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úÎÏÊÈÑÉÔÏÖêØËÇÔÚØüÖËØØÐØÏÉÆÔÉÕøÇØËÖËØØÏêÎÑÈÉÔÎÏÊññúÉÎÚÎÏÙÈÚÉÜúÎÐÍØÏÊÜÉÔÎÏÜÏÙ úÑÜÊÊÔ×ÔÚÜÉÔÎÏêÉÈÙÄÔÏÉÕØÜÐÎÈÏÉÎ× ÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ×ËÎÐ öØÏØËÜÑ÷ÈÏÙõÈÐÜÏëØÊÎÈËÚØÊîÉÕØËúÎÏÉËÜÚÉÈÜÑêØËÇÔÚØÊ íëîíîêüñ÷îëêøééñøðøïéî÷÷øëôïíøööäèêøðÇúôéäî÷ùøñëüä ö ûøüúõúÎÏÊÔÙØËÜêØÉÉÑØÐØÏÉî××ØËÔÏÉÕØÜÐÎÈÏÉÎ× êÉÜ××ËØÚÎÐÐØÏÙÊÙØÏÔÜÑÎ×ÉÕØ êØÉÉÑØÐØÏÉî××ØËÜÏÙÜÍÍËÎÇÜÑÎ×ÜÚÎÈÏÉØËÎ××ØËÔÏÉÕØÉÎÉÜÑÜÐÎÈÏÉÎ× ÔÏíØÖÖÄèÊØÐ ÇúÔÉÄÎ×ùØÑËÜÄûØÜÚÕ üííîôïéðøïééîéõøúîððèïôéäëøùøçøñîíðøïéüöøïúäüÍÍÎÔÏÉÎÏØ õ ËØÖÈÑÜËÐØÐÛØËÉÎÉÕØúÎÐÐÈÏÔÉÄëØÙØÇØÑÎÍÐØÏÉüÖØÏÚÄúëüÉÎÊØËÇØÜ×ÎÈË ÄØÜËÉØËÐ ØÏÙÔÏÖóÈÑÄ ûÜÊØÙÈÍÎÏÉÕØËÎÉÜÉÔÎÏÊÄÊÉØÐÉÕØÜÍÍÎÔÏÉÐØÏÉÆÔÑÑÛØÐÜÙØÛÄ úÎÐÐÔÊÊÔÎÏØËøÑÔÎÍÎÈÑÎÊêØÜÉ DELRAY BEACH, ET AL: Consider hiring Attorney Fred Gelston to act as outside counsel in the case of Robert Hauptfuhrer v. City of Delray Beach, et al. (ADDENDUM 10. PUBLIC HEARINGS: A. ORDINANCE NO. 24-08 (SECOND READING/SECOND PUBLIC HEARING): A City initiated amendment to the Land Development Regulations (LDR) amending Article 4.3, "District Regulations, General Provisions", by amending Section 4.4.3, "Single Family Residential (R-1) District", Subsection ~) "Development Standards", to provide standards for the Lake Ida Neighborhood Overlay District"; Article 4.5, "Overlay and Environmental Management Districts", by enacting a new Section 4.5.16, "Lake Ida Neighborhood Overlay District", to create a new overlay district for the Lake Ida Neighborhood, and amending Appendix "A" "Definitions", to enact a new definition for "Floor Area Ratio". The boundaries of the proposed overlay district are generally described as N.W. 22"a Street on the north, Swinton Avenue to the east, Lake Ida Road to the south, and Interstate 95 on the west for the Single Family Residential properties that are zoned R-1-AA , R-1-AAA ,and R-1-AAAB. B' ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2008-1 includes: A. Text Amendments: i. Update Introduction and support data throughout all the Elements of the Comprehensive Plan as appropriate to reflect current conditions, update all maps as appropriate to reflect current city boundaries, update all maps and tables as appropriate, and, update the Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleamed from the EAR public hearing~rocesses. ii. FutureLand Use Element -Update existing land use and population data, including supporting maps and tables. iii. FutureLand Use Element -Update vacant land analysis. iv. Future Land Use Element-Update Redevelopment Analysis section to reflect completion of all Redevelopment Plans. v. FutureLand Use Element -Update descriptions for all land use categories to include intensities and densities. vi. FutureLand Use Element -Add new policies to achieve an appropriate mix of uses, direct resources to infrastructure improvements downtown, and explore additional downtown open space opportunities. vii. FutureLand Use Element -Add policies to affirm the City's continued commitment to workforce housing. viii. FutureLand Use Element -Add policies to develop design guidelines for the North Federal Highway area and evaluate the need for guidelines in the Congress Avenue Corridor and Four Corners Area. ix. FutureLand Use Element -Amendment to the Land Use Designation/Zoning Matrix table to add SAD, OS and OSR zoning districts to be consistent with additional Future Land Use categories. x. Transportation Element -Add new policy to designate the railroad parking lot, north of East Atlantic Avenue as a potential railroad stop for future passenger service on the FEC Railroad. xi. Housing Element -Update Affordable Housing section to reflect new City initiatives. xii. Housing Element Add new policies to affirm the City's continued commitment to workforce housing. xiii. Public Schools Facilities Element -Update element to reflect changes related to the second amendment to the Interlocal Agreement. B. FutureLand Use Amendments Map: i. City initiated Future Land Use Map amendment from County INST/18 (Institutional, with an underlying High Residential 18 units per acre) to City CF (Community Facilities) for Fair Oaks Center, located approximately 650 feet south of Linton Boulevard, and on the east side of LWDD E-3 Canal. C. ORDINANCE NO. 26-08 (SECOND READING/SECOND PUBLIC HEARINGI: Citv initiated amendment to the Land Development Regulations (LDR) amending Section 4.3.3, "Special Requirements for Specific Uses", Subsection ~), "Telecommunications Towers and Antennas", Paragraph (21. "Freestanding Telecommunication Towers" to add Barwick Park and Lakeview Golf Course properties to allow monopoles. D. ORDINANCE NO. 25-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.7.8, "Resale and Subsequent Rentals of Affordable Units", to expand the circumstances in which title may be transferred without restriction. E. ORDINANCE NO. 27-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.6, "Commercial and Industrial Uses to Operate Within A Building", Subsection "A", "Intent", in order to clarify that all commercial and industrial uses shall conduct business inside regardless of zoning district. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquires. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 29-08: An ordinance amending Chapter 117, "Landlord Permits", by amending Section 117.99, "Penalty", to provide for a waiver of the triple fees upon good cause shown to the Code Enforcement Board. If passed, a public hearing will be scheduled for .Tuly 1, 2008. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: June 11, 2008 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 SPECIAL RECOGNITION AWARD /SASHA BERNARD AND MICHAEL DUNBAR ITEM BEFORE COMMISSION The item before the City Commission is a presentation by the Parks and Recreation Department to recognize two students for their continued effort to excel at scholastics while still participating in the Delray Beach Travel and Recreation Basketball League. BACKGROUND The Delray Beach Travel and Recreation Basketball League is a volunteer run program by Zerlean and Curtis Williams. They have been involved in not only coaching but also tutoring on a daily basis at their home. The students who will be presented with the recognitions awards are: Sasha Bernard - She maintains a GPA of 3.50 to 3.90, has 1,800 hours of community service, is captain of Girl's Basketball Team at Alantic High, and was the #6 ranked player in Florida's 2009 graduating class by Breakdown Magazine. Michael Dunbar - He maintains a GPA 3.60, presently attends Purdue on a full scholarship, and has won the highest award given to a student in the country "The Congressional Gold Medal for Students". MY FOLDERS add/edit >r Message center » Folder Manager » Mailbox Manager » Address Book >} Calendar » Options ~> Herg See Your Credit Scare: $0 Chec€c Yoars . Average ll.5. Credit Score: 678 Get 2008 Best - All-Around Eami"Ey 5UV - Edmunds.com AT&T Webtunes Webtunes Basic is FREE fior every AT&T Customer. -------------- Forwarded Message: --___....... Frarn: pgajarda@bellsouth.net To: zerlean@baflsouth.net Subject: Sasha Bernard 17ate: Wed, 3.4 May 2448 18:48:21 -F4444 Sasha Is currently the #6 ranked player in Florida's 2449 graduating class by Breakdown Magazine. Collegiate Girls Basketball Report has Sasha ranked among the top 144 players in the country as of today her ranking is 68. Florida Girls Basketball currently ranks Sasha Bernard among the tap 14 players in Florida. Through hard work and a Eat of determination, Sasha has emerged as one of the top recruits in the state and country. Sasha has gotten scholarship o€€ers from many of the top women's basketball programs in the nation Including the University of Miami, indlana University, and the University of South Florida, among many others. Pat Gajarda 9466 SW 73 Court Apartment #1746 Miami, Florida 33!56 786-2~3-3581 "i am the master of my fate, i am the Eaptain of my soul" At~achrfsen# is sashala.jpg (Image/jpeg) y Change your options to hide images within all messages, ~ftclily, I E2ep1pAl1 f-vt"Ward~~ Move to folder: _,...... TlVBQX is _x, ~n http:Ilwebmaal.att.ne~Iwmc/vlw~n1482B5FEE0003BAS600002CB~"22218675 ~69BOA02D2..: 5/14/008 t~3avember 27, 2f307 Curtis irrfilliams 5~.3 5W filth St. Delray Beach, Fl. 3444 Dear Mr. Williams: This is written in reference to my son, Michael Dunbar. As we discussed last week, !just wanted to take time to thank you for your efforts in developing today's ycsuth. The structure, Opportunity and encouragement that you prarride definitely permit children to soar beyond their circumstance. Nty San's Situation is unique. He has played basketba[I since he was 7 years old and had dreamed of playing in college. He had played on numerous travel teams but was unable to make his high schoa! team. Fle came to your program in his junior year with hopes of trying one last time to make the high school team. 1-le made a contribution both an and Off the court while working with you and he realized that he could play. But mare than anything he realized, he did not need to make the team to feel carriplete. He was a talented runner and decided tQ focus his attention on cross country and track rather than trying out far the basketball team his senior year. Thanks again far your encouragement and support. Michae! is now a freshman at Purdue University studying electrical engineering technology. He continues to run and play basketball when he has time. Keep up the good work. Sincerely, i .,^"~ f ~ .~., . Ruth A. Dunbar .. .. ~/ ~iP d ~~ .. ~ `. s`i r~ l„ v- - - ti ~ ~~ ~. ~ r; ~ ~ ~ ,~ ~ r ?--. N Y ~ ' ;"r i 4 " ry y,~ , i x.~~ f~. ~w?• ~ S _ ~~ t ~ ~ ~ C r.` r ~i' }. : ~ ' y t ~ 5 k r ` n ` z 5 f 4 ~ ~ i; ~~~~~y~~ pp :gym-.N a i f i3. a. q :'S G C. G~.N W. hO a- iJ ii a W Y3 y q~d ~'~~,u ~ ~ ~•^'~0~0'Sq n~ ~~ N yy ~ i~C r~ ~ A'~'_~J ~-J-p~tl1~p3 d "Cpm1~ y ~C ~ d U'qq$$ L.G.N rn -GO u~3 q n ~ar S m~~y'~ ~~a~'im~~w~ iy ~~~-s N OSHU q ~~ 7 4 ~p v ' N O r~ ~ r~~ ~7.y. cc W ~1 .-I N i ~~i:N Wks V1~ Cyib s-.';N~~ V d '9' ~ ~ w vi a ~ .~ u'o C u ;~ o ii ~ ~+ ~ V ~ y ~ x~d .,~,Jt- ~W a C~1 ~'i"S V ~..G'i ~ ~ ~~ V ~. v ~ ..h ro ~ p :. a .~ as'`~ m a "~ u~i m'. oh'aR o e~i ~ ~,~ ° y~~.rj ~~.~ SAWN o~ 3 ^cF p,~."~x~ d^a ~'N a> n ~ war r~ ~93nS ~nm~m~~'Q~y ~~~~ ;~,cr ~~°~~~~s~S ;'nmo~~ r°naua~,'yN~°~~' ~p ~-y ~~~14.p~y~ ~"y„~~«~}-N~~ ~', G°i'i'O Vim NO=~'~l~.: W. ~ a aF q v a.'°dv ~ •~ fa u ~ sa.° a~ es ~ u aka sd~~F ci~,~~c+~F n ~y ?~-o~~ nf.w m .. ~ ~ u ~ ~ ~ ^ m re rt.~ m ~. a- F~ .~ m MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, City Engineer Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 1, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 REQUEST FOR SIDEWALK DEFERRAL/245 N.E. 8TH AVENUE ITEM BEFORE COMMISSION Requesting approval of sidewalk deferral request for 245 NE 8th Avenue. BACKGROUND This is a single family residential lot located at 245 NE 8th Avenue. Other than on NE 7th Avenue, this neighborhood has not been actively installing sidewalks. There are no plans to install sidewalks in this neighborhood in the near future. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. LUU~i-U~-LS 1L;Lt~ uc~t.~ zozzaa~~a~ » ~ zr~ Prepared ~y~ ttETURN 7"©; ~. Brian Shutt, 1~sq. City Attorney's Offcc 204 N, W. 1 s~ Avenue De1r~y l3~ach, FI©rida 33444 AGREEMENT F®R SIIDEVVA,LK lri~'l(PROVEMEI~i'I' THi5 AGREEMENT entered into this day of 200,, between the City of De]ray Beach (hereinafter the City) and Vincent & Genevieve Dole (hereinafter the Owners), for the propose of waiving the requirement of the installation of a sidewalk along NF 3`° Street &_ NE $`" Avenue until such time as the City requests t1t,e construction of the sidewalk by the Owner. WHEREAS, Land ~evelagment Regulation Section 6.l .3(C) requires the installation of a sidewalk, within the NE S`" Avenue ,_,-,~ right-of--way irnmediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1}(b); and= WHEREAS, in order to provide conformity along the street the City Comrriission voted to waive the requirement for t'he installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. C:ti!)pCUm~nlr und .SettingrlCienevievelLacal.SetlingslTempprar~ lnter~~et FrPeslCont¢nt, IFStO.1R~2Ne~I11245°lo2~3ne98208rh°r~2pav~2F)deferra!°.6~llagme(1).doc LUUi~-Iii-Ly i~;[~ uutt ~uLLR4I ~U~ » P 3/4 WITNESSETH NSW, THE~FFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewa9k, at this time, for the property! located at: 24S NE ~`h Avenue RLTNNYMEDE LO_T l /LESS SLY laa FTl P~v 12-a~..~~-lb-a~-aaa-aa11 l . The Owner agrees to construct a sidewalk, at its sole cyst and expense, along the ~F 8't` Avenue right-of--way abutting the subject property, within a time period that is acceptable to the Ciry, after Iaein~ requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Reach. 2. It is the intent of the parties that this Agreement shad rtxtt with the ]and. This Agreement sha11 be recorded in the public records of Palm Beach County, Florida and sha11 be binding on the parties Iegal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their ltartds and seals this day ~f . 200, ATTEST: City Clerk C1TY OF DELRAY BEACH, FLORIDA By. Mayor Approved as to form and sufficiency: City Attamey f_':1Llocuments axd .~etliiabs4CTerrevlevetLoGa1 .Setrrr~g's.7'empara~ fnrernel I ilea}C'ontent.lE310JR(12HGU4z45~20ne~~~RTh~~l~av~2f}cteferrul°12f3c~~{m1~1].~oc ~uu~-u~-L~ L:;il DC~E 2022447503» WITNESSES: .~~-~~ --;.i.. ,. ,,..,.. (I'~ease type or print name) i ~ y~~~. I.~i.r-~ ~ --.--~ ~-lr~~~~,._ 1. in .~.~.. ~...~.._ (Please type or print narrae) STA'V'E OP ~~' ,:.. ~ ~ / r `~ pWNER: (I '•~ f It 1 ~ ~ ^Ole ~, By: ~ . :v Geneviede I]oie BEFORE ME personally appeared , ~ ; ~ ~ ~ ~ ~~ ~ :~ ~. who [is] [are] personally known to me or [hash jhavej produced ~ ;, ; , ~ , ~ .. - [and ,respectively] as identification, and who executed the froregraing instrument, artd acknowledged before me that jhe~ [shed (they executed said instrwnent for the purposes expressed therein. P 4/4 WITI~,SS my hand and official seal this,',.~„~ day of ~ ~ • „„,,., 20_ 'r My commission expires: ~ ~~~ ~~i ;~~ ~ . %~ ,: ! ` ; c:~ Natary Public (Seal) agt/sidewalk datcrrsl agramant ~a w~ C': 4Docunvents and Se[ring.~lCen~vievetil.oeal Ssltinf;S1T¢m~nrcrr~Blnternet FllertiC'cm[~ n[.1E510JR02116 Ut1 d,SSd,2()ne 4.620E~rh%20av%?f)rlr;%~rral %2DaRmt£l,J. doe Q i+M W W Z Ln N ~_ C~ U (~ N m (~ L 0 0 N MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 10, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF ,TUNE 17, 2008 CHANGE ORDER NO. 1 (C.O. NO. 1)//WEST CONSTRUCTION, INCJS.W. 2ND AVENUE STREETSCAPE PROTECT #2004-005 ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. 1 in the amount of $17,943.38 to West Construction, Inc. for additional work required to correct a drainage deficiency for the S.W. 2nd Avenue Streetscape Project. BACKGROUND During construction an unforeseen existing condition, which was not indicated on the survey, was discovered. The condition will result in a ponding area, if not corrected. The additional scope of work includes a minor redesign, additional curbing, and the removal and re- installation of sidewalk pavers to a new elevation and contour to facilitate adequate drainage. The attached Exhibit "A" to Change Order No. 1 details all additional costs associated with this change order. FUNDING SOURCE Funding is available from #448-5461-538-65.87 (Storm Water Utility Fund/Other Improvements/SW 2nd Ave-SW 1st St. to W. Atlantic Ave.). RECOMMENDATION Staff recommends approval of Change Order No. 1 in the amount of $17,943.38 to West Construction, Inc. for additional work required to correct a drainage deficiency for the S.W. 2nd Avenue Streetscape Project. CITY OE DELRAY BEACH cx~1v~E oRDEU T® ORIGINAL CONTRACT CHANGE NO. 1 PROJEC'T' N0. 2®®4-UQS DATE: PROJECT TTTT,E: S.W. Z°~ Avenue Streetscape Project "I'O CONTRACTOR: 'dVest Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENAN'T'S. JU STIFTCATTON: Changes to project per the attached E=xhibit "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $267,454.1 I COST Off' CONSTRUCTION CHANGES PREVIOUSLY ORDERED 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO 'T'HIS CHANGE ORDER $267,454.11 COST OF CONSTRUCTION CHANGES THIS ORDER _$17,943.38 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CI-TANG ORDER $285.397.49 PER CEN"I' INCREASE THIS CHANGE ORDER X6.70% TOTAL, PER CENT INCREASE TO DATE -?-6.70 % CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted fnr under benefit of competitive bidding. West Construction, Inc. (Contractor to sign & seal} TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: #448-6461-538-65.87 DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Cnrnmissinn RECOMMEND: Environmental Services APPROVED: City Attorney B y: Mayor ATTEST: By: City Cterk S:1E~zgAdminlProjeces12004'1004-OOS~GFPECIALICO 1 West GC (161708.doe ~d ~~ ,: Project inforrnatioh, Project # 08-1006 Title SW 2nd Avenue Streetscape Address City, State, Zip Delray BeachFlorida33444 Prime Contract Company -.._. _. _ ._:_ ... ---- y Contact Christopher Caprio Company WEST CONSTRUCTION, INC. Address 318 SOUTH t31XlE HWY. SUITE 4 & 5 City, State, Zip LAKE WORTH, FL 3346D Phone 561-588-2027 Fax 1-561-582-9419 Chan..ge P~oposalRequest` -- CPFt # DD2 revised issue mate ,3un D3, 2008 Subject Revision 5f3()!08 Owner Contact Rafael Ballesteros Company CITY OF DFLRAY BEACH 1 Address 434 S. Swinton Avenue City, State, Zip DELRAY BEACHFL33444 Phone 561-243-7300 Fax 561-243-7314 -- - - ~ laesC[iption of fhe proposed change Revised drawing for station 5+0 thru 7+©: Net Amount of this Proposed Change: The Contract Time due to this Change Praposai Request is fo be determined at a later date. This document, when fully executed as accepted, shall consfitute authorization to proceed with the work described herein. 17 943.38 Submitted By WEST CONSTRUCTION ING Gampany By Response: ^ Accept ^ Do Not Accept CITY OF DELRAY BEACH Company Date By Date Gampany Fin 1 ancial and Schedule-impact detaits ~• ~ remove rock base installed 5000 s ft $0.10 $500.00 2 ~ lower 4240 sq ft 3" dee 60 cud $4.50 $270.0(1 3 loader 1 LS $260.00 $260.00 4 Haul off 60 ds 1 LS $450.00 I $450.00 S demo 501E T e F curbin and utter 50 Inft $5A0 $250.00 6 remove and save 400sgft paverslbuy new pavers for ed e 400 sgft $3,00 $1,20€7.00 i 7 re lace 5D Inft curb foofin rock base 50 Inft $5.00 $25DA0 8 re lace 50 Inft of t pe f curb 50 lnft $25.40 $1,250.€)0 9 instal[551nftvalie utter 55 Inft $25.00 $1,375.00 GlSl08 Page 1 of 2 ~ ~~ _ 1D _ remove 655 sgft concrete sidewalk 656 s ft __ $2.00 $1,312.OD 11 re lace 656 sgft concrete sidewalk to match o f curb and valle utter 656 s ft $5.OD $3,280.00 ` 12 haul debris 1 t_S $600.00 $6DD.DD , 13 labor far work 80 hrs $40.00 $3,200.00 1 A~ survey for revisions 1 LS $900.00 $900.OD 15 patch asphalt at ara a area 40 s ft $5.OD $200.00 16 OH&P 1 LS $2,294.55 $2,294.55 17 bond 1 LS $359.83 $351.83 CPR Financial impact = $17,9~i3.38 CC: Change Order file 6!9108 Page 2 of 2 \W U C~ Q O Cn r N Q N 0 0 0 0 N U .~ O ~_ c~ U (~ a~ m L a~ 0 0 0 N MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 29, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 AGREEMENT/CSX TRANSPORTATION, INC. ITEM BEFORE COMMISSION Request Commission approval/authorization for the Mayor to execute an agreement with CSX, in an estimated amount of $7,000, for Preliminary Engineering to extend the length of the gate arms at SW 10 Street and Lake Ida Road to meet Federal Railroad Administration (FRA) requirements for Quiet Zones. BACKGROUND The City is in the process of establishing a Quiet Zone along the entire length of the CSX tracks within the City of Delray Beach. One requirement for establishing a Quiet Zone is to complete a field diagnostic review of existing conditions. The City hired Marlin Engineering, Inc. to complete the diagnostic review and a copy of the summary table is attached to this agenda item. The review found that the crossings at SW 10th Street and Lake Ida Road need to have the existing gates extended. The attached Preliminary Engineering agreement will enable CSX to perform necessary engineering and/or design services so that these two crossings are in compliance with FRA Quiet Zone requirements. It should be noted that, even though Lake Ida Road is a County road, Palm Beach County is not providing funding for grade crossing improvements to accommodate quiet zones. FUNDING SOURCE Funding for this request is available in account #001-2911-519-31.30, Engineering, Engineering/Architectural Services. RECOMMENDATION Staff recommends approval. r' I'ftl~:I.,II~IIN~~IiY EN(~INFIItINC~ 1~(~IiI~I:~IENrr "~fhis Preliminary En~~i~~eering A~;reemenl (this ",A;;r~enrenC"j is nr3de ati of ---___-,- -, 20__, ley anc( 17C'lwee'n C:SX "1"R~~INSPUI~"I'n`fI{)N, iNC''., a Virgi~tia corpc>~~aCirn~ with ias i7rinCipal place of bu~si~~ess in .lacksonville, F{orida ("CSXT"), anct City of ~etr~r~r Iieact~, ;i bi~dy cor}~or<ite .~~7d political snbdivitiion of the :State of~ ~~'lor•idrr ("`~~gc~ncy„). Agency wishes to facilit~ste the develop~77ent of Che proposed signal iz~pror°e~~~ents at L.ak~* 1~1a Il~d, ^OT: 628t34Y, 1~[P: ~~ 986.93; and SW l0"' street, D4~T: 628159H, 'I~1P: SAY 988.6 tai extcn~l the length of the grtte arras to meet [~ ~A r•ectuire~~xer~t~s fc~r (~rriet I~r3ne (the "Pr~>ject"). ?, agency has requested that CSXT proceed with ce~-tai« necessary engineering a~~dlor design services for the Project to facilrtate the parties' co~~sideration of the Project. 3. Subject to the approval of CSXT, which approval may be withhei~E for a€~y reason directfy or indirectly related Co safety pr CSXT operations, property, or facilities, the Project is to lie constrE~cled, if at all, at no c~~st to CSXT, under a separate constr~ECtio^ agreement [0 17e executed by Che parties at a Future state. NOW, THERE>~ORE, for and in consideration of the foregoing Explanatory Statement and other go«d at~d valuable consideratio~~, the receipt acrd sufficiency of which are acknowledged by the parties, the parties agree. as follows: i . Scope of Work (. I . Genera€Iy. The work to be done ley CSXT ender this Agreement shat! consist of: (s} the preparation or review and approval of preliminary and final engi~~ecring and design plans, specifications, drawings, agreements and other docu~~e~~ts pertaining to the Project, (ii) the preparation of cost estimates for CSXT's work in eo~~nection with the Project, and (iii} the review of consCructic~n cost esti~~rates, Site surveys, assess~~ettts, studies, agreements and related constrEictio€~ docr~~~~ents si€bmitted to CSXT by Agency for the Project (co[iectively, the "engineering Work"'}. Engineering Work may also include office reviews. field reviews, attending hearings and nleetir~gs, a~~d preparing correspondes~ee, reports, and oLl~er docume~~tation in connection with the Project. Nothi~~g contained i17 [Iris Agreement ~tihai] oblige CSXT to perform worf: which, in CSXT's opinion, is not relevant to CSX~"s participation i€~ the Project. f.2. Effect of CSXT A royal oc Pre aratio~~ of Docu~~~ents. By its review, approval or prc,paratioi3 of plans, specifications, drawings or other docun~cnts pursuant to this Agreei~~ent (collectively, the. "Ylar~s"}, CSXT signifies only that the Plans a~~d the Project proposed to he constructed i~~ accorda~~ee with the Plans ~tiatisfy CSXT's requirements. CSXT expressly disclaims all ether represcnt~3tior~s and wv-ranties in connection with the Playas, including, but noC limited Co, the integrity,suitability o~" fit~~ess for the purpo.tics of age-niy or any uthe~- persons o!`such Plans or the Project constructed i~~ accordance with the Pla~~s. 2. P~"o'ect_C'f.3:~str€~etion, Nothing contained i~~ tl~~is Agrcer~~ent shall €~e deemed to constitute C:SXT's approval o!~ or consent to th.e construction of the Project, which approva! or consent ~7uiy he withheld t3ase town: PE/f'A CSXT ()51?of I r> C' This Dt~ttin~enl tile: PrE~ject: ~Sil~~~al Ir~~~r-d~vc~rr~caits, Delray licaaE~, h'6., SDK i)Sf3.9:i ar~ci tiX {~fi~d.62~ CSX"h OP# For a~~y reason directly i~r ir~dircctly rc;latcd €o sal~c.ty or C'SX'~l" tzpc~rations, propc~~ty, nr facilitie~~. `l'he. Prc3ject if cc3r~4tructed is to be c•c~n~tructi~d, il~ at ail, under ~~ scl,~~rr~tte construction agree-meat. ti3 be executed by the lrir-ties ,€t ,~ future elate. 3. Reimburscmcrtt of C:.SXT F:~~ertses. 3.1. F2eirnb€rrs~.3ble. I~xf~enscs. Agency shall reimburse. CSX"C I't>r all Costs and expenses incurred by CSXT in connection with the EngineCrir~~; Wor€:, ir~el€rding, without lirriitatior~: (i) all cut. of pocket expenses, (ii} travel and lodging c xpenses, (iii) ti;lephone, facsiat~ile, ~rnd mailing ex}~e€~ses, (iv} costs for eduipment, tools, materials and supplies, (v} s€n»s paid ro i•on,ultants atacl suhcontractoi_5, and (vi) labor, tc~gtthet' with l~rbor overhead percentages estt~b[ishCd by CSXT pu~~suant to applicable law ('collectively, the "Rei~x~bursable )<Jx~a~nses"). 3.2. Estimate. CSXT has esti~~7ated the total Reiabursable Expenses for the Project to be. approximately $ 7,[)OE) (the "~Stimate" as amended or revised). 1» tl7e event CSXT anticipates th~-t actual Reirnhurs~~ble Expensia miry exceed such Estimate, it shall provide- Ag~ncy with the revised Estimate of total Reimbursable Expenses for Agency's approval and Canfirm~~ttior~ that s€iffieie-rat f€mds have; been afspre~~ritited to cover the total Reir~~b€rrsatif~ Expenses as reflected in tl~~e revised Estimate. CSXT may elect, by delivery of notice to Agency, to inunectiately cease ~rll Further Engineeri~~g Work, unless and until Agency provides such approval and confirmation. 3.3, Pa rncnt Terms. 3.3.i. Advance Payment in r€ril. Upon execution and delivery of this Agreerr~efit icy Agency, Agency will deposit with CSXT a sum equal to the Reimbursable Expenses, a5 shown by the Estimate. Agency shall pay CSXT for Reimbursable >xpenses in the amount set forth in €~SXT Scihedr.tle P~ attached hereto, a copy of which shall accorrrpany the advance payment. If CSXT antic-ipates that it may incur Reimbursable Expenses ire excess of the: deposited a~~tount, CSXT will request an additional deposit cc~ual to the then remaining Reimbursable Expenses whiel~ CSXT estimates that it will incur-. CSXT shall re-guest s€rch additional doposit by delivery oW invoices to Agency. Agency shall an~tke such additior~aC deposit within thirty (30} clays following delivery of such invoice to Agency. 3.3.2. Following completion of all Engineering Work, CSXT shall reconcile Che total Reirnbnrsable Expenses inct-rred by CSXT against the tots€1 paysner~ts rccciv«1 from Agency ar~d shall submit to Agency a final invoice if requires[. Agency sha[1 pay to CSXT the a-nount by which actual Reimbursable Expenses exceed total payments, as shown by the final invoice, within thirty (30} clays folli3wir~g cleliveey to Agency of the Final invoice. CSXT will provide a refund of any unused deposits il'thc deposit exceeds the inc€u-red Reimbursable Expenses for the Project. 3.3.3. 1n the ~-vent that Ager~tcy fails to pay CSXT any sums flue CSXT €mder this Agreement: (i) Agency shall pay CSXT intexest at the lesser ol~ 1.€~~Ir per r~~onth e3~- the maximum rare of interest pcrmitt.ed by a~~plicable law on the delinquent amount until paid in full; and (ii} CSXT may Meet, by delivery of notice to Agency: (A} to im~necliaCely coast all further work on the E'ro.ject, unleas and until Agency pays tl~e entire delinquent ~5r.~rn, together with accrued interest; ~uulh}r (E~) to te~~minatc this A~~reemertt. i~i'S Base F~i~rm: P~sIPA CSXT 4)5120b 'I'bis t~ocu~~ie~~t File: Project: ~a~;rpke! [~~~~~~€•€er~i°necnts, ~3c~Iray f3erec~la, ~a'I~, ~X 9HG.93 rend SX ~)~3f3.6~j CSXT E3P~## :I.=I, la'f~cct of Ter111iiialion, Agency's obligatit~rl to hay CSXT Rcimhursahh F~xpe^tlsc•s Tai accordance with this S~ctinn shall ~urvivt ter€~~inritior~ aF this A~rc~~~rn~.nl 1~or ariy r'e€rscin. ~. /1,~t'c~~ri<ttians. A:,;ca~cy re.pr~,5ents Cn CSXT that: ('il Agency hr-s oaitlkir~ed rkl~~prol~~i'i,ktit~rls ~tiuff~icie.nt to reinlberrs~ CSXT for the Reimbursable E-~,.xpentits ek7c~~~nlpr~ssed (~y the init.iril ~.-stim~He; {'ii) A~;~ncy shill usi~ its hest effarts to obtain apprcipriations necetisar-y to Cover' Reimbursable Exlx:nses encanipassed by subsegikent EStilllatl'S approved by Agency; rind (iii) Agcnc-y shall promptly notify CSX"i" in the' event that Agency is uriahle to ot~tain such additional ~ipprapriaticnis. ~. ~I'er'kilknati011. 5. (. By Ag~:ncY~ Agency may terminate this Agreement, for any reason, by delivery of notice to CSXT. Such terillinatic~n shrill becoslle effective upon the expiration of l~ifteerl (l5) crilerldar days following delivery of notice to CSXT or such later date designated by the notice. 5.2. B~C~XT. CSXT may ter-riurlate this Agreement (i3 as provided pursuant to Section a.3.3., or- {ii) ~rpon Agency's hi-erich of any of the terms i7f, or its obligatiails under, this Agreement gild such breach continues witliaut ct€re far- a periad of ninety (9(3} days alter written notification frc~rn CSXT to Agency f~f such breach. 5.3. Consequences of Termination. If the Agr'eerrient is terminated by eittier party pursuant to this SeCtlai? ar Tiny other provision of this Agreement, the parties understand that it ray bc; iillpt'actical to irnme:diately stap the. Engineering Work. Accordingly, both parties agree that, in such instance a party ktiay cantikleie to perfai'm Engineering Wark until it has reached a point where it ray reasonribiy acid/or safely sirsperld the E~,gineering Work. Agency shall reimburse CSXT pursuant to this Agi°eement far the Engirieerirlg Work pes-forn~ed, plus all casts reasonably incurred by CSXT to discontinue the Engineering Work and all other costs of CSXT incurred as a result of the Project up to the time of fir[{ suspension of the Engineering Work. 'I'er€rtination o~F this Agreement or' Engineering Work on the Project, for any reasaki, shalt not diminish ar reduce Agency's obligation to pay CSXT for ReirllbEU'tiable Expens~a incurred in accordance:-with this Agreement. In the event of the ternlinriticail of this Agreement or the Engiraaering Work for any reason, CSXT's only reil3aining abliga.tion to Agency shrill fie to refund to Agency payrnLnts rnad~ to CSXT in excess of ReirllbursabEe Expenses in riccoi'drince with Section 2. C. S~rbcontracts. CSXT .Shall he perr~iitted to engage outside cansultarlts, counsel rmcl subcontractors to perFarrn all car r.i€iy portian of the Engisleeeing Work. Notices. Alt notices, consents and appravals required or pe.ririitted by this Agreement steal{ he in wr-itirig and shall be deemed delivered (i) ors the expieatian cif three (3 j driys Following niriiltng by first class U.S. rtiail, ('ii) ore the next busisicss clay following mailing by a nationally recognized overnight carrier-, os- (iii) on the date c~F ti-ansr~i~iissiorl, aS evidenced by written confirmation of successful transriiission, if by Facsimile or other electronic t.rartsmission if sent on a busis~aess day (or if slat sent osl a business day, then on the next business day after the date sent), to the prir-ties at the addresses sit Faith below, C}i° such i:>ther addresses as Tither party may designate by delivery aF prior natict; Lo the «ther- party: IF to CSXT: CSX Transportation, Inc. ~OC~ Wate.r Street, .{3(}1 .lacksonville, Florida 3?2(32 Attention: :Vtr. Hal Gibson 3 of 5 F3ase Form: PEIPA CSXT O5 l?t)fi This D«cumer~[ file.: l~'raject: Sari€~~~~ I~n~~i~oven~ents, I)elruy tie~~ch, Ii`L., S% 98(~.~3~::~rd ~X ~)t38.h2~ CSXT QP# if tr,~ Agency: EnCire A~reerttent. Thi~ti Agreement en~lx~t[ies tlae entire i~ncie~-st;uading aF [lee p~~rties, m~~y net he Gv~aived os- nu:3dified except in a writing signed by autho~-i~r_ed rep~-cticnt~atives of bath pa€~tis, and supersedes all brio€- c7r c.onte~a~poraneous w°ritten or oral understa~ading~s, agreements far ncgotia€ions regarding its subject ~r~atter, in the evenC ol~ any i~aco~asistency tar.tween this Agrec~aaent and €~fae Exhibits, the n~aore specific ter3aas of tine Exhibits .hall he deemed contruliing. 9. Waiver. [f either party fails to enforce its respecti~~e rights under Chic Agreement, or Fails to insist upon tlae performance oFthe other party's obligations herer~nder, sr~ch failure shah not be et~~~astrr~ed as a pc;rrna~aent waivc;r of a~~ay ~-fights or obligatioEts i~l this AgroenaenC. ]0. Assi~~nmerat. CSXT may as,5ign this Agrcenaent and ,ill rights and ohligatioras herei~t to a successor in i~tterest, p~u'ent ca~aap~~uay, affiliate, or fut~u-e .~#tili~-tc-. llpon assi~?~~a~ne€at of this Agreena~~at by CSXT ~~nd the ass~ni~aption by CSXT's assignee of CSXT's obligations €~nder this Agreement, CSXT sh~~tll have no further obiigatio~~as render this Agreement. Age~acy shall not a5sig~a its rights or ofzligatio~as under this Agreement widaout CSXT's prior written consent, which consent €aaay be witl~aheld For any reason. l 1. A~t~licable L~tw, This Agree~aaent shall he gaverraec~ by tlac laws of the 53~ate of Flraricla, exclusive of its choice o!' law rules. The parties farther agree that the venue of all legal and edt+itable Proceedings related to disputes under dais Agreet3aerat sfaalE be sitrrt~ted in Gtt-val Co~naty, Fiorida, and the parti~:s agree to submit to the personal jurisdiction of ~tny State ar Federal court situated in Duval County, Florida. IN W~~TNESS WHEREOF, the parties have caused this Agree~~eiat to be executr:d in di~p[icate, each by its elt~ly authorized officers, as of the date cif tfais Agreement. [E"I~I'Y O'lE I)I~,LIt~Y I3E~GH, I~I1] ~y: ~... Print N~actae: Title; ............................ CSX TRA~I~POIt'I'~~~'I~N, Ih1~'. By: C"buck E. C,ullakson Assistant Chief En~~i-~~eer -Public Projects =t ~~F 5 t3ase ~~{firm: Pfft'A CSXT Q51?Uh This 1~n~uzr~ent l~~ife: t'rc~ject: Sii;ra~21 lmlaa•ovcme~ats, 1)elr.~y 13e.acl~, is [.., SX 9811.93 a~~cl SX E)~l3.fi.2.~ CSX"I' Ot'# C,~X~T Scheciu~e I~A- (,~dvatace f'~tyr~~~er~t -- Pre(ir~~ira.~r~y ~n~inecrin~ Aga:ec€~~e€~t) PAYi~7i~~,`T ~[1~iNIISSi()N FO~~I :[:~:;1:;3:•p$:9:-?::{:>Ec$:•{..€:: : •!"'?':L ~ :I::K:ka:. ~!;~: , sY; ~ :[: :Z; -, :I: [<:I: ~ =1< , -B~k , :[:Y:.I:=t;~l::}: ~ •;: :1: •r .1:7::[: , :g ::{::I:•!. , >I=:i:. ::r: ~ i ; :i:'~~I: P~~yrl~~ent is hereby provided in accor-dancc with tt~e terms of ~LCtt('3l1 3.3 of (he Agreerner~t dated 20~, between Agency and CSXT. :I;:{;;i::I::Ry::ea::;r!;:;;:?;:}::e:g:!::p:l;=E;:;; :;: :!;:}::;::!;a:.yc:!: E; : :I: ;:k:I:;[< ;:?: a: ::[=:;::!::i::I:x:a: ::i::E::i:;I:x:E::g:!::k ~:=1v1::{::::.':;:;::[ck:[;.yc!c{c:;::~:[:y::!::I:: :;: :;::;::!n[::I; a; A copy of tl~€s Payrne€~t S~€bmiss€o^ Fo€-€n sh<111 accompany all pay€ner~ts delive€-ed by Agency to CSXT which shall be i'orwar~ded to the following add€'ess: CSX Tracaspo~~tatiou, ~~ac. P. d). I3ox (I((iSl. Atia~~t;-. GA 3~3fi8-66S[ asses Ea~ees®a®seeme®mseas~eaos~~~~ae saa spa ~e ~eerrreamseos ~saa Eeeama^e®erm ~mmaa~ Pay>;~ae~at clue within teu (1(3) days c>'f A~tncy's receipt of fully executed: agree-ner~t ;!c :{;%I::I:A;:{::I; ~:;k;K;O:;I::i:;i:$:;1::i::[::k:g:i:%ga:~:>$;[;:I:%$i::E:o[; ~::[;a~::I;;I;:F=3::{;:;;.];:I:;;..I::{::k~::F ~::1; : ~:.1:;[:;3::i:;E;:k;i:;ic;k:T;:k:{::I:~:g;I:y:;k:f::g:a::[:'[x;l;rini:%1::3:: (All ie~formatio~i k~elow to tae completed by Age~icy providing Payment) P~rnent Date Pay€nent Amor.€nt Chec6c llTO. 'I=:gy::I;:g:k:~v::F:r.y=~:k;~~e:l:Y;~>g :Aa;:ick:1=,F:k.w=l ~:a.y:.ir:k;k~;g:k:Ic!::k=lcka;;lc;l::E=a_~=icy=E-is~~i::lc.{;~I::Fy::[a.y;:!::g:Icac:F~::~:F:[::g:i;:r_F:!::Fy;ae:E::F Date: By; Narne: Titfe; Phone: Ea~~~ri1: 5 ~7 t' S Base I~c)ri11: i'C~Jl'A CSX"t' {)5I2(}C `T'his D{~~r!Inent bile: 3 } ~ O ~ L ~ ~ ~ ~ ~ ~ ~ N M W W ~ ~ LL ~ r ~ ~ ~ O ~ ~ ~ ~ -U . 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BACKGROUND The Fire-Rescue Department is submitting an application for an Annual Non-Matching Supplemental Grant from Palm Beach County, Department of Emergency Medical Services to purchase four (4) GlideScope Ranger endotracheal intubation tools. Each unit costs $10,970.00 and they are to be purchased through Verathon Medical, the sole source vendor for this item. The total cost of the GlideScope Rangers is estimated to be $43,932.00. The total price reflects the cost of the Rangers, six stylet guides, on site training, and one year customer care warranty. This piece of medical equipment is revolutionary for its efficiency in controlling a patient's airway in the prehospital setting. Historically, airway maintenance has been problematic for Paramedics nationwide. Proper maintenance, however, is crucial to survivability. The GlideScope Ranger was first introduced at the EMS Expo in Baltimore in March 2007. Fortunately, Division Chief Connor and retired Division Chief Moreland were in attendance and were able to speak with not only representatives from the company, but also the founder and inventor as well. The success rates, coupled with its ease of use, has led to this equipment being used throughout Iraq and Afghanistan in Army hospitals. Additionally, it has gradually found its way to Emergency Rooms and Operating Rooms throughout our country for patients who present as a "difficult" or challenging airway. Dr. Randall Wolff, our EMS Medical Director, highly recommends this equipment based upon his personal experience as an Emergency Room Physician. The Fire-Rescue Department currently owns one GlideScope Ranger, and has had unprecedented success since its inclusion in our inventory. In the first three months of its use, 22 out of a possible 23 patients were successfully intubated in the prehospital setting. This represents a 96% success rate, which well exceeds the national average. RECOMMENDATION Approve a resolution indicating the City's support of this application. RESOLUTION N®. 19.08 A RI~,SOLUTION OF 'T"I-1F, CI Iy COMMISSION OF 'T'HE, CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM TI-I.E PALM BEACH COUNTY EMERGENCY MEDICr1L SERVICES GRANT AWARD PROGR.r~M FOR FY 2007/2008. ~1HEREAS, tl~e Delray Beach Fire-Rescue Department represents the emergency medical services interests of the City of Delxay Beach, and WHEREAS, the Delray Beach Fire-Rescue Department is requesting funding fox FY 2008/2009 through the Palm Beach County Emergency Medical Services Grant Award program for the purchase of four (~) GlideScope Rangers. WHEREAS, the City of Delray Beach Fire--Rescue Departmment is eligible to receive funds collected by the Office of Emergency Medical Services pursuant to Chapter ~-01.I 13, Flarida Statutes; and WHEREAS, the equipment to be purchased with these funds will enhance the City's overall emergency medical services operation and improve the delirrery and level of emergency txacdical care provided to the citircns of and visitors to the Cit~r of Delray Beach and the entire fire--Rescue service area; NOW, 'THEREFORE, BE IT RESOLVED Bl' TIII: CITY COMMISSION OF THE CITY OF DELRAY BEACH, FL ORIDA, AS FOLLOWS: Seetio~ 1. 'I"he City Corntnission of the City of Delray Beach is supportive of this initiative to secure grant funds for this service enhance~x~ent; and Section 2. "That the Mayor of the City of Delray Beach is hereby authorized to execute all documents which are necessary to complete th.e request for funds from the Palm Beach County Emergency Medical Services Grant Awa~~d program. PASSED 1'~ND ADOPTED in regular session on this the _ day of June, 2008. MAYOR AT`TES'T": City Clerk DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT OFFICE OF EMERGENCY MEDICAL SERVICES PALM REACH COUNTY EMS GRANT AWARD APPLICATION Note: The total for a13. your primary requests must not be more than ,50,000.00. ~ . Organization: De~.ray -Beach F'a.re-Rescue Departznexa.t Authorized Official; David C. James Title: Fire Chief Alternate Official: N/A Title: N/A Mailing Address: 501 ~'. Atlantic Avexaue Delia B~:ach, FL 33444 Telephone: 561-243-741.fl FAX: 551-243-7461 -- __ _ __ 2. Authorized Contact Person: Danielle Connor Title: Divi~sznza. Chief °- Emer ene Medical Serva..ces Mai1.~.n.g Address : 501. W. Atlantic Avez~.ue Del.x-a Beach, FL 33444 Telephone: 561-243-'7440 FAX: 561-243-7451 3 . Agency' s Zegal Status : City/M~a.nicipality 4. First Responders: Please attach a copy of your Memorandum of Understanding (MOU) with a licensed provider. Tf you do riot "nave a MOt7, attach documentation that you made reasonable efforts to get one, that you cooperate with the provider, or that you requested but did n.ot receive a response fra~ri the providers in your area. 5. Your Federal Tax 1T~ Number: VF 59-6000308 6. Identify the EMS county plan goals this project will accomplish in whole or in part. A copy of the goals is attached to this application. 2D: Identify and imple~x3.ent new technology and procedures into the EMS system to improve patient outcome. This does not apply to speeiaZi~ed respoxse una.ts. 7. Communl.cations Projects: All grant applications which involve communications equipment and/or services, in total. or ix~. part, will be revie~red by the State of Florida Division of Information Technology. FINAL APPROVAL MUST BE OBTAINED PRIOR TO ANY PURCHASE COMMITMENT. Copy of approval from the State must be submitted to the County EMS Office with request for reimbursement. PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: ne~.raY Beach Fire--Rescue 8. Backgxauza.d: Describe your agency, its operations, and haw it relates to other EMS agencies in your axes. Also, provide a description o~ your major resources including the number of employees, -vehicles, and equipment. The Delray Beach Fare-Rescue iJJepartmex~t responds to all calls for assistance ~vvithin the City of Delray Beach and contracted areas of the Town. of gulf Stream and 'T'own. of TTighland Beach. 7~"hese services include fire suppressioa~, special operations, fire prevention and safety, C`PTt/AED training to the public, azz~ury prevention, disaster response and emergency r~aedical servaces anclixdi~~g AT~S ar~d BTJS transportation. e began. our E1~TS service in the 1950's providing basic first aid, evolving into the paramedic level of service izz 1.979. Currently, we provide first response medical assessment and t~reatzne~~t at the advanced life support level anal transportation to local hospitals, i~icluding strobe and trauma centers. Additionally, we employ mutual aid, agreements with all neighboring agencies. tour anzzt~al b~xdget is 522.4 million. ~e have 154 full tame employees. 'fie operate sip (~a) paraanedic rescue vehicles with {3} ix~ reserve for back-up and xr~aintenance, all with cellular phone capabilities. ®ur remaining fleet consists of seven {7} Eng~ries, three {3) Aerial Trucks, one {1) brush 'T'rucl~, one {l.) Special ~3perations 'T'ri~cic, oxze (T}'T'anker, two (2) Comrnaud vehicles, two (~} Special Events Response vehicles {SE,l"t~, one (T) Public Eclucataon unit, twelve (12) staff cars for a total of tixirty-eight {3$) units. ®ther resources are provided under an existing countywide mutual aid agreement. 9. Grant History: Brie~'ly describe your current and previous graza.t awards for the past three years. Explain how this application does not cora.flict. or duplicate them_ ~ Tn the past three (3) years, ®elray Beach Eire-Rescue has received grant awards that enhanced our medical equipment and response inel~rding Stryker Power C'ot,Stretchers, AEDgs, ALS upgrade for Eare Suppressian vehicle (Engine}, Capnography upgrade for our Zoll M Series Defibrillatorl~onitors, axed a new SERV unit with ALS package. This applacatioxt that is presently berg subn2itted is not in conflict with these previous grant awards, nor does it duplicate the~cn. PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: I3e~.ra Bach Fire-Rescue 10. Project Need Statement: Write a clear,. concise statement describing the need{s} addressed by this project. This must ix~.clude: 1} numeric data; 2) tame frame for the data; 3} source of the data, and; ~) the involved target population and geographic area. In addition to providing basic life support (liLS), >7~Ii~ px•ovides advaxaced life support (A~~) with naini~al risk to patients wlxenever possible. The main field indications for ALA are severe trauxaxa, cardiac arrest, disease pathologies, axxd other causes of corraa. Airway x~xaxnagexrxexat is a clxallengixxg issue for EiYfS pex•sonnel. I}uring endotraclxeal intubation (E'I"I'), getting the clearest view possible of the laryux and vocal cords secures accurate placement and enhances intubation success rates. While endotracheal intubation (ETT) continues to be considered the gold staxxdard for ensuring oxygexxation, ventilation and. protecting lungs froxxa gastric contents and blood, difficulties typically occur in '~°/n-i 0% of prehospital cases. Moreover, ETT is a difficult skill to acquire and maixxtaixx, especially without neuromuscular blacking agents (l~'~11~IRAs) or paralytic agents, which may contribute to higher success rates. Errors can occur iYx around 22% of prehospital intubation cases and risk of esophageal intubation is higher when I~~1~As are not used.. Complications arise whexx inexperienced Ia:MTs and paramedics undertake E':1'T. Hoevever, paramedics generaIly perform. ETT ixx out-ofTcontrol, chaotic and stressful settings ixx whielx it caxx be difficult to secure a.xx airway and that eoxnpromise intubation success rates when using a tx•aditional laryngoscope. 't'hese complications make it difficult to get a clear view of tlae larynx and vocal chords and can contribute to poor outcomes for pre-hospital ETT. Coxxxplications ixaclude: m severe trauma. bead trauxaxa ® ~Unconsciousncss Cases involving clxildren fix severe or head trauma cases, blood or otlxer secretions in the upper airway xxxay make it difficult to visualize the glottis opening axxd increase the risk of infection. Txx cases where Cardiac arrest has occurred, it may be difficult to xazaxxipulate the head and neck. Moreover, these complications may also rule out alterxxative approaches to airway management such as awake or drug induced intubation. In such cases, xxnrecognized esophageal placement is xxaore likely-which can be fatal. In sash settings, airway xxxaxxagexx~ent needs to be supported by the best possible techniques, training and interventions. ~csearclx has slxowxx laow difficult it can be to acquix-e reliable data about prehospital intubation outcomes-far instance, whether outcomes differ according wlxo is intubating, where the intubationx takes place, under which circumstances (e.g. cardiac arrest, trauma}, and. which technigxxes are used. Nonetheless, clinical studies report tlxat ixx exnergexxcy out-of~ lospital intaxbatioxxs, up to 25°/© of endotracheal tubes are misplaced, with bfi°/© of xzaisplaced tubes being inserted ixxta tlxe esophagus. fn a study of patients with severe head injuries undergoing endotraebeal intubation, the adds of death were approximately 4 tixrzes greater for patients intubated outside the hospital. ®ne recent study compared prehospital ETi T patient and E16~LS characteristics and concluded that while it is generally agreed that it is especially challenging to intubate in prehospital settings, there is an absence o good research to show whether paramedics are better or worse than other personnel. fndeed, for such an error prone area, prehospital intubation is relatively under researched. Nonetheless, research shores that prehospital attempts at intubation often require multiple attempts that have the potential to eoznpromise outcomes.lVloreover, traditional laryngoscopes have been used for placement of endatracheal tubes in the practice of anesthesia for over one hundred years and they remain. the instruments most used by EIS providers ixr pre-hospital situations. f-fowever, alternate airway devices may contribute to better outcomes. For izastance, a recent field study observed same success in using a King LTD Bann-visualized airway after three failed incubation attempts or where EMS personnel initially felt that endotracheal incubation. would be difficult. Accordiaagly, airway instruments have been developed that are specifically designed to ixaaprove line of sight and visualization. 'flaere is soax~e evidexace that new fiber optic anal video technalogies have value iaz prehospital incubation., because they axxiniax~ize the likelihood of poor outcomes by optimizing visualization, reducing the risks of esophageal iaatubations, and li~raaiting the potential for procedural errors. f~'iber optic video laryngoscope uses a fiber optic caa~aera to display an unobstructed view of a patient's airway and provides a live, color view o£ the entire airway. It is designed to provide real-time, reliable visualizations during ixatubation and ease of tube access through the oropharyxax. According to data provided by Dl3h`'~ Dispatch CAD and E1VfS patient Caro ~epox°ts, during fire fiscal year 2007 Dl~f+"~ responded to 9688 EMS calls said transported 5891. patients to medical facilities. At this time, DSff+~ deploys six rescue trucl~s with one supervisor who is available to attend cardiac aaad respiratory arrest azad potentially difficult airways, who is trained in the use of paralytics and AYES. (3n average, DBF~ has averaged 58 incubations per year (6l. far 2007} with a success rate of around 60%. Since November 2007, Y?Y3FY~ has been Wising fiber optic laryngoscope to support incubation for cardiac arrest patients. .This instruxoent was purchased through local fundraising after our I'~edical Director used it successfully. Current available data suggests that since DDFR began using fiber optic larynboscnpe to support intaabatiora for difficult airways, incubation success rates have risen to nearly Y00%, especially in circumstances where anatomical and circumstantial difficulties have complicated incubation efforts. ®ur goals are: ~ To increase the uua~aber of s~xccessful outcotraes from prehospital incubation ~ To reduce on-site times ~ To reduce tube rraisplacement 'Y'o transport paticaats to hospital more gnickiy m To ixaaprove mortality and morbidity o~xtcomes The suburban. coveral;e area is 3.75 square miles for first due response. The jurisdiction is comprised of 75% residential, 22°/® coanmerciallindustrial and 3% wild land, undeveloped. The permanent resident populations is 64,095. The community that l~~Flt serves is one in which over 30% of the population is over the age of 65 and for wham the likelihood of cardiac andlor respiratory problems is high. fn addition, dexnazad for our services peaks during the ~vvinter months when fhe population swells with a predictable seasonal influ~c (so-called snowbirds}. ~1.. Project Outcome Statement: write a concise gtzantifiab~.e statemext descra.birzg the. degree to which the xaeed(s) wi~I be changed by the project. This. must contain the same four characteristics as the need statement and ixa.dicate the evaluation methods used to rr~easure the et~iciency and/or e~~ecti~reness a~ the project's outcome. ®ur proposed solution is to place fiber optic laryngoscopes in all sip response vehicles and train our paramedics to use this ie~stru~xzent. Routine use of this instro€xx~ent for cardiac and respiratory arrest will reduce on-site bane, improve site to hospital transportation tirr~e, and reduce complications. ~J[ore ixx~portant, it will ianprnve patient outcoanes and proportionately increase the chance for return of spontaneous circulation of cardiac arrest patients. The number ofi patzeuts successfully intuhated with the Aide Scope will be t~•aeked and compared against statistics from previous years. additionally, on scene tiraaes for cardiac and respiratory arrests will be analyzed. Effectiveness will be measured by unproved success rates with prehospital intulaatior~. PRIMARY FMS GRANT AWARD APPLICATION ORGANIZATION: D~:Zray Beach F~.x'e-Resc~ate 12. Mayor Activities aid Time Frames: If grant a.s awarded, you must fo1.7.ow your schedule. If, for some reason, the schedule cannot be followed, p~.ease ad~rise the FMS Offa.ce of the activity change. Please ixa.da.cate time frame as ~S~ quarter, 2nd quarter, Ord quarter, ~`~ quarter and fill in. the year. First Quarter = October 1 through December ~1 Second Quarter = Jaz~.uary 1 through March ~~. Third Quarter =April 1 through June 3£? Fourth Quarter = July 1 through September ~0 Activit order Giide Scnpe I~~z~gers ~'oaaduct in-service traia~ing anal educatioza nu use, ~nai~~tena~ce, azad proper cleaniu~ ni" eciuiparnexzt Z~pieurzent neav equipment into iravea~tn~'y a~ad begin use Analyse intrxbatinn success rates, nu sce~ae banes, acrd effectiveaaess of eclaaipaaaent Time Frames ~+`irst quarter second f~uarter T~irci ~~aartex ~~ n~xrth ~uax~ter PRIMARY EMS GRANT AWARD APPLICATIGN ORGANIZATION: ~e1raX Beaah Fire-Rescue 13. Budget: The applicant must submit a written price quote far each line items,. For equipmtient include, the cast per item, quantity, and cite vendor in~ormatinn. For each type o~ position, include the pay per hazer, number of hours, and cast o~ each benefit. Far expenses, include unit costs (if rental, give the cost per square foot). Items/4uantities and Pasitians/FTEs Gast Per knit Total {See Attached] (4)Fou~ GlideScap~ dangers $10970.00 $93,8$0.00 Shipping/dandling $ 52.00 Total $43,932.00 PRIMARY EMS GRANT AWARD APPLICATION ORGANISATION: Delray Beach Fire-Resc~.~.e 1.~. Medical Director's Approvals: These are required for all projects which involve professional education, medical equipment,' or both. ~l} Professional Education: All continuing education described in this application will be developed and conducted with my input and approval. Medical Director: Printed Name: ,signature Date (2) Medical Equipmezat: I hereby affirm any authority and responsibility for the use of all medical equipment in this project . Medical Director : ~_ _______,~(~ ~ CSC S ignatu.re Printed Na~r~e: Randall Wolff, ~'i.I3. 15. Resolution: A resolution from the Governing Board(s),i.e. City Ca~nmission, Tawn Council, Board of T~irectors, etc. is required once the Graxat is awarded and before the purchase of any items. This resolution will certify that monies from the EMS County Grant Award will. (~.) Improve and expand prehaspital services in that coverage area. (2) Will not be used to supplant existing provider's budge= allocation. (3} Meets the goals and objectives of the EMS County Grant Plan_ I6. Certification: I, the ura.dersigned official of the previously named entity, certify that to the best of my knowledge ar,.d belief, all information contained in this application and its attachments are tr~a.e and correct. I understand my signature acknowledges that I will comply fully with the State B~~eau of Emergency Med~.cal Services' and Palm Beach County's Rules and Regulations governing the administration o~ the State of Florida Emergency Medical Services Grant Program for Counties. ~- a Authorized Official: pace Signor Da e Printed Name: David C. ~7"ames Tithe: Fire Chief -~• x, ir~ 21~~~ g~~~~~~~ Date: 5i~ 6i2oos 20001 North Creek 1'ark~vay ~ Acute, Dept. 13otheli, WA 9$011 ` ~ Extended Care or 1 800-337,-231.3 x Cther_PreHospital Facility_____ Sales 1 425-867-134$ ^ Primary Care i R 1 425-$$3-2$96 7?'ax Uraloav Verathon Inc. llse Qnly Sales Qrder #: #; 780820 Incident #: Rep: Darrr~n Cruz ep. #: 1505 Note: 31fl163 13illir4~ Address Shipping Address Corr~pany: City of Delray lire Rescue Company: __ Sarre as Billing Purchasing Contact: Danielle Connor iEnd User; Dept.: Fire Rescue iDept.: Address: 501 W. Atlantic Ave ;Address: City: Delray Beach State: Fl_ ~Clty: State; County: Zip: 33444-2555 County: Zip; Tel.: 561-243-7442 ~ Tel.: Fax: E-mail Address: Quantity Part Nurr~ber E Fax: :ach.fl.us ;E-mail Address: Qesrrintic~n I )rtit Prince Futanr~ari PrirA 4 0270-0374 GiideScope Ran er Sin le Use System includes Ranger GVL. Scope I * Includes Std First Yr Cust Care Warty Included 4 0803-0005 Sty(et Guide (Pre-Shaped) 6 per pack included 4 0900-0425 On-Site In-Service Training Included Subtotal: $ 10,970.00 $ 43,880.Ofl :~. $ - j C3 Trade In Ntodel # tJnii s1~t: * ScanPoinfareliant unifs (6x00 series} require annual renewal of ScanPoint® plant. ~avsr~ent lnfrarr~ation Subtotal $ 43,880.00 !;Credit Card X Invoice Shippinglf-landiing: $ 52.(30 Customer Purchase Order #; Total $ 43,932.00 + Tax Special S17ippin Instr€rctigns: , TAX EXempt?: 0 YES (suppfy cer#ificate) X NO Buiyer's Initial: -°~`.T°''-, 0003-0111-14-01 M. Evans Sales Probe SiN: Buyer`s initial: rage 1 of 2 This Sales Agreement (this "Agreement") is entered 'iota as of the date written above (the "Effective Date") by and between Verathon Inc.. ("Verathon7"'") and ("Client"). VerathonTTM and Client acknowledge and agree to be bound by this agreemen#, including the Terms and Oonditions of Sale on page 2. The parties have caused this Agreement to be executed betow by their authorized representatives. The parties agree that a facsimile or electronic copy of this Agreement will be treated in all res ects as the on incl. Order Confirmation: This Safes Agreement (the "Agreement"j constitutes a binding and enforceable contract by and between Verathon Inc,. ("Seller"~ and the above customer ("Buyer°j. Seller's acceptance a# Buyer's order is expressly conditioned upon Buyer's assent to these terms and conditions to the exclusion of any addiffonal or different terms ar conditions, which assent shat) be presumed canctusiuely from Buyer's failure to timely object in writtng or from Buyer's acceptance of any of the product ordered, No modification of any provision wiff be valid unless set forth in writing, signed by both parties. 5efler and Buyer agree a facsimile or electrantc copy of this Agreement wiff be treated in al] respects as an original. Delivery: delivery is FOB Bothell, Washington, USA. Title and risk of loss pass to Buyer upon tender to carrier; provided, however, Seller reserves a purchase money security intorest in the product and any accounts receivable, genera! intangibles or proceeds arising from ttte sale, Eicense or other disposition there from, until the entire amount due Seller for the product has been paid in full. Buyer agrees to pay reasonable shipping casts. Seller will not be liable for any deEay or failure to deliver resulting from conditions beyond Seller's reasonable control orwhiah would cause 5elter #o incur unreasonable expense. Terms of Payment: Upon each shipment, Seiler wilt Issue an invoice to Buyer. If deemed necessary by Seiler, partial shipments shalt be made and invoiced at their value. Buyer agrees to accept partial shipmen#s. Payment terms are net thirty (30) days from the date of the invoice, and any outstanding balance shall bear interest at a rate of one and one-half percent (1.6%) per month, All payments shall be in tSnited States dollars. Seller may change its credit terms andlor suspend performance under any order when, in the opinion of Seller, Buyer's financial condition ar record of payment so warrants. Taxes: Buyer agrees to pay any and aII sales, use, excise, personal property and any other tax related to the sale of the product, even if such amount is not included in the invoiced amount. If Seller pays any tax on Buyer's behalf, Buyer agrees to reimburse Seller for any such payment. Washington Law: This Agreement shall be construed, enforced and governed by the taws of the State of Washing#on, without reference to canfticts of laws provisions. Venue for any action brought ko interpret or enforce any provision of this Agreement shall be in the state or federal courts situated in King County, Washington. Each party agrees that such courts shatE have exclusive iurlsd'€ctinn over env such suit, and each warty hereby submits to such iurisdction. Warranty: Buyer may return the product for a full refund at any time during the first thirty {3fl} days following the date of invoice (°Warranty Period"}. Buyer shall not he entitled to a refund after the Warranty Period. The product must be returned to the address helow and must reference a return autharizatian number issued by Customer Care department Verathon Ina. 20009 North Creek Parkway Bothell. WA 98fl91 1 300-33 9 -23 t 3 THIS WARRANTY iS GIVEN BY SELLER WITH RESPECT TO THE PRODUCT IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IN€i'I_tED. SELLER DiSCLAliNS ANY 11~I€PL11=D WARRANTIES OF MERCHANTABILITY OR FITNE5S FOi~ A I~ARTECULAR PURPOSE. BUYER'S RIGHT TO RECEIVI= A FUlmt. REFUND PURSUANT TO THE TERMS OF THIS AGREEMENT SHALL BE THE SOt_E RNIJ EXCLUSIVE REMEDY PROVIDED TO BUYER FOR BROACH OF THIS WARRANTY. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY {}THER PARTY FOR EXEit/tPLARY, INCIDENTAL, INDIRECT, SPECIAL Ott CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OU7 OF THIS AGRI=EMENT OR THE RELATIONSHIP OF BUYER ANB SELLaWR. For US $1,t740.00 deductible, or the local currency equivalent, a Client owned ScanPointO scanner {6xQ0 series) will be replaced with a new scanner if it is rendered inoperable as a result of an accidental drop. The US $1,fl00.00 deduc#ible charge can be applied on an unlimited basis per scanner. Scanners dropped the first time ar multiple times are included. It is not the po3icy of VerathonT"" or its wholly owned subsidiaries to replace scanners, accidentally dropped, with no deductible fee or charge. For additional terms and conditions. oioase refer to your ScanPoint® oroduct. Problems with a Cliont-owned computer, network or programs insiailed therein are clot included in this warranty. Verathon inc. wil! service such problems for an a[irlitinr:a€ fP.e Indemnification; Attorneys' Fees: Buyer agrees to indemnify and hold Seiler hant~iess against all claims, damages and attorneys' fees arising or otherwise in relation to, or resulting from the installation, maintenanco or operation of the equipment. if any legal action or other proceeding is brought far the enforcement or interpretation of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys` fees and costs, in addition to any other relief to which it may be entitled, including those incurred on appeal ar in bankruptcy proceedings. Waiver; Severaisility: The Failure of Seller to enforce any provision of this Agreerrrent shall not constifute a waiver of such provision. ff any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, then that provision shall be amended to achieve as nearly as possible the same economic and practical effect as the original provision and the remaining provisions of this Agreement shall in no way be affected. Assignment; Successors: Buyer may not assign ar otherwise transfer its rights or obligations under this Agreement without tho prior written consent of Seller. No attempt to assign or transfer in violation of this provision will be binding upon Seller. This Agreement is binding upon and enforceable against any successor ar permitted assign. ~~~I~r"s ~cc~ptan~~ Prinfed Name Title Signature Date ~t~y~~'~ A~c~p~~~ce ~ f~gt-~errl~m~~ i'-inted Name Title Signature Date 0043-0111 T14~41 M. Evans Sales A reement Pa e 2 of 2 '~ ~ocument# 0301 .