WITNESS WHEREOF, Licensor and Licensee executed this Agreement as of the Effective Date. 5 LICENSOR: LICENSEE: THE ST. JOE COMPANY, CITY OF MEXICO BEACH, al Florida corporation ai municipal corporation By: By: Printed Name Its ATTEST: CITY CLERK 6 EXHIBIT "A" The Property: Bay County Property Appraiser Parcel Number 04133-000-000. Bay County Property Dan Sowell, CFA Main orice 1 860w. St, FL3 32401 850-248-8401 Beach Office I 301 Jackson Apprais s Blvd, Panama City Beach, FL32407 1 850 248-8470 Overview 6 b Parker Pkwy Legend a E b Parcels à a b, Roads 8 - ! t a o t - - 5 Kendra Davis Blvd N15thst ParcelID 04133-000-000 Owner THEST. JOE COMPANYLLC Last2Sales Class Code VACANT C/01 TAXD DEPARTMENT Date Price Reason Qual Taxing District 8 130R RICHARD JACKSONE BLVDS SUITE 200 6/15/2005 $7500 N/A Q MEXICOE BEACH PANAMAC CITY BEACH, FL 32407-2512 n'a 0 n'a rva Acres 0666 PhysicalA Address 2365 12W MLS Just Value Value $333 (Note: Nott tobeusedo onk legaldocuments) Maps have been compiled from the most authentic information available and are to be used for assessment purposesonly. Bay County Property Appraiser's Office assumes NOresponsibilityt for errors and/or omissions that may be contained herein. THIS MAPI ISI NOT A! SURVEY Datec reated: 4/8/2025 Last Datauploaded: 4/8/20252:1 1526 6 AM Dmfs SCHNEIDER 7 EXHIBIT "A" The Property: Bay County Property Appraiser Parcel Number 04185-000-000. Overview Legend Parcels 2025 Improved Sales B 2025 Vacant Sales 2024 Improved 6 Sales 2 2024) Vacant Sales 20231 Improved - - Sales 2023Vacant! Sales 5 2022 Improved 8% Sales 2022' Vacant Sales 20 5 - & A - o 5 & * 6 d S a - sont C ParcelID 04185-030-000 Owner THEST. JOEC COMPANYI LLC Last: 2Sales Class Code VACANT C/O1 TAXDEPARTMENT Date Price Reason Qual Taxing District 8 130NF RICHARD JACKSONBIVDSTE200 n/a 0 n/a n/a MEXICOBEACH PANAMA CIYBEACKFL3240.2512 n/a 0 n/a n/a Acres 2.0 Physical Address 15THSTN MLS JustValue Value $2000 (Note: Not tol be used lonl legal documents) Maps have been compiled from the most authentic information available and are to be used for assessment purposes only. Bay County Property Appraiser's Office assumes NO responsibility for errors and/or omissions that may be contained herein. THIS MAPI IS NOT A SURVEY Datecreated: 5/14/2025 Last Datal Uploaded: 5/14/20252:111 14AM Developedbyf 3 SCHNEIDER ec 8 EXHIBIT "B" JOINDER AGREEMENT The undersigned, a hereby acknowledges receipt of a copy of the License Agreement dated by and between THE ST. JOE COMPANY, a Florida corporation ("Licensor") and CITY OF MEXICO BEACH, FLORIDA a municipal corporation ("Licensee") (the "Agreement"). By completion of this Joinder Agreement, the undersigned agrees to comply with and to be bound by the terms, conditions, covenants and restrictions of the Agreement in all respects, including, without limitation, the obligation to conduct its work for the Licensee in accordance with the provisions of the Agreement, to assume the risks provided in the Agreement and to carry insurance and provide evidence of such consistent with the Agreement. The undersigned understands that all provisions ofthe Agreement are hereby made a part ofthis Joinder. Agreement. The undersigned ContactorSubocontractor additionally agrees to indemnify and hold harmless Licensor, its successors and assigns, from any liability, costs and expenses, including attorney's fees, on account of injury or death of any person or persons, whomsoever, including Licensee, Contractor, Subcontractor, employees, agents or representatives ofthe parties hereto, or third person, or for any loss or damage to property arising from or in connection with the use or occupancy ofthe Licensor's Property, including, without limitation, the Permitted Activity. The undersigned ContnctorSubcontractor specifically represents and warrants to Licensor that it () has the professional experience and skill to exercise its rights and perform its obligations hereunder, (ii) shall comply with applicable federal, state and local laws, including all professional registration and licensing (both corporate and individual) for all Permitted Activity, (iii) shall exercise its rights and perform their obligations in accordance with generally accepted professional standards, (iv) have sufficient capital assets and are adequately financed to meet all financial obligations it may be required to incur hereunder and (v) has obtained all permits necessary to perform the Permitted Activity. All: references in the. Agreement to a "Contractor" or "Subcontractor" ofthe Company shall henceforth be deemed to include the undersigned. Any notice to be addressed to the undersigned pursuant to the provisions ofthe Agreement shall be sent to: 9 The undersigned may change the address for notice if necessary, in the future by notifying Licensor and Licensee in writing of such change. Dated the day of By: Its: Date: 10