___ o~oo~~~~~ _ g~ - e ~Itie 1~~~~~r w7~~i®p~® ~®1~ ~®~~ri~ ®I~~~~V~ ~~. ~~~.~ This document and the information he:efn are proprietary to Verathon inc. and sha11 Author ,~, ~C{~L'f~1~'~l ECN tt 5$~7 not 6c reproduced or disclosed in whole or part Withvvit tt~e express Written permission Refer to MasterCor~trol for Electronic Approval Signatures ]ate i {}1[.~'~ pJ~p®$ of Verathon Snc. Form 0405-0011-DS-92 Security Pu~[ic Page 1 ~f 2~ ©2002-2008, Verathon lnc. May 16, 2008 'Ta Wham It May Concern: Prom: Verathon Inc. and Veratlion Medical (Canada} U.L.C. RL': Sole Source Certitcation GlideScope~ products and services from Verathan Inc. and Veratl~on Medical (Canada} U,L,C. are patented under the following numbers and cou~atxies: USA _ _ 6,142,144 _ ~_.~_~--~-- USA 6,54;,447 USA __ _ 6,655,_377 -~..~-- ~ International Patents~Pendin~ This patent protection causes ~e following products to be exclusively supplied as Sole Source items by Veratl~on Tnc. and Verathan IVledical (Canada} U.L.C.: GlideSco e® GlideSco e® . Portable GVL~ System __ Classic GVLCr? System ~~ _ ~~~_ _ 0270_0315, 0270-0317, 0270-0320__~~ 0270-0323, 0270-0324, 0270-fl325, 0270-0326 GlideSco e~ Classic Lo-Pro __ W.. 0270-0328, 0270-fl329, 0270-0330, 0270-0331 GlideScape~ _ Classic Standard Adult 0270-0333, 0270-0336 _ __ ~ ~~~~~ GlideSc_ope® Portable Standard Adult _ (3270-0338, 027_0-0341, 0270-0344 _ ~ ~~ GlideSco e© Portable Standard Adult with G1ideKite K.it ._~_-~~.-~ 0270-0353., 02'70-0352, 0270-0353 G1ideScope® ~ ~ Ranber Systes~a 0270-0374 _ GlideSco e~ Cobalt {side-use~~ _ _ _0270-0382 CilideSco~e~7_~ _ Ran er Single-Use 0270-O42fl GlideSco e® GVL® Lame System __W ~___-__ 0574-0001 ~____ GlideSco e® GVZ,~ Mid-Size System _ - _- 0574-0007 GlideSco® GlideSco e~ - GVL~ Small System - GVL~ Ran er w~.-~_ 0574-0010 ~ 0574-0018 Thank you far your consideration of our unique application specific devices. Sincerely, ~~ra~d .~c~Vl®~Y®`~t> Gerald. McMorrow CFO, Chairman axed Founder O 2002-2007, Verathon Inc. All righfs reserved. Q900-123'1-02-01 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: City Manager DATE: June 9, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL SERVICES/RESOLUTION 21-08 ITEM BEFORE COMMISSION Resolution of the City Commission indicating support of an application for an Annual Non-Matching Grant from Palm Beach County, Department of Emergency Medical Services. BACKGROUND The Fire-Rescue Department is submitting an application for an Annual Non-Matching Supplemental Grant from Palm Beach County, Department of Emergency Medical Services to purchase four (4) Masimo RAD 57C carbon monoxide detectors in the amount of $15,000.00. Delray Beach Fire-Rescue currently own two Masimo RAD-57C's and this grant would bring our total number to six. We currently have six ALS Rescue vehicles, and having the Masimo RAD-57C on each of our Rescues would enable any crew at any time to perform as the rehabilitation unit. This would decrease any confusion on scene of trying to find the unit that has the RAD-57C on it, and this would in turn improve our patient and rescuer assessments by identifying poisoning as a possible cause of the patient's condition in a much timelier manner. Finally, having the equipment readily available would enable DBFR to be compliant with the changes incorporated in the new NFPA 1584 standard. RECOMMENDATION Approve the resolution indicating the City's support of this application. RESOZ.uTZON No. 2~-os A RESOLUTION OF TI1p. CI I"Y COMMISSION OF THE QTY OF DELRAY BEAC~I, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRAN' AWARD PROGRAM FOR FY 2007/2008. WHEREAS, the Delray Beach Fire-Rescue Department represents the e~x~ergcncy rx~edical services interests of the City of DelrayBeach; and WF-IEREAS, the Delray Beach Fire-Rescue Department is requesting lut~duzg for FY 2008/2009 through the Pahn Beach County Emergency Medical Services Grant Award program far the purchase of four (4) Masia Rod 57-C carbon monoxide detectors. W1WlEREAS, the City of Delray Beach Fire-Rescue Departxzaent is eligible to receive funds collected 6y the Office of EnaergencyMedical Services pursuant to Chapter 401.113, Florida Statutes; and. WHEREAS, the equipment to be purchased with these funds will enhance the City's overall emergency :rxtedical services operation and. improve the delivery and level of emergency medical care provided to the citizens of and visitors to the City of Delray Beach and the entire Fire-Rescue service area; I~~OW, TI~EREFORE, BE IT RESOLVED BY THE QTY COMMISSION OF 'z"z-~ QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Cornrnission of the City of Delray Beach is ,supportive of this initiative to secure grant funds for this service enhancement; and Section 2, That the Mayor of the City of Delray Beach is hereby authorized to execute all documents which are necessary to complete the request for funds from the Pahn Beach County Emergency Medical Services Grant Award program. PASSED AIV~ ADOPTED in regular session on this the ~., day of dune, 2008. MAYOR ATTEST: City Clerk DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT OFFICE OF EMERGENCY MEDICAL SERVICES PALM BEACH COUNTY EMS GRANT AWARD APPLICATION Note: The total for all your primary requests must not be more than ~S~,OOO.OD. ~ . Organization: Delray Beach ~'ix~e--Rescue Authorized Official: David C. James Title: Fare Chief Alternate Official: Title: Mailing Address : 501 C~7'. Atlantic Avenue Telephone: 561-2~3-7~1~ FAX: 561-243,761 2. Authorized Contact person: Danielle Canazor Title: Division Chief -- Emergency Medical Services Mailing Address: Delray Beach Fare-Rescue 'telephone: 563T243-744(? FAX: 561-243--7461 3 . Agency' s Legal Status : -City/Mux~.acapality 4. First Responders: please attach a copy of your Memorandum of Understanding (MQU) with a licensed provider. Sf you do not have a MOU, attach documentation that yon made reasonable efforts to get o~a.e, that you cooperate with the provider, or that yon. requested but did not receive a response from the providers in your area. 5. Your Federal Tax ID Number: VF 59-60Q0308 6. Identify the EMS county playa. goals this project will accomplish in whole or in part. A copy of thy: goals is attached to this application. 2D: Identify and ii~tplei~sG~T],t new tec~i.nolog~y and procedures intca the EMS systeir- to improve patie~a.t outcazaae. This dnes nit apply tea specialized response u~.its. 7. Communications Projects: All grant applications which involve communicatioxas equipment and/or services, ix~ total or in part, will be reviewed by the State of Florida Division of Informatioxa. Technology. FINAL APPROVAL MUST BE OBTAINED PRIOR TO ANY PURCHASE COMMITMENT. Copy of approval from the State must be submitted to the Couxa.ty EMS Office with request for reimbursemexa.t . SUPPLEMENTAL EMS GRANT AWARD APPLICATION ORGANIZATION: De~,x'a Beach ~'ire~Rescue 8. Background: Describe your agency, its operations, ar~.d how it relates to other EMS agencies in your area. Also, provide a desCriptiora of your major resources ix~.cluding the number of employees, vehic~.es, and equipment. The Delray Beach l~zre-Rescue Departrrzent responds to all calls for assistance within the City of Delray Beach and contracted areas of the Town. of Gulf Stream and Town of Highland Beach. These services include fire suppression, special operations, fre prevention and safety, CPR/AED traixazng to the public, injuxy prevention, disaster response and emergency zx~.edical services including ALS and BLS transportation. We began our E~iS service in the 1950's providing basic first aid, evolving into the pararnedzc level of se~vzce in 1979. Currently, we provide first response zx~cdical assessment and treatment at the advanced life support level and transportation to local hospitals, ia~cluding stroke and trauma centers. Additionally, we ezxzploy mutual aid agreexnetrts with all neigliboxing agencies. Our annual budget is $22.~ million. We have l5~ full tune employees. We operate sip (6) paramedic rescue vehicles with (3) in reserve for back-up and maintenance, all with cellular phone capabilities. Our remaining fleet consists of seven (7) Engines, three (3} Aerial Trucks, one (1) Brush Truck, one (1) Special Operations Truck, one (1} Tanl~er, two (2) Corrn-nand vehicles, two (2} Special Events Response Vehicles (BERN), one (1) Public Educatioxz unit, twelve (12) staff cars for a Total of thirty-eight (38} units. Other resources are provided under an existing countywide mutual aid agreement. 9. Grant History: Brief~,y describe your current and previous grant awards for the past three years. Explain, how this appl.a.cation does net conflict or dup~.icat;e them. ~n the past threc (3} years, Delray Dcach Fire-fescue lras reccivecl grant awards that c~ahax~cecl ®~r rzaedical equipment azad response i~acltxding Strykcr Power Cot stretchers, A.FD's, ALS upgrade for Fire Sulapression vehicle (Engine), and a new S~RV ~znit with AFB package. SUPPLEMENTAL EMS GRANT AWARD APPLICATION ORGANIZATION: Delray Beach Fire-Rescue 10. Project Need Statement; Write a clear, concise statement descri~aixag the needs) addressed by this praject. This rr~ust include: 1) numeric data; 2) time frame far the data; 3) source of the data, and; ~) the in~rolved target papca.latioxa and geographic area . Carbon Maxaaxide (CO) is a colorless, adarZess, an,d naxa.~-irritating gas produced primarily as a result of incomplete combustion of axxy carban.aceaus fossil fuel, (Kea ~,W, ~anagas KA. Exnerg~ Med C,lin ZV" Am, 2004y22:985-1018?. Carbon Mono~cide has long been identified as a "s~.Zent killer" and affeats thousands of firefighters and victims of fires each year. Additionally, saurces indicate that upwards of 90,000 annual emergency department visits are attributed to CO paisaning, with victims :~angira~g from rescuers axa.d victims of fires, to residexa.ts or employees within, areas of slaw, insidious CO .eaks. The increased popularity and usage of portable generators in axa~d around residences during Florida's hurricane season has also provided an unfortunate and unanticipated surge in CO paisaxx.i~xgs. The Center for Disease Control completed a study of emergency raatn patients during the 2004 hua~ricane season in an. attempt to evaluate the prablexn.. The study focused an only 10 hospits.ls that were located within. .fif"ty miles of the center of the hurricane as it passed through the state. .x.11 information was gathered from August 13, 2004 through September 28, 2004. The study cozafirmed 1~7 poisonings and six fatalities from, carbon monoxide. (CDC, 2005) belray Beach Fire-Rescue responded to 20`7 first alarm fires in fiscal year 20x7. An average of fifteen responders are an. scexae fax all first alarms structure fires, not cauxating any mutual aid that may provide assistance. The Hera- NFPA 1584 guidelines have added CO monitarixxg ira.to the firefighter rehabilitation protocol. 1n adda.tian to vital signs including heart rate, respiratory rate, temperature, anal pulse aximetry, CO man.itaring has now been. added as one of the criteria far returning to duty. I3epartmental Standard Qperating Procedures mandate that CO readings during rehabilitation must be less than. ~.0o in order for a firefighter to be permitted to return to work. Delray Beach Fire-Rescue cux-rently own two Maxima RAD-57C's, and with this graxxt, Ynrould bring our total number to sig. We currently have six ALS Rescue vehicles, axad having the Maximo RAD-57C on each of our Rescues would enable any crew at any time to perform. as the rehabilitation. ~a.nit. This would decrease the chaos o~. scene of trying to find the unit that has the RAD-57C on. it, and this would in turn iznprave our patient and rescuer assessments by identifying CO poisoning as a passible cause of the patien.t's condition in a much timelier mariner. SUP~LEMENTAZ EMS GRANT AWARD APPLICATION ORGANIZATION: belra~_Beach Fire-Rescue 11. Project Outcome Statement: Write a concise quantifiable statement describing the degree to which the need(s) will be changed by the project. This must contain the same four characteristics as the heed statement and indicate the evaluation methods used to measure the efficiency and/or effectiveness of the project's outcome. With the addition of four RAD-57's to DBFR's current inventory of two, we would be able to equip all six (rant line ALS Rescue vehicles with carbon monoxide capabilities. zn this manner, we would better be able to serve the residents and visitors of Delray beach by identifying CO poisoning cases. In addition, compliance with NFPA 1584 would provide fax better firefighter safety and wellness. Evaluation methods to measure the usage and effectiveness of the RAI]-57 would include an analysis of firefighter rehabilitation retards to identify personnel and/or fire victims that maintain high CO levels despite being asymptomatic. A contrast study against national statistics to verify the effectiveness of our program would be instituted, as well. SUPPLEMENTAL EMS GRANT Arlv`ARD APPi~CATUN C)RGAN~ZATION: DELRAY BEACH ~'~RE-RESCUE ~.~ . Major Acta.va.ties anal Time Frames Tf grant is awarded, you must follow your schedule. ~~, fnr some reason, the schedule cannot be fnlln~red, please advise the EMS Office of the activity change. Please indicate time frame as 1St quarter, 2~d quarter, 3rd quarter, ~t~ quarter and fill in the year. First Quarter = October 1 through December 31 Second Quarter = January ~ through March 3~ Third Quarter ~ Apri.l ~. through June 30 Fourth Quarter = July 1 through September 3C} Activit Order ~l3 57's Conduck in-service traini~zg and ed~xcation ors use, xaaaintenance, anti proper i~zterpretation of g~~} 57 device. lple~eent mew e~uipmdent into inventory aid ~ie~in use Cond~tet Meld audits iza conj~xnction with 12isiC l~az~agexnent aa~d Town Clinic to evaluate the reductio~a o~ patient and eYa~tployee ir<j~ries. Times Frames First ~~z~rter ~ecoud quarter '~'tiird ~~arter 'oa~~°th ~narte~- SUPPLEMENTAL EMS GRANT AWARD APPLICATION ORGANIZATION: DEI,RAY BELCH FIRE-RESCUE 12. Budget: The applicant must submit a written price goats for each 3.ine item. For equipment include, the cost per item, quantity, and cite vendor information. For each type of position., include the pay per hour, number of hours, and cast of each benefit. For expenses, include unit costs (if rental, gi~re the cast per square foot) . Items/Quantities and Positions/FTEs (4) .~~sia~o ~D-57~ Por~a~le Co-®xz~xete~r with ~P~2/~P~® ~x~d ~ainb©w ~7C~-IBC-3 ~~ger ser~so~-l~~ti ~n~t t~~scflun~ Cast Per Unit Total X3750.00 X15000.00 '~'o~ai regazes~~d ~i5000.00 SUPPLEMENTAL EMS GRANT AWARD APP~,ICATION ORGANT2ATTON: DELRAY BEACH FARE-RESCUE 13. Medical. Director's Approvals: These are required far all projects which involve professional education, medical equipment, ar bath. (1) Professional Education: All continuing education. described in this application. will be developed aza.d conducted with my input and approval. Medical Director: Printed Name: Signature Date (2) Medical Eq~ment: I hereby affirm my authority and responsibility for the use of all medical equipment in this project. Medical Director: Signatur ~~ ~ ate Printed Name: Ran.da~.~. Wolff, M.D. 14. Resolution: A resolution from the Ga~rerning Board{s),i.e. City Carr~mission; Town Cauxa.cil, Board of Directors, etc . is required once the Grant is awarded and before the _purchase of any items. This resolution will certify that ma~zies from the EMS County Grant Award will. {1) ~mprave and expand prehaspital services in that coverage area. (2) r,~ill not. be used to supplant existing provider's budget allocation. (3) Meets the goals and objectives of the EMS County Grant Plan.. 15. Certification.: T, the uxa.dersigned official of the previously reamed entity, certify that to the best of my knowledge anal belief, all information. contained in this application and its attachments are true and correct. I understazad my signature acknowledges that I will comply fully with the State Bureau of Emergency Medical Services' and Palm Beach County's Rules and Regulations governing the administration of the State of Florida Emergency Mech. a Services Grant Program for Counties. a _.. ~~ A~xthori~ed Official: Signat~i.r~ ~Dadte Prizated Name David C. ~'a:m.es Title: "ire Chief ~~..~ ' 6200 Rings Rd. Ste. A Dublin, OH 43017 Phnne: 800-533-0523 Fax, 800-257-6713 Acco~rnt hiame: DEL.RAY BFACN FD ~~~..~...1fC3; contact [Varner Account Manager Chic Prine ~~ Dais: 5/12/2008 Valid until: 7111(200$ Quotation #: Account dumber: 113197 ~~~~ TC): Phone ~Vo: Payment Terms Ship Method shionina Tntai: Sales Tax applies to customers who are non-exempt. Shipping charges will be prepaid and added to the invoice unloss otherwise stated. ye g- wc:~x ~--~ ~, ~"~~ ~ir~t~'~~~€r~€~~~gy t~ ~nir~v~~l~~ly ~~ ~r~t6ra~t~u~ly i~~sure #~ ~~~4~~t~aic~bin~: ~rbr~~ei~~gl~i~ The [3asia SCAT v~ith Rainbow Techn®fogy P€.iise CCU-Qxirrreter platform is a new technology that represents the latest i system theory and adaptive signal processing. Rainbcsw is based on l~asima SET teal~nology---the acknawledgec€ performance standard in pulse oximetry and the only pulse oximeter solution That can read through motion and law perf~rsion states. Rainbow F'r~lse CO-CJximeter technology uses rraultipie (7+) d'€st'rnct wavelengths of fight, giving clinicians the ability to naninvasively and aantinuausly measure carbaxyhamag[abin (5pC©'""} and methernaglobin (SpMetz°`}, together with the unmatched accuracy a# Masirna SET SpC3~, Pulse Rate, and the ~'erfusi©n (nd~x (PI}. The ability to obtain these r~aeasurerTrents naninvasiveiy and cantinu€~usly wil! facilitate earlier detection of compromised oxygenation stags for mcsre tim~[y, effective treatment decisigrrs that should impact positive csutcc~mes. These initial parameters available an the Rainbow pl~rtforrn are expected to be augmented by the .`' f~tt~rre availability of additional parameters. r ~ , -~ The foiio~sir~g is a guide to the large and growing body of p~.iblished iite~-ature an the prevalence and significance of acquired msthernogiobin~;r~-ria and carbaxyhpogfobineia in the aerate care environrrsant. The literature sumrEZaries dert~onstraz~ tna~ c~.'~uxyhen~agiabinemia and trretherrtogiobinemia are not r°are conditions with[ri the acute care setting, and the ability to continraausiy arrd nonirtvasively assess these ciyshernoglobins can reduce the morbidity and mortality associated with elevated [eveis. The various scsurces of rrredicatinn proven to cause elevated rnsthemogiabin are ubiquitous in the hosp'stal setting, from the varia~cs `came topical anesthetics (benzacaine, lidocaine, etc.} to the rapidly graving application and use of inhaled nitric oxide (iE~iJ), t~eanll~t~ile, carbon mac oxide poisoning is a problem aorr~mon to ail areas of dnciustrialize~t society. CC:T poisoning is the number nne source of paisoninc~ reported in patients who report to the emergency raorxt. it can be caused by inhala.tian of contbustic~n byprodr~cts {anginas, generators, furnaces, wildfires, eic,}, by r~aedications (sodium nitroprusside}, and in same circr.rmstanaes by the anesthesia circr~it during a surgical praced~zre, Roth rrrether~oglobin and carboxyhem©gi©bin can be dangerous silent killers and are difficult to detect, masked by equivocal and potentially misleading patient symptoms. If untreated, bath have significant r~arbidity and mortality cansequencos in all areas of care. ~.. _ ~' - -- r - u; ~ °. ~ ~~ Y - t ~ tf 3'F GMasimio > >~ ~ .. Kao :[.W, Nanagas KA..~merg hied Clirt NAm. 2404,22:985-1018. "The following patients may be encountered during ¢n emergency department (ED) shift: a 7- year-old with a first time seizure, an 80-year-old with syncope, a family with flu-like illness, a pregnant patient with vomiting and dizziness, a 45-year-old with chest pain, a comatose patient from a house fire, and a factory worker with a headache. Although these complaints m,ay sound diverse, carbon monoxide (CD} exposure may account for all of these clinical scenarios. CO exposure often goes unrecognized rend can lead to significant morbidity an,d mortality. Rapid recognition and appropriate therapy can irraprove outcomes significantly." This comprehensive litarat~are review of the acute and latexzt effects of carboxz monoxide poisoning cansid.ers epidemiology anal sources, patlxopbysiolo~;y, clinical effects, diagnosis, and treatxnexkt of tlae CC poisoned patient. The paper explores proper drspositioning of the CO- exposed patient and briefly discusses prophylactic measures that znay reduce th.e incidence of this insidious poisoning, ~~rarl~rr~i~f~~~r, ~-a~cl ~e~ua^~~~ CO is a colorless, odorless, and non-irritating gas produced px-imarily as a result of izacompleta cnmbu.stian of any carbonaceous fossil fuel. CC3 poisoning accounts for aaa estimated 4a,E30(l annual ED visits in the ~Inited States, and is the leading cause of poisoning mortality an the US, Misdiagxaosis may resralt in the patient(s) being discharged #aacl~ to the claaagerous environment with su'bsegizent serious exposures. An estimated one-third of CO poisoning may go undetecteel, e~nphasiaazxg the iaa~portance of entez~tainixzg' the dzagnasis in patients with suggestive synxptoxxks. ~~~1~ea~al~ry~9cBlr~~`~ Initially, the pathophysiolagy of CO poisoning was thought to be exclusive to cellular hypaxia imposed by replacing oxyhemoglobin by COI~b and. laroducing a relative anaemia. Yet CO poisoning exerts it is toxic influence in much more complex ways, including a combination of hypoxialisehemia involving dixect toxicity at the cellular level. C4 binds to many hezne-containing proteins ether than hemoglobin, inelud.ing cytochromes and myoglabin. Cellular respiration may be impaired via inactivation of zxai.tochondrial enzyn~es.'1`he rate of nitric oxide (NO) in the setting of CO poisoning is discussed. NO seems to play a pivotal role in the events culniinatin:g in oxygen damage to the brain, which naay be responsible far the clinical syndrome of delayed neurologic sequelae (131vS). ~Ear'~ic~! ~£f~:ct:~ 6leute -'1`he clinical effects of CO poisoning are diverse, an.cl easily conFused with. ether illnesses, such as nonspecific viral illness, benign headache, anal. various cardiovascular and neurologic symptoms. Initial syznptaxns after CO exposure include headache, nausea and dizziness. fie exposure increases, patzents develop wore pronounced and severe symptoms, with oxygen-dependent organs showing the earliest signs o£ injuxy. The brain arad heart are the most oxygen-dependent organs and the most sensitive to the toxic effects of Ca. [See'1`able 17. Belayed - The effects of CO poisnrsi2ig' are not confined to the period ianmediately after expos~axre. ~'ersistent ar delayed neuanlogic effects also have been reported. 1~Ilost intriguixag is a sy~idrame of apparent recovery from acute CC goisonix~g followed by behavioral and rxexxrologie deterioration after a latency period. of 2 to d0 days. Tlae pager discusses tier; myriad of evidence that lizail;s C® poisoning to delayed neurologic secluelae. Chronic -The effects o£ elzronic C© exposure (usually occupational complicated 1Dy cigarette smoking) are discussed. Chronic CO exposure may accelerate atherosclerosis. As well, chronic exposure has tieeza associated with. polycytl~eania and cardiomegaly. ~a~s18 '] : ~linica3 ~ign~ ar~c$ ~~.rt-~ptor~-ss a5~a~i~t:er~ wif:k-~ Car;~or~-~1Oe'tC9xide F3oasongr~g SeccriLy tii};o_s antl 4Fttr{~tot3ts ' 7','~~:[ ~;r~ iii a Lc-, : i~=~;~ ~rul1 ~~i?. rl. ~ _~.:, . ~. hlu u;i! s.. ~:~.t~ ~:L~~:; rr]7t Cot~i~~-int,, u~~':~~i;r, tI~F~'Y.`n:a~tZ,d}-E: ,iE. ~E'-= r :};_~rar~;i~.i ;-~~n~'a ~J.;~t1iaLEtr_: ~t.,t,i~~~~.~.=ti;~r~. ~t.:rcaruta: c,t,trt~t, t;:'rli[r.,iTetil~?~•ttr~t: ~ct't'c~t. La`rp ,,.i., __ .. .. -:. ~. r~~;, i is tip ~ic'~~6'3C~~1~ ~`he severity of clinical symptoms is related net only tp the concen.Lratian of C©, but also to the duxatian of the exposure. COI-Ib levels should be measured with a CO-Oximeter. Routine bland gas analyzers wzthout CO-Oximeters calculate rather than measure oxyhemoglobin saturation and do not recognize tkze contribution of abnartnal. hemoglobins. Pulse oxim.etry m,ay be falsely elevated in the setting of significant CQ poisoning because carboxyhemoglobin is indistinquishalale f'oxxn oxyhemoglabin by twa vravelength pulse aximetry. `~'t'~~~rrtet'~~ 'I`reatme~~t begins with supplemental oxygen and aggressive supportive care. High, flow oxygen therapy should be immediately administered to treat CQ-imposed hypoxia. tln extensive literature review of the use of hyperbarzc oxygen, compared and contrasted with axpa-tnobaric oxygen delivery, is presented. Hypexharic oxygc;x~ treatment may prevent adverse neYarolagic se~uelaeo lncxeasing the partial pressure of oxygen decreases the half life of carboxyhemoglabin. ~r~rv'~ry "C€} poisoning procluCes diverse signs and symptoms, which often are subtle and cazi be misdiagnosed easily 13'ailure to properly diagrsose Qf3 poisoning ixxay r'es~x~dt in significazt anorbidity and srzortality anal alla~v caaitin~~etl exposure to a dangerous environment. Xn $he emergency departm:exzt, a Ixigl~ index of suspici¢n roust he maintained far occult Cf3 expos~sx'e." 't'reatment begins with inhalation of supplemental oxygen. '4ile absolute indications of hyperbaxic oxygen treatment remain controversial, this treatment accelerates dissociation of CO from bexnoglobin and may prevent delayed neurologic sequelae. 7`he emergency physician may be confronted with the difficult decision regarding disposition and even transfer of the CO-poisoned patient to a hyperbaric facility. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: June 9, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 GRANT APPLICATION/LAW ENFORCEMENT GRANTS PROGRAM/TARGET ITEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) seeks retroactive approval for the submission of a grant application to Target's Law Enforcement Grants program. BACKGROUND Target offers small grants for Law Enforcement agencies. The DBPD seeks retroactive approval for the submission of a grant application in the amount of $4,500. If awarded, these funds would be used to to purchase 50 textbooks at $90 ea. (Introduction to Criminal Justice) to support the Police Department's Criminal Justice Academy at Atlantic High School. This academy currently serves over 300 students. RECOMMENDATION The Police Department recommends approval. .... -- ::, { 1 II 1 ~ __ ~ ~ V i •39 PEES _ P~ efT 'S6. illm Y.L i~.Y ^ ' I I `I i } 1 I .. 1 .~ 1 1 N ~ ^ _ c~ 1 1 ~s Y II - - ~ ~ V ~ I .-._ - _ _. r 1 It ^ G ^ 7[ M I 1 J ~ iF 1 ~ +Y ti G ^ 1. R 7[ ^ ~ - II IM rtl 1 1 R - - ^ 1 ~ t 1 1 - - -- - •• 1 ti - - I ~ r :7 ^ J r ~ .7 ID y ' ^ ^ =y ^ R t ~ 1 n ^ _ $ - ^ s• s 1 II I I I 1 X '1 ^ N r: ~y T 1 1 I I It I Y I ~i i n r 11 ~a H ^ S I I II !8 R _ . 1 f ^ ^ I 1 1 1 ^ 7 y 7 ^ II 1 M . 1 I _ 1, ~' - 1 4 1 1 11 A 7 I II ^ - - 1 r ^ ~I N 1 C ^~ E ^ 1 I ~, • _ ^ _ N x ^ 1 II G 1 ~ _~ :1 1 I^ 1 M I ~ ~ II ^ ^ ^ 1 II 1 ~ I II ~ T I ~ 1 ti z. 1 i - 1 ^ 1 1 ^ T :d Y 1: I I 1 ~ ~ II - - n ^ •~ ^ ~ x ^ q 1. R 7 ^ ' ^ 1 n vl n _ 1 1 3 t ~ 1. r 1 II Y ^ .. 11 1 ~x u ® ^ 1 h2 J~ '' T -~ I _ .. I . II ~ II u 11 ^ _ iv. T ^ I 1 ^ I Fe a n i ~ 1 I 1 . 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MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: June 9, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 GRANT APPLICATION/EDWARD BYRNE MEMORIAL .TUSTICE ASSISTANCE GRANT (TAG) FOR FY 2008 ITEM BEFORE COMMISSION The Delray Beach Police Department has received notification of our eligibility for the Bureau of Justice Assistance (BJA) Local Justice Assistance Grant (JAG) for federal fiscal year 2008 in the amount of $21,228. This is a renewal of a grant we have received for the last several years, and there is no match requirement. The funds are being requested to support the Holiday Robbery Task Force, as in prior years. BACKGROUND The Delray Beach Police Department's Holiday Task Force has been operational from Thanksgiving to the New Year, each year for the past ten years. The Task force saturates all shopping centers in the City of Delray Beach with high visibility patrols providing a high profile visibility of 100 different officers throughout the course of the program. As a result of the Holiday Robbery Task Force, during the holiday season there have been minimal incidents of thefts or other serious crime incidents in the targeted areas. FUNDING SOURCE These grant funds are being offered through the U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program. RECOMMENDATION The Police Department recommends approval of a grant application for the Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $21,228.00. Edward Byrne Memorial Justice Assistance Grant 2008 Delray Beach Police Department Program Narrative Program: HOLIDAY ROBBERY TASK FORCE The Delray Beach Police Department's Holiday Task Force has been operational from Thanksgiving to the New Year, each year for the past ten years. The Task force saturates all shopping centers in the City of Delray Beach with high visibility patrols providing a high profile visibility of 100 different officers throughout the course of the program. During the 2007 holiday season The Police Department dedicated one thousand three hundred thirty five and one-quarter (1,335.25) hours to the program at a total cost of $72,587.86, of which $35,432 was reimbursable through a prior JAG award. As a result of the Holiday Robbery Task Force, during the holiday season there have been minimal incidents of thefts or other serious crime incidents in the targeted areas. Edward Byrne Memorial Justice Assistance Grant 2008 Delray Beach Police Department Budget Narrative Program: HOLIDAY ROBBERY TASK FORCE Costs for Overtime and FICA: $21,228 These funds will help offset the costs for officer overtime to reduce and deter robberies during the holiday season from November 25, 2008 through December 31, 2008. Offici Seal of Tha Offici Seal of Tha Application ~~ Con~cspondcncc Review SF-424 Print a Copy Application APPLICATION FOR ?. DATE SUBMITTED Handbook o FEDERAL ASSISTANCE - I. TYPE OF SUBMISSION 3. DATE RECEIVED BY Overview STATE Applicant Information Project Information BUCI~~Ct ~lnd PCO~rall] Attach mcnts Assm~ances and Certifications Review SF 424 Suhmit Application Application Non-Construction S.APPLICANT INFORMATION Lc~~al N~unc City of Dclray Bcach Address 100 NW I st Av Dclray Bcach. Florida ;3-I-I-I-;69 6. EMPLOYER IDENTIFICATION NUMBER (EIN) -~. DATE RECEIVED BY FEDERAL AGENCY He1P/Frequently Asked 59-60003 15 uestions ~, TYPE OF APPLICATION GMS Home Nc~ L 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 16.738 CFDA EDWARD BYRNE MEMORIAL JUSTICE TITLE: ASSISTANCE GRANT PROGRAI\9 I?. AREAS AFFECTED BY PROJECT Dclray Bcach. Fl Switch to ... Applicant Identifier Srarc Application Identifier Fcdcral Identifier Or~~anizational Unit Police Department Name and telephone number of the person to he contacted on nuittcrs involvin<~ this application L'Hcrrou. Sharon (~61) ?-I3-7S~~ 7. TYPE OF APPLICANT Municipal 9. NAME OF FEDERAL AGENCY Bureau of Justice Assistance 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT Holiday Rohhcry Tasl: Force ?008 13. PROPOSED PROJECT 1=I. CONGRESSIONAL Start Datc: Novcmhcr ?6. ?008 DISTRICTS OF End Datc: Dcccmhcr 3 I . ?008 a. Applicant h. Project FL?? FL?3 15. ESTIMATED FUNDING 16. IS APPLICATION Fcdcral S~ 128 SUBJECT TO REVIEW BY STATE EXECUTIVE Applicant Si-I.77? ORDER 1?37? PROCESS'' State S0 PI'O<~I'~llll has not bCCn sCICetCCI Local SO by state for rcvic~ Othcr `~0 Pro<~ram In~OnIC `~0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT'? TOTAL `76.000 N 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERMNU BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. Continue MEMORANDUM TO: Mayor and City Commissioners FROM: Brian Shutt, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: June 12, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 FREQUENCY RECONFIGURATION AGREEMENT/NEXTEL ITEM BEFORE COMMISSION The attached agreement provides that Nextel shall fund the frequency reconfiguration of relocating the City's public safety communications system from its existing channels, in the 800 MHz range, to other licensed channels not located in the 800 MHz range. The total amount to be funded is $387,946.42. BACKGROUND In 2004 the FCC issued an order modifying its rules regarding the 800 MHz band to minimize harmful interference to public safety communications systems. As a result of the order, public safety communications systems shall cease (after a period of time) using channels in the 800 MHz band. The Commission had previously approved the planning phase of the reconfiguration of the City's public safety communications system in June of 2007. This agreement provides that Nextel shall pay for the actual reconfiguration of the City's public safety radio communication system. The reconfiguration shall be performed mostly by Motorola as our radio equipment is Motorola equipment. This reconfiguration, moving public safety systems out of the 800 MHz band, is occurring nationwide and Nextel is required to pay the cost of the reconfiguration and relocation of channels. Most of the funds will be used to pay Motorola, who is doing the bulk of the work, and City consultants. However, approximately $81,768 of the $387,946.42 will be paid to the City for staff time in assisting Motorola in the reconfiguration process. RECOMMENDATION Staff recommends approval. CONFIDENTIAL FREQUENCY RECONFIGURATION AGREEMENT THIS FREQUENCY RECONFIGURATION AGREEMENT (this "Agreement") is made as of this day of 2008 ("Effective Date"), by and between the City of Delray Beach, a political subdivision of the State of Florida ("Incumbent"), acting for itself and on behalf of the Cooperative (defined in Recital C, below), and Nextel South Corp. ("Nextel"), a wholly owned indirect subsidiary of Nextel Communications, Inc., a Delaware corporation (each is referred to in this Agreement as a "Party" and collectively as the "Parties"). RECITALS A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a report and order that modified its rules governing the 800 MHz band. The purpose of the order was to reconfigure the 800 MHz band to minimize harmful interference to public safety radio communications systems in the band ("Reconfiguration"). B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. The August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by the Transition Administrator pursuant to its delegated authority under the orders ("Actions"), and any supplemental FCC orders in the Reconfiguration proceeding or subsequent Actions after the date of this Agreement, are collectively referred to as the "Order." C. The South Palm Beach County Public Safety Communications Cooperative, Florida (the "Cooperative") operates a "dual license," which is covered by this Agreement, with Incumbent. WPMU878 is licensed to Incumbent, and WPXK491 is licensed to the Cooperative. By a letter dated April 3, 2007, the Cooperative authorized Incumbent to act on behalf of the Cooperative as the primary point of contact concerning WPXK491, to make disclosures, and to negotiate and execute agreements among itself, Incumbent and Nextel to reconfigure WPXK491 in accordance with the Order. A copy of the letter is attached to this Agreement as Schedule F. Incumbent shall be responsible for the Actual Costs (as that term is defined in Section 3(b)(i)) incurred in the Reconfiguration of WPXK491, including the Documentation of those Actual Costs under Section 3(b)(i). Nextel shall reimburse Incumbent or pay Vendors (defined in Section 3(b)) on behalf of Incumbent for those Actual Costs in accordance with the terms of this Agreement. D. Pursuant to the Order, Incumbent and Nextel are licensed on frequency allocations subject to Reconfiguration. E. Pursuant to the Order, Nextel will pay Incumbent an amount to effect a Reconfiguration of Incumbent's affected frequency allocations ("Reconfiguration Cost"). Incumbent will certify to the transition administrator appointed pursuant to the Order (the "Transition Administrator") that the Reconfiguration Cost is the minimum amount necessary to provide comparable facilities. FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: AGREEMENT 1. Frequencies to be Reconfigured: Incumbent is the licensee, or the representative of the licensee, under the license(s) granted by the FCC identified in Schedule A (the "Incumbent Licenses") for Page 1 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL the operation of certain 800 MHz frequencies at the locations identified on Schedule A (the "Incumbent Frequencies"). Nextel, including its subsidiaries or affiliates, is the licensee under license(s) granted by the FCC (the "Nextel Licenses") for the operation of Specialized Mobile Radio ("SMR") systems on the frequencies and at the locations identified in Schedule B (the "Replacement Frequencies"). Pursuant to the Order, Incumbent must relinquish the Incumbent Frequencies and relocate its system to the Replacement Frequencies. 2. Frequency Reconfiguration Process: (a) On or before the Closing Date (as defined below) (i) Nextel or Incumbent will cause the modification of the Incumbent Licenses to add the Replacement Frequencies or Nextel will cause the creation of a new FCC license for Incumbent that includes the Replacement Frequencies; (ii) Incumbent will assign or cause the assignment of the Incumbent Frequencies to Nextel or at Nextel's election will cause the deletion of the Incumbent Frequencies from the Incumbent Licenses following Reconfiguration of Incumbent's system; and (iii) Nextel will cause the modification and/or cancellation of the FCC licenses it holds for the operation of 800 MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet the technical short-spacing requirements of Section 90.621 (b) of the FCC's Rules, 47 C.F.R. § 90.621 (b) ("Section 90.621 (b)"), as such rule maybe amended from time to time by the FCC. (b) The Parties agree that Nextel will make the FCC assignment filings for the Replacement Frequencies on a future date to be determined by the Parties through mutual agreement, in accordance with Section 5. The Incumbent reserves the right to make its own FCC filings for the Replacement Frequencies on such mutually agreed date, rather than relying on Nextel to do so, by so notifying Nextel in accordance with the Notice provision of this Agreement.. Reconfiguration Costs: (a) Acknowledgement of Obli atg ions. Incumbent agrees that: (i) the cost estimate set forth in Schedule C (the "Cost Estimate") and the equipment set forth on Schedule D, sets forth all of the work required to reconfigure Incumbent's existing facilities to comparable facilities that will operate on the Replacement Frequencies; and (ii) after all of the work contemplated by the Cost Estimate has been performed and all Schedule D equipment provided in accordance with this Agreement, and Nextel has paid all amounts required by this Agreement, the Incumbent's reconfigured system shall be deemed for all purposes of the Order to be "comparable" to Incumbent's existing system prior to Reconfiguration, and Nextel shall be deemed to have satisfied its obligations under the Order to pay the cost of relocating Incumbent's system from the Incumbent Frequencies to the Replacement Frequencies. (b) Payment Terms. In order to facilitate the Incumbent's transition to the Replacement Frequencies, Nextel will pay the costs incurred to reconfigure Incumbent's system in an amount not to exceed the Cost Estimate. Nextel will make payments in accordance with the payment terms identified on Schedule C for both payments made directly to Incumbent and payments made on behalf of Incumbent directly to each third party vendor identified on the Cost Estimate ("Vendor"). In addition to any items on Schedule C, Motorola, Inc. ("Motorola") will be providing Incumbent the equipment specifically identified on Schedule D as "Motorola Schedule D Equipment" (the "Motorola Schedule D Equipment"). Incumbent will enter into a purchase commitment with Motorola for the Motorola Schedule D Equipment and any Motorola items listed on Schedule C within thirty (30) business days from the Effective Date. Nextel and Motorola have entered into an agreement enabling Nextel to pay for the Motorola Schedule D Equipment. Nextel will make payments directly to Motorola on behalf of Incumbent for the Motorola Page 2 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Schedule D Equipment and will make payments to Motorola as a "Vendor", as that term is used in this Agreement, for all Motorola costs identified on Schedule C. In order for Nextel to make payments to Motorola for the Motorola Schedule D Equipment, Incumbent will fax to Nextel a bill of lading associated with each shipment of Motorola Schedule D Equipment signed by an authorized representative of Incumbent acknowledging receipt of the Motorola Schedule D Equipment in good working order. Incumbent will be required to follow all Vendor related procedures identified in this Agreement for all Motorola Services and other Motorola costs identified on Schedule C. (i) Within thirty (30) days of completion of Incumbent's reconfiguration and prior to the Reconciliation Date (as defined below), Incumbent will submit to Nextel all documentation demonstrating the actual costs that Incumbent reasonably incurred or paid to other entities to reconfigure Incumbent's system ("Actual Costs"). The documentation of Actual Costs ("Documentation") required by Nextel from Incumbent may include but is not limited to the following: (A) invoices for Actual Costs that are associated with a category of work as identified on Schedule C; (B) receipts substantiating the Actual Costs including receipts for any travel expenses incurred by Incumbent such as hotel invoices, airfare receipts, etc.; (C) Incumbent's individual employee work orders, time sheets and associated general ledger records specifying the name of the person or employee performing work for Incumbent, the date work was performed, the hours worked and a description of the activity performed; (D) inventory lists and certified statements of the numbers of tasks completed for reconfiguration; (E) the applicable Exhibit B internal labor certifications. Upon receipt by Nextel of the Documentation for all Actual Costs and subject to Section 20(b), Nextel and Incumbent will reconcile the Actual Costs against the payments made by Nextel to Incumbent, Vendor(s) and Motorola (for Motorola Services and/or other Motorola costs identified on Schedule C) and the Parties will agree upon the amount of any additional payments (subject to Section 8) due to Incumbent or any refunds due to Nextel. The effective date of agreement on reconciliation of Actual Costs, Motorola Replaced Equipment (as defined in Section 19) and Nextel Replaced Equipment (as defined in Section 20) and receipt by Nextel of the Reconciliation Statement signed by Incumbent is the "Reconciliation Date". (ii) Any additional payments due to Incumbent from Nextel will be disbursed to Incumbent within thirty (30) days of the Reconciliation Date, provided the additional payments do not result from Actual Costs that exceed the Cost Estimate (in which case the provisions of Section 3(b)(iii) of this Agreement will apply). Any refunds due from the Incumbent to Nextel will be made within thirty (30) days of the Reconciliation Date. (iii) In the event Incumbent's Actual Costs exceed the Cost Estimate, Incumbent must submit a Change Notice pursuant to Section 8 of this Agreement describing the change in scope of work that resulted in Incumbent's Actual Costs exceeding the Cost Estimate. Approval of any Change Notice will not be automatic but will be processed in accordance with Section 8 of this Agreement. Additional payments due to Incumbent, Vendor(s) or Motorola (for Motorola Services and/ or other Motorola costs identified on Schedule C), which result from an excess of Actual Costs over the Cost Estimate, as agreed on the Reconciliation Date, will be disbursed to Incumbent, Vendor or Motorola (for Motorola Services and/or other Motorola costs identified on Schedule C) within thirty (30) days of execution by the Parties of the Amendment documenting the approved changes from such Change Notice. (iv) Prior to the Closing Date (as defined below), Nextel will pay on behalf of itself and Incumbent, both Parties' applicable sales and transfer taxes, if any, and all FCC fees in connection with the preparation and filing of the necessary FCC applications for the assignment(s) described in Section 2 of this Agreement. 4. Loaned Reconfiguration Equipment: If needed in order to facilitate the Incumbent's transition to the Replacement Frequencies, Nextel will loan any equipment identified in Schedule D as "Loaned Reconfiguration Equipment" and will provide any equipment identified in Schedule D as Page 3 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL "Nextel Replacement Equipment". The Loaned Reconfiguration Equipment and Nextel Replacement Equipment may be referred to collectively as the "Nextel Schedule D Equipment". Nextel will deliver any Nextel Schedule D Equipment to Incumbent in accordance with the terms on Schedule D. Incumbent will fax to Nextel a bill of lading associated with each shipment of Nextel Schedule D Equipment signed by an authorized representative of Incumbent acknowledging receipt of the Nextel Schedule D Equipment in good working order. Any Loaned Reconfiguration Equipment will be returned to Nextel, at Nextel's expense, by Incumbent prior to the Closing Date. 5. Retuning Cooperation: For purposes of this Section, the "Current Program Completion Date" shall mean June 26, 2008 or such other date as may be established by the FCC for the completion of the Reconfiguration. The Parties acknowledge that the number of frequencies and locations covered by this Agreement will require the Parties to cooperate closely in performing their respective reconfiguration activities. The Parties agree that: (i) as of the Effective Date, the Incumbent may begin the reconfiguration of its subscriber units, in accordance with the appropriate sections of Schedule C and Schedule D; (ii) Incumbent may commence such other activities associated with the reconfiguration of its system as further detailed on Schedule C as of the Effective Date; and (iii) the Parties will agree on a schedule to make the FCC filings, clear the Replacement Frequencies and decommission the Incumbent Frequencies (the "Schedule"). Depending on the timing of the adoption of this Schedule, it may require the submission of a Change Notice in accordance with Section 8 and/or an Amendment to this Agreement, but in any event the Parties agree to adopt the Schedule no later than: (i) sixty (60) days from the Effective Date of this Agreement; or (ii) pursuant to a Schedule agreed upon at a TA scheduled "Implementation Planning Session" that includes the Incumbent's system, provided the Implementation Planning Session has been scheduled by the TA prior to the expiration of 60 days from the Effective Date of this Agreement; or (iii) such other date as the FCC may require. Notwithstanding the aforementioned, in the event the completion date in the Schedule for the reconfiguration of Incumbent's system extends beyond the Current Program Completion Date, the completion date in the Schedule will be subject to FCC approval. 6. Representations and Warranties: Each Party represents and warrants to the other as follows: (a) it is duly organized, validly existing and in good standing under the laws of the state of its incorporation; (b) this Agreement has been duly authorized and approved by all required organizational action of the Party; (c) neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated by this Agreement will conflict with, or result in any material violation or default under, any term of its articles of incorporation, by-laws or other organizational documents or any agreement, mortgage, indenture, license, permit, lease, encumbrance or other instrument, judgment, decree, order, law or regulation by which it is bound; (d) it is the lawful and exclusive FCC licensee or representative of the FCC licensee of its respective license(s) described in this Agreement, such licenses are valid and in good standing with the FCC, and it has the authority to request the FCC to assign, modify or cancel such licenses, or cause the assignment, modification or cancellation of them; (e) there is no pending or threatened action or claim that would have the possible effect of enjoining or preventing the consummation of this Agreement or awarding a third party damages on account of this Agreement; and Page 4 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL (f) to the best of its knowledge, all information provided to the other Party concerning the transactions contemplated by this Agreement is true and complete. All representations and warranties made in this Agreement shall survive the Closing Date (defined below) for two (2) years. 7. Covenants: From the Effective Date until the Closing Date (defined below), each Party will promptly notify the other Party of any pending or threatened action by the FCC or any other governmental entity or third party to suspend, revoke, terminate or challenge any license described in this Agreement or to investigate the construction, operation or loading of any system authorized under such licenses. From the Effective Date until the Closing Date, Incumbent will not enter into any agreement resulting in, or otherwise cause, the encumbrance of any license for the Incumbent Frequencies, and Nextel will not enter into any agreement resulting in, or otherwise cause, the encumbrance of any of the Replacement Frequencies. 8. Changes: The Parties acknowledge that as the Reconfiguration of Incumbent's facilities proceeds in accordance with the work contemplated by the Cost Estimate, the need for changes to the scope of such work may arise. The Parties agree that their review of any such needed changes must be performed expeditiously to keep the work on schedule and that they will provide sufficient staff to manage changes. If either Party believes that a change to the work contemplated by the Cost Estimate is required (including changes by Vendors and/or Motorola), such Party will promptly notify the other Party in writing. Such written notice (the "Change Notice") shall set forth (i) a description of the scope of the change to the work contemplated by the Cost Estimate believed to be necessary and (ii) an estimate of any increase or decrease in the Cost Estimate and in the time required to reconfigure Incumbent's existing facilities to operate on the Replacement Frequencies. A Party receiving a Change Notice shall immediately perform its own analysis of the need for and scope of the change and its impact on the Cost Estimate and schedule and negotiate the change in good faith with the other Party, using commercially reasonable efforts to complete the negotiation within fourteen (14) business days. After the Parties have agreed upon a change to this Agreement, they shall prepare a proposed amendment to this Agreement pursuant to Section 24 and submit to the Transition Administrator a copy of the proposed amendment together with a written request for its approval. Such request shall be accompanied by reasonable documentation supporting the need for and scope of the change and any proposed increase or decrease in the Cost Estimate and in the time required to reconfigure Incumbent's existing facilities to operate on the Replacement Frequencies. Incumbent is responsible for all unauthorized changes necessary as it relates to work performed by a Vendor and/or Motorola on behalf of Incumbent. No change to the Cost Estimate, the work contemplated by the Cost Estimate or the time required to reconfigure Incumbent's existing facilities to operate on the Replacement Frequencies shall become effective until the Transition Administrator has approved the change in writing and both Parties have signed an amendment incorporating such approved change into this Agreement pursuant to Section 24. 9. Closing: The closing of the transactions contemplated by this Agreement will take place after (i) FCC approval of the assignment of the Incumbent Frequencies to Nextel and/or deletion of the Incumbent Frequencies from the Incumbent Licenses, (ii) FCC approval of the modification to add the Replacement Frequencies to the Incumbent Licenses or the creation of a new license for Incumbent that includes the Replacement Frequencies, (iii) notification by Incumbent to Nextel that the Incumbent Licenses are clear of all users pursuant to Section 5, (iv) delivery by Incumbent of all receipts, invoices and other documentation required to substantiate the Actual Cost and signing by Incumbent and delivery to Nextel of the Reconciliation Statement and other documents required to complete the Reconciliation similar to those identified on Exhibit B, (v) FCC approval of the modification and/or cancellation of the FCC licenses Nextel holds for the operation of 800 MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet the technical short-spacing requirements of Section 90.621 (b) of the FCC's Rules, 47 C.F.R. § 90.621(b), as such rule maybe amended from time to Page 5 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL time by the FCC, (vi) the refund to Nextel or payment to Incumbent as described in Section 3(b)(ii), (if applicable); and (vii) the satisfaction of all other conditions specified in this Agreement (the "Closing Date"). 10. Closing Conditions: Performance of each Party's Closing obligations is subject to satisfaction of the following conditions (except to the extent expressly waived in writing by the other Party): (a) the continued truth and accuracy of the other Party's representations and warranties set forth in this Agreement; (b) all of the covenants of the other Party described in this Agreement are performed in all material respects; and (c) execution and delivery by the other Party of Closing documents as well as any other Closing instruments and documents either Party or its counsel may reasonably request. Incumbent will execute and deliver to Nextel a closing certification required by the Transition Administrator ("Completion Certification"). (d) The Parties will cooperate in good faith and exercise their reasonable best efforts to finalize and execute these instruments and documents on or prior to the Closing Date in order to effect the Reconfiguration contemplated. 11. Review Rights: In order to enable the Transition Administrator to comply with its audit obligations under the Order, Incumbent agrees to maintain records and other audit-level supporting evidence related to the costs that Incumbent has expended in connection with the Reconfiguration contemplated by this Agreement and that Nextel has paid or will pay to Incumbent pursuant to this Agreement. Incumbent agrees to maintain such records and make them reasonably available to the Transition Administrator for review or reproduction until eighteen (18) months after the date of Incumbent's executed Completion Certification required by this Agreement or for a longer period if Incumbent, for its own purposes, retains such records for a longer period of time. As used in this provision, "records" includes books, documents, accounting procedures and practices and other data regardless of type and regardless of whether such items are in written form, in the form of computer data or in any other form. 12. Excluded Assets; No Assumption of Liabilities: Nothing in this Agreement should be construed as a transfer or assignment from either Party to the other Party of any assets (including FCC licenses) except as expressly set forth in this Agreement. Other than as expressly provided in this Agreement, neither Party is obligated to assign and transfer to the other any asset, tangible or intangible, nor is either Party entitled to assume any asset, tangible or intangible. Neither Party is assuming, nor is either Party responsible for, any liabilities or obligations of the other Party arising out of or in connection with the other Party's licenses (or related systems and facilities) that are the subject of this Agreement. 13. Confidentiality: The terms of this Agreement, any confidential information disclosed in connection with this Agreement (whether before or after the Effective Date, including during any negotiations or any mediation related to such negotiations or the Agreement), and any proprietary, non- public information regarding the Incumbent Frequencies, Replacement Frequencies, Nextel's business and Incumbent's business must be kept confidential by the Parties and their employees, shareholders, agents, attorneys and accountants (collectively, "Agents"), which confidentiality will survive the Closing or termination of this Agreement for a period of two (2) years. The Parties may make disclosures: (i) as required by law, including but not limited to Ch. 119 FL. Stat., (ii) to the Transition Administrator, (iii) to a manufacturer of Nextel Replacement Equipment to allow for the provisioning of that equipment to Page 6 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Incumbent (but only to the extent such disclosure specifically relates to that manufacturer's equipment as identified on Schedule D), and (iv) to a Vendor and/or Motorola (but only to the extent such disclosure specifically relates to that Vendor's work and costs under this Agreement (as identified on Schedule C) or Motorola's work and costs under this Agreement (as identified on Schedule Candor Schedule D) as required to perform obligations under this Agreement, provided, however, that each Party will cause all of its Agents to honor the provisions of this Section. Nextel, Incumbent and their respective Agents may make disclosures regarding the terms of this Agreement to other public safety licensees and their Agents. Each party involved in such disclosures shall cause all of its Agents to confine the disclosure of the terms of this Agreement to only public safety licensees and will advise the party to whom the disclosure was made, to limit further disclosure to only public safety licensees in accordance with the FCC Order, WT Docket No. 02-55, adopted January 8, 2007. 14. Cooperation: The Parties will cooperate with each other and the Transition Administrator with respect to the Reconfiguration work contemplated by this Agreement. Without limiting the foregoing obligations, the Parties agree to cooperate in the preparation of any applications required to be filed with the FCC, and Incumbent agrees to provide reasonable access to its facilities so that the Transition Administrator may comply with any audit obligations and so any Reconfiguration work contemplated by this Agreement may be performed in accordance with the Cost Estimate and performance schedule. If a Party is subject to a denial of FCC benefits for delinquent non-tax debts owed to the FCC that would prevent or delay the timely processing of any FCC applications, such Party shall cure such delinquency in an expeditious manner and at its sole expense. 15. Disputes: The Parties agree that any dispute related to the Replacement Frequencies, Nextel's obligation to pay any cost of the Reconfiguration of Incumbent's system contemplated by this Agreement, or the comparability of Incumbent's reconfigured system to Incumbent's existing system prior to Reconfiguration, which is not resolved by mutual agreement, shall be resolved in accordance with the dispute resolution provisions of the Order, as it maybe amended from time to time. Any dispute that (i) arises out of or is related to this Agreement and (ii) is within the jurisdiction of neither the Transition Administrator nor the FCC may be heard by a court of competent jurisdiction in Palm Beach County, Florida. 16. No Gratuities: No gift, gratuity, credit, thing of value or compensation of any kind shall be offered or provided by Incumbent, directly or indirectly, to any officer, employee or official of Nextel for the purpose of improperly obtaining or rewarding favorable treatment under this Agreement. 17. Liens: If any liens or security interests attach to any of Incumbent's facilities in favor of any vendor or service provider that is performing any Reconfiguration work contemplated by this Agreement as a result of Nextel's breach of any obligation to make direct payment (not in dispute) to such vendor or services provider, Nextel upon receipt of Notice from Incumbent will cooperate to remove any Liens. 18. Vendor Performance Issues: Incumbent will select and contract directly with Motorola and any vendor or service provider performing work required to reconfigure the Incumbent's existing facilities to operate on the Replacement Frequencies. Neither the Transition Administrator nor Nextel will be responsible for, or assume the risk of any failure of that Vendor or Motorola to perform its obligations under any contract entered into between Incumbent and such Vendor or Motorola in connection with the Reconfiguration contemplated by this Agreement. 19. Motorola Replaced Equipment: (a) If the reconfiguration of the Incumbent's existing facilities to operate on the Replacement Frequencies involves the replacement of any of Incumbent's existing equipment with Motorola Schedule D Equipment (as identified on Schedule D), Incumbent will promptly return the equipment replaced by Page 7 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL the Motorola Schedule D Equipment as identified on Schedule D (the "Motorola Replaced Equipment") to Motorola (shipping fees to be paid by Nextel). (b) If Incumbent has ordered field implementation services for new subscriber radios ("Motorola Subscriber Services") and Incumbent fails to return any item of the Motorola Replaced Equipment to Motorola, Incumbent must either: (i) return to Motorola those items of the Motorola Schedule D Equipment that would have replaced the Motorola Replaced Equipment not returned, in the same condition as received; or (ii) in accordance with Incumbent's mutual agreement with Motorola, Incumbent will make payment to Motorola for those items of the Motorola Schedule D Equipment that would have replaced those items of the Motorola Replaced Equipment not returned (including tax (if any) and shipping). (c) If Incumbent did not order Motorola Subscriber Services and Incumbent fails to return any item of the Motorola Replaced Equipment to Motorola, Incumbent must return to Motorola those items of the Motorola Schedule D Equipment that would have replaced the Motorola Replaced Equipment not returned, in the same condition as received, within thirty (30) days of receipt of the Motorola Schedule D Equipment. If Incumbent fails to return any item of the Motorola Replaced Equipment to Motorola under this Section 19(c) and prior to receipt of a Reconciliation Statement from Nextel Incumbent does not demonstrate to Nextel that Incumbent has made payment of the Product Typical Value (as identified on Schedule E(1)) directly to Motorola for those items of Motorola Schedule D Equipment that would have replaced the Motorola Replaced Equipment not returned, then either: (i) Nextel will deduct the Product Typical Value for those items of Motorola Schedule D Equipment provided to replace the Motorola Replaced Equipment not returned to Motorola (including tax (if any) and shipping) (the "Motorola Equipment Refund") from the final payment due to Incumbent after the Reconciliation; (ii) Incumbent must pay the Motorola Equipment Refund to Nextel prior to the Closing Date (if no final payment is due to Incumbent); or (iii) Nextel will deduct the portion of the Motorola Equipment Refund up to the value of the final payment due to Incumbent and Incumbent must pay Nextel the remaining Motorola Equipment Refund not covered by the final payment prior to the Closing Date (if the final payment due Incumbent is less than the Motorola Equipment Refund). 20. Nextel Replaced Equipment: (a) If the reconfiguration of the Incumbent's existing facilities to operate on the Replacement Frequencies involves the replacement of any of Incumbent's existing equipment with equipment provided by Nextel (as identified on Schedule D) or equipment the cost of which is being paid by Nextel pursuant to this Agreement as listed in Schedule C (collectively the "Nextel Replacement Equipment"), then (i) title to the equipment replaced by the Nextel Replacement Equipment (the "Nextel Replaced Equipment") as listed in Schedule D shall pass to Nextel at Closing free and clear of liens and any other encumbrances, and (ii) Incumbent shall execute such documentation as Nextel may reasonably request to transfer title to Nextel and shall within thirty (30) days deliver the Nextel Replaced Equipment to Nextel at Nextel's costs and pursuant to Nextel's instructions. Title to Nextel Replacement Equipment provided by Nextel will pass to Incumbent at Closing and Nextel shall execute such documentation as Incumbent may reasonably request to transfer title to Incumbent free and clear of liens. (b) If Incumbent fails to return any item of the Nextel Replaced Equipment to Nextel, Incumbent must return to Nextel those items of the Nextel Replacement Equipment that would have replaced the Nextel Replaced Equipment not returned, in the same condition as received, within thirty (30) days of receipt of the Nextel Replacement Equipment. If Incumbent fails to return any item of the Nextel Replaced Equipment to Nextel under this Section 20(b) and a Product Typical Value is set forth in Schedule E(2) for the item of Nextel Replacement Equipment then either: (i) Nextel will deduct the Product Typical Value (as set forth in Schedule E(2)) for those items of Nextel Replacement Equipment provided to replace the Nextel Replaced Equipment not returned to Nextel (including tax (if any) and Page 8 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL shipping) (the "Nextel Equipment Refund") from the final payment due to Incumbent after the Reconciliation less any Motorola Equipment Refund; (ii) Incumbent must pay Nextel the Nextel Equipment Refund prior to the Closing Date (if no final payment is due to Incumbent and in addition to any Motorola Equipment Refund payment); or (iii) Nextel will deduct the portion of the Nextel Equipment Refund up to the value of the final payment due to Incumbent less any Motorola Equipment Refund, and Incumbent must pay Nextel the remaining Nextel Equipment Refund and any Motorola Equipment Refund not covered by the final payment prior to the Closing Date (If the final payment due Incumbent is less than the Nextel Equipment Refund and any Motorola Equipment Refund). 21. Termination: This Agreement may be terminated and the transactions contemplated by this Agreement abandoned: (i) by mutual consent of the Parties provided in writing; (ii) for cause by either Party upon material breach of the other Party, following a thirty (30) day period for cure by the breaching Party following written notice of the breach or (iii) by Nextel in the event of any Adverse Decision by any governmental entity of competent jurisdiction affecting the Order. For purposes of this Agreement, an "Adverse Decision" means an order, decree, opinion, report or any other form of decision by a governmental entity of competent jurisdiction that results, in whole or part, in a stay, remand, or reversal of the Order, or otherwise in any revision to the Order that Nextel reasonably determines, in its sole discretion, to be adverse to its interests. In the event of termination, the Parties shall take all necessary action (including preparing and filing FCC documents) to return the status quo ante on the date of this Agreement. In the event of termination, Nextel shall pay to or on behalf of Incumbent all costs associated with the return to the status quo ante except if such termination was due to an uncured material breach by Incumbent. 22. Notices: All notices and other communications under this Agreement must be in writing and will be deemed given (i) the same day if delivered personally or sent by facsimile; (ii) the next business day if sent by overnight delivery via a reliable express delivery service; or (iii) after five (5) business days if sent by certified mail, return receipt requested, postage prepaid. All notices are to be delivered to the Parties at the following addresses: If to Incumbent, to: If to Nextel, to: City of Delray Beach Nextel South Corp. 200 NW 1st Ave. c/o Nextel Communications, Inc. Delray Beach, FL 33444 2001 Edmund Halley Drive Attn: Susan Ruby, Esq. Reston, VA 20191-3436 City Attorney Attn: Heather P. Brown, Esq. Phone: (561) 243-7091 Phone: (703) 433-4467 Fax: (561) 278-4755 Fax: (703) 433-4483 Email: With a copy that shall not constitute Notice: With a copy that shall not constitute Notice: David Harden Nextel Communications, Inc. City Manager 6575 The Corners Parkway 100 NW 1st Ave. Norcross, GA 30092 Delray Beach, FL 33444 Attn: William Jenkins, VP Spectrum Resources Phone: (561) 243-7010 Phone: (770) 326-7484 Fax: (561) 243-7199 Fax: (678) 405-8252 Email: Page 9 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL And a copy that shall not constitute Notice: Ila L. Feld, Esq. LEIBOWITZ & ASSOCIATES, P.A. One SE Third Avenue Suite 1450 Miami, FL 33131-1715 Phone: (305) 530-1322 Fax: (305) 530-9417 Email: IFeld@broadlaw.com 23. Assignment: This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns. Either Party may assign this Agreement to any direct or indirect subsidiary or affiliate of the Party, upon delivery of written notice to the other Party. 24. Amendments: This Agreement, including without limitation the scope of work contemplated hereby and the Estimated Cost thereof to be paid by Nextel, may be amended or modified only by a written instrument signed by authorized representatives of both Parties, provided, however, no amendment or modification to this Agreement shall become effective until approved by the Transition Administrator. 25. Benefits: This Agreement is for the benefit of the Parties and their successors and permitted assigns, and nothing in this Agreement gives or should be construed to give any legal or equitable rights under this Agreement to any person or entity, other than (i) the successors and assigns of the Parties, and (ii) the Transition Administrator as specifically provided for in this Agreement. 26. Miscellaneous: If any provision(s) of this Agreement is held in whole or part, to be invalid, void or unlawful by any administrative agency or court of competent jurisdiction, then such provision(s) will be deemed severable from the remainder of this Agreement, will in no way affect, impair or invalidate any other provision contained in the Agreement and the Parties will use their commercially reasonable efforts to amend this Agreement to make the unlawful provision compliant with applicable law so as to preserve the rights and obligations of the Parties. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement, together with its recitals, Schedules and Exhibits, constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. This Agreement is governed by the laws of the State of Florida without regard to conflicts of law principles thereof. This Agreement may be executed in one or more counterparts, including by facsimile, which will be effective as original agreements of the Parties executing the counterpart. SIGNATURE PAGE IMMEDIATELY FOLLOWS] Page 10 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL In consideration of the mutual consideration set forth herein, this Agreement is effective as a legally binding agreement between the Parties upon execution by the Parties. INCUMBENT: NEXTEL: CITY OF DELRAY BEACH, NEXTEL SOUTH CORP. a political subdivision of the state of Florida By: By: Name: Name: Title: Title: Page 11 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL SCHEDULE A Incumbent Frequencies Incumbent's Name: City of Delray Beach, FL Incumbent Assigns to Nextel: Call Sign Frequencies Licensee Location(s) # of Expiration Lat (N) Long (W) Frequencies Date WPMU873 821 0125 Delray Beach, Palm Beach 1 1/15/2014 . City of County, FL WPMU873 821.5125 Delray Beach, Palm Beach 1 1/15/2014 City of County, FL WPMU873 822.0125 Delray Beach, Palm Beach 1 1/15/2014 City of County, FL WPMU873 822.5125 Delray Beach, Palm Beach 1 1/15/2014 City of County, FL WPMU873 823 0125 Delray Beach, Palm Beach 1 1/15/2014 . City of County, FL WPMU878 866 3750 Delray Beach, Delray Beach, 1 1/15/2014 26-27-36 3 80-4-33 2 . City of FL . . WPMU878 866 5750 Delray Beach, Delray Beach, 1 1/15/2014 26-27-36 3 80-4-33 2 . City of FL . . WPMU878 866 7750 Delray Beach, Delray Beach, 1 1/15/2014 26-27-36 3 80-4-33 2 . City of FL . . WPMU878 867 0750 Delray Beach, Delray Beach, 1 1/15/2014 26-27-36 3 80-4-33 2 . City of FL . . WPMU878 867.6750 Delray Beach, Delray Beach, 1 1/15/2014 26-27-36 3 80-4-33 2 City of FL . . WPMU878 868.1500 Delray Beach, Delray Beach, 1 1/15/2014 26-27-36 3 80-4-33 2 City of FL . . WPMU878 868 6750 Delray Beach, Delray Beach, 1 1/15/2014 26-27-36 3 80-4-33 2 . City of FL . . South Palm Beach WPXK491 866 3750 County Public Safety Delray Beach, 1 4/22/2013 26-27-36 3 80-4-33 2 . Communications FL . . Cooperative South Palm Beach WPXK491 866 5750 County Public Safety Delray Beach, 1 4/22/2013 26-27-36 3 80-4-33 2 . Communications FL . . Cooperative South Palm Beach WPXK491 866 7750 County Public Safety Delray Beach, 1 4/22/2013 26-27-36 3 80-4-33 2 . Communications FL . . Cooperative South Palm Beach WPXK491 867 0750 County Public Safety Delray Beach, 1 4/22/2013 26-27-36 3 80-4-33 2 . Communications FL . . Cooperative South Palm Beach WPXK491 867 6750 County Public Safety Delray Beach, 1 4/22/2013 26-27-36 3 80-4-33 2 . Communications FL . . Cooperative South Palm Beach WPXK491 868 1500 County Public Safety Delray Beach, 1 4/22/2013 26-27-36 3 80-4-33 2 . Communications FL . . Cooperative Page 12 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Call Sign Frequencies Licensee Location(s) # of Expiration Lat (N) Long (W) Frequencies Date South Palm Beach WPXK491 868.6750 County Public Safety Delray Beach, 1 4/22/2013 26-27-36 3 80-4-33 2 Communications FL . . Cooperative Page 13 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL SCHEDULE B Replacement Frequencies Incumbent's Name: City of Delray Beach, FL Nextel Assigns to Incumbent: Replacement Lat (N) Long (W) ERP Gnd Ant. New Licensee Location(s) Frequencies (W) Elev (ft) Height (ft) 806.0125 47 Delray Beach, City of (WPMU873) Palm Beach County, FL 806.5125 47 Delray Beach, City of (WPMU873) Palm Beach County, FL 807.0125 47 Delray Beach, City of (WPMU873) Palm Beach County, FL 807.5125 47 Delray Beach, City of (WPMU873) Palm Beach County, FL 808.0125 47 Delray Beach, City of (WPMU873) Palm Beach County, FL South Palm Beach County Delray Beach, 851.3750 26-27-36.3 80-4-33.2 251 16 197 Public Safety Communications FL Cooperative (WPXK491) 851.3750 26-27-36.3 80-4-33.2 251 16 197 Delray Beach, City of (WPMU878) Delray Beach, FL South Palm Beach County Delray Beach, 851.5750 26-27-36.3 80-4-33.2 251 16 197 Public Safety Communications FL Cooperative (WPXK491) 851.5750 26-27-36.3 80-4-33.2 251 16 197 Delray Beach, City of (WPMU878) Delray Beach, FL South Palm Beach County Delray Beach, 851.7750 26-27-36.3 80-4-33.2 251 16 197 Public Safety Communications FL Cooperative (WPXK491) 851.7750 26-27-36.3 80-4-33.2 251 16 197 Delray Beach, City of (WPMU878) Delray Beach, FL 852.0750 26-27-36.3 80-4-33.2 251 16 197 Delray Beach, City of (WPMU878) Delray Beach, FL South Palm Beach County Delray Beach, 852.0750 26-27-36.3 80-4-33.2 251 16 197 Public Safety Communications FL Cooperative (WPXK491) 852.6750 26-27-36.3 80-4-33.2 251 16 197 Delray Beach, City of (WPMU878) Delray Beach, FL South Palm Beach County Delray Beach, 852.6750 26-27-36.3 80-4-33.2 251 16 197 Public Safety Communications FL Cooperative (WPXK491) 853.1500 26-27-36.3 80-4-33.2 251 16 197 Delray Beach, City of (WPMU878) Delray Beach, FL South Palm Beach County Delray Beach, 853.1500 26-27-36.3 80-4-33.2 251 16 197 Public Safety Communications FL Cooperative (WPXK491) South Palm Beach County Delray Beach, 853.6750 26-27-36.3 80-4-33.2 251 16 197 Public Safety Communications FL Cooperative (WPXK491) 853.6750 26-27-36.3 80-4-33.2 251 16 197 Delray Beach, City of (WPMU878) Delray Beach, FL Page 14 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL SCHEDULE C 800 MHZ RECONFIGURATION COST ESTIMATE -CERTIFIED REQUEST Incumbent's Name: City of Delray Beach, FL Request for Reconfiguration Funding Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests Nextel to fund the estimated reconfiguration costs included below: Incumbent Payment Terms: Nextel will pay Incumbent an amount not to exceed the Estimated Cost(s) for Incumbent with respect to each category of work, as set forth below. Nextel will pay Incumbent $40,884.36 within 15 days (30 days if Incumbent elects to be paid by check rather than electronic funds transfer) after receipt by Nextel of the fully executed Agreement and fully completed Incumbent Information Form (as set forth on Exhibit A). Nextel will pay any outstanding balance of the Actual Costs due to Incumbent within 30 days after the Reconciliation Date (as "Actual Costs" and "Reconciliation Date" are defined in Section 3(b)(i)). Vendor Payment Terms: Nextel will pay each Vendor an amount not to exceed the Estimated Cost(s) for that Vendor with respect to each category of work, as set forth below. Nextel will pay each Vendor within 30 days after receipt by Nextel of (A) an invoice from the Vendor and (B) Incumbent's approval of receipt of goods and services and approval of associated costs included on the Vendor invoice. 1. System Description: The City of Delray Beach operates a seven channel trunking voting system with a single transmit/receive site and receive only site connected to the Palm Beach County SmartZone switch. This subsystem consists of one transmit/receive site and one receiver only site. The system's transmit/receive site is located at the Delray Beach Police Department and utilizes two transmit combiners, two transmit antennas, one receive antenna, and one towertop amplifier /receive multicoupler. The system's receive only site is identified as the Hardrives Site and utilizes one receive antenna and one tower-top amplifier /receive multi-coupler. The major system elements to be reconfigured are summarized in the table below: Total In Svstem Total lncluded in F'RA Base station fre uencies 7 7 -Voice channels - Home/Control channels Re eater sites 3 3 Other sites (remote recv, BDA Subscriber units retuned Subscriber units re ro rammed Subscriber units re laced Subscriber units rebanded total 583 583 Entities o eratin on the s stem Page 15 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL 2. Reconfiguration Milestones: Reconfiguration Task Starr Date # of llays After Project Start Date for Start of Task Estimated Duration in # of Days Pro~ect Start Reconfi uration Plannin Reconfi ure Subscriber E ui ment Reconfi ure Infrastructure E ui ment S stem Acce tance 3. 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June 12, 2008 CONFIDENTIAL ~ .po'~r°'aau~. ..a...v~.~....W a r ~wwa#raNrr~arw~a+~a7#rA 1r nuaaw ~ua9a I I I ~ I I I I I I ~ I I a ara.a...~.;~rsw.~.ersrw~wra. 1~ ~rixi~a ~.ua9a I I I I I ~ I I I I I I I 1 I I v~aw.ae.c~r.srrr.x. ~~ ~rixi~a ~.ua9a I I I I I ~ I I I ~~~~~~~ ~~, r-~. r-~. I I I I I ^ I I I ~~~~ ~~ ~~~ ~~ I I I I I w l I I A lsir~ ~~Ri~~7 !ip b®R 7i 11R71~ I I I I I i I I a ~~~~~ '~ ~' ~ I I I i I a rim"'~..`xe~`~m. 'r '.u°`A` iv.iauw I I I I I ~ I I I I I I I I ^ I I I ,,,,,w,.o,tii„r~m,,..,,,,,~,r„~. ,~, ,.,sarrc ~.,,,so~ I I I ~ I 171~11pMr#na11/i~ar~M~0.i7#w. 1r awaaarrF iv.,z,~ ~ w s~de,~rL 1~ sr.~sarrc ~.u~sor I I I ~ I I W ""'M"'" "° ~""' ~"'""' I I I I I ~ I I I w s~.a.°~.wtii°w`a~'..~,~w`a.~. 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Cost Estimate: Description of Work To Be Performed Payee(separately identify Incumbent and each Vendor being paid for work erformed) Estimated Cost(s) for Incumbent and Each Vendor (Not to Exceed listed amount) L Subscriber Equipment Reconfiguration (Vendor) $126,073.20 • Replacement of Dash Mount Radios - De-install & Motorola Install for standard sedan or light/medium truck with unit installed under the dash and no obstructions or special installation requirements. (ll units @ 2.40 hrs each @ $118.00 /hr $3,115.20) • Retune Existing Mobile Radios - • Functional Pre- Test of existing radio -Talk group call on system Retune existing radio (no obstruction to retuning of radio) • Functional post test of existing radio - Ta1k group call on system (4 units @ 0.60 hrs each @ $118.00 /hr - $283.20) Page 17 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Description of Work To Be Performed Payee(separately Estimated Cost(s) for identify Incumbent and Incumbent and Each each Vendor being paid Vendor (Not to for work erformed Exceed listed amount • Retune Existing Mobile Radios - • Functional Pre- Test of existing radio -Talk group call on system Flash existing radio with Rebanding software Load programming template into existing radio (no obstruction to programming port of radio and radio is to be flashed and programmed in the vehicle (62 units @ 0.90 hrs each @ $118.00 /hr $6,584.40) • Portable Radios -Retune Existing Portable (3 units @ 0.50 hrs each @ $118.00 /hr - $177.00) • Portable Radios -Flashing and Retuning of Existing Portable Radio (215.6hrs @ $118.00 /hr $25,440.80) • Portable Radios - Replacement of Existing Portable Radio (195 units @ 0.50 hrs each @ $118.00 /hr - $11,505.00) • Radio Templates (Masks) -Modify Radio Templates (Masks) for Replaced Units (24hrs @ $118.00 /hr - $2,832.00) • Radio Templates (Masks) -Modify Radio Templates (Masks) for Flashed Units (85hrs @ $118.00 /hr - $10,030.00) • Other -Second programming of subscribers (remove old fregs.) Mobiles (77 units @ 0.60 hrs each @ $118.00 /hr - $5,451.60) • Other -Second programming of subscribers (remove old fregs.) Portables (506 units @ 0.50 hrs each @ $118.00 /hr - $29,854.00) • PM -Project Manager on Site Supervision & Coordination (176hrs @ $175.00 /hr $30,800.00) • City PM -Create/Modify Templates - (Incumbent) $69,970.40 Change/Add Frequencies, Modify Interoperability Delray Beach (4hrs @ $40.64 /hr - $162.56) • City User -Reprogramming -First Pass (Retune or Reprogram) Mobiles -User(s) to bring in radios (79.2hrs @ $50.73 /hr - $4,017.82) • City User -Reprogramming -First Pass (Retune or Reprogram) Portables -User(s) to bring in radios (506hrs @ $50.73 /hr - $25,669.38) Page 18 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Description of Work To Be Performed Payee(separately Estimated Cost(s) for identify Incumbent and Incumbent and Each each Vendor being paid Vendor (Not to for work erformed Exceed listed amount • City User -Replacement -First Pass (Dash Mount Mobile Removal & Installation) -User(s) to bring in radios (26.4hrs @ $50.73 /hr - $1,339.27) • City User -Reprogramming -Second Pass - Mobiles -User(s) to bring in radios (92.4hrs @ $50.73 /hr - $4,687.45) • City User -Reprogramming -Second Pass - Portables -User(s) to bring in radios (506hrs @ $50.73 /hr - $25,669.38) • City User -Training -Train the Trainer - Subscriber -Train the Trainer Training (15hrs @ $50.73 /hr - $760.95) • City User -Training -End User Training - Subscriber -End User Training (103hrs @ $50.73 /hr - $5,225.19) • City PM -Project Manager -Coordinate user schedule, setup training facility (60hrs @ $40.64 /hr - $2,438.40) • SC -Template Review -Review Template (Vendor) $660.00 frequency (4hrs @ $165.00 /hr - $660.00) RCC IL Infrastructure Equipment Reconfiguration (Vendor) $20,737.50 a. Infrastructure Equipment Reconfiguration Services Motorola • Controllers (3) (12.Shrs @ $175.00 /hr $2,187.50) • Repeaters (7) (8hrs @ $175.00 /hr - $1,400.00) • Combiners & Duplexer (Antenna System) (llhrs @ $175.00 /hr - $1,925.00) • Zone Manager (8hrs @ $175.00 /hr - $1,400.00) • Controllers (2hrs @ $175.00 /hr - $350.00) • Repeaters (7hrs @ $175.00 /hr - $1,225.00) • MSS -System Watch (8hrs @ $175.00 /hr $1,400.00) • PM -Project Manager (20hrs @ $175.00 /hr $3,500.00) • SE -System Engineer (16hrs @ $175.00 /hr $2,800.00) • ST -System Technologist (24hrs @ $175.00 /hr $4,200.00) Page 19 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Description of Work To Be Performed Payee(separately Estimated Cost(s) for identify Incumbent and Incumbent and Each each Vendor being paid Vendor (Not to for work erformed Exceed listed amount • MSS -Bidirectional Amplifier (2hrs @ $175.00 /hr - $350.00) • City PM -Training -System Watch -System (Incumbent) $1, 869.44 Watch Administrator Training (6hrs @ $40.64 /hr Delray Beach $243.84) • City PM -Project Manager -Coordinate outages, setup training facility (40hrs @ $40.64 /hr $1,625.60) • SC - Retune/Reconfigure Trunked Channels - 1 (Vendor) $4,283.25 SC - 1 trip for 3 days (20hrs @ $165.00 /hr - RCC $3,300.00) • Travel Expenses (1 @ $983.25 /unit - $983.25) b. Infrastructure Equipment Reconfiguration (Vendor) $20,219.00 Equipment/Software: Motorola • PC Anywhere 11.5 Client -Model No:L3479 (1 @ $168.00 /Each) • Hummingbird Exceed 8.0 -Model No:DDN8172 (1 @ $717.00 /Each) • Crystal Reports 11.0 -Model No:DDN8673 (1 @ $635.00 /Each) • RocketPort PCI DB25 Male -Model No:DS990970 (1 @ $370.00 /Each) • Certified XP Workstation for SWII -Model No:DDN9157 (1 @ $2,907.00 /Each) • SWII on XP Software Upgrade Application - Model No:T7143 (1 @ $800.00 /Each) • 6809 28 Ch Controller Code Plug -Model No:UOST-0001 (3 @ $1,298.00 /Each) • CSC Software -Model No:UOST-0004 (4 @ $1,509.00 /Each) • TSC Software -Model No:UOST-0008 (3 @ $481.00 /Each) • Simulcast DCB Software -Model No:UOST-0010 (3 @ $602.00 /Each) • ReSC SmartZone Software -Model No:UOST- 0014 (3 @ $481.00 /Each) Page 20 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Description of Work To Be Performed Payee(separately Estimated Cost(s) for identify Incumbent and Incumbent and Each each Vendor being paid Vendor (Not to for work erformed Exceed listed amount III. Engineering and Verification (Vendor) $14,350.00 • ST -Pre Rebanding Benchmark Testing (12.Shrs Motorola @ $175.00 /hr - $2,187.50) • ST -Post Rebanding Acceptance Testing (12.Shrs @ $175.00 /hr - $2,187.50) • ST -Functional Testing (Shrs @ $175.00 /hr $875.00) • PM -Project Manager (lOhrs @ $175.00 /hr $1,750.00) • SE -System Engineer (12hrs @ $175.00 /hr $2,100.00) • ST -System Technologist (30hrs @ $175.00 /hr $5,250.00) • City PM -Acceptance Testing -System Watch (Incumbent) Delray Beach $812.80 and System acceptance testing (12hrs @ $40.64 /hr - $487.68) • City PM -Project Manager -Coordinate testing, gather and submit results (8hrs @ $40.64 /hr $325.12) • SC -Method 1 Comparability Assessment - (Vendor) $5,728.75 Assess pre and post method 1 data (4hrs @ RCC $165.00 /hr - $660.00) • SC -Functional Acceptance Testing -Functional testing of system and System Watch (18hrs @ $165.00 /hr - $2,970.00) • Travel Expenses (1 @ $2,098.75 /unit $2,098.75) IV. Professional Services (Vendor) $79,438.00 • PM -Project Manager (168hrs @ $175.00 /hr - Motorola $29,400.00) • SE -System Engineer (96hrs @ $175.00 /hr $16, 800.00) • ST -System Technologist (72hrs @ $175.00 /hr $12,600.00) • TE -Travel Expenses (1 @ $20,638.00 /unit $20,638.00) Page 21 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Description of Work To Be Performed Payee(separately Estimated Cost(s) for identify Incumbent and Incumbent and Each each Vendor being paid Vendor (Not to for work erformed Exceed listed amount • City PM -Project Management -Weekly Status (Incumbent) Delray Beach $9,116.08 Reviews/Overall PM Support (80hrs @ $40.64 /hr $3,251.20) • City PM - FRA Preparation (16hrs @ $40.64 /hr $650.24) • City PM - FRA Negotiation (40hrs @ $40.64 /hr $1,625.60) • City Attorney - FRA Preparation (16hrs @ $64.09 /hr - $1,025.44) • City Attorney - FRA Negotiation (40hrs @ $64.09 /hr - $2,563.60) • PM -Project Management - 1 PM - 1 trips for 1 (Vendor) $20,675.50 days each, Weekly Status Reviews (40hrs @ RCC $200.00 /hr - $8,000.00) • SC - FRA Preparation -Proposal Review, Final Planning, SOW Preparation, FRA Finalization (16hrs @ $165.00 /hr - $2,640.00) • PM - FRA Negotiation - FRA Negotiation - 1 PM - 1 trip for 1 day (40hrs @ $200.00 /hr $8,000.00) • Travel Expenses (1 @ $2,035.50 /unit $2,035.50) V Contracts and Legal (Vendor) $16,500.00 • Leibowitz & Assoc. -Estimated Legal Fees (SOhrs Leibowitz & Assoc. @ $325.00 /hr - $16,250.00) • Expenses: $250.00 Delray Beach Incumbent $81,768.72 Motorola Vendor $260, 817.70 RCC Vendor $31,347.50 Leibowitz & Assoc. Vendor $16,500.00 Total Estimated Costs $390,433.92 Page 22 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Certification Pursuant to the Order, Incumbent hereby certifies to the Transition Administrator appointed pursuant to the Order that the funds requested above are the minimum necessary to provide Incumbent reconfigured facilities comparable to those presently in use in a manner that is reasonable, prudent and timely. Incumbent further certifies, to the best of Incumbent's knowledge, that any Vendor costs identified on the Schedule C are comparable to costs previously charged by each such Vendor to Incumbent. Signature: Print Name: Title: Phone Number: E-mail Date: Page 23 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL SCHEDULE D 1) Loaned Reconfiguration Equipment (provided by Nextel) Quantity Manufacturer Description Model Number New/Used 2 CMC Directional Coupler (N Connector) CMC441268N Used 2) Reserved 3) Replaced Equipment (to be delivered to Nextel prior to Closing) Quantity Manufacturer Description Model Number 1 Workstation for SWII 4 CSC Software UOST-0004 3 TSC Software UOST-0008 3 Simulcast DCB Software UOST-0010 3 ReSC SmartZone Software UOST-0014 4) Motorola Schedule D Equipment (to be provided by Motorola) -Motorola radios and flash-kits and accessories only a) Motorola Subscriber Services will be provided for the following Motorola Schedule D Equipment Quantity Description Radio Software Encryption Model Number 195 XTS2500 RB III Portable Radio Kit SmartZone XTS2500 RB III 11 XTL2500 RB Mobile Radio Kit SmartZone XTL2500 RB b) Motorola Subscriber Services will not be provided for the following Motorola Schedule D Equipment Radio Quantity Description Encryption Model Number Software 370 F1ashKit SmartNet F1ashKit 5) Motorola Replaced Equipment (to be delivered to Motorola within 30 days of receipt of Motorola Schedule D Equipment) Quantity Description Radio Encryption Mounting Model Software Number 195 LTS2000 Portable Radio (each with antenna SmartZone LTS2000 and at least one battery) 11 LCS2000 Mobile Radio (each with control SmartZone Dash LCS2000 head and mic) Page 24 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL SCHEDULE E Product Typical Values (1) Motorola Equipment tem Rebanding Product Typical Value (% are discount off list price) Mobile, Hi h S ec (XTL2500 RB) $ 2,050 Accessories & O tions SmartZone O eration $ 162 Digital Operation $ 234 Siren $ 637 Consollette Power Kit $ 500 Consollette Tone Remote $ 475 DTMF Micro hone $ 180 DEK $ 475 Extra Loud S eaker $ 106 Dual Control Head $ 575 Dual Control Head Mic $ 80 Dual Control Head Cable $ 95 Dual Control Head S eaker $ 60 Multi-Radio SW Kit $ 750 Multi-Radio HW Kit $ 1,750 Emer enc foot edal $ 55 AUXILIARY SWITCH PANEL $ 165 Mobile UCM $ 750 Ke Lock Mountin $ 40 tem Rebanding Product Typical Value (% are discount off list rice Mobile, Low S ec (XTL1500 RB) $ 1,516 Accessories & O tions SmartZone O eration $ 58 Di ital O eration $ 72 Extra Loud S eaker $ 106 Emer enc foot edal $ 55 AUXILIARY SWITCH PANEL $ 165 Key Lock Mounting $ 40 Page 25 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL tem Rebanding Product Typical Value (% are discount off list rice Mobile (XTL5000) 18% Accessories & Options XTL5000 O tions 18% Motorc cle Mountin $ 400 Motorc cle Housin $ 900 Item Rebanding Product Typical Value Portable, Hi h S ec (XTS2500 III RBj $ 2,375.00 Accessories & O tions SmartZone O eration $ 200 Di ital O eration $ 400 U rade Both Kit Batteries to HICAP $ 140 S are Batter HICAP $ 145 Portable Cables $ 251 Carr Case $ 60 Char er $ 165 PSM $ 150 RF Switch $ 140 RSM $ 97 Headset $ 439 Pro rammin Software $ 265 Vehicular Char er $ 95 Portable UCM $ 750 Multi-unit Char er $ 788 Item Rebanding Product T ical Value Portable.. Low S ec (XTS1500 I RB) $ 1,120 Accessories & O tions SmartZone O eration $ 150 Di ital O eration $ 130 U rade Both Kit Batteries to HICAP $ 140 S are Batter HICAP $ 145 Portable Cables $ 251 Carr Case $ 60 Char er $ 165 RSM $ 97 Headset $ 439 Pro rammin Software $ 265 Vehicular Char er $ 95 Multi-unit Char er $ 788 Page 26 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Rebanding Product Typical Value (% are discount off list Item rice Accessories & O tions All accessories not listed above 5% (2) Nextel Replacement Equipment The Product Typical Values for Nextel Replacement Equipment shall be: a. for Nextel Replacement Equipment set forth on Schedule C, the cost shown on Schedule C for the item of Nextel Replacement Equipment; or b. for Nextel Replacement Equipment comprising [[EFJohnson 5100 & 5300]] series radios and associated accessories, the most recent list price as of the date a reconciliation statement is sent to Incumbent by Nextel, less [[25%]]. Page 27 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL SCHEDULE F Letter of Authority by South Palm Beach County Public Safety Communications Cooperative in Favor of the City of Delray Beach ~~ ~I SAM $~~ ~~lifk~ ~ [~ ~OtCalll~lpC9Clb~ ~:Oaprrra~w~ Flodi~~ {"~E4'@`~ ~CI~~'C@11i6 i ~~ S~R9$" ~ ~~' Of . ~~QfhdB It~'~ ~QG doe Fria ~~~#~ bar ~h~ C~Igr' y paidia s~srr~ ~b'.t~.'f ~ is licci~sixi m the ~~'~' ~ v~+P?C~L~~ f i~ ]ioe~rt! t~ rthe ~iie~r~ lire ~~pa~x+o h+eneb5rautlEC~esihe arty [o as as #~ p•i~~ poia[oto~rueca fir ~l+P}Cf€~i~l are 6rk~1f ~r~foa Coo'p~+~~ m m~i~ e•}l eaay repeiuns rear ttrt Cooporeti~+r'~ ~d~ MT~x s}r3~n ~dh VkrR}C'~G4~ I. i~tudib~ Ike di~6~t mat x,11 si~ytr`, ~ntd r~ a xred e~capr~ ~e [~.e~ey a}lre~le~ bttt+~o11l1~fi~,1h~~i~[+~+,~ T+iomc~. Ieic,L~ i~ rcla~esto'll1r~]LI, ~cs~t~ slur '" A+~la Ord~e~' ~SUe~ by lr~e Fa3are3 Cortr[~unica~ra ~oxnmi~i~, I~ I kad 1~9fr'P~~. ~ e~~'reoded kxy Em~trm. +.~OOnd T~'~ttm. q4 F~~ lied d4~41 ~+QU~~, publoc w+Lat3t~, i~ R~d$ E ~~• ueb ~Bceah ~ Pab,11c SsPe~+ ~oTO:l~u~~-ti~ apeawtiti+e ~+y~ ~_.~ Tide I -~ ~~ - ~" -- --.'.'1 Ptivue +~~~~~~ Liade Page 28 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Exhibit Al Incumbent Information The following questions are required for processing Electronic Funds Transfers and if Incumbent wants Nextel to complete the FCC filings on its behalf. All information contained herein shall be kept strictly confidential and will be used only in completion of the Frequency Reconfiguration transaction. I. INCUMBENT INFORMATION Please provide the following information: Company/Name: City of Delray Beach, Florida Contact: Address: City/State/Zip: Phone: Email: Title: Fax: Check Appropriate Box: ^ IndividuaUSole Proprietor ^ Corporation ^ Partnership X Other: Governmental entity II. BANK ACCOUNT INFORMATION (Required for payment processing.) Please select preferred payment method: ^ Wire Transfer ^ACH ^ Check Name of Bank: Address of Bank: City/State/Zip: Bank Phone #: ABA (Routing #): Account #: Name on Account: Federal, State or Individual SS #: Name of Brokerage Firm (if applicable): Brokerage Account # (if applicable): In the event Incumbent will not provide information for Wire Transfer or ACH, Incumbent acknowledges that all payments will be made by check. Acknowledged by Incumbent: (signature required only if Incumbent does not want an electronic funds transfer) Page 29 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL III. TAX INFORMATION The Internal Revenue Service and state tax authorities require Nextel to report all transactions, even if the transaction is exempt from taxation (if so, it will be reported to the IRS as a like-kind exchange). Therefore, it is necessary for Nextel to collect the information below. If you have specific questions about your tax implications in this transaction, you should consult your own accountant or financial advisor. Incumbent's Federal or Individual Tax ID #, FEIN (Federal) or SSN (individuals): State(s) -sales tax license, resale permit, employment, etc.): Local (if applicable): Current State and County location for your principal executive office: If there has been more than one location for the principal executive office within the past five (5) years, list each such City/County/State location: IV. FINANCIAL RECONCILIATION CONTACT INFORMATION (indicate one) A. Check here if same as indicated in Item I above B. Fill in below if different from Item I above as follows: Financial Contact Name: Title: Address: City/State/Zip: Phone: Email: Fax: City of Delray Beach, FL Final -Rev. June 12, 2008 Page 30 of 36 CONFIDENTIAL V. REGULATORY INFORMATION Would you like Nextel's Regulatory department to prepare and file all necessary FCC paperwork on your behalf? Yes / No If yes, please provide the following Universal Licensing System ("ULS") information for your licenses: FRN (FCC Registration Number): ULS PASSWORD: Contact Representative for any FCC related issues: Name Phone Number: City: State/Zip: Phone Number: Email Address: I hereby acknowledge that all of the information provided herein is true and correct as of the date signed below. Incumbent Signature: Print Name: Title: Date: City of Delray Beach, FL Final -Rev. June 12, 2008 If y10, please provide the following information regarding who will take care of the preparation and filing of all necessary FCC paperwork on your behalf: Contact Name: Organization: Address: Page 31 of 36 CONFIDENTIAL Exhibit A2 Incumbent Information The following questions are required for processing Electronic Funds Transfers and if Incumbent wants Nextel to complete the FCC filings on its behalf. All information contained herein shall be kept strictly confidential and will be used only in completion of the Frequency Reconfiguration transaction. I. INCUMBENT INFORMATION Please provide the following information: Company/Name: South Palm Beach County Public Safety Communications Cooperative Contact: Address: City/State/Zip: Phone: Email: Title: Fax: Check Appropriate Box: ^ IndividuaUSole Proprietor ^ Corporation ^ Partnership ^ Other II. BANK ACCOUNT INFORMATION (Required for payment processing.) Please select preferred payment method: ^ Wire Transfer ^ACH ^ Check Name of Bank: Address of Bank: City/State/Zip: Bank Phone #: ABA (Routing #): Account #: Name on Account: Federal, State or Individual SS #: Name of Brokerage Firm (if applicable): Brokerage Account # (if applicable): In the event Incumbent will not provide information for Wire Transfer or ACH, Incumbent acknowledges that all payments will be made by check. Acknowledged by Incumbent: (signature required only if Incumbent does not want an electronic funds transfer) Page 32 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL III. TAX INFORMATION The Internal Revenue Service and state tax authorities require Nextel to report all transactions, even if the transaction is exempt from taxation (if so, it will be reported to the IRS as a like-kind exchange). Therefore, it is necessary for Nextel to collect the information below. If you have specific questions about your tax implications in this transaction, you should consult your own accountant or financial advisor. Incumbent's Federal or Individual Tax ID #, FEIN (Federal) or SSN (individuals): State(s) -sales tax license, resale permit, employment, etc.): Local (if applicable): Current State and County location for your principal executive office: If there has been more than one location for the principal executive office within the past five (5) years, list each such City/County/State location: IV. FINANCIAL RECONCILIATION CONTACT INFORMATION (indicate one) A. Check here if same as indicated in Item I above B. Fill in below if different from Item I above as follows: Financial Contact Name: Title: Address: City/State/Zip: Phone: Email: Fax: City of Delray Beach, FL Final -Rev. June 12, 2008 Page 33 of 36 CONFIDENTIAL V. REGULATORY INFORMATION Would you like Nextel's Regulatory department to prepare and file all necessary FCC paperwork on your behalf? Yes / No If yes, please provide the following Universal Licensing System ("ULS") information for your licenses: FRN (FCC Registration Number): ULS PASSWORD: Contact Representative for any FCC related issues: Name Phone Number: City: State/Zip: Phone Number: Email Address: I hereby acknowledge that all of the information provided herein is true and correct as of the date signed below. Incumbent Signature: Print Name: Title: Date: City of Delray Beach, FL Final -Rev. June 12, 2008 If y10, please provide the following information regarding who will take care of the preparation and filing of all necessary FCC paperwork on your behalf: Contact Name: Organization: Address: Page 34 of 36 CONFIDENTIAL EXHIBIT B Reconciliation Documentation Certification of Labor Incumbent hereby certifies that the internal labor information provided under the Agreement is true and complete to the best of Incumbent's knowledge. Incumbent further certifies that the the number of planning and reconfiguration tasks that the Incumbent performed using internal labor for each labor category on the TA-approved Cost Estimate (as that term is defined in the Agreement) ("Units") and/or the number of internal labor hours incurred in performing planning and reconfiguration tasks for each labor category on the TA-approved Cost Estimate ("Hours") were for 800 MHz Reconfiguration and have been documented in accordance with the TA's policy on Incumbent Labor at httP://www.800ta.org/content/PDF/policy/IncumbentLaborRatePolicy_pdf as of the date of this statement. Incumbent acknowledges that the reconciliation documentation and related supporting records for the Agreement are subject to the TA's Review Rights (as that term is defined in the Agreement). Incumbent Name: Signature: Name: Title: Date: Page 35 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 CONFIDENTIAL Time Sheet Documentation DEAL ID DEAL NAME Name Descri tion of Activities Actual Hours Worked Actual Hourly Rate $ Benefit Load $ (if a licable Total Cost $ Total Certification Incumbent hereby certifies that the internal labor information provided under the Agreement is true and complete to the best of Incumbent's knowledge. Incumbent further certifies that the the number of planning and reconfiguration tasks that the Incumbent performed using internal labor for each labor category on the TA-approved Cost Estimate (as that term is defined in the Agreement) ** TO be ("Units") and/or the number of internal labor hours incurred in performing planning and Completed In reconfiguration tasks for each labor category on the TA-approved Cost Estimate ("Hours") were for I leu Of 800 MHz Reconfiguration and have been documented in accordance with the TA's policy on Incumbent I n C u m be nt Labor at http://www.800ta.org/content/PDF/policy/IncumbentLaborRatePolic~pdf as of the date of this statement. Incumbent acknowledges that the reconciliation documentation and related supporting InvOICe AND records for the Agreement are subject to the TA's Review Rights (as that term is defined in the CertlflCatlOn Agreement). of Labor Rates. Incumbent Name: Signature: Name: Title: Date: Page 36 of 36 City of Delray Beach, FL Final -Rev. June 12, 2008 Exhibit C City of Delray Beach, Florida Motorola SOW and Costs April 14, 2008 (Revised Reconfiguration Quotation per Customer Request) Katie J. Hartman City of Delray Beach 300 West Atlantic Avenue. Delray Beach, FL 33444 Dear Ms. Hartman, Motorola is pleased to present this proposal for reconfiguration services required to modify your radio system to comply with the Federal Communication Commission's Rebanding Report & Order. The FCC mandates that City of Delray Beach move their 800MHz System frequencies as part of an overall effort by the FCC to reduce interference in the 800MHz band. Motorola will work closely with City of Delray Beach to ensure that we have a complete understanding of your current operational needs and that these are kept at the forefront during planning and while reconfiguring your operational communication system. We will provide a complete evaluation of your system to insure a successful reconfiguration. These considerations are incorporated into the attached rebanding quotation. Our proposal was developed for your 800 MHz communication system based on our understanding of your existing equipment inventory and system configuration. Any variance to this inventory information which results in modifications to the scope of work or schedule will be addressed via a change order. Motorola will commence this reconfiguration effort for the City of Delray Beach system once this proposal is agreed to by Nextel and the rebanding Transition Administrator. As outlined in the guidelines of the Transition Administrator, the attached Statement of Work and accompanying price page should be included with your request for reconfiguration funding forms and faxed to Transition Administrator at 888-701-4380 or via e-mail at Comments(a~800TA.or~. If you have any questions regarding this proposal, please contact your Motorola Rebanding Strategist, Howard Ramey at 404-862- 4239 or your Motorola Account Manager, Troy Hines at 954-723-8912. Regards, .Cee .lVlacc~.raavcd Lee Maynard Motorola Rebanding Lead -Systems Integration Motorola, Inc., Networks & Enterprise 1301 E. Algonquin Road, Schaumburg, IL 60196 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work ir~te~{fger~~e ~+~~r~rhere~ City of Delray Beach, FL Seven Channel, Single Transmit/Two Receives Sites, T~unking Voting System Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 04/14/2008 Page 22 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Table of Contents 1.0 Introduction 2.0 System Description 3.0 Intermodulation Study (IM) 4.0 System Inventory and Suitability Assessment 5.0 Inte~ope~ability 6.0 Implementation Plan fog System Reconfiguration 7.0 Motorola Professional Services 8.0 Local Service Support 9.0 Notification and Conditions fog Work 10.0 Licensing 11.0 Risks 12.0 Mediation 13.0 System Acceptance 14.0 Reconfiguration Pricing Attachments Version. 4.6 Rev. 04/14/2008 Page 23 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work L O INTRODUCTION This document provides the deliverables as described in the Reconfiguration Planning Statement of Work as well as the proposal to reconfigure the City of Delray Beach radio communications system. 2.O SYSTEMDESCRIPTION The City of Delray Beach operates a seven channel trunking voting system with a single transmit/receive site and receive only site connected to the Palm Beach County SmartZone switch. This subsystem consists of one transmit/receive site and one receiver only site. The system's transmit/receive site is located at the Delray Beach Police Department and utilizes two transmit combiners, two transmit antennas, one receive antenna, and one towertop amplifier / receive multicoupler. The system's receive only site is identified as the Hardrives Site and utilizes one receive antenna and one tower-top amplifier /receive multi-coupler. The Palm Beach County SmartZone Controller must be rebanded before the Delray Beach infrastructure can be rebanded. The rebanding of the Palm Beach County SmartZone Controller is in a separate FRA proposal and is not part of this proposal. The network management system consists of one System Watch II terminal and a Zone Manager client. The City of Delray Beach has one Gold Elite dispatch center located at the Delray Beach Police Department. The dispatch center has four Gold Elite operator positions. These consoles will not be affected by rebanding; therefore no provisions for the reconfiguration of these consoles are included in this proposal. A single Bidirectional Amplifier is being installed in the Delray Medical Center. There are 506 portable radios and 77 mobile radios affiliated with the system. ASSUMPTIONS This quotation to provide rebanding services to the City of Delray Beach is based upon information supplied by the City of Delray Beach or those authorized to act on its behalf. Motorola deems this information credible, accurate and current. Any missing information should be provided to Motorola as soon as possible. Any unconfirmed information should be validated as soon as possible. Inaccurate information could alter or modify the terms of this quotation. Motorola understands that the City of Delray Beach will negotiate directly with Sprint-Nextel for any parts inventory items stocked by the City of Delray Beach and its representatives used to maintain their system. Therefore, these items have not been included as part of this proposal. Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 04/14/2008 Page 24 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work FREQUENCIES As provided by the City of Delray Beach, the following table(s) lists the original transmit and receive (TX/RX) frequencies in MHz, and the corresponding post rebanding frequencies as assigned to the customer, listed by site (as they appear in the control channel list): Trunking Frequencies Delra Beach Police De artment Original After re-banding Channel # Transmit frequency, MHz Receive frequency, MHz Transmit frequency, MHz Receive frequency, MHz 1 868.1500 823.1500 853.1500 808.1500 2 867.6750 822.6750 852.6750 807.6750 3 867.0750 822.0750 852.0750 807.0750 4 866.7750 821.7750 851.7750 806.7750 5 866.3750* 821.3750 851.3750** 806.3750 6 868.6750 823.6750 853.6750 808.6750 7 866.5750 821.5750 851.5750 806.5750 Notes: Those frequencies impacted by rebanding are marked in bold. Base Station Identifier pre-rebanding -this is not a control channel. Base Station Identifier post rebanding -will not cause a change in the control channel list. Trunking Frequencies Hardrives Site Original After re-banding Channel # Transmit frequency, MHz Receive frequency, MHz Transmit frequency, MHz Receive frequency, MHz 1 N/A 823.1500 N/A 808.1500 2 N/A 822.6750 N/A 807.6750 3 N/A 822.0750 N/A 807.0750 4 N/A 821.7750 N/A 806.7750 5 N/A 821.3750 N/A 806.3750 6 N/A 823.6750 N/A 808.6750 7 N/A 821.5750 N/A 806.5750 Notes: Those frequencies impacted by rebanding are marked in bold. FIXED NETWORK EQUIPMENT Motorola collected detail on the fixed network equipment. Highlights of the inventory gathered at each site are as follows: Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 04/14/2008 Page 25 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Delray Beach Police Department Main Central Controller Alternate Central Controller Remote Controller Repeater Model Transmit Combiner #1 Transmit Combiner #2 Transmit Antenna #1 Transmit Antenna #2 Receive Antenna Tower Top Amplifier Receive Multicoupler Hardrives Site Remote Controller Receiver Model #1 Receiver Model #2 Tower Top Amplifier Receive Multicoupler Receive Antenna Delray Medical Center Bidirectional Amplifier SmartNet II Plus 6809 SmartNet II Plus 6809 SmartNet II Plus 6809 Quantar Non-IR T5365A Celwave WIJD860-SS Celwave WIJD860-45 Celwave BMR10-H-Bl Celwave BMR10-H-Bl Celwave BMR12-0 Celwave TDF7816A Celwave TDF7816A SmartNet II Plus 6809 Quantar Non-IR T5365A ASTRO-TAC T5589A Celwave TDF7816A Celwave TDF7816A Celwave BMR12-0 Bird Technologies 62-90A-A03-03-G3-RB 3.O INTERMODULATIONSTUDY (IM) Intermodulation (IM) products are generated whenever two or more transmit frequencies mix together. If there is more than one transmitting frequency at a site, an IM analysis is necessary to check for possible IM interference problems. This IM study has been performed to predict IM products that could be generated as a specific result of adding the newly proposed frequencies as listed in the Transition Administrators Frequency Proposal Report (FPR), to the existing sites. Please see the complete Intermodulation Study; Attachment A. 4.O SYSTEMINi~ENTORYAND SUITABILITYASSESSMENT Motorola completed detailed audits of the customer's system inventory and a Suitability Assessment Impact Report (SAIR) has been produced based on that data collection. The proposed rebanding operation is based on specific impacts anticipated for this system and all of its components. Specifically the report indicates whether each of these system components may be easily retuned, whether they first require reprogramming to allow retuning, or whether they must be replaced to accomplish the migration to the new frequencies prescribed in the FCC order. Please review the Suitability Assessment Impact Report; Attachment B. S. O INTEROPERABILITY The City of Delray Beach has indicated interoperability requirements with Palm Beach County, the City of Boca Raton and the City of Boynton Beach for this trunked radio system. In addition, Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 04/14/2008 Page 26 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work the City of Delray Beach has talkgroups from Palm Beach County, the City of Boca Raton and the City of Boynton Beach programmed into its radios. If Palm Beach County, the City of Boca Raton and the City of Boynton Beach system are not rebanded with or before that of the City of Delray Beach, then an additional reprogramming may be required. The cost of this additional programming has not been included in this proposal. 6.O IMPLEMENTATIONPLANFOR SYSTEMRECONFIGURATION The following information provides an overview of how the City of Delray Beach system rebanding plan will be implemented and how those activities will impact the fixed network equipment and subscriber units. Additional details may also be found in Attachment B. Motorola has produced Baseline and Acceptance Test Plans to demonstrate comparable operation before and after reconfiguration. Please see the attached Functional Acceptance Test Plan and RF Performance Verification Plan; Attachments C and D. Motorola has also produced a Reconfiguration Design consisting of Method of Procedures (MOP). Motorola developed the MOP which details the process steps, timeline, measurable deliverables, resources needed and cutover steps. The MOP also includes the Cut-over and Fall- back Plan outlining the transition from the current frequencies to the new ones. The Cut-over and Fall-back plans ensure consistent operation of all system functionality throughout the rebanding reconfiguration. Please see Attachment E. IMPACT ON SUBSCRIBERS Motorola has carefully analyzed the Subscriber and Fixed Network Equipment (F`NE) inventory data. The Suitability Assessment results dictate the following actions be taken with regard to subscribers: Subscribers lnrpact Subscriber 11~lodcl 1ctiun Qty Replacement Radio ASTRO Spectra Reprogram 43 N/A ASTRO Spectra Consolette Reprogram 12 N/A MCS2000 Reprogram 7 N/A MTS2000 Reprogram N/A XTS2500 Reprogram N/A XTS3000 Reprogram N/A XTS5000 Reprogram N/A XTL5000 Retune 4 N/A XTS5000 Retune 3 N/A LCS2000 Replace 11 XTL2500RB LTS2000 Replace 195 XTS2500RB Mode13 Total Subscribers X83 Definitions Retune: Update the channel frequencies via the Customer Programming Software/Radio Service Software. Replace: Cannot be up~late~l to support new frequencies or band plans. Anew radio is requirea! Reprogram: Update operating software via software FLASH with new frequencies & band plan. Any reprogramming activity requires flashing. After applying flash, program the radio with the new frequency. Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 04/14/2008 Page 27 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work IMPACT ON FIXED NETWORK EQUIPMENT Main Central Controller -Motorola will apply its new rebanding firmware to the trunking controllers, replace its codeplug to include the rebanding replacement frequencies, and remove original frequencies. Alternate Central Controller -Motorola will apply its new rebanding firmware to the trunking controllers, replace its codeplug to include the rebanding replacement frequencies, and remove original frequencies. Remote Site Controllers -Motorola will apply its new rebanding firmware to the trunking controllers. Quantar Repeaters -Motorola will interface each station's programming port with a computer running the proper Radio Service Software (CPS/RSS), replacing the old transmit/receive frequencies with the new frequencies. Quantar Receivers -Motorola will interface each station's programming port with a computer running the proper Radio Service Software (CPS/RSS), replacing the receive frequencies with the new frequencies. ASTROTAC Receivers -Motorola will interface each station's programming port with a computer running the proper Radio Service Software (CPS/RSS), replacing the receive frequencies with the new frequencies. Transmit Combiners -Motorola will retune the Celwave transmit combiners to the new frequencies. Transmit Antennas -Motorola has determined that the electrical characteristics of these devices are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to this antenna system. Receive Antennas -Motorola has determined that the electrical characteristics of these devices are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to this antenna system. Tower Top Amplifiers -Motorola has determined that the electrical characteristics of these devices are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to the amplifier. Receive Multicouplers -Motorola has determined that the electrical characteristics of these devices are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to the multicoupler. Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 04/14/2008 Page 28 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work SystemWatch -Motorola will replace the SystemWatch II computer to run Windows XP, update the System Watch software, and configure for new frequencies. CENTRACOM II Gold Elite Consoles -Motorola has determined that the electrical characteristics of these devices are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to the consoles. Bidirectional Amplifier -Motorola will reconfigure this device by flipping the installed mechanical switch to enable operation in the new band plan. Zone Manager Client -Motorola will apply new application software. 7. ~ MOTOROLA PROFESSIONAL SER i~ICES MOTOROLA PROJECT MANAGER (PM): The Motorola PM will oversee the activities for each stage of the rebanding effort to ensure a smooth execution of all deliverables and that the requirements of the City of Delray Beach's system are fully met. The Project Manager will coordinate with the City of Delray Beach's, System Manager and any subcontractor or other third-party organization participating in this work; to keep this effort within the schedule to be agreed upon and finalized at the kick-off meeting. The majority of subscriber reconfiguration activity will occur during the normal work day but some subscriber reconfiguration and Network Equipment reconfiguration activity will occur during third shift (11:00 PM to 7:00 AM) during lighter utilization of the City of Delray Beach's trunked radio system. During the rebanding of all affected equipment, a representative from the City of Delray Beach will serve as a single point of contact for Motorola. Assuming no unanticipated delays, the project is estimated to be completed 148 work days from Notice to Proceed. A work day is defined as 8:00 AM to 5:00 PM, Monday through Friday unless specified above. Motorola Project Manager -Project Administration Activities: 1. Generate preliminary Project Schedule 2. Provide Project Schedule status updates 3. Manage project SOW and change orders 4. Reconcile Equipment Lists to the contract 5. Arrange equipment inventory process and logistics 6. Provide contract administration 7. Provide project resource management 8. Assure proper archiving of prof ect information 9. Provide Customer and project team communications management 10. Assure project level deliverables Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 04/14/2008 Page 29 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work 11. coordinate and chair customer meetings 12. Generate written reports as required 13. Maintain and facilitate resolution of general system punch list items Motorola Project Manager -Infrastructure 1. Coordinate and direct internal and external project resources 2. Manage infrastructure equipment rebanding and assure documentation of deliverables 3. Maintain and facilitate resolution of infrastructure punch list items Motorola Project Manager -Infrastructure Test Plans 1. Manage overall infrastructure test plans and execution 2. Manage punch list of issues to be resolved 3. Facilitate acceptance test plan completion and documentation Motorola Project Manager -Subscriber Programming Activities: 1. Facilitate Customer meetings to determine information for programming templates 2. Obtain Customer /Agency Approval of programming templates prior to initiating programming 3. Plan and manage delivery of reprogrammed or replaced subscriber units for all required departments and agencies 4. Plan and manage subscriber unit collection and return of replaced radios & accessories 5. Manage subscriber equipment rebanding and assure documentation of deliverables 6. Maintain and facilitate resolution of subscriber punch list items MOTOROLA SYSTEMS ENGINEER: The Motorola Systems Engineer has the responsibility for system design and technical performance. The Motorola Engineer will be responsible for "as is" coverage evaluation, post rebanding comparative analysis and intermodulation studies, order write up, Acceptance Test Plan (ATP) development, and system programming parameters. Additionally, the Motorola Systems Engineer will participate in the planning process and will be available to assist the customer in fleet mapping and determining the subscriber unit configurations. The Motorola Systems Engineer will perform the following activities: Motorola System Engineer -Project Administration Activities: 1. Validate system design specifications in accordance with customer needs 2. Validate and obtain customer approval for a preliminary Cutover Plan 3. Validate preliminary equipment lists 4. Validate equipment orders for Motorola and 3rd party equipment to accommodate inventory shipping schedules 5. Validate equipment lists by model, versions, options 6. Validate the Customer Requirements Test and Verification Matrix 7. Perform an As-Found Frequency Planning/Interference Analysis Version. 4.6 Rev. 04/14/2008 Page 30 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Motorola System Engineer -Infrastructure 1. Provide technical design for 3rd party interfaces MOTOROLA SYSTEMS TECHNOLOGIST: The Motorola Systems Technologist is highly experienced and trained, specializing in the optimization and trouble shooting of two-way RF communication systems. The ST will perform the optimization process working with service technicians. Additionally, this individual will work with the Motorola Systems Engineer and the City of Delray Beach representative to determine the best configuration and programming of, the system parameters. The Motorola Systems Technologist will perform the following activities: Motorola Systems Technologist -Infrastructure 1. Confirm system configuration and software compatibility to the existing system 2. Oversee execution of antenna network compatibility checks/optimization 3. Oversee loading of rebanding firmware/software into system controller(s) 4. Supervise completion of the reprogramming of all RF equipment 5. Supervise the power up and programming of all rebanded FNE 6. Oversee RF optimization to meet design specifications Motorola Systems Technologist -Infrastructure Test Plans 1. Oversee site and system level testing 2. Supervise execution of the Acceptance Test Plan per Attachment C. Motorola Systems Technologist -Subscriber Programming Activities: 1. Oversee programming of sample radios with approved templates as provided by the City of Delray Beach and deliver for Customer evaluation 2. Validate "as built" template documentation 3. Provide ownership of technical issues Motorola Responsibilities Motorola will: 1. Schedule a project kick off meeting with the City of Delray Beach at the project's start. 2. Execute the project contract deliverables and coordinate ensuing project activities with appropriate Motorola and the City of Delray Beach resources. 3. After project kick-off, Motorola will provide the City of Delray Beach with preliminary schedule and progress updates (see Project Schedule; Attachment F). This schedule will outline a cutover plan used during the reconfiguration process to ensure disruptions are minimized. The schedule should reflect the following; a. Timeline of events, and b. Identified deliverables 4. Create subscriber programming templates (where applicable) based upon customer provided information: Version. 4.6 Rev. 04/14/2008 Page 31 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work a. Conduct meetings with department and/or agency representatives designated by the City of Delray Beach. These meetings will gather the necessary information for Motorola to create the templates. b. Will review and coordinate the development of the programming templates with its technical staff and the City of Delray Beach representatives. c. Conduct final meeting with the City of Delray Beach and its representatives to achieve final approval of templates prior to subscriber programming. 5. Return all of the replaced subscriber radios and related accessories to Motorola within 30 days of the new subscriber radios and accessories being shipped. (See Attachment G; Equipment Return Process) City of Delray Beach Responsibilities City of Delray Beach will: 1. Provide a signatory who has authority to sign all appropriate project documents required for this project and any other agreements required. 2. Ensure all radios to be replaced are turned in and accounted for. (See Attachment G; Equipment Return Process) 3. Before or at the Licensee/Motorola kick-off meeting and prior to any reconfiguration work being performed, confirm the following two documents have been received: a. FCC License(s): All rebanding impacted radio transmitters are licensed properly on their new rebanding frequencies and Licensee has received their new FCC license(s). b. Sprint/Nextel Authorization to Move: The Licensee has received a separate Sprint/Nextel's letter (sent via FedEx) authorizing the Licensee to move to the new frequencies. 4. Provide site access to the City of Delray Beach owned and controlled sites for Motorola personnel and Motorola's subcontractors for the purpose of reconfiguring the equipment located at that site. 5. Provide support and approval for subscriber programming templates (where applicable): a. Identify agency/department representatives that are needed to participate in the subscriber programming template process: b. The City of Delray Beach department and/or agency representatives will gather necessary information to create subscriber programming templates and provide this information to Motorola. c. The City of Delray Beach department and/or agency representatives will review draft templates with Motorola and will advise on any changes that may be required. d. The City of Delray Beach will provide written approval of templates prior to subscriber programming. 6. Provide the Programming Access Key (PAK) for each system that has to be programmed into this licensee's subscriber units. Version. 4.6 Rev. 04/14/2008 Page 32 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work 7. Provide the subscriber radios and fleet coordination to ensure on-time project completion. 8. Provide all spare units identified in preliminary inventory, if any at the beginning of the project. 9. Not unreasonably delay the execution of work by Motorola and will extend the timeline of the project when delays caused by the City of Delray Beach are experienced. 10. May be required to provide personnel during the reconfiguration process. 11. Identify any outstanding Motorola deliverables and formally request their completion through the mutual development of a project punch list. 12. Grant final acceptance upon completion of the City of Delray Beach system reconfiguration. 8.O LOCAL SERi~ICE SUPPORT Motorola will utilize its authorized service center network and/or approved third party contractors to perform the reconfiguration of the equipment. 9.O NOTIFICATION AND CONDITIONS FOR WORK Motorola will notify the City of Delray Beach assigned point of contact a minimum of five (5) business days prior to starting any work on the system. Motorola will commence work at the designated location only after the City of Delray Beach has notified Motorola with instructions to proceed. Whenever possible, prior notification of at least 24 hours will be given when expected disruptions are to occur. IO.O LICENSING The City of Delray Beach is responsible for updating, filing, and coordinating the frequency changes that become a part of this Rebanding program with the FCC. As a note, all radio transmitters must be properly licensed by the FCC. 11.0 RISKS Motorola is committed to mitigating all known risks and will engage the City of Delray Beach whenever situations are identified in which a risk situation presents itself. Any event or occurrence that affects the project schedule is to be immediately reported to the Project Managers. A decision will be jointly made between Motorola and the City of Delray Beach to consider the options and develop a mutually agreed-to solution. There are risks associated with the work that needs to be performed on each piece of equipment. It is conceivable that a particular piece of equipment can be functional at the time of inventory but when rebanded, failures may occur when re-initializing the unit. Motorola will make every effort to ensure that any failure occurring in this situation be rectified immediately. In some cases adequate spares may not be available and could lead to a prolonged outage of equipment while obtaining replacement parts. If the system in question is currently under a direct service agreement with Motorola, any resolution to correct the failure will be covered under the agreement. If the equipment involved is not covered under a direct Motorola Service Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 04/14/2008 Page 33 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Agreement, resolution may require reimbursement for material and labor to correct the failure and restore the defective equipment from Sprint/Nextel. 12.0 MEDIATION Where applicable, Motorola has provided at the Licensee's request, support for Alternate Dispute Resolution or Mediation. Per the TA guidelines these costs are reimbursable and therefore included in this quote as a line item in its price summary table. Motorola is not a party to the Mediation itself but has supported the Licensee for technical or other content as it relates to the Mediation. Motorola's Mediation support charges listed in this proposal may apply to the Planning phase as well as Implementation phase. This work supporting or participating in Mediations and disputes is not considered normal proposal activities. If the Licensee requests additional Mediation support from Motorola after a final Reconfiguration Proposal has been delivered, these charges will be submitted via a Change Order to the FRA. Refer to the Proposal Pricing Summary Table for listed mediation charges and the attached Motorola Mediation Tracking Detail (date and time of activities by resource to support the mediation). 13.0 SYSTEMACCEPTANCE Upon completion of the work for the City of Delray Beach, a System Acceptance Certificate will be provided for customer signature (see Reconfiguration Implementation Phase Agreement, Terms and Conditions, Exhibit B). This certificate acknowledges that all of the effort necessary to reconfigure the City of Delray Beach's system has been completed. Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 04/14/2008 Page 34 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work 14.0 RECONFIGURATIONPRICING PRICING SUMMARY Deli~cij~ Beach, FL - Reco~i figcu°atio~i Services Qacote r,~ f,~r~s/r~ec/~„~~- Service Resource t -Units Turol-Ilum~s Rohe Price Reband Site # 1 -Delray Beach PD MSS ~ ~~. ~ ~ I' ~.uu >o,.~~ 13 Controllers 3 Re eaters 7 Combiners & Duplexer (Antenna System) 2 Zone Mana er 1 Reband Site # 2 -Hard Drive MSS ~~ ~ I' ~.uu > I .~-~ Controllers 1 Re eaters 7 S stem Watch MSS 8 Hours $175.00 $1,400 Project Manager PM 20 Hours $175.00 $3,500 System Engineer SE 16 Hours $175.00 $2,800 S stem Technolo ist ST 2A Hours $175.00 $4,200 BidirectionalAm lifter MSS 2 Hours $175.00 $350 Infrastructure Total $20,738 .S~rhscrihe ins Service Resource Total Units Rate Extended Price Mobiles Total ** MSS 66 $6,868 Portables Total ** MSS 506 $37 123 Templates Total ** MSS 40 $12,862 Re lacement of dash mount radios ** MSS 11 $3,115 2nd. Prograimning of Subscribers (remove old fregs.) Mobiles ** MSS 77 $5,452 2nd. Prograimning of Subscribers (remove old fregs.) Portables ** MSS 506 $29,854 Pro~ectMana eronSiteSu ervision&Coordination PM 176 Ilour; ~I'~.uu $30,800 ** Sec aa«ched "Subsc. I rrborDen~il Forms" Jor rlen~ile Subscriber Turd 5126.073 Teslin~ Service Resource uantit Unit Rate Extended Price Pre Rebanding Benchmark Testing ST 12.5 Hours $ 175.00 $2,188 Post Rebandin Acca tance Testin ST 12.5 Hours $ 175.00 $'.188 Functional Testin ST 5 Hours $ 175.00 $875 Pro~ectMana er PM 10 Hours $ 175.00 $1,750 System Engineer SE 12 Hours $ 175.00 $2,100 S stem Technolo ist ST 30 Hours $ 175.00 $5 '~0 Testin Total $14,350 PPOt['CI ,~~CI/nlfll5'~Ya llofl S['YV/C('S Kicko ~~&St~~iusMe~~tin s, On SiteCoordin~~tion. S+i~~contractin ,Closeout Service Resource uantit Unit Rate Extended Price Pro~ect Mana er PM 168 Hours $175.00 $29,400 System Engineer SE 96 Hours $175.00 $16,800 S stem Technolo ist ST 72 Hours $175.00 $12,600 Mediation # PM 0 Hours $0.00 $0 Travel Ex enses TE $20,638 # See SOW & rta~trl~ed lr~«rking shrei.Jor den~iLs Pro'. Administration Activities Total $79,438 F.r ^i anent Deha 13eachControllerandS stemWatchE ui meat Motorola 1 Each y20;Z1y.40 y20,21y Directional Cou lers To be rovided b S riot Nextel Nextel 2 Each $0.00 $0 See rr//ached fable br de/rdLs E ui meat Total $20,219 Total Recnnfi~~rrratinn Price 5260.813 Contingency Price $28,000 Total Reconfi,uration Price frith Contingenrp 5233,313 Rev. 04.OA.OA Version. 4.6 Rev. 04/14/2008 Page 35 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Price Validity: If Motorola delivers Products or performs Reconfiguration Implementation Phase Services after December 31, 2008, it reserves the right to increase the pricing for such Products and Reconfiguration Implementation Phase Services in a manner that is consistent with its confidential Master Purchase Agreement with Sprint Nextel. In addition, for Products that are priced based upon a discount from Motorola's published list prices, price adjustments will occur if and when Motorola's published list prices are modified and the adjusted prices will apply to any Products that are delivered after the modification to the published list prices. Subcontractor quotations are normally valid for a limited time period; if a Motorola subcontractor increases its subcontract price, then Motorola may increase its prime contract price for subcontracted work that is performed at the increased subcontract price. In all of these situations, any increase in the Contract Price will be reflected in a change order. SERVICES DETAIL Professional Services Project Manager System Engineer System Technologist Project Administration Activities Mnnhnurc DQVC Mnnhnurc nQU{' Mnnhnurc Dnyc I'rojccl Summary ~llw-atiou) 165 days Customer Status Meetings and Mobilization. 108 13.5 64 8 60 7.5 Project HIckoff - 3 days Preplanning and Coordination Meeting/Order processing 24 3 12 1.5 6 0.75 Project Close-Oat- 5 days Punch List resolution 24 3 12 1.5 4 0.5 Final Accc .tar-- 1^_ LS R 1 !1.^S ~Culal Ilours fur Pro'cct.A~lminititraliun.~ctiritics I(i8 21 9ti 12 72 9 FNF, Reconfiguration - 24 days 1~~E Preplanning and Coordination Meeting 8 1 8 1 16 2 FNE Reconfiguration 12 1.5 8 1 8 1 I I~otal hours for Intl-astructurc I 2u I 25 II I6 I 2 II 2a I 3 1 esting Conduct Pre Rebanding Verification Tests 4 0.5 4 0.5 12.5 1.5~~_5 Conduct Post Rebanding Verification Tests 4 0.5 4 0.5 12.5 1.5625 Funtional F~CCC .tang Tc,tin u.^_5 4 0.5 5 0.('_S Total hours for Tcstin~ 10 1.25 12 IS 311 3.75 tiubscriber Reconfiguration - 42 days Preplanning and Coordination Meeting 8 1 0 0 0 0 Subscriber Coordination PM 9 hrs/wk 72 9 0 0 0 0 Template & flasl~/prograin procedures 8 1 0 0 0 0 SS 11 0 0 0 0 tiubscriber Reconfiguration - 42 days Preplanning and Coordination Meeting Subscriber Coordination PM 9 hrs/wk Template & flash/program pros dares 8 72 8 1 9 1 0 0 0 0 0 0 0 0 0 0 0 0 SS 11 0 0 0 0 ~fotal Hnm~s for Subscribers Rcam~l;uration l7ti 22 0 0 0 0 CO'h_V, PROFESSIOV'.V, SI'_R~'ICI'_S'CIV'I F. 374 46.7 l24 I5.5 l26 15.75 Version. 4.6 Rev. 04/14/2008 Page 36 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work SERVICES DETAIL CONTINUED Travel Detail Per diem Air fare Car rental Labor- Catc~;m~y I'rgjcct Phase Number of resources Number ofh-ips Days out pcr~~cck 52UUAU SI,000AU 522SAU l~ohilslll-ip Prgject totals lgrecd ~", markup Infrastructure I I ti2UUAU til.uuu uu ti__~ uu 51,825.00 S1,~~_S.UO S1,917.00 I'~'Rlccl ~Itmt~~cr Subscribers I ~ 5200.00 ti Luau u0 ti?'>1iu 52,025.00 S4,050.00 S4,253.00 Overall Project I S200.00 ti Lquu uu ti"> uu S1,825.00 S3,650.00 S3,833.00 Infrastructure I I ~ S200.00 ti I .UUU uu ti"> uu S2,025.00 S2,025.00 S2,127.00 Scsicros h:n;;inecr Overall Project Su ort I I ti300.00 ti Luuu_uu ti__~_uu S1,825.00 S1,825.00 S1,917.00 ti Infrastructure I I ~ ti_00.00 tiLUOU un ti"> uu 52,025.00 S2,025.00 S^_,127.00 ~slems f chnol i t Subscribers I I ti_u0.00 ti Luuo uu S__> oU S2,225.00 S2,225.00 S2,337.00 e o~ s t h~erallProicrt I I ~ ti_uu uu ti I uu0 uu S__~ Ou ti_.025.00 ti2.025.00 ti_. 127.00 F~timatr_d'Ibtal ~Il-sncl Fcmn~;cs S'_Il_(r3Rt1t1 L~uti~: Ly,~°n.r~-r,rhuun~ii,°~~rlim~il~:rh~i,r~~~lunlh~°.1~-u~,~~u/Workandrequiredtra~'forcompdetir~,~theReconfi,~~rationDzrign. Sprinl N~'ra'1 wild he hi11~°~1 actual ~°rp~°nrer plnr . "„ u~arFn~r. Contingency Detail KCSOln'CC I'roject:~rca Risk Uescription Description l!nit Qt~~. Rate ,~nunnrt Project Kickoff Slippage Delay of project and committedresourcc, I',AI SI: Ilrnir, 'u ~ 17>.uu ~ 3,Sl1U.l1U Under Estimate of Subscriber units Additional units to reband P,AI SI: 1 I~,ur, '0 ~ 1 7~.uu $ 3,500.00 Project delay caused by the Licensee making insufficient mm~ber of'subscribers available Subscribers Availability during reconfiguration. It will require additional PM hours to coordinate and schedule subscriber reconfiguration. P,AI SI: ll~wrs `~U ~ 17~.UU $ 14,000.00 Project delay in order to allow other licensees to reconfigure their systems so no Interoperability interoperability is sacrificed during reconfiguration. P,AI SI: ll~xu~, l0 ~ 17~.uu $ 7,000.00 lutul Cuntingenct~ 5 28,111111.1111 Subscriber Labor Detail (Continues on next page) Licensee Name: CITY OF DELRAY BEACH, FL Level of Effort Replacement of Dash Mount Radios Per Unit Time Total LOE for a task on a Task Description Quantity Rate $ Total $ per unit basis in man in Hrs Time Hrs hours • Load programming template into new radio • De-install & Install of new dash mount radio • No antenna cable or mount install • Installation of new antenna rod only • Install new radio power cable(s) • Functional post test • Unpackage & Repackage Radios/Ship 1 • Includes u to 30 miles travel for installer De-install & Install for standard sedan or light/medium truck with unit installed under the dash and no obstructions or special installation 1a re uirements. Includes subtasks above 2.4 11 26.4 $118.00 $ 3,115.20 2.4 1 b De-install & Install into Police sedan/cruiser (Center control console). 0.0 0 0.0 $0.00 $ 3.3 1c De-install & install into Fire Truck 0.0 0 0.0 $0.00 $ 3.8 Replacement of Dash Mount Radios TOTAL s s.its_2o Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 04/14/2008 Page 37 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Subscriber Labor Detail (Continued) Level of Effort (Continued) Retune Existing Mobile Radios Per Unit Time Total LOE for a task on a Task Description Quantity Rate $ Total $ per unit basis in man in Hrs Time Hrs hours • Functional Pre-Test of existing radio -Talk group call on system • Retune existing radio (no obstruction to retuning of radio) 3 • Functional ost test of existin radio -Talk rou call on s stem 0.6 4 2.4 $118.00 $ 283.20 0.9 Flashing and Retuning Existing Mobiles LOE for a task on a Description Per Unit Time Total per unit basis in man Item in Hrs auantit Time Hrs Rate $ Total $ hours • Functional Pre-Test of existing radio -Talk group call on system • Flash existing radio with Rebanding software • Load programming template into existing radio (no obstruction to programming port of radio and radio is to be flashed and programmed in the vehicle) 4 • Functional post test of existing radio -Talk group call on system 0.9 62 55.8 $118.00 $ 6,584.40 0.9 TOTAL MOBILE RADIOS s s.~~ Portable Radios LOE for a task on a Task Per Unit Time Total per unit basis in man Descri lion in Hrs auantit Time Hrs Rate $ Total $ hours Retune Existing Portable • Functional Pre-Test of existing radio -Talk group call on system • Retune existing radio (no obstruction to retuning of radio) 5 • Functional post test of existing radio -Talk group call on system 0.5 3 1.5 $118.00 $ 177.00 0.7 Flashing and Retuning of Existing Portable Radio • Functional Pre-Test of existing radio -Talk group call on system • Flash existing radio with Rebanding software • Load programming template into existing radio 5a 'Functional post test of existing radio - 0.7 308 215.6 $118.00 $ 25,440.80 0.7 Replacement of Existing Portable Radio • Load programming template into new radio • Functional post test of new radio -Talk group call on system 5b •Unpackage & Repackage Radios 0.5 195 97.5 $118.00 $ 11.505.00 0.6 TOTAL PORTABLES RADIOS s ~~z~zz_aa Radio Templates (Masks) Task Descri lion Per Unit Time in Hrs auantit Total Time Hrs Rate $ Total $ LOE for a task on a per unit basis in man hours 6 Modi Radio Tem lates Masks for Re laced Units 4.0 6 24.0 $118.00 $ 2,832.00 4.0 6a Modify Radio Templates (Masks) for Flashed Units 2.5 34 85.0 118.00 10,030.00 2.5 TEMPLATES TOTAL 1z~< Other Tasks Task Descri lion Per Unit Time in Hrs auantit Total Time Hrs Rate $ Total $ LOE for a task on a er unit basis in man 7 Second ro rammin of subscribers remove old fre s. Mobiles 0.6 77 46.2 $118.00 $ 5,451.60 By Quote 7a Second ro rammin of subscribers remove old fre s. Portables 0.5 506 253.0 $118.00 $ 29,854.00 B Quote Grand Total $ 95,273.20 Version. 4.6 Rev. 04/14/2008 Page 38 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work EQUIPMENT DETAIL Controller & System Watch Upgrades-Software & Equipment List Item Qth 1~lodcl Description Unit Price E~tcndcd Price 1 1 L3479 PC Anywhere 11.5 Client $168 $168 2 1 DDN8172 Hummingbird Exceed 8.0 $717 $717 3 1 DDN8673 Crystal Reports 11.0 $635 $635 4 1 DS990970 RocketPort PCI DB25 Male $370 $370 5 1 DDN9157 Certified XP Workstation for SWII $2,907 $2,907 6 1 T7143 SWII on XP Software Upgrade Application $800 $800 7 3 UOST-0001 6809 28 Ch Controller Code Plug $1,298 $3,894 8 4 UOST-0004 CSC Software $1,509 $6,036 9 3 UOST-0008 TSC Software $481 $1,443 10 3 UOST-0010 Simulcast DCB Software $602 $1,806 11 3 UOST-0014 ReSC SmartZone Software $481 $1,443 Totals $20,219 Rebanding Flashkits Gai a-ic Kadio Alodd flashkit tcpc required OTlflashes Ka{aired pa- kit T Vlodel Plashaaie Option Price Astro Spectra (WS) 3600 IMBE/Analog 43 H1623 100008-000000-0 Paid by Sprint/Nextel MCS2000 3600 Analog (Type II /TYPE III) 7 H1628A 000008-000000-2 Paid by Sprint/Nextel MTS2000 3600 Analog (Type II /TYPE III) 1 N1706 000008-000000-2 Paid b S rint/Nextel XTS3000 3600 IMBE/Analog 100 T5781 100008-000000-0 Paid by Sprint/Nextel XTS3000 3600 IMBE/Analog 100 T5781 100008-000000-0 Q880AE Paid by Sprint/Nextel XTS3000 3600 IMBE/Analog 97 T5781 100008-000000-0 Q880AE Paid b S rint/Nextel Astro Spectra (WS) 3600 IMBE/Analog 12 H1623 100008-000000-0 G880AE Paid by Sprint/Nextel XTS2500 3600 IMBE/Analog & P25 2 T6811 500008-000410-5 Q880AC Paid by Sprint/Nextel XTS5000 3600 IMBE/Analoe & P25 8 T6751 100008-000000-0 Q880AA Paid by S rint/Nextel 9 ToCil flash Bits 37U Total flashes Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 04/14/2008 Page 39 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Replacement Subscribers List RBP03 - XTS2500 MOT Enter Dept or A2ency by configuration: »> Smartzone Analog Mode13 STD QTl" ~indcl Item conli~r 1 cnnli<= 1 Items Comprdsdng the Base Kdf Smarfnef Package are do Bnld Enter quantity 19S Paid b S rint/Nextel 195 H46UCH9PW2BN XTS2500 Rebanding Portable Radio Mode13 L)5 Paid b S rint/Nextel Included Std Whip Antenna Included Std Belt Clip Included Standard Battery 195 Q443 SmartZone O eration-Q443 19~ Paid b S rint/Nextel 195 H43 Remote Monitor - H43 19 ~ Paid b S rint/Nextel 195 NTN9815 S are Batter - NTN9815 19 ~ Paid b S rint/Nextel 195 NTN1873 Sin le Unit Ra id Char er - NTN1873 19 ~ Paid b S rint/Nextel RBM03 - XTL2500 MOT Enter Dept or Agency by configuration: »> Smartzone Analog Dash Palm Mic 7.5 watt 3dB Tl' ~lodcl Ilan conli« 1 Price Items Comprdsdng the Base Kdf Smarfnef Package are do Bold Enter uanti 1 1 Paid b S rint/Nextel 11 M21URM9PW2AN XTL2500 Rebandin Mobile Radio I I Paid b S rint/Nextel 11 G174 Antenna 3dB Low Profile I I Paid b S rint/Nextel 11 W22 Palm Microphone - W22 I I Paid b S rint/Nextel 11 B18 7.SW Speaker - B18 I I Paid b S rint/Nextel 11 G442 Control Head - G442 I I Paid b S rint/Nextel 11 G444 Control Head software - G444 I I Paid b S rint/Nextel 11 G66 Mountin Kit G66 or G67 included in base. I I Paid b S rint/Nextel 11 G241 Analog operation I I Paid b S rint/Nextel 11 G51 Software Smartzone/sin letone 1 1 Paid b S rint/Nextel 11 G114 Enh ID Display - G114 I I Paid b S rint/Nextel 11 G170 Radio Trace - G170 I I Paid b S rint/Nextel 11 G683 One Touch - G683 I I Paid by Sprint/Nextel 206 Total Replacement Subscribers Version. 4.6 Rev. 04/14/2008 Page 40 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola Confidential Proprietary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work ATTACHMENTS Attachment A. INTERMODULATION REPORT Attachment B. SUITABILITY ASSESSMENT IMPACT REPORT Attachment C. FUNCTIONAL ACCEPTANCE TEST PROCEDURES (ATP) Attachment D. RF PERFORMANCE VERIFICATION PLAN Attachment E. CUT-OvER & FALL BACK PLAN Attachment F. RECONFIGURATION PROJECT SCHEDULE Attachment G. EQUIPMENT RETURN PROCESS Attachment H. MEDIATION TRACKING DETAIL Version. 4.6 Rev. 04/14/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with pie 41 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report ATTACHMENT A INTERMOD I7LATION REPORT Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 42 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report 800 MHz Re-banding Delray Beach PD Site, City of Delray Beach, FL Intermodulation Analysis North America Government & Commercial Markets Version D01.00.01 Date: Sept. 07, 2007 Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 43 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermodulation Report Intermodulation Summary: During rebanding, 7 channels located in the 821 MHz sub-band used at the Delray Beach PD site, owned by the City of Delray Beach, FL will move to the 806 MHz sub- band. There is also one 470 MHz frequency owned by the City of Delray Beach at the Delray Beach PD site. Complete frequency information is listed in the Analysis Factors section of this report. The Intermodulation (IM) study indicates no 3rd, 5~, or 7~ order intermodulation products received by the newly rebanded 800 MHz frequencies at the Delray Beach PD site. The IM study does indicate some 5~ and 7~ order IM products affecting an existing frequency at the site. These IM products are caused by mixing of newly rebanded transmit frequencies and the existing frequencies at the site. The total number of direct and indirect 5~ order IM products caused by the mixing of newly rebanded frequencies is 3. The total number of direct and indirect 7~ order IM products caused by the mixing of newly rebanded frequencies is 20. The detailed intermodulation analysis is included in the following sections. Analysis Introduction: Intermodulation (IM) products are generated whenever two or more transmit frequencies mix together. If there is more than one transmit frequency at a site an IM analysis is necessary to check for possible IM interference problems. There are three basic categories of Intermodulation (IM) interference. They are receiver produced, transmitter produced, and "other" radiated IM. Transmitter produced IM is the result of one or more transmitters impressing a signal in the non-linear final output stage circuitry of another transmitter, usually via antenna coupling. The IM product frequency is then re-radiated from the transmitter's antenna. Receiver produced IM is the result of two or more transmitter signals mixing in a receiver RF amplifier or mixer stage when operating in anon-linear range. "Other" radiated IM is the result of transmitter signals mixing in other non-linear junctions. These junctions are usually metallic, such as rusty bolts on a tower, dissimilar metallic junctions, or other non-linear metallic junctions in the area. IM products can also be caused by non-linearity in the transmission system such as antenna, transmission line, or connectors. This IM study has been performed to predict IM products that could be generated by the potential new frequencies as they are used at the Delray Beach PD site after Rebanding. The Delray Beach PD site is one of the sites used in City of Delray Beach, FL project. During rebanding, 7 channels located in the 821 MHz sub-band used at the Delray Beach PD site, owned by the City of Delray Beach, FL will move to the 806 MHz sub-band. There is also one 470 MHz frequency owned by the City of Delray Beach at the Delray Beach PD site. There maybe other frequencies used by Cellular providers at the Delray Beach PD site. Cellular providers often license a range of frequencies to a site. These frequencies may or may not be in use at any given time. Therefore, the intermodulation study as provided is based on frequencies at the site which do not belong to a cellular service provider at the site. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 44 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report All frequencies included in this intermodulation study are a result of information provided to Motorola during data collection exercise. Analysis Factors: Following are the frequencies used in generating the Delray Beach PD IM report: Red (bold) frequencies in the table are new rebanding frequencies at the site. Blue frequencies in the table are frequencies at the site that did not change due to rebanding. Black frequencies in the table are frequencies that are planned but not currently in use at the Delray Beach PD Site. Transmit Frequency: Receive Frequency: Owner 1 470.8625 473.8625 City of Delray Beach 2 851.3750 806.3750 City of Delray Beach 3 851.5750 806.5750 City of Delray Beach 4 851.7750 806.7750 City of Delray Beach 5 852.0750 807.0750 City of Delray Beach 6 852.6750 807.6750 City of Delray Beach 7 853.1500 808.1500 City of Delray Beach 8 853.6750 808.6750 City of Delray Beach The analysis calculates possible IM product frequencies through the seventh (7~) order that could potentially interfere with receivers at the communications site based on each receiver's individual bandwidth. The results can be used to develop an IM mitigation strategy. The parameters that affect the IM product calculations are: Order of IM products, the number of transmitters, the number of harmonics, and the half window (bandwidth) of the receiver. Following are the parameters used for the Delray Beach PD IM analysis: Minimum Number Transmitters = 2 Maximum Number Transmitters = 7 Minimum Order = 2 Maximum Order = 7 Minimum Harmonic = 1 Maximum Harmonic = 6 Half Window = 25 kHz The product order is equal to the harmonic multiples of the transmitter frequencies added together. For this IM analysis, 3rd, 5~ and 7~ order IM study reports were created. There is a possibility of higher order IM product interference. As the product order increases, the magnitude of the interfering signal decreases. Once the magnitude of the signal drops below the sensitivity of the target receiver, it is considered a minimal threat. For this reason Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 45 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report 7~ order is the maximum product order considered in this analysis. To generate 7~ order IM products, the maximum of 7 transmitters are required to broadcast simultaneously, or a combination sum of the harmonic factors of the transmitters is equal to 7(e.g. 3A+4B or 3A-4B). Harmonic represents the multiple of the original transmitter's carrier frequency. The greater the harmonic multiple of a transmitter signal, the lower the power will be relative to the transmitter signal and therefore, the smaller the level of the interfering signal. For the 7~ order IM products, the maximum harmonic required is 6 for minimum two transmit frequency assuming that one transmitter alone will not create IM interference. Half window of the receiver is the most critical parameter which takes into consideration the receiver bandwidth. During calculation, Hydra checks IM products within (+/- (Half window) KHz) of all Rx frequencies. For this analysis 25 KHz was used as receiver half bandwidth. Analysis Results: Hydra was used to generate a 3rd, 5~, and 7~ order IM report. Intermod Hits Summary RX ID RX Frequency Total Hits Direct Hits 1 473.8625 23 11 Intermod Hits By Order RX ID RX Frequency Order 5 Order 7 1 473.8625 3 20 Intermod Hits By Number of Transmitters RX ID RX Frequency 3 TXs 4 TXs 5 TXs 6 TXs 7 TXs 1 473.8625 1 3 9 9 1 ***************************************************************** Grand Total Hits: 23 As seen in the report, the Intermodulation (IM) study indicates no 3rd, 5~, or 7~ order intermodulationpmducts received by the newly rebanded 800 MHz frequencies at the Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 46 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report Delray Beach PD site. The IM study does indicate some 5~ and 7~ order IM products affecting an existing frequency at the site. These IM products are caused by mixing of newly rebanded transmit frequencies and the existing frequencies at the site. The total number of direct and indirect 5~ order IM products caused by the mixing of newly rebanded frequencies is 3. The total number of direct and indirect 7~ order IM products caused by the mixing of newly rebanded frequencies is 20. Any even order IM products are prevented by the equipment design of the system. The presence of IM products does not necessarily indicate an IM hit. To evaluate the impact of direct and indirect IM products, further investigation is needed which could include identification of mixing point, determining probability of transmission on each frequency, power level at mixing point, etc. Generally 5~ order IM products have a lower impact than 3rd order, but can cause significant IM problems if the power level at the mixing point is high, further investigation would be needed. The severity of the 7~ order IM products is relatively low and can be ignored if the power level is low. These results were generated assuming the presence of only the frequencies mentioned in Analysis Factor section. If there is a change in the frequencies used at the site, another IM analysis should be done to re-evaluate the impact of intermodulation. Recommendations: 1. Avoid using frequencies that have direct 3rd order IM products or create direct 3rd order IM products. 2. Not all of the mixing possibilities are significant in creating interference signals. Higher order IM products are usually weaker in signal strength. Also, the interference depends on the power level of the mixing signal. Impact of higher order IM products can be mitigated by controlling the power level of the mixing signal. 3. Provide separate transmit and receive cables. This would move the mixing point far from both the transmitters and receivers resulting in less probability of an IM problem. 4. Replace all connectors in the system with premium grade connectors where VHF, lower UHF, and 800MHz frequencies are present. 5. In addition to the connectors, quality components should be used throughout the system, such as power dividers and cross-band couplers. The installation must always be of the highest quality. A premium component will cause problems if not installed properly. 6. Direct IM products are more significant than indirect IM products. The impact of indirect IM products will depend on signal level and how far apart is the IM product from the receiver frequency. Disclaimer: Intermodulation distortion products (IM) are always present where two or more collocated transmitters are operating simultaneously. Managing the power levels of the IM signals developed through proper system design will determine whether they cause harmful interference to communications. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 47 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report The IM analysis is simply one of the tools used to guide proper design and must be used by a trained technical person competent to understand its meaning and limitations. The appearance of an IM product in the analysis does not mean such a product will cause harmful interference, or indeed even be present. It simply indicates the mathematical possibility of a product being produced. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 48 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report 800 MHz Re-banding Hardrives Site, City of Delray Beach, FL Intermodulation Analysis North America Government & Commercial Markets Version D01.00.01 Date: Jan 02, 2008 Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 49 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermodulation Report Intermodulation Summary: During rebanding, 7 receive only channels located in the 821 MHz sub-band used at the Hardrives site, owned by the City of Delray Beach, FL will move to the 806 MHz sub- band. There is also one 460 MHz frequency owned by the End of The Line Inc., one 450 MHz frequency owned by Florida Light and Power, one 806 MHz frequency owned by Hardrives Inc., one 470 MHz frequency owned by Highland Wireless, one 460 MHz frequency owned by Indian Spring Maintenance, one 470 MHz frequency owned by Rapid Wireless, and one 220 MHz frequency owned by Repeater Network at the Hardrives site. Complete frequency information is listed in the Analysis Factors section of this report. The Intermodulation (IM) study indicates no 3rd or 5~ order intermodulationpmducts potentially affecting the newly rebanded 800 MHz frequencies at the Hardrives site. The IM study does indicate some 7~ order IM products affecting newly rebanded 800 MHz frequencies at the site. These IM products are caused by mixing the existing frequencies at the site. The total number of direct and indirect 7~ order IM products caused by the mixing existing frequencies is 2. The detailed intermodulation analysis is included in the following sections. Analysis Introduction: Intermodulation (IM) products are generated whenever two or more transmit frequencies mix together. If there is more than one transmit frequency at a site an IM analysis is necessary to check for possible IM interference problems. There are three basic categories of Intermodulation (IM) interference. They are receiver produced, transmitter produced, and "other" radiated IM. Transmitter produced IM is the result of one or more transmitters impressing a signal in the non-linear final output stage circuitry of another transmitter, usually via antenna coupling. The IM product frequency is then re-radiated from the transmitter's antenna. Receiver produced IM is the result of two or more transmitter signals mixing in a receiver RF amplifier or mixer stage when operating in anon-linear range. "Other" radiated IM is the result of transmitter signals mixing in other non-linear junctions. These junctions are usually metallic, such as rusty bolts on a tower, dissimilar metallic junctions, or other non-linear metallic junctions in the area. IM products can also be caused by non-linearity in the transmission system such as antenna, transmission line, or connectors. This IM study has been performed to predict IM products that could be generated by the potential new frequencies as they are used at the Hardrives site after Rebanding. The Hardrives site is one of the sites used in City of Delray Beach, FL project. During rebanding, 7 receive only channels located in the 821 MHz sub-band used at the Hardrives site, owned by the City of Delray Beach, FL will move to the 806 MHz sub- band. There is also one 460 MHz frequency owned by the End of The Line Inc., one 450 MHz frequency owned by Florida Light and Power, one 806 MHz frequency owned by Hardrives Inc., one 470 MHz frequency owned by Highland Wireless, one 460 MHz frequency owned by Indian Spring Maintenance, one 470 MHz frequency owned by Rapid Wireless, and one 220 MHz frequency owned by Repeater Network at the Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 50 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report Hardrives site. Complete frequency information is listed in the Analysis Factors section of this report. There maybe other frequencies used by Cellular providers at the Hardrives site. Cellular providers often license a range of frequencies to a site. These frequencies may or may not be in use at any given time. Therefore, the intermodulation study as provided is based on frequencies at the site which do not belong to a cellular service provider at the site. All frequencies included in this intermodulation study are a result of information provided to Motorola during data collection exercise. Analysis Factors: Following are the frequencies used in generating the Hardrives IM report: Red (bold) frequencies in the table are new rebanding frequencies at the site. Blue frequencies in the table are frequencies at the site that did not change due to rebanding. Transmit Fre uenc Receive Fre uenc Owner 1 N/A 806.3750 City of Delray Beach 2 N/A 806.5750 City of Delray Beach 3 N/A 806.7750 City of Delray Beach 4 N/A 807.0750 City of Delray Beach 5 N/A 807.6750 City of Delray Beach 6 N/A 808.1500 City of Delray Beach 7 N/A 808.6750 City of Delray Beach 8 462.8250 467.8250 End of the Line Inc. 9 451.2000 456.2000 Florida Light and Power 10 851.0875 806.0875 Hardrives Inc. 11 470.3625 475.3625 Highland Wireless 12 464.4250 469.4250 Indian Spring Maintenance 13 471.6625 476.6625 Rapid Wireless 14 220.0375 162.1250 Repeater Network The analysis calculates possible IM product frequencies through the seventh (7~) order that could potentially interfere with receivers at the communications site based on each receiver's individual bandwidth. The results can be used to develop an IM mitigation strategy. The parameters that affect the IM product calculations are: Order of IM products, the number of transmitters, the number of harmonics, and the half window (bandwidth) of the receiver. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 51 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report Following are the parameters used for the Hardrives IM analysis: Minimum Number Transmitters = 2 Maximum Number Transmitters = 7 Minimum Order = 2 Maximum Order = 7 Minimum Harmonic = 1 Maximum Harmonic = 6 Half Window = 25 kHz The product order is equal to the harmonic multiples of the transmitter frequencies added together. For this IM analysis, 3rd, 5~ and 7~ order IM study reports were created. There is a possibility of higher order IM product interference. As the product order increases, the magnitude of the interfering signal decreases. Once the magnitude of the signal drops below the sensitivity of the target receiver, it is considered a minimal threat. For this reason 7~ order is the maximum product order considered in this analysis. To generate 7~ order IM products, the maximum of 7 transmitters are required to broadcast simultaneously, or a combination sum of the harmonic factors of the transmitters is equal to 7(e.g. 3A+4B or 3A- 4B). Harmonic represents the multiple of the original transmitter's carrier frequency. The greater the harmonic multiple of a transmitter signal, the lower the power will be relative to the transmitter signal and therefore, the smaller the level of the interfering signal. For the 7~ order IM products, the maximum harmonic required is 6 for minimum two transmit frequency assuming that one transmitter alone will not create IM interference. Half window of the receiver is the most critical parameter which takes into consideration the receiver bandwidth. During calculation, Hydra checks IM products within (+/- (Half window) KHz) of all Rx frequencies. For this analysis 25 KHz was used as receiver half bandwidth. Analysis Results: Hydra was used to generate a 3rd, 5~, and 7~ order IM report. Intermod Hits Summary RX ID RX Frequency Total Hits Direct Hits 4 807.075 1 1 7 808.675 1 1 Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 52 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report Intermod Hits By Order RX ID RX Frequency Order 7 4 807.075 1 7 808.675 1 Intermod Hits By Number of Transmitters RX ID RX Frequency 4 TXs 5 TXs 4 807.075 0 1 7 808.675 1 0 ***************************************************************** RX Frequency = 807.075 [7] - (1)x(462.825) + (3)x(451.2) + (1)x(851.0875) - (1)x(470.3625) - (1)x(464.425) = 807.075 Direct Total Hits: 1 RX Frequency = 808.675 [7] - (2)x(462.825) + (3)x(451.2) + (1)x(851.0875) - (1)x(470.3625) _ 808.675 Direct Total Hits: 1 Grand Total Hits: 2 As seen in the report, The Intermodulation (IM) study indicates no 3rd or 5~ order intermodulationpmducts potentially affecting the newly rebanded 800 MHz frequencies at the Hardrives site. The IM study does indicate some 7~ order IM products affecting newly rebanded 800 MHz frequencies at the site. These IM products are caused by mixing the existing frequencies at the site. The total number of direct and indirect 7~ order IM products caused by the mixing existing frequencies is 2. Any even order IM products are prevented by the equipment design of the system. The presence of IM products does not necessarily indicate an IM hit. To evaluate the impact of direct and indirect IM products, further investigation is needed which could include identification of mixing point, determining probability of transmission on each frequency, power level at mixing point, etc. Generally 5~ order IM products have a lower impact than 3rd order, but can cause significant IM problems if the power level at the mixing point is high, further investigation would be needed. The severity of the 7~ order IM products is relatively low and can be ignored if the power level is low. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 53 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report These results were generated assuming the presence of only the frequencies mentioned in Analysis Factor section. If there is a change in the frequencies used at the site, another IM analysis should be done to re-evaluate the impact of intermodulation. Recommendations: 1. Avoid using frequencies that have direct 3rd order IM products or create direct 3rd order IM products. 2. Not all of the mixing possibilities are significant in creating interference signals. Higher order IM products are usually weaker in signal strength. Also, the interference depends on the power level of the mixing signal. Impact of higher order IM products can be mitigated by controlling the power level of the mixing signal. 3. Provide separate transmit and receive cables. This would move the mixing point far from both the transmitters and receivers resulting in less probability of an IM problem. 4. Replace all connectors in the system with premium grade connectors where VHF, lower UHF, and 800MHz frequencies are present. 5. In addition to the connectors, quality components should be used throughout the system, such as power dividers and cross-band couplers. The installation must always be of the highest quality. A premium component will cause problems if not installed properly. 6. Direct IM products are more significant than indirect IM products. The impact of indirect IM products will depend on signal level and how far apart is the IM product from the receiver frequency. Disclaimer: Intermodulation distortion products (IM) are always present where two or more collocated transmitters are operating simultaneously. Managing the power levels of the IM signals developed through proper system design will determine whether they cause harmful interference to communications. The IM analysis is simply one of the tools used to guide proper design and must be used by a trained technical person competent to understand its meaning and limitations. The appearance of an IM product in the analysis does not mean such a product will cause harmful interference, or indeed even be present. It simply indicates the mathematical possibility of a product being produced. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 54 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment B /Suitability Assessment ATTACHMENT B SI7ITABILITYASSESSMENTLMPACT REPORT (SAIR) Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 55 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment B /Suitability Assessment Suitability Assessment Impact Report Licensee Name: DELRAY BEACH, CITY OF Customer Name: Delray Beach, City of Submitted by: System Type Motorola Inc. SINGLE SITE Preparation Date: Wednesday, August 22, 2007 The content of this report is dependent upon the data entered into the inventory workbook as supplied by the Customer or the Customer's agent Concerning the Suitability Assessment Process, Motorola has completed its preliminary evaluation and has determined that the products listed in the inventory you provided will be impacted as described in the following text. However, Motorola may perform additional regression tests as required on these products. In the unlikely event the regression testing indicates the above information is incorrect, Motorola will gladly provide corrected information to you and advise you of the effects of rebanding; further, if it is appropriate, Motorola will provide to you a quote for software, hardware or services to address the effects of rebanding. ver. 6.01.01 OS-13- ver.6.01.04 2007 8/16/2007 Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Rev. 04/14/2008 Page 56 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment B /Suitability Assessment Impact to Base Stations or Repeaters Retune the Non-IR Quantar base station new frequency with existing Quantar RSS Quantar Non-IR Rx Only Station -Retune the Non-IR Quantar base station new frequency with existing Quantar RSS AstroTAC RX Only Station -Retune the Astrapak base station new frequencies with existing RSS. Impact to System Controllers Open an Upgrade Operations CASE to order new 6809 Prime Site Codeplug(s) for the new frequencies Open an Upgrade Operations CASE to order rebanding 6809 controller CSC firmware version R47.02.00. Open an Upgrade Operations CASE to order prime site 6809 TSC FIRMWARE VERSION WITH R10.01.02 Open an upgrade Operations CASE to order prime site 6809 DCB FIRMWARE VERSION WITH R 10.04.03 Open an upgrade operations CASE to order remote site 6809 ReSC FIRMWARE VERSION WITH R10.04.01 Impact to Management Terminals Order new Software for Systems Watch II and configure for new frequency Upgrade System Watch computer to run Windows XP Flash the MCS2000 RFM Modem with rebanding firmware and retune with RVN4175T CPS software Systems Watch I I -- Replace the Management Terminal computer with a new computer capable of running Windows XP. Impact to Subscribers Replace the LCS2000 mobile with XTL2500RB then retune with new Rebanding RVN4185T CPS Replace the LTS2000 portable with XTS2500RB then retune with new Rebanding RVN4181T CPS Flash the MCS2000 mobile with rebanding firmware then retune with new RVN 4175T CPS software XTS2500 radios shipped before Feb. 2006 flash with rebanding firmware then retune with new RVN4181T CPS software. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 57 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment B /Suitability Assessment Flash the XTS3000 portable with rebanding firmware then retune with new RVN4181T CPS software XTS5000 radios shipped before Feb. 2006 flash with rebanding firmware then retune with new RVN4181T CPS software. Radios shipped after Jan. 2006 retune with new RVN4181 T CPS software. XTS5000 radios shipped after Jan. 2006 retune with new RVN4181T CPS software. XTL5000 radios shipped after Jan. 2006 retune with new RVN4185T CPS software. For ASTRO Spectras with 1 Megabyte memory and a codeplug size less than 28 Kbyte flash with rebanding firmware then retune with new RVN4183S CPS software For ASTRO Spectra Consolettes with 1 Megabyte memory and a codeplug size less than 28 Kbyte flash with rebanding firmware then retune with new RVN4183S CPS software For MTS2000 radio with 512 Kbyte memory and codeplug size less than 13.5 Kbyte flash with rebanding firmware then retune with new RVN4176S CPS software Impact to RF Antenna Site Equipment Retune each port of the RFS/Celwave transmitter combiner for the new frequency No action required for the RFS/Celwave TMA/MC No action required for the receive antenna No action required for the transmit antenna Motorola has determined that TV channel 69 broadcasts in your area. Channel 69 TV transmitters can produce spurious emissions in the new NPSPAC frequency segment while remaining completely legal. Such interference must be addressed at the source, therefore Motorola has not included any solutions for interference involving TV channel 69 frequencies should it occur. Impact to Dispatch Console Systems No change required for CENTRACOM II Gold Elite console systems Impact to MOSCAD Sub-Systems No MOSCAD Inventory Input Provided Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 58 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test ATTACHMENT C FUNCTIONAL ACCEPTANCE TEST PROCEDI7RES (FATP) Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 59 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test fOY.' City of Delray Beach, FL Prepared by: ~~ ir~te~l~ger~~e e+~errvhere° Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 60 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test Trunking Features Tall:<~rou~ Call 1. DESCRIPTION The talkgroup call is the primary level of organization for communications on a franked radio system. Radios with talkgroup call capability will be able to communicate with other members of the same talkgroup. Radio users can select between the different talkgroups that are programmed in the radio using a manual switch or keypad. SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 1 2. TEST Step 1. Initiate a clear talkgroup call with RADIO-1. Step 2. Verify communication with RADIO-2. Pass Fail Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 61 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test Trunking Features Console Talk~~roup Call -Clear Vlodc 1. DESCRIPTION A call from a subscriber unit to a console is indicated on each dispatch operator position that has a resource window associated with the channel the subscriber unit is transmitting on. When a subscriber keys on a talkgroup that the console has selected, the subscriber's audio comes out of the select speaker of the console. SETUP RADIO-1 - TALKGROUP 1 CONSOLE-TALKGROUPI 2. TEST Step 1. The console operator selects the TALKGROUP 1 resource window. Step 2. Transmit on RADIO-1 in the clear mode. Step 3. Verify that the console hears audio through the select speaker. Step 4. Transmit on console in the clear mode, verify communication with RADIO-1. Pass Fail Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 62 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test Trunking Features Control Channel Rotation 1. DESCRIPTION In the event that the assigned control channel fails, the Central Controller automatically selects one of the other eligible channels as the active control channel. The Central Controller will automatically rotate the control channel at midnight each night. Assignment of the control channel falls into two categories: assignment when the system comes into franking operation and reassignment after a control channel failure or at assigned rotation times. 2. TEST Step 1. Verify that the control channel is channel 1. Step 2. Front panel disable the active control channel. Step 3. Verify that the control channel has rotated to the next available channel and is processing calls. Step 4. Disable the control channel via the SMT CHAN command. Step 5. Verify that the control channel has rotated to the next available channel and is processing calls. Pass Fail Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 63 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test Signoff Certificate By their signatures below, the following witnesses certify they have observed the In-Field System Verification Test Procedures. Signatures LICENSEE WITNESS: Please Print Name: Date: Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 64 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment D /Functional Acceptance Test ATTACHMENT D RF PERFORMANCE VERIFICATION PLAN Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 65 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment D /Functional Acceptance Test Method I RF Performance Verification Plan The City of Delray Beach trunking system consists of one transmit/receive site and one receive only site, with seven RF channels. These channels are managed by a Primary and Backup Controller. Reconfiguring the trunking system's frequencies will not require substantial changes to the antenna network at the site. RF performance verification procedures for systems of this type are defined by the Transition Administrator (TA) as follows: Method 1 -Repeater Site Measurements This method is appropriate for sites where reconfiguration does not require substantial changes to the antenna or coax feed line. This method can be used if other transmission elements such as transmitter combiners, or filtering devices change, if those changes do not result in a change to the transmit power into the feed line. For those systems where the transmit power to the feed line does not change, it is sufficient to make a series of measurements at the repeater site. This method assumes all existing equipment is specified to operate with comparable losses for the new channels compared to the existing channels. If the antenna bandwidth specifications include the new channels, then the radiated pattern and signal strength should not change assuming that equivalent transmit power is delivered to the antenna. Prior to reconfiguring RF components at a site, measured losses for each component are recorded including the transmit power entering the antenna's transmission line (baseline measurements). The measurements should include the return loss of the transmission line and antenna. After reconfiguration, the same measurements are made and compared to the baseline measurements. If the two sets of measurements are comparable, then RF performance will be comparable. The RF performance verification plan that follows has been designed to closely align with the Transition Administrator's guidance. RF Performance Verification Plan Before a device is rebanded, it will be inspected for any preexisting defects that may impede the rebanding process. Motorola will report all identifiable defects to the City of Delray Beach. It will be the Agency's responsibility to correct these issues through its normal service channels prior to rebanding. Verification Procedures These checks will be performed on each applicable base station prior to changing the frequency. Transmitter Measure and record the frequency. Measure and record the transmit RF power output Measure and record the transmitter modulation deviation. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 66 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment D /Functional Acceptance Test Receiver Measure and record the frequency Measure and record the sensitivity (SINAD or BER). Measure and record the effective receiver sensitivity. These checks were performed on each applicable transmit combiner component prior to changing the frequency. Combiner Measure and record the transmit RF power into each port of the combiner. Measure and record the transmit RF power out of the combiner for each applicable channel. Measure and record the reflected RF power from the antenna. The Tower Mounted Amplifier and Multicoupler checks to perform are: TMA/Multicoupler ^ Measure and record the system gain. ^ Measure and record the bandwidth of filters (*). ^ Measure and record the noise floor in the pass-band (*) Antenna Measure and record antenna bandwidth (*) Sweep and record antenna feed-line (*). If proof of the results for items labeled with an asterisk (*) can be obtained from previous system tests or model number information it can be used for this requirement. Once these tests are completed, the trunking system will be rebanded and the tests repeated. The results of both exercises will be compared and the findings presented to the City of Delray Beach for approval. Per the TA, the "focus of any testing must be on showing if comuarable coverage is achieved". For the two site system, Motorola believes these procedures adequately meet this goal. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 67 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment E / Cuto ver & Fall Back Plan ATTACHMENT E CI7TOVER c~ FALL BACKPLAN Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 68 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment E / Cuto ver & Fall Back Plan Delray Beach, FL 800 MHz System Cutover Plan I. Preliminary Controller Work 1. Create a CASE with the SSC prior to any rebanding activities. 2. Perform codeplug read from SmartNet 3.0 Main and Alternate Central system controllers. 3. Order replacement codeplugs and remote RESC firmware. II. Preliminary Subscriber Test 1. Update/develop and verify rebanding radio templates. 2. Reprogram one radio for each template for preliminary subscriber testing. 3. Verify subscribers communicate properly on existing trunked system. Fallback Plan: If the subscriber fails to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance. III. Subscriber Reconfiguration 1. Reprogram the remaining voice subscribers. 2. Verify subscribers communicate properly on existing trunked system. Fallback Plan: If the subscriber fails to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance. IV. Pre-Rebanding RF Testing 1. Install directional couplers at the output of the transmit combiners at the Delray Beach Police Department. 2. Perform pre-rebanding Method 1 RF Analysis on all seven (7) trunking channels at the Delray Beach Police Department and Hard Drive site and log the data into the Motorola supplied spreadsheet. Prior to the following steps, the Palm Beach County SmartZone 3.0 Zone Controller and Zone Manager Servers must be updated. During this update, the City of Delray Beach will revert to "site trunking." Once the Zone Controller and Servers are back online, the City of Delray Beach will revert back to "Wide Area Trunking." V. Management Terminal Modification 1. Replace System Watch II Management Terminal with a Windows XP certified workstation. 2. Install new System Watch II software. 3. Flash the RF Modem and reprogram. 4. Update the application software of the Zone Manager Client. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 69 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment E / Cuto ver & Fall Back Plan VI. System Controller Update Stage 1. Secure permission from the customer contact prior to doing anything that effects operation. 2. Update the non-active 6809 system Central controller with rebanding firmware, switch the system operation to it and test to assure proper system operation. Fallback Plan: If the active controller does not test or control the system satisfactorily, switch operation to the non-active controller, reinstall the original controller software and contact the PM and System Support Center (SSC) to initiate troubleshooting on the Controller. 3. Update the now non-active 6809 system Central controller with rebanding firmware, switch the system operation to it and test to assure proper system operation. Fallback Plan: If the active controller does not test or control the system satisfactorily, switch operation to the non-active controller, reinstall the original controller software and contact the PM and System Support Center (SSC) to initiate troubleshooting on the Controller. 4. Update Remote site 6809 controllers with rebanding RESC firmware and test to assure proper operation. Fallback Plan: If the remote controller does not test or control the system satisfactorily, reinstall the original Remote Controller software and contact the PM and System Support Center (SSC) to initiate troubleshooting on the Remote Controller. VII. Codeplug One (1) Retune 1. Secure permission from the customer contact prior to doing anything that effects operation. 2. Install Codeplug one (1) into the non-active system Central controller, switch operation to the controller, and disable channels two (2), three (3), and seven (7) at the controller. 3. Test talkgroup calling to ensure the Codeplug is functioning properly. 4. Remove channels two (2), three (3), and seven (7) from service, with local Access Disable, retune repeaters, and combiner two (2) to proper frequencies at the remote site. Retune the associated receivers at the remote receiver site. 5. Return channels two (2), three (3), and seven (7) repeaters to service by enabling the local Access Disable switch at the remote site. 6. Enable channels two (2), three (3), and seven (7) in the controller. 7. Verify control channel rotation by disabling the active control channel and observing a switch to the next non-active control channel. 8. Verify that subscribers communicate on newly retuned channels. Fallback Plan: If the channels fail to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 70 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment E / Cuto ver & Fall Back Plan VIII. Bidirectional Amplifier Reconfiguration 1. Flip the rebanding switch on the BDA at the Delray Medical Center to enable the new band plan. IX. Codeplug Two (2) Retune 1. Install Codeplug two (2) into non-active Central controller, switch operation to the controller, and disable channels one (1), four (4), five (5), and six (6) at the controller. 2. Test talkgroup calling to ensure Codeplug is functioning properly. 3. Remove channels one (1), four (4), five (5), and six (6) from service, with local Access Disable, retune repeaters and combiner one (1) to proper frequencies at the remote site. Retune the associated receivers at the remote receiver site. 4. Return channels one (1), four (4), five (5), and six (6) repeaters to service by enabling the local Access Disable switch at the remote site 5. Enable channels one (1), four (4), five (5), and six (6) in the active Central controller. 6. Verify control channel rotation by disabling the active control channel and observing a switch to the next non-active control channel. 7. Verify that subscribers communicate on newly retuned channels. Fallback Plan: If the channels fail to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance X. Codeplug Three (3) Retune 2. Install Codeplug three (3) into now non-active system Central controller and switch operation to the controller. 3. Test talkgroup calling to ensure the Codeplug is functioning properly. 4. Verify control channel rotation, by disabling the active control channel and observing a switch to the next non-active control channel. 5. Verify that subscribers communicate on newly retuned channels. Fallback Plan: If the channels fail to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance XI. Post Rebanding Testing Stage 1. Perform post-rebanding Method 1 RF Analysis on all seven (7) trunking channels at the Delray Beach Police Department and Hard Drive site and log the data into the Motorola supplied spreadsheet. XII. Zone Manager Update 1. Program new frequencies into Zone Manager. 2. Verify that subscribers communicate on newly retuned channels. Fallback Plan: If the channels fail to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance. XIII. Subscriber Reconfiguration Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 71 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment E / Cuto ver & Fall Back Plan 1. Reprogram the remaining voice subscribers. 2. Verify subscribers communicate properly on existing trunked system. Fallback Plan: If the subscriber fails to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page ~~ Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment F /Project Schedule ATTACHMENT F RECONFIGI7RATIONPROJECTSOHEDULE Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 73 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. 3 ~ - o o N ~ .gyp ~ ~ a w ~ O 7 N ~i y a ~ ~ o s o s ~ P ~ ~ ~ ~., z ° c ~ ~ _ .~ ......... ....... ^ ......... ......... ......... ......... o ......... ......... ......... ......... ......... ......... ......... ......... a ,Y o D o ° 3~ 3 x o 0 0 0 0 0 0 0 0 0 a ° o 0 0 0 ° o ° Q 0 o o x ° 0 0 0 0 o a v o 0 0 0 0 0 0 0 ~3 5 w ~ v ~ ,~ ~ c c c ~ ~ N N a ~ c .~^, c c ~ - ~ N ~ ~ o ~ N N q .N N N o ~ 0 ~ 0 ~ N N N N N ~ N N N N r N N N =' F ~ t, k- ~ F ~ F ~ F F c ~ c ~ ~ F a ~ F ~ F F c ~ c ~ ~ F ~ ~ F: ~ F m F m F F m F ., F ~ ~ ~ ~ F ~ F ~ F ~ F ~ F ~, ~ "-~ ~ k- ~ k- ~ k- r. ~- ~ k- ~ rf.., ~ p, p, ~ G ~ ' 0 in 0 in 0 ~ ° o ~ 0 ~ 0 o 0 ~ 0 0 ~ 0 ~ 0 0 ~ 0 0 ~ 0 ~ 0 ~ 0 y 0 ~ 0 ~ ° ° o o ~ ° ~ ° o 0 0 0 0 0 0 0 0 0 0 ~ 0 ~ 0 ~ 0 ~ ~ 0 ~ 0 ~ 0 ~ 0 ~ _ _ ~. ~. ~. 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VJ VJ C r ~ O G ~ U O N q VJ 2 O '" U ~ ~ O G G v G O G ~ U ~ N 2 O '" ~ ~ U q ~ q '" GO GO ~ 2 F £ v ~ U ~ E ~ U a m - ~ £ v v ~ m E v ~ U ~ U a U N C A E ~ ~ b N ~ E w w o ~ E - £ W ~ ~ ~ F- ~ .~-~ vi Q F ¢ ¢ W ~ ~ ~ .~-~ vi F ~ ~ F- F- ~ 0. J ~ U 0.~ 0.~ k- ~ vTi U ~ o B` , ~~ e - - ~ - - - ~ ~ Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment G /Equipment Return Process ATTACHMENT G EQI7IPMENT RETI7RNPROCESS Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 76 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process MOTOROLA REBANDING EQUIPMENT RETURN PROCESS SUMMARY All of the Motorola replaced subscriber radios and related accessories must be returned to the address below within the days stated in the approved Frequency Relocation Agreement (FRA) or if not specifically stated in the FRA then 30 days of the new subscriber radios and accessories being shipped. Requests for an extension must be sent to bruce.ross(a~motorola.com stating the reason for the request and a proposed new timetable for the returns to be completed. The only exceptions to the return requirement are the cables for trunk mounted mobile radios and mobile antennas which can be discarded on site. Any replaced fixed equipment such as base stations, tower antennas, 6809 boards, firmware, code plugs, computer equipment, system management terminals, Futurecom VRS units, etc must be sent to the Abilene location. Subscriber shipping destinations for Motorola lead Rebanding projects: ~~~~~~~~~~~1 n~~~1~~~ Re ~luc~enu>r~7 2uc/io ~1oYorola Com ~etiti~~e ~1otorola CTDI - El in, IL CTDI - El in, IL Com ~etitive Nextel -Abilene, TX Motorola c/o CTDI 800 MHz Rebanding Project or 2224 Galvin Drive Elgin, IL 60124 BASIC PROCESS Sprint/Nextel 5520 N 1st Street Abilene, TX 79603 1) Serial Number Collection A) Gather the serial numbers of all the radios to be returned in that shipment. The serial number can be read from the label on the back or bottom of the radio. B) If the serial number is not readable on the outside of the radio, obtain the serial number from the radio display or from the programming tool. Affix a separate label to the outside of the radio and write the serial number on the label. C) If the serial number is not obtainable using method "B" above, obtain the serial number from your records or any other method then affix a label to the outside of the radio and write the serial number on the label. D) If the serial number is not obtainable by any method, affix a label to the outside of the radio and write the Nextel Deal Number followed by a two digit sequential number that is unique to each unit (e.g. Ol, 02 etc.) Keep record of the unique numbers used for potential future reference or for reconciliation purposes. 2) Customer Programming If required by the customer, remove customer specific programming from the radios including talk groups. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 04/14/2008 Page 77 Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process 3) Packaging material Reuse the new radio packaging material whenever possible. If reusing packaging material, all existing carrier labels should be removed or covered up. If packaging material is needed then contact Terry Sunday at the Sprint Nextel Abilene warehouse at (800) 599-7255. 4) Packing the equipment Pack the equipment into the boxes in a uniform manner to allow for ease of verification and counts of the equipment at the receiving location. This would include packaging radios such that the serial numbers point outward or upward in the box. This would also include packaging like accessories together in bags or smaller containers with counts noted on the outside of the smaller container which would be placed into the larger box. 5) Packing Slip(s) Create a packing slip for each box by going to https://etosl.ctdi.com/login/ Use your deal number (Example: DL1234567890) as the Logon ID. * * IMPORTANT NOTE: If you have multiple Deal Numbers, it is important to use the one that is associated with replacement of the equipment being returned in this shipment. If in doubt, please contact your Sprint Nextel Project Manager. Use the same deal number as your password. Click on Deal Entry in the top left corner. Enter your contact information and click "Next" Enter the Tracking #, if known. Enter the weight, if known. Select the Make of the item you are returning. Select the Type of the item you are returning. Select the Model of the item you are returning. Input the quantity for that item you are returning. Input the serial numbers, if the items are radios by clicking on the "Enter Serial #s" box. Click the box "Add Line" for the next item to input. When finished inputting the lines then click the "Build Carton". Print the packing slip for each carton and include it inside the carton. Retain a copy of all packing slip(s) for future reference. To retain a soft copy of the packing slip, go to the browser and select File > Edit with Microsoft Word to copy the file to Word. 6) Ship Follow the shipping instructions on the file Rebanding Subscriber Return Shipment Process_l2 20 06_vl.doc Nextel will be billed directly from UPS for the shipping cost. 7) Reconciliation Resolution Be prepared to assist in resolving any reconciliation issues that may arise from the comparison of the returns vs. the replacements. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 04/14/2008 Page 78 Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process REBANDING SUBSCRIBER RETURN PROCESS 1. Go to https://www.camPusshiP.ups.com/cshiP/create 2. Enter User ID: rebanding process (one word -small letters). 3. Enter Password: Sprint (case sensitive). 4. Click Log In. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 04/14/2008 Page 79 Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process 6. Click on "Show All" and scroll down. 7. Click on the correct destination address, then click Select. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 04/14/2008 Page 80 Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process Now click on "Shipper" Edit. Ver. 4. ~ Rev. 04/14/2008 Page 81 Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process Ver. 4. ~ Rev. 04/14/2008 Page 82 Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process 12. A) Choose "UPS Ground Service" and ALWAYS choose "Your Packaging" * * IMPORTANT NOTE: If you have multiple Deal Numbers, it is important to use the one that is associated with replacement of the equipment being returned in this shipment. If in doubt, please contact your Sprint Nextel Project Manager. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 04/14/2008 Page 83 B) Guess and enter the package weight. C) Add your Deal Number. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process Ver. 4. ~ Rev. 04/14/2008 Page 84 Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process 14. Print your label by: A.Checking the "Label" box. B. Clicking View/Print. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 04/14/2008 Page 85 C. Selecting your printer from the print dialog box that appears. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process C 15. Adhere the label to the package and wait for UPS to pickup. D Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 04/14/2008 Page 86 Motorola 800 MHz Rebanding Project City of Delray Beach, FL AttachmentH/Mediation Tracking Detail ATTACHMENT H MEDIATION TRACKING DETAIL Motorola Mediation Support costs have not been included in this reconfiguration proposal. If the Licensee requests mediation support from Motorola, these costs will be submitted via Change Order. Rev. 04/14/2008 Mo[orola Confiden[ial Proprie[ary Page 87 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. MEMORANDUM TO: Mayor and City Commissioners FROM: Brian Shutt, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: June 12, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 FREQUENCY RECONFIGURATION IMPLEMENTATION PHASE AGREEMENT/MOTOROLA ITEM BEFORE COMMISSION The attached agreement provides that Motorola shall perform the frequency reconfiguration of relocating the City's public safety communications system from its existing channels, in the 800 MHz range, to other licensed channels not located in the 800 MHz range. BACKGROUND In 2004 the FCC issued an order modifying its rules regarding the 800 MHz band to minimize harmful interference to public safety communications systems. As a result of the order, public safety communications systems shall cease (after a period of time) using channels in the 800 MHz band. The Commission had previously approved the planning phase of the reconfiguration of the City's public safety communications system in June of 2007. This agreement provides that Motorola shall perform the tasks necessary for the actual reconfiguration of the City's public safety radio communication system. Motorola was chosen to perform the work as the public safety radio equipment and systems are Motorola equipment and systems. This reconfiguration, moving public safety systems out of the 800 MHz band, is occurring nationwide and Nextel is required to pay the cost of the reconfiguration and relocation of channels. Note, under paragraph 14.7 "Governing Law" the venue for actions should read "15~' Circuit Court not "19~' Circuit Court". This change will be made prior to the execution of the agreement by the Mayor. FUNDING SOURCE RECOMMENDATION Staff recommends approval. June 04, 2008 (Revised Reconfiguration Quotation per Customer Request) Katie J. Hartman City of Delray Beach 300 West Atlantic Avenue. Delray Beach, FL 33444 Dear Ms. Hartman, Motorola is pleased to present this proposal for reconfiguration services required to modify your radio system to comply with the Federal Communication Commission's Rebanding Report & Order. The FCC mandates that City of Delray Beach move their 800MHz System frequencies as part of an overall effort by the FCC to reduce interference in the 800MHz band. Motorola will work closely with City of Delray Beach to ensure that we have a complete understanding of your current operational needs and that these are kept at the forefront during planning and while reconfiguring your operational communication system. We will provide a complete evaluation of your system to insure a successful reconfiguration. These considerations are incorporated into the attached rebanding quotation. Our proposal was developed for your 800 MHz communication system based on our understanding of your existing equipment inventory and system configuration. Any variance to this inventory information which results in modifications to the scope of work or schedule will be addressed via a change order. Motorola will commence this reconfiguration effort for the City of Delray Beach system once this proposal is agreed to by Nextel and the rebanding Transition Administrator. As outlined in the guidelines of the Transition Administrator, the attached Statement of Work and accompanying price page should be included with your request for reconfiguration funding forms and faxed to Transition Administrator at 888-701-4380 or via e-mail at Comments(a~800TA.or~. If you have any questions regarding this proposal, please contact your Motorola Rebanding Strategist, Howard Ramey at 404-862- 4239 or your Motorola Account Manager, Troy Hines at 954-723-8912. Regards, .Cee .lVlacc~.raavcd Lee Maynard Motorola Rebanding Lead -Systems Integration Motorola, Inc., Networks & Enterprise 1301 E. Algonquin Road, Schaumburg, IL 60196 Motorola 800 MHz Rebinding Project City of Delray Beach, FL Agreement /Terms & Conditions Reconfiguration Implementation Phase Agreement Motorola, Inc. ("Motorola") and City of Delray Beach ("Customer" or "Licensee"), whose main address is 300 West Atlantic Ave., Delray Beach, FL 33444, enter into this Reconfiguration Implementation Phase Agreement ("Agreement"), pursuant to which Licensee will purchase and Motorola will sell the Reconfiguration Implementation Phase products or services described below, and the parties will perform their duties as described in this Agreement. Motorola and Licensee may be referred to individually as a "Party" and collectively as the "Parties." This Agreement is made with reference to the following recitals. A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a Report and Order FCC 04- 168 that modified its rules governing the 800 MHz band to minimize harmful interference to public safety communications systems. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration FCC 04-294. The August 6 and December 22, 2004 orders, and any supplemental orders issued by the FCC, are collectively referred to as the "Order." B. Pursuant to the Order, certain licensees of 800 MHz channels used in public safety or other systems must relinquish their existing channels and relocate their systems to other licensed channels ("Replacement Channels"); and Nextel Communications, Inc. must relinquish some of its existing channels and must provide and pay relocation funds ("Relocation Funds") to enable affected licensees (like Licensee) to relocate their systems onto Replacement Channels and reconfigure their systems so that they are "Comparable Facilities" (as defined below) C. The FCC has appointed a Transition Administrator (the "TA") to ensure that the rebinding initiative proceeds on schedule and in a planned and coordinated manner so that disruption to a licensee's system is minimized. In the TA's "Reconfiguration Handbook," the two phases to accomplish reconfiguration are described as the "Reconfiguration Planning Phase" and the "Reconfiguration Implementation Phase." This Agreement addresses only the Reconfiguration Implementation Phase. Licensee has selected Motorola to provide the "Reconfiguration Implementation Phase Products and Services" (as defined below). D. The Parties acknowledge that additional products or services may be needed for Licensee to achieve Comparable Facilities, and these additional products maybe provided by other vendors and these additional services may be performed by Licensee's own personnel or by its other contractors. This Agreement describes only the Reconfiguration Implementation Phase Products and Services (and, if applicable, Upgrades) that Motorola is providing to Licensee. E. This Agreement is not intended to, and does not, apply to the delivery of any products or services that are not related to the Reconfiguration Implementation Phase activities. If Licensee desires to purchase from Motorola products or services that are not related to these reconfiguration activities, the Parties will document that transaction in another separate contract. However, Licensee may use this Agreement to purchase upgraded subscriber equipment. Upgrades will be paid with Licensee's own funds and not by Nextel. F. In some transactions with licensees it will be appropriate to complete the Reconfiguration Implementation Phase activities in multiple phases, with the first phase being the delivery and deployment of subscriber equipment and the second phase being all other work. If Licensee and Motorola agree this multi-phase approach is appropriate, then Motorola's Proposal identified below as Exhibit C will address only specific subscriber equipment (including Upgrades, if applicable) and related services, and the Parties will amend this Agreement in the future to add one or more additional Proposals to address the remaining Reconfiguration Implementation Phase work. For good and valuable consideration, the Parties agree as follows: Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 1 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions Section 1 EXHIBITS The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits. Exhibit A Payment Milestone Schedule (as approved by Nextel) Exhibit B System Acceptance Certificate (Inapplicable to Subscriber Only, No Services Transactions) Exhibit C Motorola's Proposal dated October 25, 2007 and Revised June 04, 2008, which includes all of the "Technical and Implementation Documents" such as (if applicable): the "Reconfiguration Products List," the "Reconfiguration Services Statement of Work" or "SOW," including Benchmark Tests, if any, the "Reconfiguration Acceptance Test Plan" or "ATP," and the "Performance Schedule" Section 2 DEFINITIONS In addition to the defined terms above, capitalized terms used in this Agreement have the following meanings: 2.1. "Acceptance Tests" means those tests described in the Reconfiguration ATP, the primary purpose of which is to verify that the Licensee's System has been relocated onto Replacement Channels and reconfigured consistently with this Agreement. 2.2. `Benchmark Tests" means the initial tests performed by Motorola on behalf of Licensee to determine the current condition, capability, and functionality of Licensee's System. Depending on the complexity and specific requirements of the reconfiguration efforts, the Benchmark Tests may include testing of some or all of the following: channel capacity, signaling capacity, baud rate and access time, geographic coverage, penetration, redundancy, and other functional and operational capabilities and limitations of Licensee's existing facilities. The precise requirements of the Benchmark Tests are described in the Reconfiguration Services Statement of Work. Qualified representatives of Licensee may observe the performance of the Benchmark Tests. 2.3. "Comparable Facilities" means, as more fully described at Section 90.699(d) of the FCC's Rules, 47 C.F.R.§90.699(d), and as interpreted by the FCC in its orders and rulings, the Licensee's System (including the subscriber radio equipment) having at least the same operational capabilities that existed before relocation, specifically (1) equivalent channel capacity; (2) equivalent signaling capacity, baud rate, and access time; (3) coextensive geographical coverage; and (4) equivalent operating costs. 2.4. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine- recognizable form, and is marked, designated, labeled or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential or proprietary at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful or negligent act of the receiving party; is already known to the receiving party without restriction when it is disclosed; is, or subsequently becomes, rightfully and without breach of this Agreement, of any other agreement between the Parties or of any applicable protective or similar order, in the receiving party's possession without any obligation restricting disclosure; is independently developed by the receiving party without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing party. 2.5. "Contract Price" means the price for the Reconfiguration Implementation Phase Products and Services, whether set forth in one or multiple Proposals. The Contract Price excludes any applicable sales or similar taxes, and any Rebanding Radios, Non-Kit Accessories, and Flash Kits which will be invoiced directly to Nextel pursuant to Section 5.2.1.1. Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 2 Motorola Proprietary and Conrdential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions 2.6. "Cost Estimate" means the Licensee's certified estimate of costs as provided to Nextel and the TA submitted in conjunction with a request for Relocation Funds to provide Comparable Facilities. 2.7. "Licensee's Final Certification" means the Licensee's final certification to Nextel and the TA certifying that (i) the Acceptance Tests described in the Reconfiguration ATP have been satisfactorily completed, (ii) all necessary reconfiguration work has been satisfactorily completed to provide Licensee with Comparable Facilities, and (iii) Nextel and Licensee have agreed on the sum paid for such relocation of the Licensee's facilities. 2.8. "Customer Suitability Assessment" means the initial assessment services performed by Motorola to determine whether Licensee's System (infrastructure) is suitable for updating using the Motorola Software that has been especially modified for purposes of the 800 MHz band reconfiguration. 2.9. "Effective Date" means that date upon which all Parties have executed this Agreement. 2.10. "Field Services" means the reflashing and installation of a Flash Kit (as defined in Section 3.1.4), firmware, programming, creation of user templates and/or setting of local configurations or other on-site services in accordance with the FCC's 800MHz band plan on Licensee's System. 2.11. "Force Majeure" means a material event, circumstance, or act of a third party (including Nextel or the TA) that is beyond a Party's reasonable control. An act of God, the public enemy, a government entity, or another Party (including another Party's failure to comply with the 800 MHz Rules); strikes or other labor disturbances, general unavailability of necessary materials, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots are examples of a Force Majeure. 2.12. "Infringement Claim" means athird-party claim alleging that the Reconfiguration Implementation Phase Products manufactured by Motorola or any Motorola Software infringes upon the third-party's United States patent or copyright. 2.13. "Motorola Software" means Software that Motorola or its affiliated company owns. 2.14. "Nextel" means Nextel Communications, Inc. and any other affiliate, including Sprint Nextel. 2.15. "Non-Motorola Software" means Software that a party other than Motorola or its affiliated company owns. 2.16. "Non-Kit Accessory" means an accessory that is used for subscriber radios but is not part of the radio kit. 2.17. "Products" means either the hardware, Software, or both, that are provided under this Agreement. 2.18. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to any documents delivered by Motorola under this Agreement or any Motorola Software or equipment. 2.19. "Rebanding Radio" means a Motorola manufactured rebinding subscriber radio product (mobile or portable), including the accessories in the radio kit, that is designed and manufactured specifically for the 800 MHz rebinding initiative and is designated by Motorola with an "RB" model number. 2.20. "Reconfiguration Implementation Phase Products" means those Products to be provided by Motorola under this Agreement. 2.21. "Reconfiguration Implementation Phase Services" means those implementation services to be provided by Motorola under this Agreement. Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 3 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions 2.22. "Reconfiguration Implementation Phase Products and Services" means those Reconfiguration Implementation Phase Products and Reconfiguration Implementation Phase Services that Motorola sells under this Agreement. 2.23. "Software" means the Motorola and Non-Motorola Software in object code format that is furnished under this Agreement, including any releases or software kits to reprogram radios. This Agreement does not involve any source code. 2.24. "Specifications" means the functionality and performance requirements that are described in the Technical and Implementation Documents. 2.25. "System" means the hardware and software products that comprise the Licensee's existing 800 MHz radio communications system. 2.26. "System Acceptance" means the Acceptance Tests have been successfully completed. 2.27. "Trade-In Non-Kit Accessory" means a legacy accessory that is used for aTrade-In Radio but is not part of the radio kit, is owned and has been used by the Licensee, and which will be provided to Motorola as a trade-in in exchange for aNon-Kit Accessory on cone-for-one basis. 2.28. "Trade-In Radio" means a radio (whether manufactured by Motorola or any other manufacturer) that is owned and has been used by a Customer, and which will be provided to Motorola as a trade-in in exchange for a Rebanding Radio on cone-for-one basis. 2.29. "Upgrades" means upgraded features and functionalities to the Rebanding Radios that exceed what Licensee requires for Comparable Facilities. If applicable, the Upgrades are to be paid by Licensee with its own funds, and not by Nextel, and any portion of this transaction related to the Upgrades is not subject to the TA or Nextel oversight. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. 3.1.1. General. The Parties will perform their respective contractual responsibilities in accordance with this Agreement, including the Technical and Implementation Documents. 3.1.2. Licensee Responsibilities. Licensee is responsible for all activities that are reasonable, necessary and prudent to make the Licensee's System satisfy the Comparable Facilities standard. Licensee has selected Motorola to assist it in accomplishing these activities and has determined that the Reconfiguration Implementation Phase Products and Services are necessary for Licensee's System to satisfy the Comparable Facilities standard. 3.1.2.1. Licensee will designate a project manager who will be Licensee's point of contact person. Licensee will employ reasonable efforts to assist Motorola in providing the Reconfiguration Implementation Phase Services, and will provide reasonable and timely access to Licensee's equipment, facilities, personnel and relevant information. 3.1.2.2. Licensee has contracted with Nextel in a Frequency Reconfiguration Agreement ("FRA") which, among other things, contractually obligates Nextel to pay directly to Motorola the Contract Price. Promptly after execution of the FRA, Licensee will provide to Motorola a copy of those portions of the FRA that pertain to Motorola's services, products, pricing and payment, including Schedules C and D to the FRA (redacted if necessary to exclude information not pertaining to Motorola). Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 4 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebinding Project City of Delray Beach, FL Agreement /Terms & Conditions 3.1.2.3. Licensee has submitted its Cost Estimate to Nextel and the TA, and will provide amended certified Cost Estimate(s) to Nextel and the TA if and when appropriate, including when any change order is requested by either Party. For the limited purpose of assisting Nextel and the TA to evaluate Licensee's Cost Estimate, Motorola authorizes Licensee to and Licensee will provide to Nextel and the TA a copy of this Agreement, including the exhibits and pricing, but such information is and remains Motorola Confidential Information as provided below in Section 13 (and pursuant to Non-Disclosure Agreements Motorola has with Nextel and the TA). After the successful completion of the Acceptance Tests described in the Reconfiguration ATP, Licensee will perform any other tests necessary for it to verify that its System meets the Comparable Facilities standard; and upon that verification, will submit Licensee's Final Certification to Nextel and the TA. 3.1.2.4. For the limited purpose of assisting Nextel and the TA to verify consistency concerning the rebinding products and services approved in the FRA and the rebinding Products and services ordered by Licensee and provided to Licensee under this Agreement, either Motorola or Licensee may provide to Nextel and the TA records showing the rebinding Products ordered, shipped, delivered, etc. (or a written summary of these records), and the services performed, but such records shall remain the Confidential Information of the applicable Party as determined by Section 13 below and will be protected under any non-disclosure agreements the Party has with Nextel and the TA. 3.1.3. Motorola Responsibilities. Motorola will provide the Reconfiguration Implementation Phase Products, and perform the Reconfiguration Implementation Phase Services, all in accordance with this Agreement. 3.1.4. Reprogramming. (Note: this section is not applicable to every customer system.) Motorola and Nextel have entered into an agreement (the "Development Services Agreement") to modify and test certain Motorola Software for rebinding because some customer systems have equipment that is capable of being reprogrammed rather than being replaced. The Development Services Agreement is confidential, and nothing in this Agreement is intended to reduce or nullify the confidential nature of the Development Services Agreement. As part of the Development Services Agreement and subject to various requirements, limitations and restrictions, Motorola has agreed to offer "Flash Kits" to appropriate customers so that their equipment may be reprogrammed. Concerning infrastructure equipment, Motorola will provide Flash Kits only if Motorola has performed a Customer Suitability Assessment and has determined that the customer's equipment is suitable for reprogramming. Concerning Motorola-manufactured subscriber equipment, Motorola will provide available Flash Kits without a suitability assessment, but Licensee acknowledges that not all Motorola subscriber models are capable of being reprogrammed. Even if a customer's system is of the type and model that is suitable for reprogramming, if Motorola determines that the customer's system is not on the last release of the Motorola Software, reprogramming might be infeasible or may require supplemental services, hardware, cabling, third party licensing fees, or other equipment to migrate the customer's system to the last supported version of the Motorola Software (referred to as "Direct Installation Services"). If Direct Installation Services are necessary, the Parties will cooperate to negotiate a change order to this Agreement for such services. 3.1.4.1 Based upon the results of the Customer Suitability Assessment, the Reconfiguration Services SOW should indicate if Direct Installation Services are known and needed and, if so, the scope of the Direct Installation Services; and the appropriate number and type of Flash Kits to be ordered from Motorola to match the requirements of Licensee's System and upgrade plan as indicated in the Customer Suitability Assessment; and whether Motorola proposes to perform the Field Services concerning the installation of the Flash Kits. 3.1.4.2. Licensee agrees that its inventory report will be accurate and sufficiently detailed so that Motorola may perform the Customer Suitability Assessment. If the inventory report contains inaccurate, erroneous, or incomplete inventory information, Motorola is not liable for an incorrect or incomplete Customer Suitability Assessment; and any reassessment or consequences caused by Licensee's inaccurate, erroneous, or incomplete inventory information will be the responsibility of Licensee. 3.1.4.3. Motorola is not obligated to (and does not intend to) offer, sell or provide to Licensee the Flash Kits for infrastructure equipment if Motorola does not perform the Customer Suitability Assessment and determines Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 5 Motorola Proprietary and Conrdential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions that Licensee's System is suitable. If Motorola performs the Customer Suitability Assessment and determines that infrastructure equipment in Licensee's System is suitable, and if Motorola performs the Direct Installation Services, if needed, and if Licensee orders the Flash Kits, then Motorola will offer to perform the Field Services (the scope and price of the Field Services will be addressed by means of a change order). To the extent applicable, Motorola's obligations to sell and provide Flash Kits, Direct Installation Services, and/or Field Services will be expressly described in the Reconfiguration Products List and Reconfiguration Services SOW. If they are not so described, then Section 3.1.4 is not applicable to this transaction. Nothing in this Agreement shall restrict or limit a qualified third party service provider selected by Licensee from performing Field Services, but if a party other than Motorola provides the Field Services, the warranty in Section 8.2.2 is inapplicable. 3.2. CHANGE ORDERS. 3.2.1. General. Either Motorola or Licensee may request changes within the general scope of this Agreement which, if agreed, will be reflected in a written change order. A change order is not effective until it is approved by Sprint-Nextel and the TA and is then executed by each of the Parties. Licensee will not execute any change order until it has been approved by Nextel and the TA. The Parties will negotiate in good faith any requested change order. 3.2.2. Reconfiguration Implementation Phase Products and Services. If a requested change causes (or is likely to cause) an increase in the Contract Price: (1) Motorola will provide Licensee with its written estimate of: (a) the scope of the changes to the Products and Services, and (b) the increase in the Contract Price due to the requested change, and (2) Licensee will perform its own analysis of the impact of the requested change on the Contract Price and the necessity of the changes to achieve the Comparable Facilities standard, and (3) Licensee will submit to Nextel and the TA its modified Cost Estimate and proposed FRA change order. Licensee will provide to Motorola a copy of any approvals or rej ections of modifications to the Cost Estimate and to the FRA by Nextel or the TA. 3.2.3. Change Orders Not A~roved by Nextel and the TA. If the commencement of all or a portion of the changed work is authorized in writing by Licensee but the change order is: (i) not submitted by Licensee to Nextel and the TA, or (ii) submitted but not approved by Nextel and the TA, then the authorized change in the work and the Contract Price will automatically convert to a request for additional work to be paid by Licensee with its own funds and the conversion will be without prejudice to Licensee's right to submit or re-submit the change order to Nextel or the TA or to dispute the decision by Nextel or the TA refusing to approve the change order. 3.2.4. Emergency Change Orders. If the subject of a change order involves a total System failure or a critical failure that diminishes radio communications and causes a significant public safety risk and if Motorola and Licensee reasonably conclude that remediation efforts must occur before Licensee obtains Nextel and TA approval, then the Parties will follow the change order process to the extent reasonably practical, Motorola will perform the remediation work described in the Emergency Change Order, Licensee will promptly request approval or ratification of the Emergency Change Order by Nextel and the TA, and if Nextel or the TA withhold approval the Parties will promptly negotiate in good faith equitable compensation. 3.3. MAINTENANCE AND SUPPORT SERVICES. Other than the warranty services described in Section 8, this Agreement does not cover any warranty, maintenance and support services. If Licensee and Motorola wish to address maintenance and support services, they may do so in a separate agreement. 3.4. SOFTWARE. Motorola Software, including subsequent releases and Flash Kits, is licensed to Licensee in accordance with Motorola's applicable standard software license agreement (a copy of which will be provided to Licensee upon request and is incorporated herein by this reference). Non-Motorola Software is licensed to Licensee in accordance with the applicable standard software license agreement of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the applicable Motorola software license agreement, in which case it applies and the copyright owner will have all of Licensoe's rights and protections under that Motorola software license agreement. Motorola makes no Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 6 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions representations or warranties of any kind regarding Non-Motorola Software. Licensee hereby accepts and agrees to abide by all of the terms and restrictions of the applicable software license agreement. 3.5. REBANDING RADIOS AND TRADE-IN RADIOS. Licensee agrees that for each and every Rebanding Radio (and, as applicable, Non-Kit Accessory) that Motorola provides to Licensee under this Agreement (and for each and every upgraded radio that is provided in lieu of a Rebanding Radio by Motorola under any agreement), Licensee shall deliver to Motorola aTrade-In Radio (and, as applicable, Trade-In Non-Kit Accessory) on a one-for- one basis. Licensee will deliver the Trade-In Radios and Trade-In Non-Kit Accessories to Motorola as soon as practical after they are replaced by the Rebanding Radios and Non-Kit Accessories or at a different time mutually agreed by the Parties (but in no event later than 90 days after delivery of the Rebanding (or upgraded) Radio. Title to the Trade-In Radios and Trade-In Non-Kit Accessories shall pass from Licensee to Motorola upon delivery. Licensee acknowledges that Motorola intends to temporarily store the Trade-In Radios and Trade-In Non-Kit Accessories for inspection and inventory by Motorola and Nextel and to destroy them thereafter. Licensee shall be responsible to comply with its asset disposition policies and requirements concerning the Trade-In Radios and Trade-In Non-Kit Accessories. 3.5.1. Licensee's Failure to Deliver Trade-In Radios andlor Trade-In Non-Kit Accessories. If for any reason the number of Rebanding Radios (or upgraded radios) andlor the number of Non-Kit Accessories delivered by Motorola to Licensee exceeds the number of Trade-In Radios andlor the number of Trade-In Non-Kit Accessories delivered by Licensee to Motorola (the "Unmatched Equipment"), then Motorola will notify Licensee of this deficiency and Licensee will at its expense immediately return to Motorola the Unmatched Equipment in the condition received. If Licensee fails to return the Unmatched Equipment to Motorola, then Motorola may charge Licensee for retaining the Unmatched Equipment and the unit price will be the full list price of the most similar non-rebinding Motorola radio andlor Non-Kit Accessory (or such lesser price as Motorola in its sole discretion may determine). Alternatively, Motorola may resort to any other available legal or equitable remedy, including specific performance. Licensee acknowledges that Nextel is not responsible to pay for Unmatched Equipment and Licensee agrees to pay Motorola for the Unmatched Equipment. If Licensee returns the Unmatched Equipment to Motorola but it is not in comparable condition to that received, then Motorola may charge Licensee for the returned used Unmatched Equipment in an amount equal to the diminished value from the condition received and Licensee agrees to pay this amount. Section 4 PERFORMANCE SCHEDULE 4.1. SCHEDULE. The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Licensee represents that it has obtained all necessary approvals (including Nextel, the TA, and if necessary its legislative or governing authority) and authorizes Motorola to proceed with performance of this Agreement. 4.2. DELAYS. No Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party will notify the other Party if it becomes aware of a Force Majeure that will significantly delay performance. The notifying Party will give the notice promptly after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. If Licensee (including its other contractors), Nextel or the TA delays the Performance Schedule, the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Section 5 CONTRACT PRICE, PAYMENT AND INVOICING 5.1. CONTRACT PRICE. 5.1.1. Contract Price. The Contract Price for the Upgrades (if applicable) in U.S. dollars is $0. Licensee agrees to pay the Contract Price for Upgrades and any applicable taxes and acknowledges that Nextel is not obligated to pay for Upgrades and applicable taxes. Motorola will not disclose to Licensee the price for Rebanding Radios (or Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 7 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions RB radio equivalents if they are upgraded), Non-Kit Accessories, and Flash Kits but those items are covered by Section 5.2.1.1 below. The Contract Price in U.S. dollars far all other Reconfiguration Implementation Phase Products and Services is $260,818, as set forth in the Pricing Summary sheets in the applicable Proposal. Licensee represents that (1) its Cost Estimate is sufficient to cover the Contract Price and any applicable sales or similar taxes; and (2) Nextel and the TA have reviewed and approved Licensee's Cost Estimate. 5.1.2. Payment from Nextel; Licensee Not Liable for Contract Price. Except for the Upgrades and applicable taxes, payment of the Contract Price and the price for Rebanding Radios (or RB radio equivalents if they are upgraded), Non-Kit Accessories, and Flash Kits is to come from Nextel and Licensee shall not be liable to pay Motorola these amounts. Notwithstanding the above, if Nextel pays any portion of this amount to Licensee rather than to Motorola, Licensee will immediately forward the payment to Motorola. Motorola agrees to accept direct payments from Nextel if Nextel clearly identifies the applicable Motorola invoice; Motorola further agrees to apply these direct payments from Nextel to the Contract Price. 5.1.3. Motorola's Protections Concerning Payment by Nextel If requested by Motorola, Licensee will execute necessary documents and take all such actions that are reasonable or necessary to promote the prompt payment by Nextel to Motorola. The Parties will cooperate with each other and provide to each other, and to Nextel and the TA, such information (other than Confidential Information, which is governed by Section 13.1) as is reasonable or necessary to facilitate the prompt payment of the Contract Price to Motorola. 5.2. INVOICING AND PAYMENT. 5.2.1. Invoicing. Motorola will send to Licensee correct invoices for Upgrades upon shipment of the upgraded radio, and payment is due within forty-five (45) days of receipt of invoice. Motorola will invoice Nextel for the Rebanding Radios (or RB radio equivalents if they are upgraded), Non-Kit Accessories, and Flash Kits upon shipment in accordance with a confidential agreement between Motorola and Nextel. As to the other Reconfiguration Implementation Phase Products and Services, Motorola will submit correct invoices to Licensee, with a copy to Nextel, in accordance with the pre-approved payment milestones set forth in Exhibit A. Licensee's contact person and address for invoice purposes are: Katie Hartman, City of Delray Beach, 300 West Atlantic Ave., Delray Beach, FL 33444. Licensee may change this contact person or address by written notice to Motorola. Upon receipt of an invoice, Licensee will promptly (but in no event longer than seven (7) calendar days) inspect the invoice, verify whether it correctly states the payment milestone, and notify Nextel in writing (via facsimile or priority overnight carrier) that Licensee approves the invoice and accepts the milestone (the "Approval Notification"). Licensee will attach a copy of the invoice to the Approval Notification. When Licensee sends to Nextel the Approval Notification, Licensee will concurrently provide to Motorola's project manager a copy of the Approval Notification so that Motorola may know approximately when Nextel receives it. If for any reason Licensee disapproves the invoice, Licensee will promptly give written notice to both Motorola and Nextel; the disapproval notice will explain the reasons for Licensee's disapproval. Motorola will promptly correct any inaccurate invoice that Licensee disapproves, and resubmit the corrected invoice using the same process as described above in this paragraph. 5.2.1.1. Motorola will provide to Licensee only a bill of lading for Rebanding Radios, Non-Kit Accessories, and Flash Kits, and provide the applicable invoice directly to Nextel; or Motorola may provide to Licensee an invoice at the typical sales prices/values for these products or at zero dollars ($0) with a notation that reflects the fact that Nextel has paid (or will pay) for these products directly to Motorola. If Motorola presents to Licensee a bill of lading or an invoice as permitted by this Section 5.2.1.1, Licensee will follow the Approval Notification process as described above but may assume the invoice amount is correct (and has no liability for incorrect invoices). 5.2.2. Tax ID Number. Motorola's Federal Tax Identification Number is 36-1115800. 5.2.3. Audit of Licensee's Records. The Order provides that after the reconfiguration work is completed, the TA will perform an audit of Licensee's records and "true up" procedure, whereby the reconfiguration work actually Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 8 Motorola Proprietary and Conrdential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions performed will be examined relative to the reconfiguration work described in Licensee's Cost Estimate, and any payment adjustments will be calculated and made. During this true up procedure, Motorola and Licensee will work together in good faith and will act reasonably in order for Licensee to accurately account for the invoices from and payments to Motorola. If necessary, the Parties will execute a change order to conform the scope of the actual reconfigured work performed to the scope of the contracted reconfigured work; this change order will be submitted for approval and may result in an increase or decrease to the Contract Price. Nothing in this Agreement grants Nextel, the TA, the FCC, any part of the U.S. federal government, or Licensee the right to audit Motorola's records concerning this Agreement or any other matter. 5.3. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will prepay and add all freight charges to the invoices. Title to the Products, excluding Software, will pass from Motorola to Licensee upon shipment. Software is governed by the applicable software license agreement. Risk of loss to Products will pass from Motorola to Licensee upon delivery. Motorola will pack and ship all Products in accordance with good commercial practices. Section 6 SITES AND SITE CONDITIONS (To the extent applicable.) 6.1. ACCESS TO SITES. Licensee will provide any necessary construction and building permits, zoning variances, licenses, and any other approvals related to Licensee's property and equipment that are necessary to develop or use the sites or equipment; and access to the Licensee's work sites as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Reconfiguration Services Statement of Work. 6.2. SITE CONDITIONS. Licensee will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable OSHA and industry standards. To the extent applicable, Licensee will ensure that these work sites have adequate physical space; air conditioning and other environmental conditions; electrical power outlets, distribution and equipment; and telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Products or performing services at a Licensee work site, Motorola will inspect the work site and advise Licensee of any apparent deficiencies or non-conformities with the requirements of this Section. Section 7 SYSTEM ACCEPTANCE (Inapplicable to Subscriber Only Transactions) 7.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Licensee at least five (5) business days notice before the Acceptance Tests commence. Acceptance testing will occur only in accordance with the Reconfiguration ATP. 7.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, Licensee and Motorola will memorialize this event by promptly executing the System Acceptance Certificate. If Licensee reasonably believes that the completed Acceptance Tests have failed, Licensee will provide to Motorola a written notice that includes the specific details of the failure. If Licensee does not provide to Motorola the notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance, but will be corrected according to a mutually agreed punch list schedule. 7.3. FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance and when all Motorola deliverables have been delivered and all Motorola work as described in this Agreement has been completed, including but not limited to Motorola's correction of any and all omissions or variances identified pursuant to Sec. 7.2. When Final Project Acceptance occurs, Licensee and Motorola will promptly memorialize this final event by so indicating in the appropriate place on the System Acceptance Certificate. 7.4. COPIES TO NEXTEL AND THE TRANSITION ADMINISTRATOR. Licensee will provide to both Nextel and the TA a copy of all executed System Acceptance Certificates. Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 9 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions Section 8 REPRESENTATIONS AND WARRANTIES (To the extent applicable.) 8.1. EQUIPMENT AND PARTS WARRANTY. 8.1.1. Equipment. For one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first, Motorola warrants that newly manufactured equipment it provides under this Agreement will be free from material defects in materials and workmanship under normal use and service. As used in Section 8, the term `Beneficial Use" means use for the intended purpose, excluding testing and training. This Agreement does not create or extend any warranties concerning equipment that was part of the System and was already in service at the Effective Date. For upgraded radios, the warranty period will be two (2) years rather than one (1) year. 8.1.2. Parts. For ninety (90) days from the date of shipment to Licensee, Motorola warrants that component parts and boards that it provides under this Agreement will be free from material defects in materials and workmanship under normal use and service. 8.2. MOTOROLA SOFTWARE WARRANTY. 8.2.1. Standard Software Warranty in Newly Manufactured Equipment. For one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first, Motorola warrants the unmodified Motorola Software installed or embedded in newly manufactured equipment and delivered under this Agreement, when used properly and in accordance with the product documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Motorola Software. Whether a defect occurs will be determined solely with reference to the published product documentation. Except as provided in Section 8.2.2, this Agreement does not create or extend any warranties concerning Software that was part of the System and was already in service at the Effective Date. For Software in upgraded radios, the warranty period will be two (2) years rather than one (1) year. 8.2.2. Special Motorola Software Warranty. This special Motorola Software warranty applies only to (i) Flash Kits for subscriber radios if Motorola receives Licensee's order for the appropriate number and type of Flash Kits and performs the Field Services concerning the subscriber radios; and to (ii) Flash Kits for infrastructure Equipment if Motorola performs the Customer Suitability Assessment, determines in writing that Licensee's System is suitable, performs the Direct Installation Services, if needed, receives Licensee's order for the appropriate number and type of Flash Kits, and performs the Field Services concerning the infrastructure equipment. THE MOTOROLA SOFTWARE THAT IS MODIFIED UNDER THE DEVELOPMENT SERVICES AGREEMENT (EXCLUDING SPECIAL FEATURES AND OTHER SOFTWARE THAT IS OUTSIDE THE SCOPE OF THE DEVELOPMENT SERVICES AGREEMENT), WHEN INSTALLED BY MOTOROLA, WILL PERFORM IN ALL MATERIAL RESPECTS AND WILL INCLUDE MATERIALLY ALL FEATURES AND FUNCTIONALITY AS THE LAST MOTOROLA-SUPPORTED VERSION OF MOTOROLA SOFTWARE IN THE SYSTEM AND SUBSCRIBER EQUIPMENT WHICH IS BEING UPDATED AND/OR REPLACED. TO FURTHER AND SPECIFICALLY CLARIFY, MOTOROLA IS MAKING CHANGES, UPDATES AND MODIFICATIONS TO THE LAST MOTOROLA-SUPPORTED VERSION OF THE MOTOROLA SOFTWARE, AND IT IS THOSE CHANGES (REBANDING CHANGES) THAT MOTOROLA WARRANTS WILL RESULT IN MATERIALLY THE SAME FEATURES AND FUNCTIONALITY VERSUS THE LAST MOTOROLA- SUPPORTED VERSION OF THE MOTOROLA SOFTWARE. THE PARTIES MUTUALLY UNDERSTAND THAT MOTOROLA IS NOT PROVIDING A WARRANTY FOR ANY CHANGES OR LOSS IN FEATURES AND FUNCTIONALITY ("GETTING TO THE BASELINE LAST RELEASE") THAT MIGHT RESULT FROM FIRST HAVING TO UPGRADE ANY EXISTING LEGACY SYSTEM OR EQUIPMENT TO THE LAST MOTOROLA-SUPPORTED VERSION OF THE MOTOROLA SOFTWARE (PRIOR TO MAKING THE REBANDING MODIFICATIONS THAT ARE THE SUBJECT OF THE DEVELOPMENT SERVICES AGREEMENT). LICENSEE WILL HAVE NINETY (90) DAYS Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 10 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions FROM SYSTEM ACCEPTANCE OR BENEFICIAL USE OF THE MOTOROLA SOFTWARE, WHICHEVER OCCURS FIRST, TO NOTIFY MOTOROLA IN WRITING OF A SOFTWARE WARRANTY CLAIM AS PROVIDED IN THE PRECEDING TWO SENTENCES. AFTER RECEIPT OF THE NOTICE, MOTOROLA WILL MAKE A GOOD FAITH INVESTIGATION OF THE WARRANTY CLAIM; AND IF THIS INVESTIGATION CONFIRMS A VALID WARRANTY CLAIM, MOTOROLA WII,L (AT ITS OPTION AND AS ITS SOLE OBLIGATION AND THE CUSTOMER'S EXCLUSIVE REMEDY) EITHER (1) CORRECT THE SOFTWARE DEFECT WITHOUT FURTHER CHARGE TO NEXTEL OR LICENSEE; (2) ACCEPT A RETURN OF THE EQUIPMENT THAT CONTAINS THE DEFECTIVE SOFTWARE AND OFFER TO EXCHANGE AN EQUIVALENT PRODUCT PURSUANT TO THIS AGREEMENT AND PROVIDE A CREDIT AGAINST THE PURCHASE PRICE IN THE AMOUNT EQUAL TO THE DIMINUTION IN VALUE OF THE EQUIPMENT CONTAINING THE DEFECTIVE SOFTWARE; OR (3) PAY TO LICENSEE AN AMOUNT EQUAL TO THE DIMINUTION IN VALUE OF THE EQUIPMENT CONTAINING THE DEFECTIVE SOFTWARE. THIS ACTION WILL BE THE FULL EXTENT OF MOTOROLA'S LIABILITY FOR THIS SOFTWARE DEFECT WARRANTY CLAIM. . 8.2.3. Flash Kit Medium Warranty. For 120 days from the date of shipment to Licensee or until System Acceptance if Motorola is performing the Field Services, Motorola warrants that the Flash Kit medium (i.e., the disks and/or dongles) that it provides under this Agreement will be in usable condition. To assert a warranty claim under this Section 8.2.3, Licensee must notify Motorola in writing of the claim before the expiration of the warranty period. Upon receipt of this notice, Motorola will provide a replacement Flash Kit medium to Customer as its sole and exclusive remedy for a breach of this Flash Kit Medium warranty. 8.3. RECONFIGURATION SERVICES WARRANTY. Motorola is not providing any new or additional warranties or extensions concerning Licensee-owned equipment or previously installed Software that is modified by the Reconfiguration Implementation Phase Services (except as provided in Section 8.2.2, if applicable). However, if that equipment or Software is covered under a written warranty or a maintenance contract between Licensee and Motorola that was entered into prior to the Effective Date, this Agreement does not adversely affect those pre- existing rights of Licensee. For ninety (90) days from the date of System Acceptance, Motorola warrants that the Reconfiguration Implementation Phase Services were performed in a good and workmanlike manner. THIS RECONFIGURATION SERVICES WARRANTY DOES NOT COVER ANY SERVICES OR DUTIES PERFORMED OR OWED BY NEXTEL, LICENSEE, OR ANY OTHER CONTRACTOR HIRED BY THEM. MOTOROLA DOES NOT WARRANT THAT LICENSEE'S SYSTEM WILL BE COMPARABLE FACILITIES AFTER THE RECONFIGURATION WORK IS COMPLETED. IF LICENSEE BELIEVES ITS SYSTEM DOES NOT ACHIEVE COMPARABLE FACILITIES STATUS AFTER THE RECONFIGURATION WORK IS COMPLETED, IT MAY REQUEST FURTHER CHANGE ORDERS TO ACHIEVE COMPARABLE FACILITIES, THE CONTRACT PRICE WILL BE INCREASED ACCORDINGLY, AND ANY DISPUTE IN THIS MATTER WILL BE SUBMITTED TO THE TRANSITION ADMINISTRATOR FOR NON-BINDING MEDIATION AND RESOLUTION. 8.4. EXCLUSIONS TO EXPRESS WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from use of the Products in other than their normal, customary, and authorized manner; misuse, accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; or Licensee's failure to comply with all applicable industry and OSHA standards, (ii) interoperability of Reconfigured Products with other subsystems (e.g., a CAD); (iii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iv) batteries or other consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 8.5. WARRANTY CLAIMS. To assert a warranty claim (other than concerning Section 8.2.2 or 8.2.3), Licensee must notify Motorola in writing of the claim before the date which is thirty (30) calendar days after the expiration of the warranty period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 11 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Licensee) repair the defective Product (or part), replace it with the same or equivalent Product (or part), or re-perform the Reconfiguration Services. This action will be the full extent of Motorola's liability hereunder and constitutes Licensee's sole remedy. Repaired or replaced Product and parts are warranted for the balance of the original applicable warranty period. All replaced Products or parts will become the property of Motorola. 8.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original end user and are not assignable or transferable. 8.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE PRODUCTS, EQUIPMENT, MOTOROLA SOFTWARE, AND RECONFIGURATION SERVICES PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR THE FOREGOING EXPRESS WARRANTIES, THE PRODUCTS, EQUIPMENT, MOTOROLA SOFTWARE, AND RECONFIGURATION SERVICES ARE PROVIDED "AS IS" AND MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOTOROLA DOES NOT WARRANT THAT LICENSEE'S USE OF THE MOTOROLA SOFTWARE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. MOTOROLA MAKES NO WARRANTIES CONCERNING NON-MOTOROLA SOFTWARE. LICENSEE IS RESPONSIBLE FOR, AND MOTOROLA MAKES NO WARRANTY CONCERNING, THE BACK-UP AND DISASTER RECOVERY PROCEDURES, FACILITIES AND EQUIPMENT, OR DATA ENTRY AND LOADING. MOTOROLA DOES NOT WARRANT THAT THE SYSTEM OR EQUIPMENT OR SOFTWARE IN THE SYSTEM THAT IS MODIFIED BY THE RECONFIGURATION SERVICES, OR ANY NEWLY PROVIDED EQUIPMENT OR SOFTWARE, WILL SATISFY THE COMPARABLE FACILITIES STANDARD; THAT DETERMINATION IS FOR LICENSEE TO MAKE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. Section 9 DISPUTES 9.1. SETTLEMENT PREFERRED. Except as otherwise required by the Order (e.g., Cost Estimate disputes) and except for a claim relating to intellectual property or breach of confidentiality provisions, the Parties, through their respective project managers, will attempt to settle any dispute arising from this Agreement through consultation and good faith negotiation. The dispute will be escalated to appropriate higher level managers of the Parties, if necessary. If cooperative efforts fail, the dispute will be mediated by a mediator chosen by the Parties within thirty (30) days after notice by one of the Parties demanding non-binding mediation. The Parties will not unreasonably withhold their consent to the selection of a mediator and will share the cost of the mediation equally; may postpone mediation until they have completed some specified but limited discovery about the dispute; and may replace mediation with another form ofnon-binding alternative dispute resolution ("ADR"). 9.2. LITIGATION. A Party may submit to a court of competent jurisdiction in the state in which the System is installed any claim relating to intellectual property or a breach of confidentiality provisions and any dispute that cannot be resolved between the Parties through negotiation or mediation within two (2) months after the date of the initial demand for non-binding mediation. Each Party consents to jurisdiction over it by that court. The use of ADR procedures will not be considered under the doctrine of laches, waiver, or estoppel to affect adversely the rights of either Party. Either Party may resort to the judicial proceedings described in this section before the expiration of the two-month ADR period if good faith efforts to resolve the dispute under these procedures have been unsuccessful; or interim relief from the court is necessary to prevent serious and irreparable injury to the Party. Section 10 DEFAULT AND TERMINATION If a Party fails to perform a material obligation under this Agreement, the other Party to whom performance is due may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. The defaulting Party will Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 12 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, to provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the cure plan. If Licensee is the defaulting Party, Motorola may stop work on the project until it approves the cure plan or receives payment. If a defaulting Party fails to cure the default, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non-defaulting Parties any of its Confidential Information. Non-defaulting Parties will mitigate damages. Section ll INDEMNIFICATION 11.1. POTENTIAL DAMAGE TO EXISTING EQUIPMENT. Licensee acknowledges that Motorola, Licensee's employees, or others might cause damage to equipment that is part of Licensee's System when performing the Reconfiguration Services, and that such damage may occur in the absence of negligence by any party. Motorola is not responsible for damage to equipment unless it is caused by Motorola's negligence or intentional wrongdoing, in which case Motorola at its option will repair or replace the damaged equipment or refund its fair market value. Before Licensee asserts a damage claim against Motorola under this section, it will first investigate the cause of the damage and the investigation must result in adequate proof that the damage was caused by the intentional wrongdoing or negligence of Motorola, its employees, agents or subcontractors. If an investigation reveals that Motorola was not negligent but nevertheless damage is caused to equipment that is covered by an existing warranty andlor maintenance agreement, Motorola shall repair or replace the damaged equipment under such warranty andlor maintenance agreement. 11.2. INDEMNITY BY MOTOROLA. Motorola will defend at its expense and hold harmless Licensee against any claim, suit, demand, or cause of action brought by a third party against Licensee that is based on and to the extent it is caused by the negligence or willful misconduct of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, and which results in personal injury, death, or direct damage to tangible property ("Motorola Claim"). Motorola will indemnify Licensee from any liability, judgment, awards and damages resulting from a Motorola Claim and pay all losses, expenses or direct damages incurred by Licensee and caused by the Motorola Claim. The foregoing indemnity is conditioned on (i) Licensee giving Motorola prompt, written notice of any Motorola Claim, and providing to Motorola cooperation (and, if requested, reasonable assistance) in the defense of the Motorola Claim; and (ii) Motorola having sole control in the defense of the Motorola Claim and all negotiations for its settlement or compromise. Motorola will have no indemnity liability for the negligence or fault of Licensee, its other contractors, Nextel, or the TA, or any of their employees, agents or representatives. This section states the full extent of Motorola's general indemnification from liabilities that are in any way related to Motorola's performance under this Agreement. If a third party asserts a claim against both Parties, each Party will defend itself and will pay the claim to the extent of its percentage liability. For example, if the Parties have equal liability for the claim, they each will pay one-half of the amount plus their own defense costs. 11.3. PATENT AND COPYRIGHT INFRINGEMENT. 11.3.1. Motorola will defend at its expense any suit brought against Licensee to the extent that it is based on an Infringement Claim, and Motorola will indemnify Licensee for those costs and damages finally awarded against Licensee for an Infringement Claim. Motorola's duties to defend and indemnify are conditioned upon: Licensee promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; Licensee providing to Motorola cooperation and, if requested, reasonable assistance in the defense of the Infringement Claim. 11.3.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense procure for Licensee the right to continue using the Products, replace or modify them so that they become non-infringing while providing functionally equivalent performance, or grant Licensee a credit for the Products as depreciated and accept their return. Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 13 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions 11.3.3. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon the combination of the Products with any software, apparatus or device not furnished by Motorola; the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Products; any Product that is not Motorola's design or formula; a modification of the Motorola Software by a party other than Motorola; the failure by Licensee to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement and of which Motorola has provided notice to Licensee, or, to the extent that the Infringement Claim could have been avoided or losses diminished if Licensee implemented Motorola's new Products as part of the reconfiguration rather than modifying existing or used products. This section states the entire liability of Motorola for infringement of patents and copyrights by the Products or any parts thereof. Section 12 LIMITATION OF LIABILITY 121 Licensee acknowledges that the limitations set forth in this Section are integral to the prices being charged by Motorola under this Agreement, and that if Motorola assumed further liability other than as set forth in this Section 12, the prices would of necessity be set substantially higher. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision in this Agreement. Except for personal injury or death caused by newly manufactured Motorola Products, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, contribution, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the Contract Price. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF THE PRODUCTS, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. ALL CLAIMS BY A PARTY AGAINST ANOTHER PARTY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, MUST BE BROUGHT WITHIN TWO YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUES EXCEPT FOR MONEY DUE UPON AN OPEN ACCOUNT. Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply in those states. However, the Parties intend for this Section 12 to apply to the maximum extent allowed under applicable law. 12.2. SOVEREIGN IMMUNITY. Section 768.28, Florida Statutes, shall be deemed as controlling with respect to any actions in tort naming Licensee as a defendant, and nothing in this Agreement or in this Section shall be construed as constituting a waiver of the sovereign immunity conferred on Licensee by said statute. Section 13 CONFIDENTIALITY AND PROPRIETARY RIGHTS 13.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the Parties may provide each other with Confidential Information. Any inventory report or Customer Suitability Assessment concerning Licensee's System that Motorola prepares for and delivers to Licensee shall be the Confidential Information of Licensee unless otherwise agreed by the Parties in writing. Any other document concerning the reconfiguration of Licensee's System that Motorola prepares for and delivers to Licensee under this Agreement (collectively, "Documentary Deliverable") shall be the Confidential Information of Motorola unless otherwise agreed by the Parties in writing, 13.1.1. Non-Disclosure. Subj ect to applicable public records laws including but not limited to Ch 119. FL Stat. and the rules of the FCC and TA, each Party will: maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; except as such Confidential Information is deemed not exempt from disclosure under Florida Public Records law by a court of competent jurisdiction; restrict disclosure of Confidential Information to its employees who have a "need to know" and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 14 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions informing its employees who have access to it that it is confidential and not to be disclosed to others, but these precautions will not be less than reasonable care. The confidentiality restrictions and obligations contained herein shall be in addition to any confidentiality restrictions or obligations contained in any other agreement (whether prior to, contemporaneous or subsequent to the date of this Agreement) between Motorola on the one hand and the TA, Nextel or Licensee on the other hand, as well any protective order or confidentiality restrictions or rules issued by the FCC or the TA. 13.1.2. Use. Unless otherwise provided in this Agreement, a Party may use the Confidential Information of the other Parry only in furtherance of the performance of this Agreement or any other agreement between the Parties. Notwithstanding the preceding sentence, Motorola may use the information in any inventory report or Customer Suitability Assessment for its own business purposes or to assist Licensee or its other contractors or consultants in the overall effort to plan and reconfigure Licensee's System. Except for a Documentary Deliverable, Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is hereby given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement or any other agreement between the Parties, or as required by Florida Public Records law, or allowed by the FCC or the Transition Administrator. 13.2. PRESERVATION OF MOTOROLA' S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software. Nothing in this Agreement is intended to restrict the Proprietary Rights of Motorola, any owner of Non-Motorola Software, or any third party manufacturer of Equipment. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Licensee the Products or services remain vested exclusively in Motorola, and this Agreement does not grant to Licensee (or Nextel) any shared development rights of intellectual property. Except as explicitly provided in the applicable Software License Agreement, Motorola does not grant to Licensee (or Nextel), either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. Licensee (and Nextel) will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence will not apply to Open Source Software, if any, which is governed by the standard license of the copyright owner. Section 14 GENERAL 14.1. TAXES. The Contract Price does not include any amount for taxes, assessments or duties, all of which will be paid by Nextel or by Licensee as to the Upgrades, except as exempt by law. 14.2. ASSIGNABILITY AND SUBCONTRACTING. No Party may assign this Agreement without the prior written consent of the other Party. Motorola may subcontract any portion of the work, provided Motorola provides to Licensee a list of subcontractors sufficiently in advance of the start of the work to allow Licensee to perform security and background checks. Subcontracting will not relieve Motorola of its duties under this Agreement. Licensee reserves the right to deny access to any subcontractor other than those approved in advance by Licensee; provided that, authorized Motorola Service Shops shall be deemed approved by Licensee. 14.3 WAIVER. Failure or delay by a Party to exercise any right or power under this Agreement will not operate as a waiver of the right or power. For a waiver of a right or power to be effective, it must be in writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 14.4. SEVERABILITY. If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 15 Motorola Proprietary and Conrdential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. 14.5. INDEPENDENT CONTRACTORS. Each Party is an independent contractor with respect to the other, and a Party and its personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement grants a Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or in any way be interpreted as a joint venture, partnership or formal business organization of any kind. 14.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement is an arm's length transaction and will be fairly interpreted in accordance with its terms and conditions and not for or against a Party. 14.7. GOVERNING LAW. This Agreement and the rights and duties of the parties will be governed by and interpreted in accordance with the laws of the State of Florida without regard to its Conflicts of Laws provisions. For the adjudication of any disputes arising under this Agreement, the Parties hereby consent to personal jurisdiction and venue in the 19th Circuit Court in the State of Florida, or, if in federal court, in District Court for the Southern District of Florida. 14.8. ENTIRE AGREEMENT. This Agreement, including all Exhibits and the applicable Software License Agreement, constitutes the entire agreement of the Parties regarding the subject matter of this Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to that subject matter (but not any other product sales, software license, or maintenance and support agreements). This Agreement maybe amended or modified only by a written instrument signed by authorized representatives of the Parties. 14.9. NOTICES. Notices required to be given by a Party to the others must be in writing and either delivered in person or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt: Motorola Licensee Attn: Attn: Fax: Fax: 14.10. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Licensee will obtain and comply with all FCC licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. 14.11. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents to the other that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 16 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions 14.12. VOLUNTARY AGREEMENT. Each Party represents and warrants that it is fully aware of the terms contained in this Agreement and has voluntarily entered into this Agreement, having had a full and fair opportunity to seek the advice of counsel and other professionals or consultants as it considers necessary. 14.13. NO LIENS. Motorola agrees not to lien Licensee's System to secure payment of the Contract Price. 14.14. SURVIVAL OF TERMS. The following provisions survive the expiration or termination of this Agreement for any reason: Section 3.4 (Software); Section 3.5 (Rebanding Radios and Trade-In Radios); if any payment obligations exist, Section 5 (Contract Price, Payment and Invoicing); to the extent applicable, Section 8 (Representations and Warranties); Section 9 (Disputes); Section ll (Indemnification); Section 12 (Limitation of Liability); and Section 13 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 14. The Parties hereby enter into this Agreement as of the Effective Date. Licensee By: Name: Title: Date: Nextel Assigned Deal Number: Reconfiguration Implementation Phase Agreement Motorola By: Name: Title: Date: rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 17 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions Exhibit A Payment Milestone Schedule Depending on the Contract Price set forth in Section 5.1.1, the following payment milestones apply: 1. Contract Price < $300,000 Mobilization (i.e., contract execution) 50% Motorola SOW Complete/System Acceptance 50% 2. Contract Price $300,000 to $1,000,000 Mobilization (i.e., contract execution) 35% Complete Programming & Installation of Subscriber Equipment 45% Motorola SOW Complete/System Acceptance 20% 3. Contract Price > $1,000,000 Mobilization (i.e., contract execution) 35% Shipment of Subscriber Equipment 20% Complete Programming & Installation of Subscriber Equipment 15% Complete Rebanding Infrastructure/Final Cutover 15% Motorola SOW Complete/System Acceptance 15% Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 18 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions Exhibit B System Acceptance Certificate Licensee Name: City of Delrav Beach, Florida Project Name: Motorola 800 MHz. Rebandin~ Proiect This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Licensee acknowledge that: 1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed. 2. The System is accepted. Licensee Representative: Signature: _ Print Name: Title: Date: Motorola Representative: Signature: _ Print Name: Title: Date: FINAL PROJECT ACCEPTANCE: Motorola has provided and Licensee has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance. Licensee Representative: Signature: _ Print Name: Title: Date: Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 19 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola Representative: Signature: _ Print Name: Title: Date: Motorola 800 MHz Rebanding Project City of Delray Beach, FL Agreement /Terms & Conditions Exhibit C Motorola's Proposal Including the Technical and Implementation Documents Reconfiguration Implementation Phase Agreement rev06.02.08 KEM FINAL Rev. 06/04/2008 Page 20 Motorola Proprietary and Conridential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work ir~te~{fger~~e ~+~~r~rhere~ City of Delray Beach, FL Seven Channel, Single Transmit/Two Receives Sites, T~unking Voting System Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 21 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Table of Contents 1.0 Introduction 2.0 System Description 3.0 Intermodulation Study (IM) 4.0 System Inventory and Suitability Assessment 5.0 Inte~ope~ability 6.0 Implementation Plan fog System Reconfiguration 7.0 Motorola Professional Services 8.0 Local Service Support 9.0 Notification and Conditions fog Work 10.0 Licensing 11.0 Risks 12.0 Mediation 13.0 System Acceptance 14.0 Reconfiguration Pricing Attachments Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Pie ~~ arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work L O INTRODUCTION This document provides the deliverables as described in the Reconfiguration Planning Statement of Work as well as the proposal to reconfigure the City of Delray Beach radio communications system. 2.O SYSTEMDESCRIPTION The City of Delray Beach operates a seven channel trunking voting system with a single transmit/receive site and receive only site connected to the Palm Beach County SmartZone switch. This subsystem consists of one transmit/receive site and one receiver only site. The system's transmit/receive site is located at the Delray Beach Police Department and utilizes two transmit combiners, two transmit antennas, one receive antenna, and one towertop amplifier / receive multicoupler. The system's receive only site is identified as the Hardrives Site and utilizes one receive antenna and one tower-top amplifier /receive multi-coupler. The Palm Beach County SmartZone Controller must be rebanded before the Delray Beach infrastructure can be rebanded. The rebanding of the Palm Beach County SmartZone Controller is in a separate FRA proposal and is not part of this proposal. The network management system consists of one System Watch II terminal and a Zone Manager client. The City of Delray Beach has one Gold Elite dispatch center located at the Delray Beach Police Department. The dispatch center has four Gold Elite operator positions. These consoles will not be affected by rebanding; therefore no provisions for the reconfiguration of these consoles are included in this proposal. A single Bidirectional Amplifier is being installed in the Delray Medical Center. There are 506 portable radios and 77 mobile radios affiliated with the system. ASSUMPTIONS This quotation to provide rebanding services to the City of Delray Beach is based upon information supplied by the City of Delray Beach or those authorized to act on its behalf. Motorola deems this information credible, accurate and current. Any missing information should be provided to Motorola as soon as possible. Any unconfirmed information should be validated as soon as possible. Inaccurate information could alter or modify the terms of this quotation. Motorola understands that the City of Delray Beach will negotiate directly with Sprint-Nextel for any parts inventory items stocked by the City of Delray Beach and its representatives used to maintain their system. Therefore, these items have not been included as part of this proposal. Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 06/04/2008 Page 23 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work FREQUENCIES As provided by the City of Delray Beach, the following table(s) lists the original transmit and receive (TX/RX) frequencies in MHz, and the corresponding post rebanding frequencies as assigned to the customer, listed by site (as they appear in the control channel list): Trunking Frequencies Delra Beach Police De artment Original After re-banding Channel # Transmit frequency, MHz Receive frequency, MHz Transmit frequency, MHz Receive frequency, MHz 1 868.1500 823.1500 853.1500 808.1500 2 867.6750 822.6750 852.6750 807.6750 3 867.0750 822.0750 852.0750 807.0750 4 866.7750 821.7750 851.7750 806.7750 5 866.3750* 821.3750 851.3750** 806.3750 6 868.6750 823.6750 853.6750 808.6750 7 866.5750 821.5750 851.5750 806.5750 Notes: Those frequencies impacted by rebanding are marked in bold. Base Station Identifier pre-rebanding -this is not a control channel. Base Station Identifier post rebanding -will not cause a change in the control channel list. Trunking Frequencies Hardrives Site Original After re-banding Channel # Transmit frequency, MHz Receive frequency, MHz Transmit frequency, MHz Receive frequency, MHz 1 N/A 823.1500 N/A 808.1500 2 N/A 822.6750 N/A 807.6750 3 N/A 822.0750 N/A 807.0750 4 N/A 821.7750 N/A 806.7750 5 N/A 821.3750 N/A 806.3750 6 N/A 823.6750 N/A 808.6750 7 N/A 821.5750 N/A 806.5750 Notes: Those frequencies impacted by rebanding are marked in bold. FIXED NETWORK EQUIPMENT Motorola collected detail on the fixed network equipment. Highlights of the inventory gathered at each site are as follows: Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 24 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Delray Beach Police Department Main Central Controller Alternate Central Controller Remote Controller Repeater Model Transmit Combiner #1 Transmit Combiner #2 Transmit Antenna #1 Transmit Antenna #2 Receive Antenna Tower Top Amplifier Receive Multicoupler Hardrives Site Remote Controller Receiver Model #1 Receiver Model #2 Tower Top Amplifier Receive Multicoupler Receive Antenna Delray Medical Center Bidirectional Amplifier SmartNet II Plus 6809 SmartNet II Plus 6809 SmartNet II Plus 6809 Quantar Non-IR T5365A Celwave WIJD860-SS Celwave WIJD860-45 Celwave BMR10-H-Bl Celwave BMR10-H-Bl Celwave BMR12-0 Celwave TDF7816A Celwave TDF7816A SmartNet II Plus 6809 Quantar Non-IR T5365A ASTRO-TAC T5589A Celwave TDF7816A Celwave TDF7816A Celwave BMR12-0 Bird Technologies 62-90A-A03-03-G3-RB 3.O INTERMODULATIONSTUDY (IM) Intermodulation (IM) products are generated whenever two or more transmit frequencies mix together. If there is more than one transmitting frequency at a site, an IM analysis is necessary to check for possible IM interference problems. This IM study has been performed to predict IM products that could be generated as a specific result of adding the newly proposed frequencies as listed in the Transition Administrators Frequency Proposal Report (FPR), to the existing sites. Please see the complete Intermodulation Study; Attachment A. 4.O SYSTEMINi~ENTORYAND SUITABILITYASSESSMENT Motorola completed detailed audits of the customer's system inventory and a Suitability Assessment Impact Report (SAIR) has been produced based on that data collection. The proposed rebanding operation is based on specific impacts anticipated for this system and all of its components. Specifically the report indicates whether each of these system components may be easily retuned, whether they first require reprogramming to allow retuning, or whether they must be replaced to accomplish the migration to the new frequencies prescribed in the FCC order. Please review the Suitability Assessment Impact Report; Attachment B. S. O INTEROPERABILITY The City of Delray Beach has indicated interoperability requirements with Palm Beach County, the City of Boca Raton and the City of Boynton Beach for this trunked radio system. In addition, Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 25 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work the City of Delray Beach has talkgroups from Palm Beach County, the City of Boca Raton and the City of Boynton Beach programmed into its radios. If Palm Beach County, the City of Boca Raton and the City of Boynton Beach system are not rebanded with or before that of the City of Delray Beach, then an additional reprogramming may be required. The cost of this additional programming has not been included in this proposal. 6.O IMPLEMENTATIONPLANFOR SYSTEMRECONFIGURATION The following information provides an overview of how the City of Delray Beach system rebanding plan will be implemented and how those activities will impact the fixed network equipment and subscriber units. Additional details may also be found in Attachment B. Motorola has produced Baseline and Acceptance Test Plans to demonstrate comparable operation before and after reconfiguration. Please see the attached Functional Acceptance Test Plan and RF Performance Verification Plan; Attachments C and D. Motorola has also produced a Reconfiguration Design consisting of Method of Procedures (MOP). Motorola developed the MOP which details the process steps, timeline, measurable deliverables, resources needed and cutover steps. The MOP also includes the Cut-over and Fall- back Plan outlining the transition from the current frequencies to the new ones. The Cut-over and Fall-back plans ensure consistent operation of all system functionality throughout the rebanding reconfiguration. Please see Attachment E. IMPACT ON SUBSCRIBERS Motorola has carefully analyzed the Subscriber and Fixed Network Equipment (F`NE) inventory data. The Suitability Assessment results dictate the following actions be taken with regard to subscribers: Subscribers lnrpact Subscriber 11~lodcl 1ctiun Qty Replacement Radio ASTRO Spectra Reprogram 43 N/A ASTRO Spectra Consolette Reprogram 12 N/A MCS2000 Reprogram 7 N/A MTS2000 Reprogram N/A XTS2500 Reprogram N/A XTS3000 Reprogram N/A XTS5000 Reprogram N/A XTL5000 Retune 4 N/A XTS5000 Retune 3 N/A LCS2000 Replace 11 XTL2500RB LTS2000 Replace 195 XTS2500RB Mode13 Total Subscribers X83 Definitions Retune: Update the channel frequencies via the Customer Programming Software/Radio Service Software. Replace: Cannot be up~late~l to support new frequencies or band plans. Anew radio is requirea! Reprogram: Update operating software via software FLASH with new frequencies & band plan. Any reprogramming activity requires flashing. After applying flash, program the radio with the new frequency. Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 06/04/2008 Page 26 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work IMPACT ON FIXED NETWORK EQUIPMENT Main Central Controller -Motorola will apply its new rebanding firmware to the trunking controllers, replace its codeplug to include the rebanding replacement frequencies, and remove original frequencies. Alternate Central Controller -Motorola will apply its new rebanding firmware to the trunking controllers, replace its codeplug to include the rebanding replacement frequencies, and remove original frequencies. Remote Site Controllers -Motorola will apply its new rebanding firmware to the trunking controllers. Quantar Repeaters -Motorola will interface each station's programming port with a computer running the proper Radio Service Software (CPS/RSS), replacing the old transmit/receive frequencies with the new frequencies. Quantar Receivers -Motorola will interface each station's programming port with a computer running the proper Radio Service Software (CPS/RSS), replacing the receive frequencies with the new frequencies. ASTROTAC Receivers -Motorola will interface each station's programming port with a computer running the proper Radio Service Software (CPS/RSS), replacing the receive frequencies with the new frequencies. Transmit Combiners -Motorola will retune the Celwave transmit combiners to the new frequencies. Transmit Antennas -Motorola has determined that the electrical characteristics of these devices are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to this antenna system. Receive Antennas -Motorola has determined that the electrical characteristics of these devices are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to this antenna system. Tower Top Amplifiers -Motorola has determined that the electrical characteristics of these devices are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to the amplifier. Receive Multicouplers -Motorola has determined that the electrical characteristics of these devices are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to the multicoupler. Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Pie ~~ arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work SystemWatch -Motorola will replace the SystemWatch II computer to run Windows XP, update the System Watch software, and configure for new frequencies. CENTRACOM II Gold Elite Consoles -Motorola has determined that the electrical characteristics of these devices are sufficient to meet the operational needs required for rebanding. Motorola shall not perform any modifications to the consoles. Bidirectional Amplifier -Motorola will reconfigure this device by flipping the installed mechanical switch to enable operation in the new band plan. Zone Manager Client -Motorola will apply new application software. 7. ~ MOTOROLA PROFESSIONAL SER i~ICES MOTOROLA PROJECT MANAGER (PM): The Motorola PM will oversee the activities for each stage of the rebanding effort to ensure a smooth execution of all deliverables and that the requirements of the City of Delray Beach's system are fully met. The Project Manager will coordinate with the City of Delray Beach's, System Manager and any subcontractor or other third-party organization participating in this work; to keep this effort within the schedule to be agreed upon and finalized at the kick-off meeting. The majority of subscriber reconfiguration activity will occur during the normal work day but some subscriber reconfiguration and Network Equipment reconfiguration activity will occur during third shift (11:00 PM to 7:00 AM) during lighter utilization of the City of Delray Beach's trunked radio system. During the rebanding of all affected equipment, a representative from the City of Delray Beach will serve as a single point of contact for Motorola. Assuming no unanticipated delays, the project is estimated to be completed 148 work days from Notice to Proceed. A work day is defined as 8:00 AM to 5:00 PM, Monday through Friday unless specified above. Motorola Project Manager -Project Administration Activities: 1. Generate preliminary Project Schedule 2. Provide Project Schedule status updates 3. Manage project SOW and change orders 4. Reconcile Equipment Lists to the contract 5. Arrange equipment inventory process and logistics 6. Provide contract administration 7. Provide project resource management 8. Assure proper archiving of prof ect information 9. Provide Customer and project team communications management 10. Assure project level deliverables Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 06/04/2008 Page 28 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work 11. coordinate and chair customer meetings 12. Generate written reports as required 13. Maintain and facilitate resolution of general system punch list items Motorola Project Manager -Infrastructure 1. Coordinate and direct internal and external project resources 2. Manage infrastructure equipment rebanding and assure documentation of deliverables 3. Maintain and facilitate resolution of infrastructure punch list items Motorola Project Manager -Infrastructure Test Plans 1. Manage overall infrastructure test plans and execution 2. Manage punch list of issues to be resolved 3. Facilitate acceptance test plan completion and documentation Motorola Project Manager -Subscriber Programming Activities: 1. Facilitate Customer meetings to determine information for programming templates 2. Obtain Customer /Agency Approval of programming templates prior to initiating programming 3. Plan and manage delivery of reprogrammed or replaced subscriber units for all required departments and agencies 4. Plan and manage subscriber unit collection and return of replaced radios & accessories 5. Manage subscriber equipment rebanding and assure documentation of deliverables 6. Maintain and facilitate resolution of subscriber punch list items MOTOROLA SYSTEMS ENGINEER: The Motorola Systems Engineer has the responsibility for system design and technical performance. The Motorola Engineer will be responsible for "as is" coverage evaluation, post rebanding comparative analysis and intermodulation studies, order write up, Acceptance Test Plan (ATP) development, and system programming parameters. Additionally, the Motorola Systems Engineer will participate in the planning process and will be available to assist the customer in fleet mapping and determining the subscriber unit configurations. The Motorola Systems Engineer will perform the following activities: Motorola System Engineer -Project Administration Activities: 1. Validate system design specifications in accordance with customer needs 2. Validate and obtain customer approval for a preliminary Cutover Plan 3. Validate preliminary equipment lists 4. Validate equipment orders for Motorola and 3rd party equipment to accommodate inventory shipping schedules 5. Validate equipment lists by model, versions, options 6. Validate the Customer Requirements Test and Verification Matrix 7. Perform an As-Found Frequency Planning/Interference Analysis Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 29 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Motorola System Engineer -Infrastructure 1. Provide technical design for 3rd party interfaces MOTOROLA SYSTEMS TECHNOLOGIST: The Motorola Systems Technologist is highly experienced and trained, specializing in the optimization and trouble shooting of two-way RF communication systems. The ST will perform the optimization process working with service technicians. Additionally, this individual will work with the Motorola Systems Engineer and the City of Delray Beach representative to determine the best configuration and programming of, the system parameters. The Motorola Systems Technologist will perform the following activities: Motorola Systems Technologist -Infrastructure 1. Confirm system configuration and software compatibility to the existing system 2. Oversee execution of antenna network compatibility checks/optimization 3. Oversee loading of rebanding firmware/software into system controller(s) 4. Supervise completion of the reprogramming of all RF equipment 5. Supervise the power up and programming of all rebanded FNE 6. Oversee RF optimization to meet design specifications Motorola Systems Technologist -Infrastructure Test Plans 1. Oversee site and system level testing 2. Supervise execution of the Acceptance Test Plan per Attachment C. Motorola Systems Technologist -Subscriber Programming Activities: 1. Oversee programming of sample radios with approved templates as provided by the City of Delray Beach and deliver for Customer evaluation 2. Validate "as built" template documentation 3. Provide ownership of technical issues Motorola Responsibilities Motorola will: 1. Schedule a project kick off meeting with the City of Delray Beach at the project's start. 2. Execute the project contract deliverables and coordinate ensuing project activities with appropriate Motorola and the City of Delray Beach resources. 3. After project kick-off, Motorola will provide the City of Delray Beach with preliminary schedule and progress updates (see Project Schedule; Attachment F). This schedule will outline a cutover plan used during the reconfiguration process to ensure disruptions are minimized. The schedule should reflect the following; a. Timeline of events, and b. Identified deliverables 4. Create subscriber programming templates (where applicable) based upon customer provided information: Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 30 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work a. Conduct meetings with department and/or agency representatives designated by the City of Delray Beach. These meetings will gather the necessary information for Motorola to create the templates. b. Will review and coordinate the development of the programming templates with its technical staff and the City of Delray Beach representatives. c. Conduct final meeting with the City of Delray Beach and its representatives to achieve final approval of templates prior to subscriber programming. 5. Return all of the replaced subscriber radios and related accessories to Motorola within 30 days of the new subscriber radios and accessories being shipped. (See Attachment G; Equipment Return Process) City of Delray Beach Responsibilities City of Delray Beach will: 1. Provide a signatory who has authority to sign all appropriate project documents required for this project and any other agreements required. 2. Ensure all radios to be replaced are turned in and accounted for. (See Attachment G; Equipment Return Process) 3. Before or at the Licensee/Motorola kick-off meeting and prior to any reconfiguration work being performed, confirm the following two documents have been received: a. FCC License(s): All rebanding impacted radio transmitters are licensed properly on their new rebanding frequencies and Licensee has received their new FCC license(s). b. Sprint/Nextel Authorization to Move: The Licensee has received a separate Sprint/Nextel's letter (sent via FedEx) authorizing the Licensee to move to the new frequencies. 4. Provide site access to the City of Delray Beach owned and controlled sites for Motorola personnel and Motorola's subcontractors for the purpose of reconfiguring the equipment located at that site. 5. Provide support and approval for subscriber programming templates (where applicable): a. Identify agency/department representatives that are needed to participate in the subscriber programming template process: b. The City of Delray Beach department and/or agency representatives will gather necessary information to create subscriber programming templates and provide this information to Motorola. c. The City of Delray Beach department and/or agency representatives will review draft templates with Motorola and will advise on any changes that may be required. d. The City of Delray Beach will provide written approval of templates prior to subscriber programming. 6. Provide the Programming Access Key (PAK) for each system that has to be programmed into this licensee's subscriber units. Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 31 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work 7. Provide the subscriber radios and fleet coordination to ensure on-time project completion. 8. Provide all spare units identified in preliminary inventory, if any at the beginning of the project. 9. Not unreasonably delay the execution of work by Motorola and will extend the timeline of the project when delays caused by the City of Delray Beach are experienced. 10. May be required to provide personnel during the reconfiguration process. 11. Identify any outstanding Motorola deliverables and formally request their completion through the mutual development of a project punch list. 12. Grant final acceptance upon completion of the City of Delray Beach system reconfiguration. 8.O LOCAL SERi~ICE SUPPORT Motorola will utilize its authorized service center network and/or approved third party contractors to perform the reconfiguration of the equipment. 9.O NOTIFICATION AND CONDITIONS FOR WORK Motorola will notify the City of Delray Beach assigned point of contact a minimum of five (5) business days prior to starting any work on the system. Motorola will commence work at the designated location only after the City of Delray Beach has notified Motorola with instructions to proceed. Whenever possible, prior notification of at least 24 hours will be given when expected disruptions are to occur. IO.O LICENSING The City of Delray Beach is responsible for updating, filing, and coordinating the frequency changes that become a part of this Rebanding program with the FCC. As a note, all radio transmitters must be properly licensed by the FCC. 11.0 RISKS Motorola is committed to mitigating all known risks and will engage the City of Delray Beach whenever situations are identified in which a risk situation presents itself. Any event or occurrence that affects the project schedule is to be immediately reported to the Project Managers. A decision will be jointly made between Motorola and the City of Delray Beach to consider the options and develop a mutually agreed-to solution. There are risks associated with the work that needs to be performed on each piece of equipment. It is conceivable that a particular piece of equipment can be functional at the time of inventory but when rebanded, failures may occur when re-initializing the unit. Motorola will make every effort to ensure that any failure occurring in this situation be rectified immediately. In some cases adequate spares may not be available and could lead to a prolonged outage of equipment while obtaining replacement parts. If the system in question is currently under a direct service agreement with Motorola, any resolution to correct the failure will be covered under the agreement. If the equipment involved is not covered under a direct Motorola Service Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 06/04/2008 Page 32 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Agreement, resolution may require reimbursement for material and labor to correct the failure and restore the defective equipment from Sprint/Nextel. 12.0 MEDIATION Where applicable, Motorola has provided at the Licensee's request, support for Alternate Dispute Resolution or Mediation. Per the TA guidelines these costs are reimbursable and therefore included in this quote as a line item in its price summary table. Motorola is not a party to the Mediation itself but has supported the Licensee for technical or other content as it relates to the Mediation. Motorola's Mediation support charges listed in this proposal may apply to the Planning phase as well as Implementation phase. This work supporting or participating in Mediations and disputes is not considered normal proposal activities. If the Licensee requests additional Mediation support from Motorola after a final Reconfiguration Proposal has been delivered, these charges will be submitted via a Change Order to the FRA. Refer to the Proposal Pricing Summary Table for listed mediation charges and the attached Motorola Mediation Tracking Detail (date and time of activities by resource to support the mediation). 13.0 SYSTEMACCEPTANCE Upon completion of the work for the City of Delray Beach, a System Acceptance Certificate will be provided for customer signature (see Reconfiguration Implementation Phase Agreement, Terms and Conditions, Exhibit B). This certificate acknowledges that all of the effort necessary to reconfigure the City of Delray Beach's system has been completed. Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Version. 4.6 Rev. 06/04/2008 Page 33 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work 14.0 RECONFIGURATIONPRICING PRICING SUMMARY Deli~cij~ Beach, FL - Reco~i figcu°atio~i Services Qacote r,~ f,~r~s/r~ec/~„~~- Service Resource t -Units Turol-Ilum~s Rohe Price Reband Site # 1 -Delray Beach PD MSS ~ ~~. ~ ~ I' ~.uu >o,.~~ 13 Controllers 3 Re eaters 7 Combiners & Duplexer (Antenna System) 2 Zone Mana er 1 Reband Site # 2 -Hard Drive MSS ~~ ~ I' ~.uu > I .~-~ Controllers 1 Re eaters 7 S stem Watch MSS 8 Hours $175.00 $1,400 Project Manager PM 20 Hours $175.00 $3,500 System Engineer SE 16 Hours $175.00 $2,800 S stem Technolo ist ST 2A Hours $175.00 $4,200 BidirectionalAm lifter MSS 2 Hours $175.00 $350 Infrastructure Total $20,738 .S~rhscrihe ins Service Resource Total Units Rate Extended Price Mobiles Total ** MSS 66 $6,868 Portables Total ** MSS 506 $37 123 Templates Total ** MSS 40 $12,862 Re lacement of dash mount radios ** MSS 11 $3,115 2nd. Prograimning of Subscribers (remove old fregs.) Mobiles ** MSS 77 $5,452 2nd. Prograimning of Subscribers (remove old fregs.) Portables ** MSS 506 $29,854 Pro~ectMana eronSiteSu ervision&Coordination PM 176 Ilour; ~I'~.uu $30,800 ** Sec aa«ched "Subsc. I rrborDen~il Forms" Jor rlen~ile Subscriber Turd 5126.073 Teslin~ Service Resource uantit Unit Rate Extended Price Pre Rebanding Benchmark Testing ST 12.5 Hours $ 175.00 $2,188 Post Rebandin Acca tance Testin ST 12.5 Hours $ 175.00 $'.188 Functional Testin ST 5 Hours $ 175.00 $875 Pro~ectMana er PM 10 Hours $ 175.00 $1,750 System Engineer SE 12 Hours $ 175.00 $2,100 S stem Technolo ist ST 30 Hours $ 175.00 $5 '~0 Testin Total $14,350 PPOt['CI ,~~CI/nlfll5'~Ya llofl S['YV/C('S Kicko ~~&St~~iusMe~~tin s, On SiteCoordin~~tion. S+i~~contractin ,Closeout Service Resource uantit Unit Rate Extended Price Pro~ect Mana er PM 168 Hours $175.00 $29,400 System Engineer SE 96 Hours $175.00 $16,800 S stem Technolo ist ST 72 Hours $175.00 $12,600 Mediation # PM 0 Hours $0.00 $0 Travel Ex enses TE $20,638 # See SOW & rta~trl~ed lr~«rking shrei.Jor den~iLs Pro'. Administration Activities Total $79,438 F.r ^i anent Deha 13eachControllerandS stemWatchE ui meat Motorola 1 Each y20;Z1y.40 y20,21y Directional Cou lers To be rovided b S riot Nextel Nextel 2 Each $0.00 $0 See rr//ached fable br de/rdLs E ui meat Total $20,219 Total Recnnfi~~rrratinn Price 5260.813 Contingency Price $28,000 Total Reconfi,uration Price frith Contingenrp 5233,313 Rev. 04.OA.OA Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 34 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Price Validity: If Motorola delivers Products or performs Reconfiguration Implementation Phase Services after December 31, 2008, it reserves the right to increase the pricing for such Products and Reconfiguration Implementation Phase Services in a manner that is consistent with its confidential Master Purchase Agreement with Sprint Nextel. In addition, for Products that are priced based upon a discount from Motorola's published list prices, price adjustments will occur if and when Motorola's published list prices are modified and the adjusted prices will apply to any Products that are delivered after the modification to the published list prices. Subcontractor quotations are normally valid for a limited time period; if a Motorola subcontractor increases its subcontract price, then Motorola may increase its prime contract price for subcontracted work that is performed at the increased subcontract price. In all of these situations, any increase in the Contract Price will be reflected in a change order. SERVICES DETAIL Professional Services Project Manager System Engineer System Technologist Project Administration Activities Mnnhnurc DQVC Mnnhnurc nQU{' Mnnhnurc Dnyc I'rojccl Summary ~llw-atiou) 165 days Customer Status Meetings and Mobilization. 108 13.5 64 8 60 7.5 Project HIckoff - 3 days Preplanning and Coordination Meeting/Order processing 24 3 12 1.5 6 0.75 Project Close-Oat- 5 days Punch List resolution 24 3 12 1.5 4 0.5 Final Accc .tar-- 1^_ LS R 1 !1.^S ~Culal Ilours fur Pro'cct.A~lminititraliun.~ctiritics I(i8 21 9ti 12 72 9 FNF, Reconfiguration - 24 days 1~~E Preplanning and Coordination Meeting 8 1 8 1 16 2 FNE Reconfiguration 12 1.5 8 1 8 1 I I~otal hours for Intl-astructurc I 2u I 25 II I6 I 2 II 2a I 3 1 esting Conduct Pre Rebanding Verification Tests 4 0.5 4 0.5 12.5 1.5~~_5 Conduct Post Rebanding Verification Tests 4 0.5 4 0.5 12.5 1.5625 Funtional F~CCC .tang Tc,tin u.^_5 4 0.5 5 0.('_S ~I~otxl hours for Tcstin~ 10 1.25 12 IS 311 3.75 tiubscriber Reconfiguration - 42 days Preplanning and Coordination Meeting 8 1 0 0 0 0 Subscriber Coordination PM 9 hrs/wk 72 9 0 0 0 0 Template & flasl~/prograin procedures 8 1 0 0 0 0 SS 11 0 0 0 0 tiubscriber Reconfiguration - 42 days Preplanning and Coordination Meeting Subscriber Coordination PM 9 hrs/wk Template & flash/program pros dares 8 72 8 1 9 1 0 0 0 0 0 0 0 0 0 0 0 0 SS 11 0 0 0 0 ~fotal Hnm~s for Subscribers RcamOl;uration l7ti 22 0 0 0 0 CO'h_V, PROFESSIOV'.V, SI'_R~'ICI'_S'CIV'I F. 374 46.7 l24 I5.5 l26 15.75 Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 35 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work SERVICES DETAIL CONTINUED Travel Detail Per diem Air fare Car rental Labor- Catc~;m~y I'rgjcct Phase Number of resources Number ofh-ips Days out pcr~~cck 52UUAU SI,000AU 522SAU l~ohilslll-ip Prgject totals 1~recd ~", markup Infrastructure I I ti2UUAU til.uuu uu ti__~ uu 51,825.00 S1,~~_S.UO S1,917.00 I'~'Rlccl ~Itmt~~cr Subscribers I ~ 5200.00 ti Luau u0 ti?'>1iu 52,025.00 S4,050.00 S4,253.00 Overall Project I S200.00 ti Lquu uu ti"> uu S1,825.00 S3,650.00 S3,833.00 Infrastructure I I ~ S200.00 ti I .UUU uu ti"> uu S2,025.00 S2,025.00 S2,127.00 Scsicros h:n;;inecr Overall Project Su ort I I ti300.00 ti Luuu_uu ti__~_uu S1,825.00 S1,825.00 S1,917.00 ti Infrastructure I I ~ ti_00.00 tiLUOU un ti"> uu 52,025.00 S2,025.00 S^_,127.00 ~slems f chnol i t Subscribers I I ti_u0.00 ti Luuo uu S__> oU S2,225.00 S2,225.00 S2,337.00 e o~ s t h~erallProicrt I I ~ ti_uu uu ti I uu0 uu S__~ Ou ti_.025.00 ti2.025.00 ti_. 127.00 F~timatr_d'Ibtal ~Il-sncl Fcmn~;cs S'_Il_(r3Rt1t1 L~uti~: Ly,~°n.r~-r,rhuun~ii,°~~rlim~il~:rh~i,r~~~lunlh~°.1~-u~,~~u/Workandrequiredtra~'forcompdetir~,~theReconfi,~~rationDzrign. Sprinl N~'ra'1 wild he hi11~°~1 actual ~°rp~°nrer plnr . "„ u~arFn~r. Contingency Detail KCSOln'CC I'roject:~rca Risk Uescription Description l!nit Qt~~. Rate ,~nunnrt Project Kickoff Slippage Delay of project and committedresourcc, I',AI SI: Ilrnir, 'u ~ 17>.uu ~ 3,Sl1U.l1U Under Estimate of Subscriber units Additional units to reband P,AI SI: 1 I~,ur, '0 ~ 1 7~.uu $ 3,500.00 Project delay caused by the Licensee making insufficient mm~ber of'subscribers available Subscribers Availability during reconfiguration. It will require additional PM hours to coordinate and schedule subscriber reconfiguration. P,AI SI: ll~wrs `~U ~ 17~.UU $ 14,000.00 Project delay in order to allow other licensees to reconfigure their systems so no Interoperability interoperability is sacrificed during reconfiguration. P,AI SI: ll~xu~, l0 ~ 17~.uu $ 7,000.00 lutul Cuntingenct~ 5 28,111111.1111 Subscriber Labor Detail (Continues on next page) Licensee Name: CITY OF DELRAY BEACH, FL Level of Effort Replacement of Dash Mount Radios Per Unit Time Total LOE for a task on a Task Description Quantity Rate $ Total $ per unit basis in man in Hrs Time Hrs hours • Load programming template into new radio • De-install & Install of new dash mount radio • No antenna cable or mount install • Installation of new antenna rod only • Install new radio power cable(s) • Functional post test • Unpackage & Repackage Radios/Ship 1 • Includes u to 30 miles travel for installer De-install & Install for standard sedan or light/medium truck with unit installed under the dash and no obstructions or special installation 1a re uirements. Includes subtasks above 2.4 11 26.4 $118.00 $ 3,115.20 2.4 1 b De-install & Install into Police sedan/cruiser (Center control console). 0.0 0 0.0 $0.00 $ 3.3 1c De-install & install into Fire Truck 0.0 0 0.0 $0.00 $ 3.8 Replacement of Dash Mount Radios TOTAL s s.its_2o Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 36 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Subscriber Labor Detail (Continued) Level of Effort (Continued) Retune Existing Mobile Radios Per Unit Time Total LOE for a task on a Task Description Quantity Rate $ Total $ per unit basis in man in Hrs Time Hrs hours • Functional Pre-Test of existing radio -Talk group call on system • Retune existing radio (no obstruction to retuning of radio) 3 • Functional ost test of existin radio -Talk rou call on s stem 0.6 4 2.4 $118.00 $ 283.20 0.9 Flashing and Retuning Existing Mobiles LOE for a task on a Description Per Unit Time Total per unit basis in man Item in Hrs auantit Time Hrs Rate $ Total $ hours • Functional Pre-Test of existing radio -Talk group call on system • Flash existing radio with Rebanding software • Load programming template into existing radio (no obstruction to programming port of radio and radio is to be flashed and programmed in the vehicle) 4 • Functional post test of existing radio -Talk group call on system 0.9 62 55.8 $118.00 $ 6,584.40 0.9 TOTAL MOBILE RADIOS s s.~~ Portable Radios LOE for a task on a Task Per Unit Time Total per unit basis in man Descri lion in Hrs auantit Time Hrs Rate $ Total $ hours Retune Existing Portable • Functional Pre-Test of existing radio -Talk group call on system • Retune existing radio (no obstruction to retuning of radio) 5 • Functional post test of existing radio -Talk group call on system 0.5 3 1.5 $118.00 $ 177.00 0.7 Flashing and Retuning of Existing Portable Radio • Functional Pre-Test of existing radio -Talk group call on system • Flash existing radio with Rebanding software • Load programming template into existing radio 5a 'Functional post test of existing radio - 0.7 308 215.6 $118.00 $ 25,440.80 0.7 Replacement of Existing Portable Radio • Load programming template into new radio • Functional post test of new radio -Talk group call on system 5b •Unpackage & Repackage Radios 0.5 195 97.5 $118.00 $ 11.505.00 0.6 TOTAL PORTABLES RADIOS s ~~z~zz_aa Radio Templates (Masks) Task Descri lion Per Unit Time in Hrs auantit Total Time Hrs Rate $ Total $ LOE for a task on a per unit basis in man hours 6 Modi Radio Tem lates Masks for Re laced Units 4.0 6 24.0 $118.00 $ 2,832.00 4.0 6a Modify Radio Templates (Masks) for Flashed Units 2.5 34 85.0 118.00 10,030.00 2.5 TEMPLATES TOTAL 1z~< Other Tasks Task Descri lion Per Unit Time in Hrs auantit Total Time Hrs Rate $ Total $ LOE for a task on a er unit basis in man 7 Second ro rammin of subscribers remove old fre s. Mobiles 0.6 77 46.2 $118.00 $ 5,451.60 By Quote 7a Second ro rammin of subscribers remove old fre s. Portables 0.5 506 253.0 $118.00 $ 29,854.00 B Quote Grand Total $ 95,273.20 Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 37 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work EQUIPMENT DETAIL Controller & System Watch Upgrades-Software & Equipment List Item Qth 1~lodcl Description Unit Price E~tcndcd Price 1 1 L3479 PC Anywhere 11.5 Client $168 $168 2 1 DDN8172 Hummingbird Exceed 8.0 $717 $717 3 1 DDN8673 Crystal Reports 11.0 $635 $635 4 1 DS990970 RocketPort PCI DB25 Male $370 $370 5 1 DDN9157 Certified XP Workstation for SWII $2,907 $2,907 6 1 T7143 SWII on XP Software Upgrade Application $800 $800 7 3 UOST-0001 6809 28 Ch Controller Code Plug $1,298 $3,894 8 4 UOST-0004 CSC Software $1,509 $6,036 9 3 UOST-0008 TSC Software $481 $1,443 10 3 UOST-0010 Simulcast DCB Software $602 $1,806 11 3 UOST-0014 ReSC SmartZone Software $481 $1,443 Totals $20,219 Rebanding Flashkits Gai a-ic Kadio Alodd flashkit tcpc required OTlflashes Ka{aired pa- kit T Vlodel Plashaaie Option Price Astro Spectra (WS) 3600 IMBE/Analog 43 H1623 100008-000000-0 Paid by Sprint/Nextel MCS2000 3600 Analog (Type II /TYPE III) 7 H1628A 000008-000000-2 Paid by Sprint/Nextel MTS2000 3600 Analog (Type II /TYPE III) 1 N1706 000008-000000-2 Paid b S rint/Nextel XTS3000 3600 IMBE/Analog 100 T5781 100008-000000-0 Paid by Sprint/Nextel XTS3000 3600 IMBE/Analog 100 T5781 100008-000000-0 Q880AE Paid by Sprint/Nextel XTS3000 3600 IMBE/Analog 97 T5781 100008-000000-0 Q880AE Paid b S rint/Nextel Astro Spectra (WS) 3600 IMBE/Analog 12 H1623 100008-000000-0 G880AE Paid by Sprint/Nextel XTS2500 3600 IMBE/Analog & P25 2 T6811 500008-000410-5 Q880AC Paid by Sprint/Nextel XTS5000 3600 IMBE/Analoe & P25 8 T6751 100008-000000-0 Q880AA Paid by S rint/Nextel 9 ToCil flash Bits 37U Total flashes Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 38 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work Replacement Subscribers List RBP03 - XTS2500 MOT Enter Dept or A2ency by configuration: »> Smartzone Analog Mode13 STD QTl" ~indcl Item conli~r 1 cnnli<= 1 Items Comprdsdng the Base Kdf Smarfnef Package are do Bnld Enter quantity 19S Paid b S rint/Nextel 195 H46UCH9PW2BN XTS2500 Rebanding Portable Radio Mode13 L)5 Paid b S rint/Nextel Included Std Whip Antenna Included Std Belt Clip Included Standard Battery 195 Q443 SmartZone O eration-Q443 19~ Paid b S rint/Nextel 195 H43 Remote Monitor - H43 19 ~ Paid b S rint/Nextel 195 NTN9815 S are Batter - NTN9815 19 ~ Paid b S rint/Nextel 195 NTN1873 Sin le Unit Ra id Char er - NTN1873 19 ~ Paid b S rint/Nextel RBM03 - XTL2500 MOT Enter Dept or Agency by configuration: »> Smartzone Analog Dash Palm Mic 7.5 watt 3dB Tl' ~lodcl Ilan conli« 1 Price Items Comprdsdng the Base Kdf Smarfnef Package are do Bold Enter uanti 1 1 Paid b S rint/Nextel 11 M21URM9PW2AN XTL2500 Rebandin Mobile Radio I I Paid b S rint/Nextel 11 G174 Antenna 3dB Low Profile I I Paid b S rint/Nextel 11 W22 Palm Microphone - W22 I I Paid b S rint/Nextel 11 B18 7.SW Speaker - B18 I I Paid b S rint/Nextel 11 G442 Control Head - G442 I I Paid b S rint/Nextel 11 G444 Control Head software - G444 I I Paid b S rint/Nextel 11 G66 Mountin Kit G66 or G67 included in base. I I Paid b S rint/Nextel 11 G241 Analog operation I I Paid b S rint/Nextel 11 G51 Software Smartzone/sin letone 1 1 Paid b S rint/Nextel 11 G114 Enh ID Display - G114 I I Paid b S rint/Nextel 11 G170 Radio Trace - G170 I I Paid b S rint/Nextel 11 G683 One Touch - G683 I I Paid by Sprint/Nextel 206 Total Replacement Subscribers Version. 4.6 Rev. 06/04/2008 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Page 39 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola Confidential Proprietary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Reconfzguration Proposal/Statement of Work ATTACHMENTS Attachment A. INTERMODULATION REPORT Attachment B. SUITABILITY ASSESSMENT IMPACT REPORT Attachment C. FUNCTIONAL ACCEPTANCE TEST PROCEDURES (ATP) Attachment D. RF PERFORMANCE VERIFICATION PLAN Attachment E. CUT-OvER & FALL BACK PLAN Attachment F. RECONFIGURATION PROJECT SCHEDULE Attachment G. EQUIPMENT RETURN PROCESS Attachment H. MEDIATION TRACKING DETAIL Version. 4.6 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with Rev. 06/04/2008 arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Page 40 Mo[orola Confiden[ial Proprie[ary Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report ATTACHMENT A INTERMOD I7LATION REPORT Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 41 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report 800 MHz Re-banding Delray Beach PD Site, City of Delray Beach, FL Intermodulation Analysis North America Government & Commercial Markets Version D01.00.01 Date: Sept. 07, 2007 Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 42 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermodulation Report Intermodulation Summary: During rebanding, 7 channels located in the 821 MHz sub-band used at the Delray Beach PD site, owned by the City of Delray Beach, FL will move to the 806 MHz sub- band. There is also one 470 MHz frequency owned by the City of Delray Beach at the Delray Beach PD site. Complete frequency information is listed in the Analysis Factors section of this report. The Intermodulation (IM) study indicates no 3rd, 5~, or 7~ order intermodulation products received by the newly rebanded 800 MHz frequencies at the Delray Beach PD site. The IM study does indicate some 5~ and 7~ order IM products affecting an existing frequency at the site. These IM products are caused by mixing of newly rebanded transmit frequencies and the existing frequencies at the site. The total number of direct and indirect 5~ order IM products caused by the mixing of newly rebanded frequencies is 3. The total number of direct and indirect 7~ order IM products caused by the mixing of newly rebanded frequencies is 20. The detailed intermodulation analysis is included in the following sections. Analysis Introduction: Intermodulation (IM) products are generated whenever two or more transmit frequencies mix together. If there is more than one transmit frequency at a site an IM analysis is necessary to check for possible IM interference problems. There are three basic categories of Intermodulation (IM) interference. They are receiver produced, transmitter produced, and "other" radiated IM. Transmitter produced IM is the result of one or more transmitters impressing a signal in the non-linear final output stage circuitry of another transmitter, usually via antenna coupling. The IM product frequency is then re-radiated from the transmitter's antenna. Receiver produced IM is the result of two or more transmitter signals mixing in a receiver RF amplifier or mixer stage when operating in anon-linear range. "Other" radiated IM is the result of transmitter signals mixing in other non-linear junctions. These junctions are usually metallic, such as rusty bolts on a tower, dissimilar metallic junctions, or other non-linear metallic junctions in the area. IM products can also be caused by non-linearity in the transmission system such as antenna, transmission line, or connectors. This IM study has been performed to predict IM products that could be generated by the potential new frequencies as they are used at the Delray Beach PD site after Rebanding. The Delray Beach PD site is one of the sites used in City of Delray Beach, FL project. During rebanding, 7 channels located in the 821 MHz sub-band used at the Delray Beach PD site, owned by the City of Delray Beach, FL will move to the 806 MHz sub-band. There is also one 470 MHz frequency owned by the City of Delray Beach at the Delray Beach PD site. There maybe other frequencies used by Cellular providers at the Delray Beach PD site. Cellular providers often license a range of frequencies to a site. These frequencies may or may not be in use at any given time. Therefore, the intermodulation study as provided is based on frequencies at the site which do not belong to a cellular service provider at the site. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 43 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report All frequencies included in this intermodulation study are a result of information provided to Motorola during data collection exercise. Analysis Factors: Following are the frequencies used in generating the Delray Beach PD IM report: Red (bold) frequencies in the table are new rebanding frequencies at the site. Blue frequencies in the table are frequencies at the site that did not change due to rebanding. Black frequencies in the table are frequencies that are planned but not currently in use at the Delray Beach PD Site. Transmit Frequency: Receive Frequency: Owner 1 470.8625 473.8625 City of Delray Beach 2 851.3750 806.3750 City of Delray Beach 3 851.5750 806.5750 City of Delray Beach 4 851.7750 806.7750 City of Delray Beach 5 852.0750 807.0750 City of Delray Beach 6 852.6750 807.6750 City of Delray Beach 7 853.1500 808.1500 City of Delray Beach 8 853.6750 808.6750 City of Delray Beach The analysis calculates possible IM product frequencies through the seventh (7~) order that could potentially interfere with receivers at the communications site based on each receiver's individual bandwidth. The results can be used to develop an IM mitigation strategy. The parameters that affect the IM product calculations are: Order of IM products, the number of transmitters, the number of harmonics, and the half window (bandwidth) of the receiver. Following are the parameters used for the Delray Beach PD IM analysis: Minimum Number Transmitters = 2 Maximum Number Transmitters = 7 Minimum Order = 2 Maximum Order = 7 Minimum Harmonic = 1 Maximum Harmonic = 6 Half Window = 25 kHz The product order is equal to the harmonic multiples of the transmitter frequencies added together. For this IM analysis, 3rd, 5~ and 7~ order IM study reports were created. There is a possibility of higher order IM product interference. As the product order increases, the magnitude of the interfering signal decreases. Once the magnitude of the signal drops below the sensitivity of the target receiver, it is considered a minimal threat. For this reason Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 44 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report 7~ order is the maximum product order considered in this analysis. To generate 7~ order IM products, the maximum of 7 transmitters are required to broadcast simultaneously, or a combination sum of the harmonic factors of the transmitters is equal to 7(e.g. 3A+4B or 3A-4B). Harmonic represents the multiple of the original transmitter's carrier frequency. The greater the harmonic multiple of a transmitter signal, the lower the power will be relative to the transmitter signal and therefore, the smaller the level of the interfering signal. For the 7~ order IM products, the maximum harmonic required is 6 for minimum two transmit frequency assuming that one transmitter alone will not create IM interference. Half window of the receiver is the most critical parameter which takes into consideration the receiver bandwidth. During calculation, Hydra checks IM products within (+/- (Half window) KHz) of all Rx frequencies. For this analysis 25 KHz was used as receiver half bandwidth. Analysis Results: Hydra was used to generate a 3rd, 5~, and 7~ order IM report. Intermod Hits Summary RX ID RX Frequency Total Hits Direct Hits 1 473.8625 23 11 Intermod Hits By Order RX ID RX Frequency Order 5 Order 7 1 473.8625 3 20 Intermod Hits By Number of Transmitters RX ID RX Frequency 3 TXs 4 TXs 5 TXs 6 TXs 7 TXs 1 473.8625 1 3 9 9 1 ***************************************************************** Grand Total Hits: 23 As seen in the report, the Intermodulation (IM) study indicates no 3rd, 5~, or 7~ order intermodulationpmducts received by the newly rebanded 800 MHz frequencies at the Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 45 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report Delray Beach PD site. The IM study does indicate some 5~ and 7~ order IM products affecting an existing frequency at the site. These IM products are caused by mixing of newly rebanded transmit frequencies and the existing frequencies at the site. The total number of direct and indirect 5~ order IM products caused by the mixing of newly rebanded frequencies is 3. The total number of direct and indirect 7~ order IM products caused by the mixing of newly rebanded frequencies is 20. Any even order IM products are prevented by the equipment design of the system. The presence of IM products does not necessarily indicate an IM hit. To evaluate the impact of direct and indirect IM products, further investigation is needed which could include identification of mixing point, determining probability of transmission on each frequency, power level at mixing point, etc. Generally 5~ order IM products have a lower impact than 3rd order, but can cause significant IM problems if the power level at the mixing point is high, further investigation would be needed. The severity of the 7~ order IM products is relatively low and can be ignored if the power level is low. These results were generated assuming the presence of only the frequencies mentioned in Analysis Factor section. If there is a change in the frequencies used at the site, another IM analysis should be done to re-evaluate the impact of intermodulation. Recommendations: 1. Avoid using frequencies that have direct 3rd order IM products or create direct 3rd order IM products. 2. Not all of the mixing possibilities are significant in creating interference signals. Higher order IM products are usually weaker in signal strength. Also, the interference depends on the power level of the mixing signal. Impact of higher order IM products can be mitigated by controlling the power level of the mixing signal. 3. Provide separate transmit and receive cables. This would move the mixing point far from both the transmitters and receivers resulting in less probability of an IM problem. 4. Replace all connectors in the system with premium grade connectors where VHF, lower UHF, and 800MHz frequencies are present. 5. In addition to the connectors, quality components should be used throughout the system, such as power dividers and cross-band couplers. The installation must always be of the highest quality. A premium component will cause problems if not installed properly. 6. Direct IM products are more significant than indirect IM products. The impact of indirect IM products will depend on signal level and how far apart is the IM product from the receiver frequency. Disclaimer: Intermodulation distortion products (IM) are always present where two or more collocated transmitters are operating simultaneously. Managing the power levels of the IM signals developed through proper system design will determine whether they cause harmful interference to communications. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 46 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report The IM analysis is simply one of the tools used to guide proper design and must be used by a trained technical person competent to understand its meaning and limitations. The appearance of an IM product in the analysis does not mean such a product will cause harmful interference, or indeed even be present. It simply indicates the mathematical possibility of a product being produced. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 47 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report 800 MHz Re-banding Hardrives Site, City of Delray Beach, FL Intermodulation Analysis North America Government & Commercial Markets Version D01.00.01 Date: Jan 02, 2008 Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 48 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermodulation Report Intermodulation Summary: During rebanding, 7 receive only channels located in the 821 MHz sub-band used at the Hardrives site, owned by the City of Delray Beach, FL will move to the 806 MHz sub- band. There is also one 460 MHz frequency owned by the End of The Line Inc., one 450 MHz frequency owned by Florida Light and Power, one 806 MHz frequency owned by Hardrives Inc., one 470 MHz frequency owned by Highland Wireless, one 460 MHz frequency owned by Indian Spring Maintenance, one 470 MHz frequency owned by Rapid Wireless, and one 220 MHz frequency owned by Repeater Network at the Hardrives site. Complete frequency information is listed in the Analysis Factors section of this report. The Intermodulation (IM) study indicates no 3rd or 5~ order intermodulationpmducts potentially affecting the newly rebanded 800 MHz frequencies at the Hardrives site. The IM study does indicate some 7~ order IM products affecting newly rebanded 800 MHz frequencies at the site. These IM products are caused by mixing the existing frequencies at the site. The total number of direct and indirect 7~ order IM products caused by the mixing existing frequencies is 2. The detailed intermodulation analysis is included in the following sections. Analysis Introduction: Intermodulation (IM) products are generated whenever two or more transmit frequencies mix together. If there is more than one transmit frequency at a site an IM analysis is necessary to check for possible IM interference problems. There are three basic categories of Intermodulation (IM) interference. They are receiver produced, transmitter produced, and "other" radiated IM. Transmitter produced IM is the result of one or more transmitters impressing a signal in the non-linear final output stage circuitry of another transmitter, usually via antenna coupling. The IM product frequency is then re-radiated from the transmitter's antenna. Receiver produced IM is the result of two or more transmitter signals mixing in a receiver RF amplifier or mixer stage when operating in anon-linear range. "Other" radiated IM is the result of transmitter signals mixing in other non-linear junctions. These junctions are usually metallic, such as rusty bolts on a tower, dissimilar metallic junctions, or other non-linear metallic junctions in the area. IM products can also be caused by non-linearity in the transmission system such as antenna, transmission line, or connectors. This IM study has been performed to predict IM products that could be generated by the potential new frequencies as they are used at the Hardrives site after Rebanding. The Hardrives site is one of the sites used in City of Delray Beach, FL project. During rebanding, 7 receive only channels located in the 821 MHz sub-band used at the Hardrives site, owned by the City of Delray Beach, FL will move to the 806 MHz sub- band. There is also one 460 MHz frequency owned by the End of The Line Inc., one 450 MHz frequency owned by Florida Light and Power, one 806 MHz frequency owned by Hardrives Inc., one 470 MHz frequency owned by Highland Wireless, one 460 MHz frequency owned by Indian Spring Maintenance, one 470 MHz frequency owned by Rapid Wireless, and one 220 MHz frequency owned by Repeater Network at the Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 49 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report Hardrives site. Complete frequency information is listed in the Analysis Factors section of this report. There maybe other frequencies used by Cellular providers at the Hardrives site. Cellular providers often license a range of frequencies to a site. These frequencies may or may not be in use at any given time. Therefore, the intermodulation study as provided is based on frequencies at the site which do not belong to a cellular service provider at the site. All frequencies included in this intermodulation study are a result of information provided to Motorola during data collection exercise. Analysis Factors: Following are the frequencies used in generating the Hardrives IM report: Red (bold) frequencies in the table are new rebanding frequencies at the site. Blue frequencies in the table are frequencies at the site that did not change due to rebanding. Transmit Fre uenc Receive Fre uenc Owner 1 N/A 806.3750 City of Delray Beach 2 N/A 806.5750 City of Delray Beach 3 N/A 806.7750 City of Delray Beach 4 N/A 807.0750 City of Delray Beach 5 N/A 807.6750 City of Delray Beach 6 N/A 808.1500 City of Delray Beach 7 N/A 808.6750 City of Delray Beach 8 462.8250 467.8250 End of the Line Inc. 9 451.2000 456.2000 Florida Light and Power 10 851.0875 806.0875 Hardrives Inc. 11 470.3625 475.3625 Highland Wireless 12 464.4250 469.4250 Indian Spring Maintenance 13 471.6625 476.6625 Rapid Wireless 14 220.0375 162.1250 Repeater Network The analysis calculates possible IM product frequencies through the seventh (7~) order that could potentially interfere with receivers at the communications site based on each receiver's individual bandwidth. The results can be used to develop an IM mitigation strategy. The parameters that affect the IM product calculations are: Order of IM products, the number of transmitters, the number of harmonics, and the half window (bandwidth) of the receiver. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 50 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report Following are the parameters used for the Hardrives IM analysis: Minimum Number Transmitters = 2 Maximum Number Transmitters = 7 Minimum Order = 2 Maximum Order = 7 Minimum Harmonic = 1 Maximum Harmonic = 6 Half Window = 25 kHz The product order is equal to the harmonic multiples of the transmitter frequencies added together. For this IM analysis, 3rd, 5~ and 7~ order IM study reports were created. There is a possibility of higher order IM product interference. As the product order increases, the magnitude of the interfering signal decreases. Once the magnitude of the signal drops below the sensitivity of the target receiver, it is considered a minimal threat. For this reason 7~ order is the maximum product order considered in this analysis. To generate 7~ order IM products, the maximum of 7 transmitters are required to broadcast simultaneously, or a combination sum of the harmonic factors of the transmitters is equal to 7(e.g. 3A+4B or 3A- 4B). Harmonic represents the multiple of the original transmitter's carrier frequency. The greater the harmonic multiple of a transmitter signal, the lower the power will be relative to the transmitter signal and therefore, the smaller the level of the interfering signal. For the 7~ order IM products, the maximum harmonic required is 6 for minimum two transmit frequency assuming that one transmitter alone will not create IM interference. Half window of the receiver is the most critical parameter which takes into consideration the receiver bandwidth. During calculation, Hydra checks IM products within (+/- (Half window) KHz) of all Rx frequencies. For this analysis 25 KHz was used as receiver half bandwidth. Analysis Results: Hydra was used to generate a 3rd, 5~, and 7~ order IM report. Intermod Hits Summary RX ID RX Frequency Total Hits Direct Hits 4 807.075 1 1 7 808.675 1 1 Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 51 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report Intermod Hits By Order RX ID RX Frequency Order 7 4 807.075 1 7 808.675 1 Intermod Hits By Number of Transmitters RX ID RX Frequency 4 TXs 5 TXs 4 807.075 0 1 7 808.675 1 0 ***************************************************************** RX Frequency = 807.075 [7] - (1)x(462.825) + (3)x(451.2) + (1)x(851.0875) - (1)x(470.3625) - (1)x(464.425) = 807.075 Direct Total Hits: 1 RX Frequency = 808.675 [7] - (2)x(462.825) + (3)x(451.2) + (1)x(851.0875) - (1)x(470.3625) _ 808.675 Direct Total Hits: 1 Grand Total Hits: 2 As seen in the report, The Intermodulation (IM) study indicates no 3rd or 5~ order intermodulationpmducts potentially affecting the newly rebanded 800 MHz frequencies at the Hardrives site. The IM study does indicate some 7~ order IM products affecting newly rebanded 800 MHz frequencies at the site. These IM products are caused by mixing the existing frequencies at the site. The total number of direct and indirect 7~ order IM products caused by the mixing existing frequencies is 2. Any even order IM products are prevented by the equipment design of the system. The presence of IM products does not necessarily indicate an IM hit. To evaluate the impact of direct and indirect IM products, further investigation is needed which could include identification of mixing point, determining probability of transmission on each frequency, power level at mixing point, etc. Generally 5~ order IM products have a lower impact than 3rd order, but can cause significant IM problems if the power level at the mixing point is high, further investigation would be needed. The severity of the 7~ order IM products is relatively low and can be ignored if the power level is low. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 52 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment A /Intermo~lulation Report These results were generated assuming the presence of only the frequencies mentioned in Analysis Factor section. If there is a change in the frequencies used at the site, another IM analysis should be done to re-evaluate the impact of intermodulation. Recommendations: 1. Avoid using frequencies that have direct 3rd order IM products or create direct 3rd order IM products. 2. Not all of the mixing possibilities are significant in creating interference signals. Higher order IM products are usually weaker in signal strength. Also, the interference depends on the power level of the mixing signal. Impact of higher order IM products can be mitigated by controlling the power level of the mixing signal. 3. Provide separate transmit and receive cables. This would move the mixing point far from both the transmitters and receivers resulting in less probability of an IM problem. 4. Replace all connectors in the system with premium grade connectors where VHF, lower UHF, and 800MHz frequencies are present. 5. In addition to the connectors, quality components should be used throughout the system, such as power dividers and cross-band couplers. The installation must always be of the highest quality. A premium component will cause problems if not installed properly. 6. Direct IM products are more significant than indirect IM products. The impact of indirect IM products will depend on signal level and how far apart is the IM product from the receiver frequency. Disclaimer: Intermodulation distortion products (IM) are always present where two or more collocated transmitters are operating simultaneously. Managing the power levels of the IM signals developed through proper system design will determine whether they cause harmful interference to communications. The IM analysis is simply one of the tools used to guide proper design and must be used by a trained technical person competent to understand its meaning and limitations. The appearance of an IM product in the analysis does not mean such a product will cause harmful interference, or indeed even be present. It simply indicates the mathematical possibility of a product being produced. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 53 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment B /Suitability Assessment ATTACHMENT B SI7ITABILITYASSESSMENTLMPACT REPORT (SAIR) Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 54 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment B /Suitability Assessment Suitability Assessment Impact Report Licensee Name: DELRAY BEACH, CITY OF Customer Name: Delray Beach, City of Submitted by: System Type Motorola Inc. SINGLE SITE Preparation Date: Wednesday, August 22, 2007 The content of this report is dependent upon the data entered into the inventory workbook as supplied by the Customer or the Customer's agent Concerning the Suitability Assessment Process, Motorola has completed its preliminary evaluation and has determined that the products listed in the inventory you provided will be impacted as described in the following text. However, Motorola may perform additional regression tests as required on these products. In the unlikely event the regression testing indicates the above information is incorrect, Motorola will gladly provide corrected information to you and advise you of the effects of rebanding; further, if it is appropriate, Motorola will provide to you a quote for software, hardware or services to address the effects of rebanding. ver. 6.01.01 OS-13- ver.6.01.04 2007 8/16/2007 Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Rev. 06/04/2008 Page 55 Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment B /Suitability Assessment Impact to Base Stations or Repeaters Retune the Non-IR Quantar base station new frequency with existing Quantar RSS Quantar Non-IR Rx Only Station -Retune the Non-IR Quantar base station new frequency with existing Quantar RSS AstroTAC RX Only Station -Retune the Astrapak base station new frequencies with existing RSS. Impact to System Controllers Open an Upgrade Operations CASE to order new 6809 Prime Site Codeplug(s) for the new frequencies Open an Upgrade Operations CASE to order rebanding 6809 controller CSC firmware version R47.02.00. Open an Upgrade Operations CASE to order prime site 6809 TSC FIRMWARE VERSION WITH R10.01.02 Open an upgrade Operations CASE to order prime site 6809 DCB FIRMWARE VERSION WITH R 10.04.03 Open an upgrade operations CASE to order remote site 6809 ReSC FIRMWARE VERSION WITH R10.04.01 Impact to Management Terminals Order new Software for Systems Watch II and configure for new frequency Upgrade System Watch computer to run Windows XP Flash the MCS2000 RFM Modem with rebanding firmware and retune with RVN4175T CPS software Systems Watch I I -- Replace the Management Terminal computer with a new computer capable of running Windows XP. Impact to Subscribers Replace the LCS2000 mobile with XTL2500RB then retune with new Rebanding RVN4185T CPS Replace the LTS2000 portable with XTS2500RB then retune with new Rebanding RVN4181T CPS Flash the MCS2000 mobile with rebanding firmware then retune with new RVN 4175T CPS software XTS2500 radios shipped before Feb. 2006 flash with rebanding firmware then retune with new RVN4181T CPS software. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 56 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment B /Suitability Assessment Flash the XTS3000 portable with rebanding firmware then retune with new RVN4181T CPS software XTS5000 radios shipped before Feb. 2006 flash with rebanding firmware then retune with new RVN4181T CPS software. Radios shipped after Jan. 2006 retune with new RVN4181 T CPS software. XTS5000 radios shipped after Jan. 2006 retune with new RVN4181T CPS software. XTL5000 radios shipped after Jan. 2006 retune with new RVN4185T CPS software. For ASTRO Spectras with 1 Megabyte memory and a codeplug size less than 28 Kbyte flash with rebanding firmware then retune with new RVN4183S CPS software For ASTRO Spectra Consolettes with 1 Megabyte memory and a codeplug size less than 28 Kbyte flash with rebanding firmware then retune with new RVN4183S CPS software For MTS2000 radio with 512 Kbyte memory and codeplug size less than 13.5 Kbyte flash with rebanding firmware then retune with new RVN4176S CPS software Impact to RF Antenna Site Equipment Retune each port of the RFS/Celwave transmitter combiner for the new frequency No action required for the RFS/Celwave TMA/MC No action required for the receive antenna No action required for the transmit antenna Motorola has determined that TV channel 69 broadcasts in your area. Channel 69 TV transmitters can produce spurious emissions in the new NPSPAC frequency segment while remaining completely legal. Such interference must be addressed at the source, therefore Motorola has not included any solutions for interference involving TV channel 69 frequencies should it occur. Impact to Dispatch Console Systems No change required for CENTRACOM II Gold Elite console systems Impact to MOSCAD Sub-Systems No MOSCAD Inventory Input Provided Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 57 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test ATTACHMENT C FUNCTIONAL ACCEPTANCE TEST PROCEDI7RES (FATP) Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 58 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test fOY.' City of Delray Beach, FL Prepared by: ~~ ir~te~l~ger~~e e+~errvhere° Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 59 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test Trunking Features Tall:<~rou~ Call 1. DESCRIPTION The talkgroup call is the primary level of organization for communications on a franked radio system. Radios with talkgroup call capability will be able to communicate with other members of the same talkgroup. Radio users can select between the different talkgroups that are programmed in the radio using a manual switch or keypad. SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 1 2. TEST Step 1. Initiate a clear talkgroup call with RADIO-1. Step 2. Verify communication with RADIO-2. Pass Fail Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 60 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test Trunking Features Console Talk~~roup Call -Clear Vlodc 1. DESCRIPTION A call from a subscriber unit to a console is indicated on each dispatch operator position that has a resource window associated with the channel the subscriber unit is transmitting on. When a subscriber keys on a talkgroup that the console has selected, the subscriber's audio comes out of the select speaker of the console. SETUP RADIO-1 - TALKGROUP 1 CONSOLE-TALKGROUPI 2. TEST Step 1. The console operator selects the TALKGROUP 1 resource window. Step 2. Transmit on RADIO-1 in the clear mode. Step 3. Verify that the console hears audio through the select speaker. Step 4. Transmit on console in the clear mode, verify communication with RADIO-1. Pass Fail Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 61 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test Trunking Features Control Channel Rotation 1. DESCRIPTION In the event that the assigned control channel fails, the Central Controller automatically selects one of the other eligible channels as the active control channel. The Central Controller will automatically rotate the control channel at midnight each night. Assignment of the control channel falls into two categories: assignment when the system comes into franking operation and reassignment after a control channel failure or at assigned rotation times. 2. TEST Step 1. Verify that the control channel is channel 1. Step 2. Front panel disable the active control channel. Step 3. Verify that the control channel has rotated to the next available channel and is processing calls. Step 4. Disable the control channel via the SMT CHAN command. Step 5. Verify that the control channel has rotated to the next available channel and is processing calls. Pass Fail Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 62 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment C /Functional Acceptance Test Signoff Certificate By their signatures below, the following witnesses certify they have observed the In-Field System Verification Test Procedures. Signatures LICENSEE WITNESS: Please Print Name: Date: Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 63 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment D /Functional Acceptance Test ATTACHMENT D RF PERFORMANCE VERIFICATION PLAN Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 64 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment D /Functional Acceptance Test Method I RF Performance Verification Plan The City of Delray Beach trunking system consists of one transmit/receive site and one receive only site, with seven RF channels. These channels are managed by a Primary and Backup Controller. Reconfiguring the trunking system's frequencies will not require substantial changes to the antenna network at the site. RF performance verification procedures for systems of this type are defined by the Transition Administrator (TA) as follows: Method 1 -Repeater Site Measurements This method is appropriate for sites where reconfiguration does not require substantial changes to the antenna or coax feed line. This method can be used if other transmission elements such as transmitter combiners, or filtering devices change, if those changes do not result in a change to the transmit power into the feed line. For those systems where the transmit power to the feed line does not change, it is sufficient to make a series of measurements at the repeater site. This method assumes all existing equipment is specified to operate with comparable losses for the new channels compared to the existing channels. If the antenna bandwidth specifications include the new channels, then the radiated pattern and signal strength should not change assuming that equivalent transmit power is delivered to the antenna. Prior to reconfiguring RF components at a site, measured losses for each component are recorded including the transmit power entering the antenna's transmission line (baseline measurements). The measurements should include the return loss of the transmission line and antenna. After reconfiguration, the same measurements are made and compared to the baseline measurements. If the two sets of measurements are comparable, then RF performance will be comparable. The RF performance verification plan that follows has been designed to closely align with the Transition Administrator's guidance. RF Performance Verification Plan Before a device is rebanded, it will be inspected for any preexisting defects that may impede the rebanding process. Motorola will report all identifiable defects to the City of Delray Beach. It will be the Agency's responsibility to correct these issues through its normal service channels prior to rebanding. Verification Procedures These checks will be performed on each applicable base station prior to changing the frequency. Transmitter Measure and record the frequency. Measure and record the transmit RF power output Measure and record the transmitter modulation deviation. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 65 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment D /Functional Acceptance Test Receiver Measure and record the frequency Measure and record the sensitivity (SINAD or BER). Measure and record the effective receiver sensitivity. These checks were performed on each applicable transmit combiner component prior to changing the frequency. Combiner Measure and record the transmit RF power into each port of the combiner. Measure and record the transmit RF power out of the combiner for each applicable channel. Measure and record the reflected RF power from the antenna. The Tower Mounted Amplifier and Multicoupler checks to perform are: TMA/Multicoupler ^ Measure and record the system gain. ^ Measure and record the bandwidth of filters (*). ^ Measure and record the noise floor in the pass-band (*) Antenna Measure and record antenna bandwidth (*) Sweep and record antenna feed-line (*). If proof of the results for items labeled with an asterisk (*) can be obtained from previous system tests or model number information it can be used for this requirement. Once these tests are completed, the trunking system will be rebanded and the tests repeated. The results of both exercises will be compared and the findings presented to the City of Delray Beach for approval. Per the TA, the "focus of any testing must be on showing if comuarable coverage is achieved". For the two site system, Motorola believes these procedures adequately meet this goal. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 66 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment E / Cuto ver & Fall Back Plan ATTACHMENT E CI7TOVER c~ FALL BACKPLAN Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 67 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment E / Cuto ver & Fall Back Plan Delray Beach, FL 800 MHz System Cutover Plan I. Preliminary Controller Work 1. Create a CASE with the SSC prior to any rebanding activities. 2. Perform codeplug read from SmartNet 3.0 Main and Alternate Central system controllers. 3. Order replacement codeplugs and remote RESC firmware. II. Preliminary Subscriber Test 1. Update/develop and verify rebanding radio templates. 2. Reprogram one radio for each template for preliminary subscriber testing. 3. Verify subscribers communicate properly on existing trunked system. Fallback Plan: If the subscriber fails to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance. III. Subscriber Reconfiguration 1. Reprogram the remaining voice subscribers. 2. Verify subscribers communicate properly on existing trunked system. Fallback Plan: If the subscriber fails to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance. IV. Pre-Rebanding RF Testing 1. Install directional couplers at the output of the transmit combiners at the Delray Beach Police Department. 2. Perform pre-rebanding Method 1 RF Analysis on all seven (7) trunking channels at the Delray Beach Police Department and Hard Drive site and log the data into the Motorola supplied spreadsheet. Prior to the following steps, the Palm Beach County SmartZone 3.0 Zone Controller and Zone Manager Servers must be updated. During this update, the City of Delray Beach will revert to "site trunking." Once the Zone Controller and Servers are back online, the City of Delray Beach will revert back to "Wide Area Trunking." V. Management Terminal Modification 1. Replace System Watch II Management Terminal with a Windows XP certified workstation. 2. Install new System Watch II software. 3. Flash the RF Modem and reprogram. 4. Update the application software of the Zone Manager Client. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 68 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment E / Cuto ver & Fall Back Plan VI. System Controller Update Stage 1. Secure permission from the customer contact prior to doing anything that effects operation. 2. Update the non-active 6809 system Central controller with rebanding firmware, switch the system operation to it and test to assure proper system operation. Fallback Plan: If the active controller does not test or control the system satisfactorily, switch operation to the non-active controller, reinstall the original controller software and contact the PM and System Support Center (SSC) to initiate troubleshooting on the Controller. 3. Update the now non-active 6809 system Central controller with rebanding firmware, switch the system operation to it and test to assure proper system operation. Fallback Plan: If the active controller does not test or control the system satisfactorily, switch operation to the non-active controller, reinstall the original controller software and contact the PM and System Support Center (SSC) to initiate troubleshooting on the Controller. 4. Update Remote site 6809 controllers with rebanding RESC firmware and test to assure proper operation. Fallback Plan: If the remote controller does not test or control the system satisfactorily, reinstall the original Remote Controller software and contact the PM and System Support Center (SSC) to initiate troubleshooting on the Remote Controller. VII. Codeplug One (1) Retune 1. Secure permission from the customer contact prior to doing anything that effects operation. 2. Install Codeplug one (1) into the non-active system Central controller, switch operation to the controller, and disable channels two (2), three (3), and seven (7) at the controller. 3. Test talkgroup calling to ensure the Codeplug is functioning properly. 4. Remove channels two (2), three (3), and seven (7) from service, with local Access Disable, retune repeaters, and combiner two (2) to proper frequencies at the remote site. Retune the associated receivers at the remote receiver site. 5. Return channels two (2), three (3), and seven (7) repeaters to service by enabling the local Access Disable switch at the remote site. 6. Enable channels two (2), three (3), and seven (7) in the controller. 7. Verify control channel rotation by disabling the active control channel and observing a switch to the next non-active control channel. 8. Verify that subscribers communicate on newly retuned channels. Fallback Plan: If the channels fail to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 69 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment E / Cuto ver & Fall Back Plan VIII. Bidirectional Amplifier Reconfiguration 1. Flip the rebanding switch on the BDA at the Delray Medical Center to enable the new band plan. IX. Codeplug Two (2) Retune 1. Install Codeplug two (2) into non-active Central controller, switch operation to the controller, and disable channels one (1), four (4), five (5), and six (6) at the controller. 2. Test talkgroup calling to ensure Codeplug is functioning properly. 3. Remove channels one (1), four (4), five (5), and six (6) from service, with local Access Disable, retune repeaters and combiner one (1) to proper frequencies at the remote site. Retune the associated receivers at the remote receiver site. 4. Return channels one (1), four (4), five (5), and six (6) repeaters to service by enabling the local Access Disable switch at the remote site 5. Enable channels one (1), four (4), five (5), and six (6) in the active Central controller. 6. Verify control channel rotation by disabling the active control channel and observing a switch to the next non-active control channel. 7. Verify that subscribers communicate on newly retuned channels. Fallback Plan: If the channels fail to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance X. Codeplug Three (3) Retune 2. Install Codeplug three (3) into now non-active system Central controller and switch operation to the controller. 3. Test talkgroup calling to ensure the Codeplug is functioning properly. 4. Verify control channel rotation, by disabling the active control channel and observing a switch to the next non-active control channel. 5. Verify that subscribers communicate on newly retuned channels. Fallback Plan: If the channels fail to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance XI. Post Rebanding Testing Stage 1. Perform post-rebanding Method 1 RF Analysis on all seven (7) trunking channels at the Delray Beach Police Department and Hard Drive site and log the data into the Motorola supplied spreadsheet. XII. Zone Manager Update 1. Program new frequencies into Zone Manager. 2. Verify that subscribers communicate on newly retuned channels. Fallback Plan: If the channels fail to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance. XIII. Subscriber Reconfiguration Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 70 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment E / Cuto ver & Fall Back Plan 1. Reprogram the remaining voice subscribers. 2. Verify subscribers communicate properly on existing trunked system. Fallback Plan: If the subscriber fails to communicate properly, revert back to prior configuration and contact PM and System Support Center (SSC) for assistance. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 71 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment F /Project Schedule ATTACHMENT F RECONFIGI7RATIONPROJECTSOHEDULE Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page ~~ Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. 3 ~ - k M h bD ~- y a ~ ~ o s o s ~ P ~ ~ ~ ~., z ° c ~ ~ _ .~ ......... ....... ^ ......... ......... ......... ......... o ......... ......... ......... ......... ......... ......... ......... ......... a ,Y o D o ° 3~ 3 x o 0 0 0 0 0 0 0 0 0 a ° o 0 0 0 ° o ° Q 0 o o x ° 0 0 0 0 o a v o 0 0 0 0 0 0 0 ~3 5 w ~ v ~ ,~ ~ c c c ~ ~ N N a ~ c .~^, c c ~ - ~ N ~ ~ o ~ N N q .N N N o ~ 0 ~ 0 ~ N N N N N ~ N N N N r N N N =' F ~ t, k- ~ F ~ F ~ F F c ~ c ~ ~ F a ~ F ~ F F c ~ c ~ ~ F ~ ~ F: ~ F m F m F F m F ., F ~ ~ ~ ~ F ~ F ~ F ~ F ~ F ~, ~ "-~ ~ k- ~ k- ~ k- r. ~- ~ k- ~ rf.., ~ p, p, ~ G ~ ' 0 in 0 in 0 ~ ° o ~ 0 ~ 0 o 0 ~ 0 0 ~ 0 ~ 0 0 ~ 0 0 ~ 0 ~ 0 ~ 0 y 0 ~ 0 ~ ° ° o o ~ ° ~ ° o 0 0 0 0 0 0 0 0 0 0 ~ 0 ~ 0 ~ 0 ~ ~ 0 ~ 0 ~ 0 ~ 0 ~ _ _ ~. ~. ~. 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U _ M `~ @$ _ M `~ aS .~. ~ U c t O ~ o U v M y 0 ~ ' - c o .. =' U o - ~ = - ~ = r. v c G j ~ o c G Y c C _ r ~ ~ y ~ ° v .~ .~ ~ c ~ c ~ C ~ y v M J ~ G ~ N ~ c r U ~ ~ U :7 3 ~ v ` G v `" G ~ ~ `" ~ U .. ~ ~ cE ~ G v ~ 'O a M M a' C ~ ` '~ v °v c ;, v O Q v G i ~ ~ ~ v ~ v ~ ~ v v ~ O d r ~ L ~ ~ ~ i F T i ~ '~ G w 3 ~ ~ v ~ ' O ° ~ ~ U U « U ~ 5 ~ ~ 5 ~ « v ~ :a G U v ' 2 O E C N .v ~ " 'G N ~ ~ r M r ~ c c M s , M ' c E L v ° ~ c .y M j M `c £ ~ ^ c c M '^ ~ ~ c c M '^ M `c ' c E ~ °. ~ ° U ~ ? ' c E o ` ° _ ° c= g ~' y c E a v Y.' ~ ., ~ a ' ~, eo `'_ ~ ~ v U ~ o i o , ~ ~ ~ , ~ ~_ M ~ 0 0 o v ~ 0.~ o + . F. 'c c o ~~ o ~ J ~ ~ .. i s' N r r C1 o c v i ~ J r ~ r v' ` ,: ~; o U I ,: u ~ v r N .,°-' G r `r,' ~ ~ F ~ ~ q ~~ = ~ ~ av vTi av G « ~ ~ m = .. ~, = ~, y ~ .. v =, ., ~ ~ .. ~ k. v .. v « ~ ~ J v F- ~ := ~ L L r U ~ t M J t ~ N ~ ;J L M :M ~ L' M L' is U t ~ N J U O GO S v 4' S ,~-~ ' ~ ~ ti r S G ~ M G C C G O G G t U v O v U v G O ~ C ~ p G p ~ ~ t C ~ C j . VJ VJ C r ~ O G ~ U O N q VJ 2 O '" U ~ ~ O G G v G O G ~ U ~ N 2 O '" ~ ~ U q ~ q '" GO GO ~ 2 F £ v ~ U ~ E ~ U a m - ~ £ v v ~ m E v ~ U ~ U a U N C A E ~ ~ b N ~ E w w o ~ E - £ W ~ ~ ~ F- ~ .~-~ vi Q F ¢ ¢ W ~ ~ ~ .~-~ vi F ~ ~ F- F- ~ 0. J ~ U 0.~ 0.~ k- ~ vTi U ~ o B` , ~~ e - - ~ - - - ~ ~ Motorola 800 MHz Rebanding Project City of Delray Beach, FL Attachment G /Equipment Return Process ATTACHMENT G EQI7IPMENT RETI7RNPROCESS Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 75 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process MOTOROLA REBANDING EQUIPMENT RETURN PROCESS SUMMARY All of the Motorola replaced subscriber radios and related accessories must be returned to the address below within the days stated in the approved Frequency Relocation Agreement (FRA) or if not specifically stated in the FRA then 30 days of the new subscriber radios and accessories being shipped. Requests for an extension must be sent to bruce.ross(a~motorola.com stating the reason for the request and a proposed new timetable for the returns to be completed. The only exceptions to the return requirement are the cables for trunk mounted mobile radios and mobile antennas which can be discarded on site. Any replaced fixed equipment such as base stations, tower antennas, 6809 boards, firmware, code plugs, computer equipment, system management terminals, Futurecom VRS units, etc must be sent to the Abilene location. Subscriber shipping destinations for Motorola lead Rebanding projects: ~~~~~~~~~~~1 n~~~1~~~ Re ~luc~enu>r~7 2uc/io ~1oYorola Com ~etiti~~e ~1otorola CTDI - El in, IL CTDI - El in, IL Com ~etitive Nextel -Abilene, TX Motorola c/o CTDI 800 MHz Rebanding Project or 2224 Galvin Drive Elgin, IL 60124 BASIC PROCESS Sprint/Nextel 5520 N 1st Street Abilene, TX 79603 1) Serial Number Collection A) Gather the serial numbers of all the radios to be returned in that shipment. The serial number can be read from the label on the back or bottom of the radio. B) If the serial number is not readable on the outside of the radio, obtain the serial number from the radio display or from the programming tool. Affix a separate label to the outside of the radio and write the serial number on the label. C) If the serial number is not obtainable using method "B" above, obtain the serial number from your records or any other method then affix a label to the outside of the radio and write the serial number on the label. D) If the serial number is not obtainable by any method, affix a label to the outside of the radio and write the Nextel Deal Number followed by a two digit sequential number that is unique to each unit (e.g. Ol, 02 etc.) Keep record of the unique numbers used for potential future reference or for reconciliation purposes. 2) Customer Programming If required by the customer, remove customer specific programming from the radios including talk groups. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 06/04/2008 Page 76 Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process 3) Packaging material Reuse the new radio packaging material whenever possible. If reusing packaging material, all existing carrier labels should be removed or covered up. If packaging material is needed then contact Terry Sunday at the Sprint Nextel Abilene warehouse at (800) 599-7255. 4) Packing the equipment Pack the equipment into the boxes in a uniform manner to allow for ease of verification and counts of the equipment at the receiving location. This would include packaging radios such that the serial numbers point outward or upward in the box. This would also include packaging like accessories together in bags or smaller containers with counts noted on the outside of the smaller container which would be placed into the larger box. 5) Packing Slip(s) Create a packing slip for each box by going to https://etosl.ctdi.com/login/ Use your deal number (Example: DL1234567890) as the Logon ID. * * IMPORTANT NOTE: If you have multiple Deal Numbers, it is important to use the one that is associated with replacement of the equipment being returned in this shipment. If in doubt, please contact your Sprint Nextel Project Manager. Use the same deal number as your password. Click on Deal Entry in the top left corner. Enter your contact information and click "Next" Enter the Tracking #, if known. Enter the weight, if known. Select the Make of the item you are returning. Select the Type of the item you are returning. Select the Model of the item you are returning. Input the quantity for that item you are returning. Input the serial numbers, if the items are radios by clicking on the "Enter Serial #s" box. Click the box "Add Line" for the next item to input. When finished inputting the lines then click the "Build Carton". Print the packing slip for each carton and include it inside the carton. Retain a copy of all packing slip(s) for future reference. To retain a soft copy of the packing slip, go to the browser and select File > Edit with Microsoft Word to copy the file to Word. 6) Ship Follow the shipping instructions on the file Rebanding Subscriber Return Shipment Process_l2 20 06_vl.doc Nextel will be billed directly from UPS for the shipping cost. 7) Reconciliation Resolution Be prepared to assist in resolving any reconciliation issues that may arise from the comparison of the returns vs. the replacements. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 06/04/2008 Page 77 Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process REBANDING SUBSCRIBER RETURN PROCESS 1. Go to https://www.camPusshiP.ups.com/cshiP/create 2. Enter User ID: rebanding process (one word -small letters). 3. Enter Password: Sprint (case sensitive). 4. Click Log In. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 06/04/2008 Page 78 Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process 6. Click on "Show All" and scroll down. 7. Click on the correct destination address, then click Select. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 06/04/2008 Page 79 Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process Now click on "Shipper" Edit. Ver. 4. ~ Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 80 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process Ver. 4. ~ Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 81 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process 12. A) Choose "UPS Ground Service" and ALWAYS choose "Your Packaging" * * IMPORTANT NOTE: If you have multiple Deal Numbers, it is important to use the one that is associated with replacement of the equipment being returned in this shipment. If in doubt, please contact your Sprint Nextel Project Manager. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 06/04/2008 Page 82 B) Guess and enter the package weight. C) Add your Deal Number. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process Ver. 4. ~ Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 83 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process 14. Print your label by: A.Checking the "Label" box. B. Clicking View/Print. Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 06/04/2008 Page 84 C. Selecting your printer from the print dialog box that appears. Motorola 800 MHz Rebanding Project Attachment G /Equipment Return Process C 15. Adhere the label to the package and wait for UPS to pickup. D Mo[orola Confiden[ial Proprie[ary Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. Ver. 4. ~ Rev. 06/04/2008 Page 85 Motorola 800 MHz Rebanding Project City of Delray Beach, FL AttachmentH/Mediation Tracking Detail ATTACHMENT H MEDIATION TRACKING DETAIL Motorola Mediation Support costs have not been included in this reconfiguration proposal. If the Licensee requests mediation support from Motorola, these costs will be submitted via Change Order. Rev. 06/04/2008 Mo[orola Confiden[ial Proprie[ary Page 86 Design, technical and pricing information contained in this off"ering is considered proprietary and may not be shared with arty person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or itr designees. MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: June 11, 2008 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF ,TUNE 17, 2008 SPECIAL EVENT REQUEST/PRO-MOTIONS SPORTS MARKETING VOLLEYBALL TOURNAMENT ITEM BEFORE COMMISSION Approve a special event request for Pro-Motions Sports Marketing/Florida Beach Volleyball to hold a volleyball event on the beach adjacent to Sandoway Park on June 21-22, 2008. BACKGROUND Florida Beach Volleyball has had successful volleyball tournaments on our beach for several years, and is a very professional and cooperative company. They are asking permission to erect 15 volleyball courts on the beach. Setup for the tournament will take place on Friday the 20th, between the hours of gam and 3pm. The event will take place from gam to Spm on Saturday, June 21 and Sunday, June 22, and the beach will be cleaned and cleared on Sunday the 22nd. Players will be charged a $5 parking fee if they use the Sandoway parking lot which will be overseen by Ocean Rescue. The Florida Beach Volleyball Tournament is a much smaller event than previous tournaments on the beach, therefore, the usual donation is reduced to $500. A request letter for the tournament is attached. DEP approval is forthcoming. RECOMMENDATION Recommend approval for the Pro-Motions Sports Marketing/Florida Beach Volleyball Tournament event for June 21-22, 2008 contingent upon receipt of a revised insurance certificate. 20®~ ~l®rida ~ea~h Vg~l~yb~~~ Tour Bob Taylor City of Delray Beaoh, Florida 100 NW 1 s~ Ave Delray Beach, Florida, 33444 l am writing I reference to our conversation on the phone today concerning the possibilities of holding a beach volleyball tournament on Delray Beach. The event would take place dune 21-22, 2008. The proposed site for the event would be in the Anchor Park area. We are asking for permission t® erect 15 volleyball courts on the sand in this area. The event would run both Saturday and Sunday from 9 a.m. to 5 p.m. The set up for the event would take place on Friday the 20~h. between the hours of 9 a.m. and 3 p.m. Break d®wn would begin throughout the day Sunday during the event and would conclude by fi p.m. The Florida Beach Volleyball would be responsible for all clean up of trash in the area at break down. Pro-Motions Sports Marketing will secure all the necessary Di~P permits and will provide liability insurance with the City of ®elray Beach as additionally insured. Pro-Motions Sports Marketing will be donating $5a0 to the Delray Beach Ocean fescue Competition Team, and that event parking will be handle by Ocean Rescue at Anchor Park. if there are any questions or concerns please contact Gino Ferraro at 954-224-5739. Thank you for your attention in this matter and I hope to hear from you s®on. Gino Ferraro Pro-lUlotions Sports Marketing 1 FBVT 2400 SVV 16 court Fort Lauderdale FL 333 2 954..3 ~ 6-56421954-224-5739 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 10, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY ITEM BEFORE COMMISSION City Commission is requested to endorse the 3rd Annual Spady Heritage Day to be held on September 6, 2008 from 10:00 a.m. to 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of NW Sth Avenue from Martin Luther King Blvd to NW 1st Street; to authorize staff support for security, clean up, City generator use and barricading; to authorize set up and use of the new large mobile stage; and to approve event signage. BACKGROUND Attached are an event permit, site plan, budget and certificate of insurance received from Ms. Daisy Fulton for this event. Staff support has been requested for security, clean up, City generator use, barricading, stage use and signage. Although EMS support was requested as well, the Fire Department staff does not feel that it is needed for this event. The event sponsor will be responsible for event management, vendor approval and entertainment. Total estimated overtime costs for this event are $2,630, stage rental cost is $1,597.50 and signage costs are estimated at $250 for a total cost of $4,477.50. Per Event Policies and Procedures, the charge for overtime and signage would be approximately $1,222 and stage rental $1,597.50 for a total cost of $2,819.50. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the closure of NW Sth Avenue, staff support for security, clean up, City generator use, barricading, stage use and event signage to be put up no earlier than ten (10) days prior to the event, contingent on the receipt of a proper Certificate of Liability Insurance and a Hold Harmless Agreement ten (10) days prior to the event. City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT Event NameCTitle: ,~, y P a ~ `l l~ 1 V 1 Yl G t-t~ ~' 1 ~a QP ~A~ ~°~~G ~ Event Date(s):~+~ ~ ZED $ Times: d'A`h!1 '_ d_~_m Event Sponsor/Producer: S~„a~~l ~+~CUral ~~ri~aa2 ~uS~urn , _ Event Contact/Coordinator: _ ~ ~'10.~r ~ ~1 ~ ~bnQ C -- -- Name: Aanress:_~ _t' Telephone Number: E-mail Address: _ a Number: C~~) ~bZ- Event Description/Purpose: C~ r Q, G o ~n ou ar! r L~ o r ~ iCA1'z mcm+ Brief 'story of Event (if applicable): a '~ r 'r a Q D n a Corn k elf. d Ir p v ~~~~w~~ ® AR 2 0 ,208 ~4DI1Al1WSTRATIVE SERyl.C~S 'v rovtd v 'cuff FcS+iva l was ~ranrd (~N1 Sj'~` Av-e as wet I ~{5~1~~~ ~ ~~ L; v t~ {-kHi ~~ r~e~ - r~ - ~1 d ruraa coh ~n9 , + as a.r4 ~an n Panned Activities (Outline of activities/num ~ r of ac~vities, i.e. entertainment, children's rides, games, offer programs): ~ on i1,e Tra ~iian o~ ev,u; ssanc.~ f~.r~ i wi 1C d ta, hi is s5 s s,rp proressir~y~ the certi-~ a f ` ;nclu ~ ~ a~ a ~ rna~.k;n~ ~ a ur-gcr ~rd n ~ ~, 4 e ~hra ~ an 1 G s t }, ~ a.n d a P~PPC t ow + t 0 +Sst cum many V{~dors v.rh a ~ i 5 w[~.~c, ctXl aSS ar ta'F (~ ~~'o4.nr~ pro d"~S• Number of Individuals Served Previous Year ~ a ica le : oov Describe the targeted population and expected attendance: Yr - C dun 0300 t i Describe how the program or project addresses community needs: A Yts1~ -!~ a Gut~-ura,1 and h. sia-~«I rnvs~ur i+nvol~ a ~n of Socc n a m - i r m is tx ~d ~ h~ calfecf~i d i~ on ab 'n in nra~ivC, and easily accts ~ ~ _ 0. ~ ~ 4 i tUhiL~ ~ f~Yt~ ~' ~,_, :'n an r a sp ec, c. o~p ~ ca. art or a v,'s ~ r .u h o w an,~3 fu ~' Pend ~vr a~SOrb~ 5bm2i`~'i~+ 11ew a.nd ~nexpe~fcd-ezl'eC~ in Find avo-ri~e~y of prograrrimr ~v~.t m~~ccS ~~ Describe your~arketin romotions Program (How wil you marketlp ote, ~.e. TV„ P~~e..n'e•t~e vr~uncrabw radio, posters, flyers, web sites, other}: _ weh Qa~ . ~s.n is -' - ~ ~_ hA^ati~~., nrn»,~'I-~Ct ~ r1 N10.~kri-in ~=~Fort-S _.__- Sponsox Category (please check) City oNon-ProfitiCharitable s~Private ~a Co-Sponsor -Non}Profit/Private v (If Non prof& attach proof of SOIc(3),, c(4), c(6), C{IO), or c(l9} or {u~ Event Location (Describe area boundaries of event/location}: N. W;,., S~~''',~xc nve Site plan attached: yes, f . no (S#e plan requ~r+eaP for e~t~re event site. Lnclude locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Uld School Square: yes no~,~_ (If yes, attach proof pf approval) Private Property Use: yes no (If yes, attach letter giving authorization from property owner) Event budget attached: yes~,[~ no (Regrtired jor all events) Previous year Revenue/Expense summary attached: yes no (Required for all events) Do you have cash sponsors for the event: yes /~ no (Indicated on budget} Do you have inkind sponsors for the event: yes ~ no (indicated on budget) c:~ ~a seansa~.~'~n~cop~s~ci.r E~eot P«mit Applicati~ FnvAL 9.6.a~.aoa Serving or selling alcoholic beverages: yes no (If yes, copy ojHcense and alcohol lirrb~d~ty inr~urance required two (2) weeks pr#ar to event) Event certific$te of insurance attached: yeses ~ no_ (Required two (2) weeks prior to event naming the City as uddiNiinal insured, also required jar vendors) Playing of amplified music: yes / no (Waiver required) Will there be entertainment: yes '~ no {If yes, attached list of Performers and/or D7's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes / na Requesting Pglice assistance: yes y no~ {traffic cantrollsecurity} Will supplement with private security: yes~,^. no R.f3'~~ used plan attached) Requesting Emergency Medical assistance; yes /~ no Requesting- barricade assistance: yeses„ no (If no, how are you handling?) Requesting trash remavallclean up assistance: yes ~ no (Will be billed to sponsor) Requesting trash bones/containers and liners: yes ~ no Requesting stage use: yes ~ no~,~~ (If yes, check type) Large stage (14' s 3G') ~ Small stage (16' z 21'} o Half small stage {$' z 21') ^ Requesting signage: yes ~ no 1~pe: 4'x4'Even# sign ~ Parking Signs Bsnner hangin Indieate dates required,,, j W C~ ,~T''t1~Y (R'aiver required ijnrore than one (Y) week prior to event) Requesting City Portable Generator: yes ~ no_ (If yes, size & power} b'ood and beverage vendors: yes ~ no HY~ approximate number ZD {Health Department approval required) yes no~ C:IDocume~s trod 3emingslLisilDeektaplSpeciak Event Pit Apptia:atiaa FINAL 9.6.07.tlec Other vendors: Yes. ~ -- n°~ (Indicate type) _, ~ood 5 ~ S v i~~, - Tents: Yeses,- no If yes, Sow many 3n What s,~e ar size required (If yes, tent pernti~s and fire Inspections may be needed} Will the event include amusement rides: yes____-,,._ no_/ (!f yes, type and locattorr and copy of Ifabll~y Insurance required, also requires state license and inspection.) Wiil the event be gated: Yeses- no~ (Show on site map} Will there be a charge for the event: yes no (!. f yes, hidtcate ticket prices} Will there be fireworks or other pyrotechnics: yes no ~ (I, jyes, contact Fire Marshal to obtain and complete permit npplicattion) Roll there !~ cooking with campr~ssed gas: yes ~ noT~ (If yes, contact Ffre Marshal far inspe~ctlons} Wiil you be providing port-a-lets fir the event: yes / no (~f yes, locafe ors-site map. ,lf no, indicate how you~wi/ll'handle r9estroom needs) Is reserved parking rCquested: yes '" no_ . (If yes, indicate laCQfions QIld~lliTpOSe fQl use} Event Permit Attachments: ,/ Revenue/Expense Budget '~ ReyenueJExpense Recap Last Years Event ~' Site Plan ~/ Letter Requesting Noise Ordinance Waiver -- Letter Requesting Waiver Consumption Alcohol Beverages / Proof ofNon-Profit Status / General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Nbighborhood Block Party 30 days prior to event C:rAocememe end SeotingslLislUesktopl5peciel Event Penmit Appllextioa E+INAL 9.6.07.doc ,Z z) o ~ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1'~ Avenue, Delray Beach, Florida 33444. Required with permit application. For StaJJ' Use On ~~~ _..,. Date Received ~ ~~ Application fee received ~ C:I~acnmenrs end 3ettit-galLierlDeelttoPl$pecist Event Permit A~licatfoe f?II~U-1.. 9.6.l17.doc Spady Living Heritage Day Festival ~~ S~.HD 1 Last Upd2~ted: 2/22/2008 Budget Spady Living Heritage Day Zoa~ nd itu res-SLH D 2007 9%21%2007 3024 Alf Events Renal Spady Day ~ Tent $3,344:00 9/21/20.07. 3000'AI'f On Stage Productions.;Inc. Spady day -;Sound for Stage $1;300;00: 7/27]2007 295fi Arimbassador Printing Company SLHrD printing $125:00 9/21/2007 3001 Ambassador Printing Company Spady Day -Flyers: $545:00 9/24/20Q7 3051 Baca Raton Atlantic Bl~ieprint 5ipg`age $145;00 9/21/2007 3.002 Butch Hatnson Spay Day $750.00 9/21/2007 3U03 Camiluca::Signs Spady day -Banners $750::00 6/1/2p07 2891 City of Defray Beach Spady Living'. Heritage Day Festival $50::00 11/15/2097 3102 City of Delray Beach. SLHD. Stage:' $1,947.,00 9j21/2007 3032 Claude Giffin Entertairii~nent Spady Day .Performance $60;0{x: 9f24/201J7 3033 Clayton Be[I Spady Day,F1C ,. $30000 a :. ; 9/21/200.7 3:022 Delray Divas t Spady i~ay;~P~i-~'ormance < $200;4Q 9/21/20iJ7 3o0S Doubletree• ~ Spady t~ay~ - ' $1,t757~~12' 9j2i/2007 3021 Dyinin Inc: - Spady~ayPeifi`orrnance $15b:~Od 9/24/20,07 3035 Harold Fulton SE.#{Q; $22.4:44: 9/21/2007 3007 Hispaort=Cation Cultural Alliance-'Inc. Spady ~aji ' $1,04OQ 9J21/2007 3020 }r:'Drinkvuater Spady~ay Performance , $300:`';U0 8/29/2007 2986 Laga Gear T Shirst SLHfl , $Sa~02 9/20/2007 9/21/2407 1052 Logo Gear- elvin Carnegie ' . " 30141~7 T Shuts Spadj+,0„ay~Per~or'm2nce " ': $5~~x-~' '$~.;OOO~C~~ 9/~i/200:7 1:053 Melvin Carnegie . 5~adj~ day J Chi{drer~'s Nut $217:36 :..9/21/2007" : 3009 Miss D's 1Norfd Inr., Sparlj~ Day' $2G000 11/28/20117 3117 Office Depot. Me~bersf~ip`Drive $258:95 9/21/2007 - ...3010 Paim Beai~h Zs~o Sp~dj~,Aay i _ $1t~i~J~O 9/21/2007- 3011 Party Anima! ProductiansInc. Spady Day -:Clawri< $395Ob 9/21/2007 3019 Perfect Itesuts Ir1c. Spady Day $6dU'#;!0 9/24/2007 3034 Petty Cash SI-HD $x]"5;:93 10J17/20Q7 3069 Petty Cash SL-Hi3 $,~SA@U 1:1./6/200 i056 Petty Cash SiiHD $23.65 1"Z%4J2D0.7 3129 Petty Cast? grintiaT Meeting $14~r:93 9/17J2007 1051 Postmaster, .: Spa1d~ LivEngHeritage Day " $27,,.0;83 ii/].9/20tl7 1057 Postmaster Aniiu'al't~7eetfng $32:15 11/30/2007 1058 Postmaster. Ho'}iday-cards $53:02: ii/30/2007' 1(158 Postmaster McTnberstiip brive 2x08. $302.$2 9/21;/2007 3012 Production PdWerlnc: Spady.day -:Lights-` $x0o0a` 9/1/2007 3023 Reggie Laing Spady Day Performance ~ $1,000;08 921/2007 3017 Renaissande Perk. Spady~gay :$9,49188 9J~1/2007 3013 5chrnitt's' Pony Ranch- Spady Day $145`:00 9/21/2{107 _ 3004 Sondy-Cerrioip Spady Day - D} - $200;i}Q 8/23/2007- 2974.Spark TShli-t Loc3h Desigj~ $400;00 12/12/200..-7 3Y33 Spark T-5h'itt Design $400:00 9%21/2007 ,3018 Tornmy Stevens Spady Day $500:00 9/21/2007 3015 'Tony Thbma~ Spady bay >~ertortranc~e $60}:00 9/21/2007 3.006'Tyrone Smhth Spady tray $250:00. 9 21 2007- 3016• Nfiriston Hill S . d Da ='DJ 450;.0:0: ~_~r ~__, _.._~eaa...__ t'Jff G9G CA Spady Cultural Heritage Museum 1 4114108 W sus ~t na-x ~~ ~s ~~ a ~ a F ~~ ~ ~ ~ F' ~~~ Z ~~H ~~ W A .~ ~ C ~~ a ~~ ~o~fa FS1u3 ~r*~x ~~ ~oQ W A c~ 9 i d U 0 x (8!' X 0~~ x ~~~° <'~~ x ~8@' X ~0~' H~ ~~ a q ~~ ~~~a s. 4 ~ .~ ~' ~ g U ~~ ~~ ~ ao (s,auofisy~ d ~'i VENDOR PARKIlVG I e~ Q V ~nrxa xr ~xrx x~xtnz rui,~ ACORD ;-C~~RTt-F~ICATE-QF 1.~IA~B-iL~TY-.I~ISt~f~N~.~p~~ ~--~g~~~:-.::: °ATE'"~D`~,~T' . .. .. - - - - - E> 1 09/12/07 v+rDDUCER 7]-!iS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND:CS3NFERS NO RIGHTS UPON. THE CERTIFICATE McKinley rc iraancial Sarvic5es HOL4ER. THRS CERTIFICATE DOES NOT AMEN[7, EXTEND OR 545 i~Iorth Aadrena Avernus ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. dart Ltudards,ln FL 33302 COAAPANIES AFFORCING COVERAGE James Drake ~ ~Q"'P""" r I . No 54- 39-2685 ~,~ .954-939-2695 ~ A MarlLal Tntarrsatianal Insurance . ~, at+SlsREO 4 '~ B Great AmerieszL Tnsuraac:e ~- •- --~ $>mOCH, Tana. ~G~^' Claraace Vaughn 17. i~W 4th Avenue ~ coMPAra~ __..~...-._____..... r..._-- Dslray Swath SL 33344 p ~4VERAIGES .... .. :.. .. .. .... ' - .. .. '.. TMI$ 18 TO CERYIFY THAT 1HE PQliC1ES OF ANI,E LISTED BELOYY NAVE BEEN ISSUED TO TilE INSURED NAh1ED ABOVE FO;t 1NE POLICY PERIOD WOKATF. q NOTY4ITHBTANOMIUANY REOUftE-IENT- TERM Olt CDN01rION OF ANY CONTRACT OR OTHER ODCVMENT WITH RpSPECT 70 VvllICH THIS CERTIFICATE MAYBE L45UEO ~ MAY PERTAIN.IHE WSURANCE AFFOROEp BY THE POLICIES DE8CRIBEO HEREIN IS SUBJECT TO AlL THE IERM$ EXCLUSIONS .WO CLSNOITgNB OF SVGN POLICIES ifMITS SIiQMM 11t#lY HAVE REEK REDUCED BY PAq CLAtrAS - -d .7R 7YPl:OF Y~${.KtANGE i PQl1CYMIMBER ~ FOI,ICYEFFECTIVE DATE {A~lNYDO/1M1'] Ppll(.YEXPIRATIO OATS (FFNDD/YY) N LLAfTS i - GE NERALL4IBILTTY ' GENEfTALAGGREGATE S 30{10000 a x COAMiETtCIAt.GENERAI.LIABILTTY --- DiIR-a5os4~ ~ erg/12/07 09/7.2/08 ~PRODLrcTS.f~14VDPAI;G ~ ~.oaooao .r` .. . ~ CCAWS MADE ~ DccuR I PERSOIML6AOV NrJ117iY s 1oo0ooQ OWNER'8iCOlaTRACYOR'SPROT EACf4ocC17RRENGE S Zaooooo FIREDAfAAGE(Anranlr~- s5.0 000 .- -.. .. MEDEXpIAnyplYOMfYn1 h S 1000 AUTOrMOt~E L4MBILITY ANYA1770 ~ COMBWEOSM1GiELDAR -.. S _ ALL.OWNEO ALriiDB BQO~Y CRY ~ BCHEOULELT AU7n5 (Pr pr~on- S . HBiEL3 ATlT05 ~8QD0.Y a<t,plRY .~ I ' NDN+A16?IEQAUTd6 '- ''~~`V)" - S ~ ' uC .:: , :. Rf~ERY'/•d]M+fwGE F S CAMGERI ITY ~ .. ~ O OgIY - FA ACClOEMM S ~ :- -.- f .. '~ 3'HER1lIA1~l~,~11TO:ONLY '.-::•:'...:. - EACHACCIDENT S - _ ACORECATT; S -_.._ ' LxCE8S e.Y181LIY-' _ EAfiI GGCVRREHCE 3 ~ 3 _- j uMBRELLnFORM -' oTI+ER Tww ZBiABRS:tIA FORM - ACtIIiECAT): ___ ~ s 8 1NORI~R$ CCMP.'EMSA7IOFI ANO i IAIC BTATU• Y R . . EMPLOYERS' LlABltilY - ELEACIiACCB]ENT S T1IE PROPR~'rOR! XEC~tTTiIE PARITAERSIE` ~.' ~,~, ` - INCL, .,_ . Eta OISEr<8E ?POLICT LIIeT S . . OFf1CERSARE EXCL ELOISEASE-EA EMPLOYEE S ~ 3 OTHER ensiaass Parsontl Directors .G Olfic:e MZR-05QB41 ~ $PP6180747 09/12/07 07/16/07 09/12/08 07/16/08 Contacts $150,000 Dio $1,000,000 fussets<. ! The City o! Dalrtg Batch is nasad su Additioatl r„~~t 'E iiaLt~EFt•: •-• ..=:':•:::--: •,::.:••: - ~ CAIVC~li~tl0i1T=:...:...::.~.: ... - - - BIHDULOANY OF T}IE ABOVE DESCRIBED POLICIES 6E CAttICEUEO BEFORE TT1E - E%PTRATWN DATE TNEREOF. Tim ISSUBTG COMPANY vtlUL ENDEAVOR TO >IAAt - 3O DAYSVrRTT'TEN NOTICE TO THE CERTiFIClITE HOLDER NAMID TO TTeE LEFT. ~'Lt~OYLAi 1.n8171=~ ~~ ~ ~~~ BUT PwN.URE TO MAIL BUCH NOTICE BFNLL 1AIP'O9E NO OBLMfATIDN OR LIABILITY 100 ~ 1st Avflnua OF AMY IftlYD uAOM TTlE GOMPr4NY.1TS AGENTS UR REPTIESEAIrATAlEB. Dwlrsy SsBlah >d L 33444 cur IzE Re J e r~l,~i:" : ....... . . . ........... ... . ............ . . .. . ~ - - - - - ...... .. .. - ............. ..:'-`'~ii~oRd:etit#lolll:~•: MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 12, 2008 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 SPECIAL EVENT REQUEST/ART AND .TAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for August 14, 2008 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7d' Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1St Avenue, NE/SE 2nd Avenue, SE 3rd Avenue, NE/SE 4th Avenue and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, budget, site plan and Certificate of Insurance for this event received from Marjorie Ferrer. Although we are not asking to close Atlantic Avenue west of Swinton, the event boundary will extend to NW/SW Sth Avenue. Entertainment will be located in the library, in front of Atlantic Grove and in Clay Wideman's Parking lot. The estimate of overtime cost for this event is $6,575. Cost for the barricade rental is estimated at $330. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for all costs over $1,000 plus the full cost of barricade rental. The estimated charges for this event are $2,281. This event is sponsored by the Sun Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative contingent on the receipt of the Hold Harmless Agreement. ®~ Brief Histo Planned Activities (Outline of activities/number of ctivities, i.e. entertai me t, children es rides, games, other programs): lam,' ~ ® ~ Number of lndividuals Served Previous Year (if applicable): ~' , ~~~ Desc~rribe the targeted population and expected attendance: ~ ~ City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT I)ELkAY' BEACH All-America City ', ~ .~: ~ ~ ' ~ ~~ Name: ~ ~' d?~'~~ ~~ ~ Address: ~ ~~ ~, Telephone Number: ~ ®~ `Cellular umber: 7~~ E-mail Address: ~'~~~ ~ ~ .~a~ Descr be hqqw the program or project addresses communi Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, a. radio, posters, fl ers, web sites, other): ~ l ~ ~ Sponsor Category (please check) City NOn-Profit/Charitable ^ Private ^ ~- ~,. Co-Sponsor -Non-Profit/Private ^ -~ (If Non profit attach proof of 501 c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): ~~ '~I Site plan attached: yes no (Site plan required for entire event site. Include locations of tents, stage, portalets, tl- dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no~ (If yes, attach proof of approval) Private Property Use: yes_ _._~ no lii y~.J, a~~aCii iet~er glv'iiig au~iivi~t,uiivii irOiii property vrvii~.i~ .... Event budget attached: yes no (Required for all events) Previous year Revenue/Expense summary attached: yes no "- (Required for all events) ~~` Do you have cash sponsors for the event: yes no (lndicated on budget) Do you have inkind sponsors for the event: yes no (lndicated on budget) ~-- C:ADocuments and Settings\LisiADesktopASpecial Event Permit Application FINAL 9.6.07.doc Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes no Will there be entertainment: yes no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes__ no Requesting Police assistance: yes no (traffic control/security) Will supplement with private security: yes no (If yes, need plan attached) Requesting Emergency Medical assistance: yes no Requesting barricade assistance: yes~~ no (If no, how are you handling?) Requesting trash removal/clean u assistance: yes no ( - ~ C. ~~~ ~90`l~ ~® Requesting trash boxes/containers and liners: yes no Requesting stage use: Large stage (14' x 36') yes no ^ Small stage (16' x 21') ^ Half small stage (8' x 21') ^ Requesting signage: yes no Type: 4'x4'Event sign Parking Signs Banner hanging Indicate dates required (Waiver required if more than one (1 wee~ior to even A t ~~ Requesting City Portable Generator: yes no `~ (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes yes no no C:1Documcnts and SettingslLisiADesktopASpecial Evcnt Permit Application FfNAL 9.6.07.doc Other vendors: (Indicate type) yes no Tents: yes If yes, How many What size or size required (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: yes no~ (Show on-site snap) Will there be a charge for the event: yes no (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no (If yes, contact Fire Marshal to obtain and complete perrrcit application) Will there be cooking with compressed gas: yes no (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no (If yes, indicate locations and puf pose for use) Event Permit Attachments: Reveiiiie/Experisc Budget Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non-Profit Status ~ General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event Major Event 120 days priol• to event Neighborhood Block Party 30 days prior to event no C:\Documents and Settings\Lisi\Desktop\Special Event Permit Application FINAL 9.6.07.doc ~ ~~~ ~ Event Contract~r`Co di t Date Please print: ~~ ~ ~' Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. ls` Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only , rte.. Date Received ~.-~~/`.~,~~ ~~ Application fee received $ ~~'.~`~~ _. _..~ C:ADocuments and Settings\LisiADesktop\Special Event Permit Application FINAL 9.6.07.doc ^ 0 0 0 0 0 0 0 0 0 0 0 0 J 0 0 o 0 o 0 o 0 o 0 rv 00 o 0 o 0 I ~ o o 0 o 0 o 0 a 0 o m ~ ~I ~ ~ O ~ O 'd' O O O ~' N O ~ m to ' O O N 'lt' e~' M u'1 to ~ 01 ~ O ~l1 ' ~ <''> W O r N t0 ~ ~ ~ ~ h r' N N r O r 00 t1 ro N T ~ 0. I ~ N m W L~ W ~ l O ° O 0 O 0 O 0 O ° O ° O ° O ° O 0 O 0 O O ° O O ° O ° O O ° ° O O O ~I O ~ ho o 0 ~ 0 00 1 n_ 0 0_ n o ° m I u > o ~ ° ro a p N. < N ~ N ~ ~ ~ Ql M r O N O a m - _ __ - _ n - x o ~ c n N ~ m ~ ~ 0) ~ E ~ rn ~r N .. ~~ i a a ~ ~ ~ ~ Q N C E C r N N N ~ F- N C C6 _ ~ 'O C ~ . 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N ~i0 ~ W ~ 0 ~ r ~ ~ - _ m O 10 O d' 00 rD T O 10 O Qf N V ti O O e{ r M N h I o 0 0 p N ~ m l0 ao u) I ~ N N ~ O ~ 1011 ~ ~ N O ~ 0 0 0 0 0 1 0 0 ~ N ~ ~"' N M Ip ~ r ~ O ~ N N NN ~ N ~ ~ _ (~ ~ ~ -_ -- - ^ ~ ^ ~ O O ^ Q a' O O O O O O O O O ^ Q ~ ~ N 7 N n ~ U Q - - - ~ ~ ~ ~ _~ OI r -_ _t O _ M M r ~ a O r I N Oi I Z h O u'~ c0 ° M ~ O o O ~ O o I`- h tD O V N M In n h N W ~- (V N Q ~I ~ M _ _ _ O V N (O ~ O V 1~ M N o p1 n7 ~ N In 7 Q Zj 0 0 0 0 O O ~ O T 7 N ~ U ~ r ~ M ..~ C V - _- - - h (D ~ In N ~ O M I~ If') V O O O (O M M N ! ~ M I~ T I O r M N r fD ~ r- ~ W -- - i ^ ~ l6 ~O O O 0 0 0 0 ~ m h O O ~0 I~ N -- O In l V r h O In O O O ~O) 10 ~ 10 10 O] C 7 N 0 0 ~~ 0 0 0 OI ~ O . l) M (O ~ I M ~ ~ U ¢ {1 O N O O O O O p O 10 [t to ~ N .. O w t m c~ .- N m N r f7 r v N M ~ U ~ N - - - - - _- _ - - e' ~ I ~ D o` >, uJ c f ~ v ~ O (n Z U " 00 ° O ° m Q ~ ~ ~ a W r ; N v o c f m ~ C ro L~1 ~, N ~- oN Q °~ a co > o ? t o 69 N ~ ¢ m °' ~ ~ oa ~ ~ ~ c W ~ w V O ~ a ~ ~ W ~ ~ .U ~ ~ , QI QI V E N N m H Z ' y y ~ ~ • ~ ~ d ) 3 C T E Z vq C m (0 C) 0`0 ~ G~ m ~ O Z W ~ ~ d ~ C E O v~ ~ .~ H N r Ol .~ ..-, w U ~ a .~ II O_ '~ ii N ~ W ~ 7 otl ~n ~ ui a . o, ~ a y ~ v r E ~ ~ m m C co 3 0y ~ ~ U ~ W . E c u, ~ as w r ~6 ~ N L ~ p ~ L ~ E m ~ K J Z _ Z ~ ~ a~ a1 E ~ 1p ^ ` ~ O m o C7 c ~ ¢ a m X c0 W w c " p> N m = 0 W H al{ _ J ~ p m m Q w d c m o ~ r o N pr ' W o. c a n. ~ ° ~ Q Z a~l ~ ¢ V ? ~ ~ .o ~ o ~ E c4~ o N =~ r ~ a u~ ~ Q c m m ~ ~ c v a~ lw ~ v r a ~ m m = ~ o ~ ~ ~ ~ w+op ~In °- n 3 ° ~ ii 5 a rn c rv o n > ~ F- ~ ~ E- ~. - ~-_- _ - ~11' _ _ _ __ 'Y'~'- [~ Irv s n~ ~~ ;:....- ,'-:~'~ ~-{y MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: June 12, 2008 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 GENERAL RULES OF PROCEDURE OF THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION The item before Commission is a revsion to the Code Enforcement Board Rules. BACKGROUND These proposed rules revise the earlier Code Enforcement Board rules to provide that only one meeting is required during the months of November and December, to include the Quasi-Judicial Procedures, and to provide that the order of business at hearings shall be set by the Board. The Code Enforcement Board approved these proposed rules at their meeting on May 13, 2008. They are attached for your review and approval. RECOMMENDATION Commission discretion. GENERAL RULES OF PROCEDURE OF THE CODE ENFORCEMENT BOARD CITY OF DELRAY BEACH.., FLORIDA Article 1: General. The Cade Enforcement Board (hereinafter referred to as "the Board") shall be governed by Chapter 37 of the Code of Ordinances of the City of Delray Beach,, Florida, (hereinafter referred to as uthe City"), Chapter 162 of the Florida Statutes and the General Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission of the City. Article II: Officers, 1. The Board shat[ elect a Chairperson and aVice-Chairperson annually in the month of January at a regularly scheduled hearing from among its members by a majority vote of its members present and voting at the time of election. 2. The Chairperson, or in the absence of the Chairperson, the Vice- Chairperson, shall preside at all proceedings of the Board and shall rule on all points of order and procedure. If both the .Chairperson and the Vice-Chairperson are absent at a particular hearing, the members present at that hearing shall, by majority vote, elect a member to preside at that hearing only. 3. The Board Cleric, appointed by the City Manager, shall administer oaths, record proceedings of the Board, keep minutes of proceedings, take roll calls, record votes of the Board and carry out related duties pertaining to preparation, posting, and distribution of agendas, distribution of materials to Board members and preparation of Board Orders for signature. The Board Clerk's designee shall assume the aforementioned duties in the absence of the Board Clerk. Article III: Hearings, Quorum, Order of Business, Conflicts. 1. The Board shall conduct a hearing on the second Tuesday and on the fourth Tuesday of each month, except during the months of November and December, at 1:30 p.m. at City Hall in the City, unless there is no cause to hold such hearing or if a particular hearing coincides with a Holiday as designated by the City. Annually in November and December, the Board may only hold one meeting in each month. 2. The Chairperson of the Board may call hearings of the Board. Hearings may also be called by written notice signed by at least three members of the Board. 3. A quorum is required to conduct a hearing. A quorum shall consist of four (4) or more members of the Board. All findings and orders of the Board require a vote of a majority of its members present and voting, except that at least four {4) members of the Board must vo#e. 4. All hearings shall be open to the public. The Board Clerk shall administer oaths to all persons testifying before the Board. 5. The order of business at hearings shall be set by the Board. 6. If all business cannot be finished, the Board may adjourn unfinished items to a future time and future date certain. Notice of the future time and future date shall be given to the respondents affected by the adjournment. 7. Conflicts: A Board member shall not abstain from voting unless the member has a conflict of interest pursuant to the requirements of Florida Statutes, Chapter 112, Section 112.3143(4)(a). Article IV. Absences, Removal from Office. Board members may be suspended or removed. for cause according to the procedures for removal as set forth in the Code of Ordinances of the City. Article V. Parliamentary Procedure. Roberts Rules of Order shall be the final authority cancerning questions of parliamentary procedures. Article Vh Hearing Procedures. 1. The Board shall be governed by the following rules: a) Hearings shall be informal and need not be conducted according to technical rules of evidence. Hearings shall be conducted in accordance with these rules. Fundamental due process shall be observed and shall govern all hearings. b) All relevant evidence shall be admitted if, in the opinion of the Board, it is the type of evidence upon which a reasonable anal responsible person would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible aver objections in civil ac#ions. The Chairperson of the Board may exclude irrelevant or repetitious evidence. c) Should a Board member request additional information not included in the supporting materials provided for a particular case on an agenda, the request shall be directed to the Chairperson. The Chairperson shall request that the Board members present vote as to whether the requested materials are necessary to render a decision in the particular case. If the Board by a majority vote of those members present determines tha# the requested additional materials are necessary, the case shall be postponed to a future date and time certain to allow the Board Clerk to locate the requested infarmation. d) Hearsay evidence may be accepted for the purpose of supplementing or explaining direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision, unless the evidence would be admissible over objections in a civil action. e) Each party to the hearing shall have the right to call and examine witnesses, introduce and examine evidence, introduce exhibits, cross-examine opposing witnesses, impeach witnesses, and rebut evidence.- f) The respondent has the right to retain an attorney for representation at a hearing. All testimony before the Board shall be under oath and shall be recorded. The respondent or the City may cause the proceedings to be recorded by a certified court reporter ar by a certified recording instrument. g) If the City prevails in prosecuting a case before the Board, it shall be entitled to recover all costs incurred in prosecuting the case before the Board. 2. Proceedings relating to hearings shall be in the following order: a. Swearing in of Witnesses. All Witnesses, Parties, the Respondent, Citizen Participants and their representatives and City Staff who plan to speak at the hearing shall collectively be sworn at the beginning of the hearing by the Board clerk. b. Disclosure of Ex Parts Communications. The Board members shall disclose any ex parts communications and disclose whether any member physically inspected the property. To the extent possible,. the Board member shall identify with whom the communication took place, summarize the substance of the communication, and the date of the site visit, if any. The Board 3 members shall give the Board clerk, any written ex pane communications they have received that are not already included in the project file. c. Presentation of the Case. 1.. The City Staff shall present its case. 2. The Respondent shall present its .case. 3. Parties may present their case. 4. Citizen participants or their representatives may speak regarding the violation. 5. The opportunity to crass-examine will occur after the presentation of a witness, and the manner and the conduct ofcross-examination shall be as provided in these rules. 6. The City Staff, the Respondent, and Parties may have two minutes each for rebuttal 7. The Board may ask questions at any time during the proceeding. 8. The Board will commence deliberations and render a decision. d. Cross-examination. 1. Persons to be Cross-Examined. The City Staff, the Respondent, Parties, their respective witnesses and Citizen Participants are subject to cross~examination as set forth herein. 2. Cross-Examination Guidelines. i) Citizen Participants are subject to cross-examination by the Board Ghair only. In the event of an absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. If the Staff, the Respondent, or Parties desire to have the Board Chair cross examine a Citizen Participant, they shall, whenever possible, present written cross- examination questions- to the Board Chair prior to the commencement of the cross-examination. The Board Chair shall first ask the cross-examination questions submitted by Staff, then the Respondent, and finally the Parties based on who submitted a request and became a Party first. The Staff, Respondent, and any Parties' cross-examination through the Board Chair is limited to two (2} minutes per Citizen Participant. ii) Only the City Staff, the Respondent; or a Party may cross-examine non-Citizen Participant witnesses. iii} Cross-examination by City Staff, the Respondent, or a Party shall be limited to twa (2} minutes per witness each.. iv} The Board is not limited to two (2) minutes and may ask questions of anyone who testifies at any time during the proceedings. 3. Relevancy. ALI relevant evidence shall be accepted. 4. Scope. The scope of the cross-examination shall be limited to the facts alleged by the person testifying in relation to the application. 5. Good Faith Questions. The cross-examination shall not be designed to merely harass, intimidate, or embarrass the person testifying. 6. Power to Halt Cross Examination. The Board Chair shall determine whether the question and evidence is relevant and the proper scope of cross-examination. In the absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the mee#ing in his/her absence. The Board Chair may defer to the City Attorney (or Assistant City Attorney) to determine the relevancy of the question and the evidence and the proper scope of the cross-examination. The person conducting the cross-examination may be stopped from pursuing a line of questioning, if the questioning is on an issue that is not relevant, the scope of proper cross examination is exceeded, or the cross- examination is conducted in a manner that is designed to harass, iintimidate, or embarrass the person being cross-examined. If a person conducting the cross-examination continues to pursue improper lines of questioning, the Board Chair may haft the cross- examination. Article VII. Powers of the Board, The Board shall have the powers to adopt rules for the conduct of its hearings not otherwise in conflict with Chapter 37 of the Code of Ordinances of the City, and Chapter 962 Florida Statutes, to subpoena alleged violators and witnesses to its hearings, to subpoena evidence, to take testimony under oath, 5 and to issue orders having the force of law commanding whatever steps are necessary to effect compliance. The City, the Board, or the respondent may request that witnesses and records, including surveys, plats, and other materials, and other evidence be subpoenaed to any formal hearing. The Chairperson shall provide the Board Clerk with sufficient signed and blank witness subpoenas to be provided to a respondent for the purpose of subpoenaing witnesses, records, and other evidence. The respondent shall pay to the -City a fee of $22.00 far each subpoena issued. Article VIII. Appeals, Reconsiderations, and Board orders. 1. Appeals: Every Board Order shall be final subject to the right of the aggrieved party, including, without limitation, the City or the respondent, to appeal to the Circuit Court of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County, Florida. Such an~appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. 2. Fine Reduction, Time Extension and Reconsideration: A respondent or petitioner may request that the Board extend or reconsider an order or a fine amount. Any such request must be documen#ed on a form approved by the Board and available from the Board Clerk. However, such request shall not be construed to extend or in any way alter any deadline for any party to file an appeal of a previously executed Board Order with the Circuit Court. 2. Enforcement Orders: Every Board Order shall be in writing, shall include findings of fact and conclusions of law, shall be signed by the Chairperson or Vice-Chairperson, and shall be filed in the office of the Board Clerk. A copy of the signed order shall be served as specified in Chapter 162 of the Florida Statutes. The Board shall, in every proceeding, reach a decision without unreasonable or unnecessary delay and shall, in all instances, reach a decision within twenty (20} calendar days from the date of the hearing at which the case was heard. Article IX. Adoption; Amendments; Required Review; Effective Date. These genera.[ rules or subsequent amendments: 1. Shall be adopted by the Board by a majority vote of members present and voting at the time of adoption. 2. May be amended by the Board by a majority of members present and voting at the time of adoption of the amendment, however, said amendments will require approval of the City Commission. s 3. Shall be reviewed by the Board every two years. Commission. 4. Shall became effective upon approval by the City 5. Were adopted by the Board on this l o day of ~~ .~ c~ ~~~20 Qom. a N G~ Ch rperson, Code Enfo em t Board 6. Were approved by the City Commission and became effective on the day of , 2QQ_. ATTEST: City of Delray Beach, Florida Rita Ellis, Mayor City Clerk Approved as to Form: City Attorney MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 9, 2008 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF ,TUNE 17, 2008 SERVICE AUTHORIZATION N0.3.2/KIMLEY-HORN AND ASSOCIATES/MILLER PARK IMPROVEMENT PROTECT ITEM BEFORE COMMISSION Request for approval of Tasks 1.0 and 2.0 of Service Authorization #3.2 for Kimley-Horn and Associates in the amount of $29,620 for provision of supplemental consultant services for the Miller Park Improvement project. BACKGROUND Upon completion of design plans and specifications for proposed improvements to the Miller Park baseball facilities, a guaranteed maximum price for construction of the project in excess of $7,000,000 was submitted by The Weitz Company, the Construction Manager retained to build the improvements. The project budget was previously established at $5,700,000. As a method for reducing the construction cost to a value more in line with the established project budget, the City terminated the Construction Manager's contract, opting to advertise for competitive bids for project construction. It was felt that the current economic conditions in the construction industry had created an aggressive bidding environment that would yield reduced construction costs. To ensure that bids would be within the range of the project budget, staff reviewed the scope of improvements and establish a base bid scope that could be expected to be completed for the budgeted funding level, with remaining improvements listed in the bid as add alternates to be awarded as funding allowed. At their June 3rd Regular meeting, City Commission approved a staff recommendation for a bid format to accomplish the goals as stated above. Under the previous Construction Manager at Risk program, no competitive bidding scope was required, so there were no associated fees for those services included in Service Authorization #3.1 to Kimley- Horn for project design. Additional consulting tasks consisting of preparation of bid documents and participation in the bidding and negotiation process for awarding a construction contract are necessary for the current design-bid-build delivery method. Those services are detailed in Tasks 1.0 and 2.0 of Service Authorization #3.2 for Kimley-Horn, with corresponding fees totaling $29,620. Task 3.0 addresses required construction phase services for a proposed additional fee of $85,228. Since the scope of the construction project will not be determined until final bid award, we are not requesting approval of those consulting services at this time, however, they are included in this proposal to provide an order of magnitude for required supplemental consulting fees upon award of a construction contract. FUNDING SOURCE Funding for this request is available in account # 334-4173-572-63.90, Miller Park, Other Improvements. RECOMMENDATION Staff recommends approval of Tasks 1.0 and 2.0 of Service Authorization #3.2 for Kimley-Horn in the amount of $29,620. ~1 e '1' '~t)f3~ ~:I~RV~!~''F .~ :~[~I~'1`.t~`lt'~~~'~1 ilk. ,3.2e ~1~~ ~~'~-I>~ t~f~ i~~~:14'E~~: N'I'' :F4lt ~'~ [t~I,~S~I ~'R()F EF~SSt(11~fAL SEk~1<C"E~ bA1'~'[) 1V1AY 21, ~tl~4y IiF~`~V>F F.N '1_'~l~F Cis"l'Y {~~' ~ihis ~T~IZ~r1(;~ ~ s .: ~~' : )I~ ~ha~~'rn4tdrf~, ~~+he,, ii;ssit~1~t31. sexv~c~.s t}~rc~4t~aent ~{~~~r{tl:l;rVll~•~7~be~vc~;n tk~C,ity~ E~1 lacl~t'tiy~`~3~<~~h (~'~TY~~ ~~td ki~n~~~y-1=i~rn and ~~1sst~ciat€ s (.(.'€~nsultatit} rcticrcrt~ed abbe ~r~d s~~all lac.€~r~~a part c>#-llra~t A~t{Kt~l'?~1rI~'#' as ~~~~-ittti3~sr~in iull.~ ~l~ange~ in t13~ ~x~ciic~~tec1 ~co~e of Ser~~ices w~i!71 be st~~?}ect tci uci~€~ iat;orr ~ i~n~31~r~,t:~cl ~tl~xzn7~~i ~ ~~rrtend~rterzt to this a~reem~~r#t~ ;YIEZC).I 1FC; ;~' ~DF,S~: ~f ~N~ ~~~ity c~C~)elt'av~c€~c>f~t #~r) leas ~:xpresscd ~i deli~re t€~ ec~r~c~ertNf~}~c pr~~ct~rer~~cu# a~et~uci ~'c~r the constructiun,~u~ Iu1!i tt;r ~'ar1~ *,rz7~rta~~:r~et~zs i~o~tt a C'onstru~e~~~'I~!f~a~nab€;t~ ~z~.kisk.tu a traciitie~~i~l hidfbui~ct ~projec:t. tls suc12 the City ~~€~ld laE`e tic; t~>~o~~i•~i~; set~~ces prc~~~icl'ed hy~ x~~~y-:l-[orn and ~1ssr~ciates, Iris. (KH ~~Zt;vise tht, constrt~~ti~r{ tioc;t~ntexit, tt~ ii~iu€le, phds~d ecx~st~ctic?~'~s~d €5~. icrt.it~l~;b~ni~et o~f $5.`~ n}i~+liurt. .. ~'r~par~~ ~~nt ~tt~ ciuEtt#~iet~ts (~~sjr~~ city ho~lex ~ilaX~) fc~r a tear~i~iona~l ~idfl7ui:~i1 ~pru~ee.t, .. I'zeparc, a sclt~d~tie of biti iltenaS which will ij~c;lude hale. lid phis al#~ntk~t~--- hrut~ic~e serviies durint; the iaiddiu~ ~d a t~;ar~ ;~ruce~s. ~'t~it#~ litnitc~:SGrv~es' <iitan~ cc~i~~uti~-u_y .~~()NS'~`»C'T#(}N Db~'1~iV~tN"li`~1?1fU1)1€~~+ yl~il.~~+~2'f i f )~r ~c;ux; cat'wc?r~k~~vil~~ic~~~4 ~~,}1'c~wns;: I~ eucse t~ c~t~struc;t~t~r3 ci€tcufttc;r#fs.~nclrzdc~~astic~ cunst~icti~j~.,~aticci t3i1 ari ~nitial~ bxt~lgct of $~;~" ~ni~;~'o~~ as€;c~ ~xt~ citir uYe~ ti~ng ~~r~~itay ,~, ~f3C}~ ~~ C'ity~ wutil~c~ eke ;ic> r~paclta~e the ~ttt~~ut cc~~si riicti6t~ dce~ments ~o :int;l~c~e a l~~ise ~~icl with ttd~l. ~~~tei~cktt~s ~w~'tt~~r E~l~ C`ity-- i~€~tldi he ali!c~~v~cli, tras~cl ~~ ftz~ds avaalttb~e, tc~ ~cel7t ele~r~ea~ts ~7~t~ ~prv3c3€;t. ,"t'he cuz~'en_t ptc~~eGt kltul~c~ ~i4, $5,5,~~~,jlfic~ti. ~'h~ base bits wlYich Q~ ~~ia~~d ~><: i_n the ~5.() trrl~i~il t'alx~~ wi~l~ ~ze~uc~c tie curxetxi ~a~' (htc ~s ~jxc};ic~tted in the clc>ectmezxts p[txs il'tc :adc~itic~tt f3C~t~z~; ~c;cxnct*ssitxra stantl_ j~dd alternates wild itlctcrde rtd~litia~ial tic}d cvt~s~tntcti~z#, parkirt~ lots; storage s'lx,dt', ~~ivi}2arx, z-c~l~«ticzrt ctt~tlxe pla}~ ~~•ca afx} i#n~rzt~~t~tvt~t~5 tcz l~,iftlr; ~t~n~~~y. ~}~A will deu~lczp a r:5linxate c~€ p~cxhal?le cckzstrtzeti~z~ c.tlst cxf~ t~ 17atie. bide arTt~a txdd- ~ltcz-rja~es. Csraplrxc:~: will ktc; prepared tc> rc}p.re.serxt t}te base hid and ad~~ ril~crrtates.. ~3x;c;rws4 ttac;~ (>oi~sti~t~titt~ ~lc~cs tacit, tr~et~-~1~ die cast; ~ ~ ]abc~r~ rndt~;rit~ls, ~;c}u~xzxen~ ~r ser~~ices #ttrniskxec~ iby c>tlxex-s, titc~tl3acls r~t•<}ctcrt~tizxnt; ,prices., r~r cor~xpettivu bidd'in~ ctr rtxaz~c~t co~xditi~~ns, a4xy ct,~itl~ons. ~endtx'ed ~s to casts,. trzcl~rditxg but. nat, ~i~txzxte~ to o~izticx~s as try tlx~ c~;sts a}~coztsfnteti<it ~ncl z~atet'ials. shall be ztzade axx ttze Ix~s~is cal its ~;xperie~ace arad z'elxreset~t 'idis ~ttd~tn4nt as an e~~pericneed arici cjtiZ~ili.Irrvtessiczzx4ili. 1'rxtni;}i::tt with the ind~zstr~_ 'l`}i ~rrtxsultanl cttnrk«t send' dacs fiat guararltce: th~t,pro~~osals, bids car actual c<zsts mill rzczt vazy f~'<xix its ~pinicar~s z~f`tctst. It~th~ t'Ii~nt willies ~reat~r assurance a5 ~~ tlxe azrt<~tattt v#~~rxy~' calf, i~ shall entpl~y an it~cleperttl~rtt cc}stcstrtrxzatr~r. f~'~t3su~tat~t's Serva~es rc.~~t~Ced ~~ brim; casts ~vit}xizz ttmy'ziZit~tti~r~ esiabli~}te;d ;by b ~e C'tient v<~ify~~e ~iai" ~ pis ~~ldiiczntt~l; Services t.~~'~~p~z~zr: f~rcxat,end,c~acuttxt.tit~ (t~sizi~ ctlr ~ca(~r~t~~:l #:~r a tradtctna~bl!c}%bt~i~c~ ~t'cxj~et. ;} Ix~; ~ ity t~at5 pravded ~I~A watts; a stazac~arc~ boiler plate. K.HA ~niiT edi tkte c~ocuz~zent izx:lu~i~n~ bid,. number, bid. date; ~pcnin~ ~3aie, per~artxzctz~zce and payrxxettt }xrzxi recluiref~zzts; etc; incctr~xerrate the t~c:lrzie~l spe~~ic~tozxs ~~~1' prczvi~c}e the carxzpl~tetl tlcacctnxetrt h~cl to tlxe (~itt°. K~-'tr1 v~~ii~l ec~if t~zr; tcePtaxica~ speci lie"aticzns tiz zxtatclx a ibidIbtti~rl prc~~~;et. ~~~aril'y preparataxy~ tems).K~-1, ~i~da~icatinexs tQ t~l~ startc~arc~ mi}er i}~latc va'.~} be ~inx~tec~ to the ttn:zxxs listed al7ave ancl.do ~ic~t it~elttc~cl a ~e~a~~ re~rietiv crf c;antz~ct lart~z~e /t~mrs azad ~cc~ntl`i~tiatzs ~tiat prcztect the `' it}:~ ~lxc>s~; c~>~lFes; ~neede~ Il }tt- ~rc~vided, by t3~~ ~'ty ~ttarne;y. ~I~e~it$c~r°cr~ilr ~'rcvi~d~, #av~ iE5} sets: nt'rc~~ised. drxt~nzts ~~ ~r~a~.~suew'(l~l~ns azxl Sped#c,:zns~. ~1ny .rt;~~.r~it?ts vvi}l.}a~ ~~cr>}-pr~t.~u+:~~l-3id ~t { ~e~ '}'ask ?-E~;~ .. -< Si~r~e t~~5 ~t~•ilI ~~ a ~trYiitct}-~ hi`c~ }~r~~ec;#a, ~ ~ti rr~g s - ~~~ Ise {~rv~~icl'ec~ Iiy the'. ~e~E a '1'carti. ~wsetnlIe ~.r1c~ ~c>ru{ar~ar~t>i~struetiorr tlcx:urxr~rtts <rnd,°tecYr4--ier<il spet;il:4catioias icy ~':~ty its. sulrport trt tire. I?id ~rcrccss !l'r4paxc'E~r, attc;racl ar7El chair tin ~{1 j pre-1?d c~rif~:rtnc~, '#~regaFe attclt'rtc~rrrrt wl~c~ wi~Il in~~~:tt~,~r~~.t~i'n~°~~~irr~tes f~o~ the ire-~c1 cottftrt?raCe ~7t's~ioricl fn «ritfng #fl.;t~asc}rt~atjle C'orrtr~rc(or'~}~estons_~ ~'rep~rre acid`i~tit~n~rl a~~enc~<r atr i~~#tii str~~er ~7~' clays ~i~~r ttr iit~stpt:r~r~~. i~" tieeess~rv. Ke~=iew hid rrr5tifts arzc~-pi~ovi_tle ~iid 1abulalitrzi tt~ the C;it~~. ~evie~'the cluali[3cati~irs t?( the lc?~~y l~iddcr a~ci,~~rc>~~ide~writtit~ sut~~ty artcl rcct~titeratlcrtiUZ~ I~ the ~~t~°., '~tic>f-cr~l~r~.~s ?r'ovide or3~€~,I~°sei ~l~.t~n~i~l~i;u>iisirtrctivt~ttvt;u~In~nis f a'rt~ cap~~~ e C~.l}~ ~electro-uc ~<~rrt~~ai I'I3~' anc~ UW(~~ #o .tlYe {~'ity ter repri~dr~etior~c~t~. ihicl~ clc~c~rr~e~4~s. '~ro~~i~e azfderrdrim {s) irzelrrc{ig ire-~c~„rrxeet}r1~ r~atrrut~s_ ~~'rc~~:it}c hi<1 ial7~~}aftc>n. ~'r<avicle- reeijrnrrrcrrdat~i~n r~:ga~r~rr~ ri~~~ Ir~I:~'~'~;I) f'U~I~~'ittlC'T~(>aN ~'T~ASI+; ~~CIiZ~~:'I~'>>S ~~ provide iirrtz~ecl ez~rrstrtzctx~n }phase sen~iees ter tlt~Trrvr~-~a©se ~~~-~-i rrtec ter the City cluriri~ ec>n:~true;iiori. 1'ltesc~ 5t;rvices are as ~'calltr«-s: Ite~;icty and al~prcfve t4r rti~c appropriate ~;o~a~rcr~t ora s}c>.p tira~iztgs: ,~~ttetlcl u,}~ to :tin (l ()) cfl~s~ruLtiorl cc~~rcltrratsorilste visits to rt~~rtitar~ t a(~rt~tt~actor's progress ~fc3r ger~rai cctrtipli~nee with tl~e Marts. Suer c+isits aril t~l?scr~~ations ~rre rzot ~terzt}ed ic} Iae ~;xliattst~:ive or to ~eYic+rad tc> every aspect Qty C'Untracttrr'S ~vorl~ in {~rc~gress. ()fiservaticrris ar; t~ tic lrrrrite~ t c;I~eckix;~;, selecti~~c rtrea~urer~aerats, grill sfi~~ilar rrr~tlic~s c>f ~~nera~ absez-~~ti~it of ~~e ~ur~r~C ~ascxl or%I~HA;''s c;xcrc~se oI'pro#~~siurral jue~~rricnt. F3asecl ~ i•nfic~t-mat~>~n c~Iitar~e~ ciurirrg such visits aid suc:I•i c~bservat~e~rrs~ Ki;'tA will dc;termimc i~'lh~ C~c~rltratt~~r's ~vc~rk is ~r# general Ix~c~ccedrr~ ixr~ aeLVrc~artce z~-itkt tht' (.'o~#r~aci ~'3oer:~i~rents, art<l KI-IA s~~al'l >~~~ City i~~or~rrled cif fihc, general progress bt'tlr~~ ~~vr~r~. ~2cspond to a re~asartal~Ie r1~~~ ~`1~~.~g~~st5 lar Inl`~r~~atic>n {IZ~`I's) i'crfc?rr~r ~r1e srzhstariti~f~ eoru~Ietir~n~c~f~:~~rvalior~ a~r~~~~~,~re ~~u~ch~,i~. .~"rov~cie a ~Ii~nal .itlsp~c-tion Review i•c;cvr~ c~rawi~~;s as l?repar•ec~ "fiy the; t}rifractcr~ ~rralatiijrts rjf ~~c'_s~~r~nshlitic,s_ ~EE~1 SEt~~I~ ~ti~>t ~e t'es~cii~sil~lc #'<>r tla aces c~1° z~issic~t~s i~~i at~y C'c}refractor, ~r at~a~tty E31`tller tiube.ot~t~rt~ctc~rs, sup~~'~crs, «t~ ~~f ar~y ;her it3d~~i~uaEs or ct~tity pert~r~tat}~ car Tiua~i~l~~~~~ tl~e w~rl~. ~:~1~'1 shall nn~ have the tthctrit3~ ~r ,tespei~~ihi~lit}~ tc~ ~ ~~e ~~t~tl~ ~~ ~ "~ot~t7~etc7r. ~.~~~~lli~'TIQNr1, ~~1;2a'N~tY+;S~ #Aa~~~i~~ pr~vic~e as:~rec~uestcc~ ari~aiitEtorirc;cl ~;"ity~adc~itcattal seri~iccs t aS''b; tlesi~'ec~`17e~ancl~ tlav5c cs~rt"`~~ed i~n t~~e ~cop~ r~i, `sei~'ic:es~ ~t~s~ adc~itiii~rt~l °r~icxs, r+i'a~~j-, niay it2clrtt~e,.bu~ mkt litr~te~i tc~: ~. Additinzta! t1~eeti~tgs v~-i+t~ the City re;v'i~e~~ a~enci~s car revieti~°'lxrx~t~s. ?. #Z~c:tz~lltt~ ~r resubrtii~tal t~ Cit~° Site ~'la~t ii~.~-~cs~r Sc~ar~ 3_~ ,l'~#fi=tune.Rc~4idcttt,E'rnFeet kepreset~tativ~ ~i2~'Et}servie.~;s., c ~h~ ti>r~suttt~t3~ ~-iT~ ~t;tuidc t~ie'~a.5t"c: st,tv~ices tfesc;~~bt~c# ~~x ~~:~ scope :.fat as`~s ,.Q, ?.#} attc~ a.~ t~# the attauintts a5 c~~tailec~ Maur. ~~l~e C'<~nstilt~~nt acknrtw-lL~ge~s Shat the City. trtav ~~ut~h~}ri;tt incEi{-iittta# 'Tasks, ~tnv c,c~inbintt~ton cat-Tasks ar all tasks, ~~ t~s ciisc:reti<~n; and hat tkte City w.iFl ~mvid an arrtkt~rz?ati~r~ to roc~cd°~vr ~aeh"I~asi* a roved. ~ P X13 ~~'ri `° (`c~~1sn1~la~nt- Kit~l#~,y-~I-1~3rtt atzYi' ASSOC;"rates ~Ki-~l~j~ $ £iS,3~.()(? ~3tri~ it~~ ~lrchi•tcet- Waters-~ac~.ria $ 2c3,3~4?.~a Site 'lecric;al/`~l~c~ris ~~iel~i:~ai~htint_}~Y ~ ~~,07"O.~E? ~rri 1 tic~f~~K_`onsult~Et "3,€# .t~~} ~~ec rea'ktlc>~ t~ ~~ ~~'asl ~,.€} ~ 1,y(~~ '2~ yRE) 1~ 8:8(1 :~. (3£#0' '~85,2~~ 0 E ~G`!=llU,E~ .~_ - f ~:~ w~~l ~rF>~it~c a 5ttmtxrary rt~,er)ic~randurn' «~i~:}~ri ca~~er}dar days ~- a n4~tice tc~ '~rc)c ed. F-ontt~d dc~cutt~ents, sched~~i~e cif bid i~ten~s ~~;d ~~i~ii cc~nstr-r~cti~~ ct4>crin~c~nts r~~i~~ ~c iptt~vrded wit~a 2 i ~letic~~~rs c3~FS ~#~ rece~~t, u1~ ~'ty~ ttc~nt enc~ ir~fc~r~rl~io~z•. S~-~-v~L~s c~uri~~ hic~'ciit~g and,ca~sti~ic~c~n ~>~.l~~ f.`ity a~~;~;~;~ntractr~r c~rver7, ~~: tc: ~~:; '~fayc~r ~~cf °V~~~i~c:ss, ,~ppr~o~cc~ as to 4.c~aw ~tfest:i ~'`i~T, tt'~e f~r~~oin~~u5~r~t~t~ent °was ac~nowled~~d by {)i~ be~.jal€ c~#- Floc {;arpr~ratz<~ih anc~ spa t'e~rs~an executed fi~c u~zne fry; az~d' ~*i~.llz~itar~~T ~~nr the ~cz-soi~~ there-i~ exp~e.ssed. Witr~~ss rr~yhci :~~d seal ins t~ ~'c)t~~fiy art ~ta~~} afc>re5a;ci this day of ~#)QA. -. '~Iatary 1'i~h~ic~ ~St~te vt'F~ori~~fa: 1~v=~'d~~n5sic~r~ ~x~~.~es: Ylnnni~~~.Prp~7wli~.FJraft &rvice s,1uL110riiaPton fix A~i6er (;unslnH.tign f'hyz 5 7aicc5sloc MEMORANDUM TO: Mayor and City Commissioners FROM: Brian Shutt, Assistant City Attorney THROUGH: Susan Ruby, City Attorney DATE: June 10, 2008 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 AMENDMENT NO. 1/MATCH POINT, INC. ITEM BEFORE COMMISSION The attached is an amendment to the agreement between the City and Match Point, Inc. which provides that if the City holds the Chris Evert Charity Event in the months of November or December it will not be in violation of the Match Point Agreement. BACKGROUND We are in the process of executing a revised agreement with Chris Evert Charities, Inc. and one of the proposed changes in that agreement is to hold the event in the month of November. The agreement had previously provided that it would only be held in the month of December and when we revised the agreement with Match Point, language was included that allowed the Chris Evert event as long as it was held in the month of December. Therefore, since the Chris Evert agreement is being modified, we must also modify this language. RECOMMENDATION Staff recommends approval. AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT. INC. THIS AMENDMENT NO. 1 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this day of , 200_. WITNESSETH: WHEREAS, the CITY and MP entered into an Agreement da#ed October 12, 2005 {the Agreement); WHEREAS, the Agreement currently allows for the Chris Evert Charity Event to be head in the month of December; WHEREAS, the parties wish to amend the Agreement to allow for the Event to take place in the months of November or December of each year, NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: 1. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Section 1.02. Exclusive License to MP is hereby amended to provide that the Chris Evert Charity Event shall not be prohibited by this Agreement so long as it is held in the months of November or December of each year. 3. The original agreement dated October 12, 2005 and this Amendment No. 1, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 1 4. This Amendment No. 1 to the Agreement shall be effective upon the approval by the CITY and by MP. IN WETNESS WHEREOF, the parties hereto have executed this Amendment Na. 1 the day and year first above written. ATTEST: By: City Clerk Approved as to legal sufficiency and form: By: City Attorney WITNESSES: ~~~~~~ Print Name: ~_ C~.:t.e. S~~t~--' Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor MATCH POINT, INC. By: ~~`~ ~-r./ Mark Baran The foregoing instrument was acknowledged before me this ~ day of , 2d0~ by ~ , as ~~Q~nn~~~ P ri-t _ (name of officer or agent, title of officer or agent}, of ~~~ F'oi ~ }, ~11C _ __ (name of corporation acknowledging), a v~ ~ ~ __ (state or place of incorporation) corporation, on behalf of the corporation. He he is personal) known to me or has produced (type of iden#ification) as identification. ~~ ~ K~r~ [~.~~ Notary Public -State of Florida ~,~' Susan ~;t~litlas ~; Com~nss+on a ~D36 2009 2 ~ ~ Eacpires February ~~eaw+rrorF.l,.,,,lu,.nc...~. tlGa~lbT41! MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 10, 2008 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 PROPOSED CHANGE TO CREATIVE CITY COLLABORATIVE CULTURAL PLAN ITEM BEFORE COMMISSION Commission is requested to consider a proposed change submitted by Old School Square to the Creative City Collaborative recommendations to the Cultural Plan. BACKGROUND At the Commission workshop held on April 8, 2008, Commission reviewed and agreed with the recommendations presented by the Creative City Collaborative. Commission however, requested that these recommendations be reviewed with other interested groups. We received feedback from the DDA, which concurred with the recommendations and Old School Square. Old School Square has requested item #4 of the recommendations be amended to clarify that fund raising, including grant applications that the CCC might file, be confined to new sources of funding and not tap into existing sources of the various cultural organizations. We have heard from two (2) of the CCC Organizational/Incorporation committee members, who concur with this recommendation. Other members have not responded. Attached is a copy of a memorandum from Brian Shutt sent to Commissioners on May 23, 2008, along with the CCC recommendations, DDA letter and emails received from Old School Square. RECOMMENDATION Staff supports the recommendation made by Old School Square and recommends proceeding with the CCC Incorporation with this change. ~°~ CIT4~ DF DELRA~ BEACH ~ ~:,:,~~~~~},Yk,.~ - , _ ~ _..«.~s -J@!. ":1 M.`u~lr.~~~~ 544_ CITY ATTORNEYS OFFICE TELEPI-IONEV561 243-7)p90R FACSIMILE~561/28 4755 DELRAY BEACH r~ o ~ ~ o~ y~ y,~y~ y,~ /~ 111~'/{III~~~ V~ ® DATE: 1993 TQ; 2001 FROM: SUBJECT: Writer's Direct Line: 5611243-7091 MEMORANDUM May 23, 2008 City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney Creative City Collaborative I~E~EIVED MAY` 2 7 Zoos CITY MANAGER On April 8, 2008`a..J~st of recommendations (see attached} was presented to the Commission, at a workshop meeting, from the Creative City Collaborative regarding the Cultural Plan recommendations. At that time it was the direction of the Commission to obtain the input from Old School Square and the Downtown Development Authority regarding the recommendations. The DDA favorably approved "the recommendations. Old School Square suggested that item #4 be modified to eliminate the raising of funds and that item #4. sta#e that the Creative Collaborative confine their activity to new grant research and not fund raising at the local level. (See attached) Please advise as to whether or not you desire to amend item #4, as suggested. Once we receive direction as to item #4 our office will proceed forward with the incorporation of the Creative City Collaborative as a 501(C}(3} corporation. Please call if you have any questions. cc: Bob Barcinski, Asst. City Manager Members of the Creative City Collaborative Summary (based on 2120108 meeting) Creative City Collaborative recommendations on the Cultural Plan recommendations: 1. CnlturaI Plan Recommendation: Incorporate CCC with it's own by-laws as an independent non-profit organization. CCC -The committee agreed with this recommendation. Members felt there may be an opportunity in the fixture to fund raise and then be able to distribute grants to cultural groups. 2. Cnltnral Plan Recommendation: CCC to serve as the cultural umbrella organization for directing City's cultural vision. CCC -The organization committee agreed with this recommendation. 3. Cultural Plan Recommendation: CCC to review and make recommendations to the City on annual budget fundinglrequests received from cultural organizations and event producers. CCC -The committee does not agree with this recommendation. They feel in light of tax cuts and lack of staff support, that this is more appropriately handled by the City Manager and his designees. 4. Cultural Plan Recommendation: Plan recommended that the CCC raise funds from the private sector or through grants and then if funds are raised make grant awards to cultural groups. CCC- The committee agreed with this recommendation feeling they could assist in grant writing if needed, using the E-Civis resource. 5. Cultural Plan Recommendation: Marketin and Communication: The plan recommended that the CCC be responsible for creating a cultural brand in website redesign and serve as a mazketing resource center for cultural facilities and event producers. CCC -The Committee does not agree with this recommendation. As far as the website recommendations were concerned the group felt that individual cultural facilities already had their own websites and that the Chamber of Commerce, City, Down#own Marketing Cooperative and CRA had integrated their websites. At the most they might recommend azeas to improve the cultural feel of the websites through links with the City's website and provide possible ideas. Concerning the recommendation that the CCC serves as a mazketing resource center, the committee indicated that each major cultural facility already had their own mazketing staff or contract staff that did a good job and as faz as downtown C:1Documents and Settings~shuttlC.oca] SettingslTemporary Inbe~net Files10LK83`Sutnniary 2 2Q O8 Meeting.doc cultural events the DMC was fulfilling this role and was available to assist if asked. The committee felt their role should just be one of facilitator getting the various groups together to talk to see if there were some shared marketing opportunities among groups. The Committee felt that without a staff it would be very difficult to carry out these tasks as recommended in the cultural plan. G. Cultural Plan Recommendation: Mayor's Awards for Creativity. Recommended a Mayor's Award program be established and administered by the CCC. CCC -The committee did not agree with this recommendation feeling they would need staff to carry this task out and it would be too much effort for minimal impact. 7. Cultural Plan Recommendation: Recommended that the CCC evaluate and explore the feasibility of strategies for establishing Delxay Beach as an artist friendly city. CCC -The committee agreed with this recommendation. 8. Cultural Plan Recommendation: Recommended that the City establish an artist co-op. CCC -The committee agreed with this recommendation citing the Cannery Raw agreement as the first step taken. They did feel that the CCC could and should explore other options and strategies for this recommendation. 9. Cultural Plan Recommendation: Create a bank of business resources serving as advisors to cultural groups. CCC -The committee felt without full time staff this was not feasible and perhaps these groups could tap into SCORE. 10. Cultural Plan Recommendation: Animate Old School Square site making it more vibrant, animated and aesthetically mare attractive and expand its programming. CCC -The committee feels this recommendation is not part of their tasks and is being handled through the Old School Squaze Pazk Master plan and the Old School Square Boazd strategic planning process. 11. Cultural Plan Recommendation: Develop a nationally or regionally renowned African American Festival with more impact and national significance. C:1Documents and SetiingslshuttlLocal SettingelTemporary Internet FilealaI.K831sumit~ary 2 20 08 Meeting.dce CCC -The committee felt they could be a resource if requested, but that this recommendation was best left to the Roots Cultural Festival Inc. to carry out. 12. Cultural Plan Recommendation: Provide a start up budget of at least $150,000 for the CCC and hire permanent staff. CCC -The committee felt under current fiscal constraints, this was not feasible. 13. Cultural Plan Recommendation: Have the CCC screen and make recommendations for cultural grant funding requests. CCC -The committee did not agree with this recommendation and felt that this task would require full time staffing. 14. Cultural Plan Recommendation: The City should create a program to allow utility customers voluntarily donate $1 or more a month to local cultural development. CCC -The committee agrees with this recommendation. 15. Cultnral Plan Recommendation: With funding availability through the Art in Public Places program more attention should be given to art that has greater impact and presence. CCC -Although the committee did not necessarily disagree, they felt this was the responsibility of the Art in Public Places committee and not the CCC. 16. Cultural Plan Recommendation: Consider purchase or loan of professional art for display in City Hall. CCC -The committee did not feel this was a high priority, there were no funds to purchase art but thought loan programs could be a possibility. 17. Cultural Plan Recommendation: Expand City wide (Parks and Recreation) concert series to other locations in particular the grounds at Old School Square. CCC -The committee did not disagree but felt finances were limited. 18. Cultural Plan Recommendation: The plan did not recommend a major capital investment in a performing arts center. CCC -The committee agreed with this recommendation. 19. Cultural Plan Recommendation: The plan recommended the development of a narration project focusing on art, culture, and various ethnic getups in the City. C:1Daeuments and Settingslshuttli.ocal SettmgslTernpc~rary Internet Filtsldl3C8315uttnnmy 2 20 08 Mceting.dce This would involve the development of a narration video or CD which could be broadcast on the web ar other means. CCC -The committee supports this recommendation. C:1Documents and ScttingslshuttlI.aca1 SettmgslTemporary Internet Files10LK8315ummary 2 20 08 Meeting.doc ~. . . ~,~ ,May 15, 2008 ._. j Mr.-Robert A. Barcinski, Assistant City Manger C,;~y of Delray Beach - 900 NW 1~Avende .. Defray Beach, ~L 3~4~4 : ~ - _ Re: Creative CitX Coitaborativelf~e~omme~ ndatsons Cultural -Plan Dear Mr. Barcinski: - At #Fie Downfown Derielopment Authority (DDA} meting: held on Monday, May ~ _ 12, 2008 ttse Board reviewed the subject recommendations made by the Creature City Collaborative Organizational Committee concerning the Cultural Plan. After discussion, a motion was made by Da~id~ Cook to approve these , recommendations, seconded by Fran Marincofa: ~Ilotion .was unanimouly - - a~proved: If there is any other information that you need please do not hesitate to call me: ~~ ~ . Sincerely, _ r _.. ~ _ .. MARJORIE FE RER Executive ~ D or . .. _ .. G1TY ,QTTQRNEY .: I , 64-A S.E. Fifth Avenue, Delray Beach, Florida 33483 • (Sbl} 278-0424 • Fax (561) 278-0555 ~~' www.DowntownDelrayBeach.com r~ Page 1 of 2 ,. Shutt; Brian From: Beldowicz, Donna Sent: Monday, May 19, 2f)08 2:33 PM To: Shutt, Brian Subject: FW: RE: Creative City Collaborative FYI ~Donrua osvicz $xecutive Assistant tb the Assistant City Manager City of Aelray Beach 1001VW 1st Avenue Delray Beach, FL 33444 Sb1-243-7411 (Oflrice) 561-243-7199 (Fax) i From: Director [mailto:Director@oldschool.org] Sent: Thursday, May 15, 2008 10:49 AM To:-13eldowicz, Donna Subject: RE: RE: Creative City Collaborative Donna- I have reviewed this document with members of the executive committee. They agree with the Committee recommendations. Their only concern was with #4. The competition in the Delray marke# for private, corporate and grant funding in extremely high. By approaching private patrons and Iota! businesses and creating a sort of united arts campaign to then distribute funds would possibly jeopardize funding sources for all organizations in the area. We would recommend that they confine their activity to new grant research only and not tap the organizations current donors and funding. If you have any questions let me know. Thanks Joe From: Beldowicz, Donna [mailto:beldowia@ci.delray-beactl.fl.us] Sent: Thursday, May 15, 2008 10:12 AM To: Marjorie Ferrer; Director Subject: 1=W: RE: Creative City Collaborative Good Morning, Mr. Barcinski needs your status an this as soon as possible. Thanks, Donna Donna Befdozuicz Executive Assistant to the Assistant City Manager City of Dehsy Beach 100 NW 1st Avenue Delray Beach, FL 33444 56t-243-7411 (Office) 56t-243-1i99(Fax) beldowiczfa~ci.~delrav-beach.fl.us From: f3eldowicz, Donna Sent: Thursday, May 08, 2008 12:40 PM To: 'Marjorie Ferrer'; 'Director' 5/20/2008 Page 2 of 2 R ~.y . Sutiject: FtE: Creative City Collaborative Marjorie and Joe, Back on May 1~, Mr. Barcinski sent you the attached memo and backup asking for your respective boards input. He would like to know the status of that. Thanks, Donna Donna BeCdosvicz Executive Assistant to the Assistant City Manager City of Delray Beach L00 NW 1st Avenue Delray Beach, FL 33444 561-243-7©11 (O~ice) 561-243-7199 (Feat} beldowic ci.delxay-beach.ll.us s~ao~aoas Page 1 of 1 Barcinski, Robert From: Shutt, Brian Sent: Tuesday, June 10, 2008 11:00 AM To: Barcinski, Robert Subject: FW: creative cgllaborative At#achments: creative collaborative.pdf Bob, here is the note that 1 received from Jack Harris and Frances just told me verbally that she was supportive of Joe's suggestion. Brian Shutt From: Weaver, ]o Sent: Tuesday, June 10, 2008 10:58 AM To: Shutt, Brian Subject: Creative Collaborative Jo ~Neaver City Attorney`s Office City of Delray Beach 200 N. IN. 1st Avenue Delray Beach, 1=L 33444 telephone: 561-243-7092 facsimile: 561-2T$-4755 email: weaver(c3~ci.delray-beach.fl.us 6/10/2008 [R4 OF DELRIiY 6EIICH GITY ATT~~~E~~~ ~~~~~~ i'f.Li ~ Ede?NL,I F.il't1 : °+-~'~; • ~•~~,iuS :< i>~ 56l/"?713-4755~~ Oi~rCAY BEAM . ~ o-,a ~ , ~M `' ~.~ a DATE: Y 99~ TO: zoos FROM: SUBJECT: MEMO duM Mayr 23, 2008 City Commission David Hard~ert, Clty Manager Brian Shutt, Assi~nt City Attorney Crra .._..C_ _C - - WriEn~s Direct Line: 981/23-7Q~'1 On April 8, 2008 a list of rerommi3ndations (see attached) was presented- do the Commission, at a workshop mee4ng, from the Creattive City Collaborative regarding the Cultural Plan recommendations. At tha# time it was the direction of the Commission to obtain the input from Old School Swan: and the Downtown Development Authority regarding the reirommen+da#ions. The DDA favorably approved the recommendations. Ofd School Square suggested -that item ~4 be modified to eliminate the raising of funds and that item #4 staff that the Creative Collaborative confine Hteir activity tD new grant researi~i and not fund raising at the facet liwel. (See attached) Please advise as to end gem ~ as su Once we ret~ive dir~ectian as to item #~• our office will .read forward witi~ the incorporation of the Creative City Gotlaborative as a 50'f ( )(3} corporation. Please call if you have any qurestions. cc: Bob Barcinski, Asst. City Manager Members of the Crea#ive City Collaborative REvCE_lVED ~;~~' ~ i. ?irk ~1'~'~~ ,~ ,~ l~ ~ y ~~~ C1TY ATTO~~fEY MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 12, 2008 SUBJECT: AGENDA ITEM 8.Q. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of June 2, 2008 through June 13, 2008. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of June 11, 2008 A. Approved (4 to 0, Connor Lynch, Jose Aguila and Frances Bennett absent), a request for a color change for The Water Doctor, an existing commercial structure, located at the southwest intersection of West Atlantic Avenue and McNab Avenue (1710 West Atlantic Avenue). B. Approved (4 to 0), a request for a color change for Tropic Bay Condominium, an existing multiple family residential development, located on the east side of Florida Boulevard, south of Dogwood Drive (2801 Florida Boulevard). C. Approved with conditions (4 to 0), a Class III site plan modification associated with the conversion of 2,250 sq. ft. of restaurant space and 858 sq. ft. of retail space to offices within the Ocean City Lumber complex located at the southeast corner of Pineapple Grove Way and NE 1st Street (65 NE 2nd Avenue). D. Approved (4 to 0), the photometric plan associated with the Class III site plan modification in conjunction with the conversion of a 2,960 sq. ft. portion of the former FPL Building to a financial institution for IBM Southeast Employee Federal Credit Union, located within the Delray Park of Commerce on the east side of Congress Avenue, north of Lake Ida Road (1007 NW 17th Avenue). The Board also approved the request to eliminate a previous condition of approval to provide a sidewalk from Congress Avenue to the building. Historic Preservation Board - Meeting of June 4, 2008 1. Approved (5 to 0, Rhonda Sexton and Linda Lake absent), a request for a Certificate of Appropriateness associated with the conversion of two relocated structures into a duplex via a connecting addition; the conversion of the site's original structure to a guest cottage; the construction of 4 parking spaces along the alley; exterior alterations to the structures and other minor site improvements on a contributing property located at 114 NE 1st Avenue. Concurrently, the Board recommended approval to the City Commission for a waiver to LDR Section 4.3.3(Q) to permit a guest cottage to exceed the required 700 square feet (787 sq. ft. proposed). No other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board and will be forwarded to the City Commission for action: Recommended approval (4 to 0, Joanne Peart arrived late) to the Planning and Zoning Board of the privately initiated amendment to the Land Development Regulations (LDRs) Ordinance 28-08, amending Section 2.2.6 "The Historic Preservation Board", Subsection 2.2.6(D)(6), "Duties, Powers, and Responsibilities" and Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(J) (3), "Historic Preservation Board to act on Variance Requests" to permit appeals of variances denied by the Historic Preservation Board to be heard by the City Commission. The Board recommended that the ordinance not include the proposed language stating "Any decisions made by the Historic Preservation Board on or after January 1, 2008 are subject to the provisions of this ordinance". RECOMMENDATION By motion, receive and file this report. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Amy Robinson, Senior Buyer Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: May 28, 2008 SUBJECT: AGENDA ITEM 8.R.1 -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 BID AWARDS/PIPE FITTINGS AND ACCESSORIES/MULTIPLE VENDORS ITEM BEFORE COMMISSION City Commission is requested to approve multiple bid awards for the purchase of Pipe Fittings and Accessories through Bid #2008-28 at an estimated annual cost of $240,203.50 for the City of Delray Beach. BACKGROUND Sealed Bids were received on April 25, 2008 from ten (10) vendors, opened and publicly read, all in accordance with City purchasing and procedures. A tabulation of bids with the awarded vendor highlighted by group number is attached for your review. Vendors who did not provide a bid on each item within a particular group are not considered in the award for that group since bids were required for each item with the exception of Group 16 (bids for Group 16 are awarded for individual items). UROUP NO. VENDOR TOTAL COST 1, 2 KILPATRICK CO. 517,644.96 3. 7.8. 10. 1 l . 1 S. 1 6 FERGUSONWATERWORKS ~1 (.917.21 4 CONSOLIDATED PIPE ~ SUPPLY `~ 10.931.35 5, 13 SUNSTATE METER & SUPPLY 1NC `~ 12,263.47 fi. 1 f~ AMERICAN PLUMBING & ELECTRICAL SUPPLY CO. ~fi01.03 9. 14 MUNTCTPAL WATER WORKS `~903.4~ I?. 16 HD SUPPLY X1,868.20 16. 17 1\9ATNLTNE SUPPLY COMPANY `~ 179.073.80 TOTAL `~?-10.203.0 All pipe fittings and accessories are ordered on an "as needed basis" and for stock maintained at the City's Warehouse for daily use. FUNDING SOURCE Multiple account codes from various departments operating budgets and construction projects. RECOMMENDATION Rafael Ballestero, Deputy Director of Construction; Scott Solomon, Manager Water/Sewer; and Purchasing staff have reviewed the bids received and recommend awards to multiple vendors listed at an estimated annual cost of $240,203.50 for items for Construction, Water/Sewer and the City's Warehouse for various pipe fittings and accessories. r V L O U R 7 C C V N Q R ~_ m N m N 0 d f~C O O O N i O ~ N ~ 0 ~ O ~ N fC V 'i 0 ~ ~ V Q ~ m ~ Q Q y U ~ R N C r d Q 'a y U R pjs ~ O M iP G) ~ N ~` O Q Q Q O Q Q Q O Q Q Q ~ Q o O ~ Q o O O Q Q Q ~ ~ Q O Z Z Z p Z Z Z p Z Z Z p) Z ~ M a; Z ~ M p Z Z Z 7 ~ ~ Efl Efl Efl p = Efl N N Efl U N Y Q O U~ ' O Q Q Q ° ~ Q Q V ~ ~ Q Q V ~ ~ Q Q V O N O L° Q Q V m ° Q Q V ~ O Z Z Z ~ Z Z ~ ~ Z Z ~ O Z Z ~ ( p Z Z ~ N Z Z ~ ~ ~ ja ~ ~ 69 ~ Efl N Efl N Efl ~ Efl a C ~ N ~ (6 O V ~ (6 ~ Q O Q Q Q O Q Q Q O Q Q Q pL°j Q ° CO V Q ° O O Q Q Q ~ ~ O Z Z Z O Z Z Z O Z Z Z (p Z ~ L\ ~ Z ~ L\ O Z Z Z O U Efl Efl Efl ~p U N U Efl ~ o ~ o ~ ~ ~ R Q Q O O Q Z Q Z Q Z d) Q Z Q Z O N ~ Q Z Q Z O L(j O Q Z Q Z V pj ~ Q Z Q Z O M ~ Q Z Q Z O .R y c °~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ U Ev Ev ~ ~ ~ e» Y a V C iP [^ ~ N ~ Q 2~ c~7 N Q Z Q Z ~ ~ ~ Q Z Q Z ~ O N ~ L(7 V ~ Q Z ~ O O Q Z Q Z Q Z O O Q Z Q Z Q Z L(7 ~ ~ d) O Q Z ~ O Y U r~ m v cn c7 <» - ~ 69 69 ~ 0 ~ a ~ ~ ~ ~ ~_ ~_ ~ _ D 2 2 ~ N ~ Q Z o ~ N ° ~ Q Z o ~ N ~ ~ Q Z Q Z M N M N Q Z Q Z ° ~ N ~ Q Z Q Z ° ~ ~ ~ Q Z Q Z ° N N co e» ~ ~ ~ e» o e» ~ C Y O C ~ ~ O Q Q Q O ~ Q ~ ~ ~~ G) Q o ~ ~ ~ O Q o ~ ~ ~ ~ Q o ~ co ~ Q o ~~ ~ R LL ~ O ~ Z Z Z M ~ Efl Z N O ~ (n Z N ~ _ ~ Efl Z N ~ _ ~ Efl Z N ~ ~ 69 Z N w ~_ 2 Q O d ~ N n O ~ Q Z Q Z Q Z M ~ Q Z o N O r ~ ~ Q Z o N n O Q Z ° ON O N O O Q Z ° ON O N O ~ Q Z ° N O ~ ( ~ ~ ~ ~ ~ O U ~ ~~ ~ ~ ~ O R a R ~ O V C ~ ~~ Q i O Q Z Q Z Q Z ~ Q Z Q Z O O Q Z Q Z Q Z ~ Q Z Q Z O ~ Q Z Q Z O NO Q Z Q Z O n t ~ U ~ ~ y o e» ~ ~ ch o e» co ch v ~ ch ° v ch c F ~ ~ e» e» ~ C ~ R O ~ N ~ V C r ~` d ~ V Q_ p ~ r ~ Q Z ~ ~ ~ Q Z Q Z ~ ~ ~ M ~ Q Z ~ O p Q Z Q Z Q Z O p Q Z Q Z Q Z ~? ~ Q Z Q Z ~ O- L(7 M N Efl Efl Q ~ W fn a ~ N - Ev Ev ~ ~~ w .~ O R 7 y R 7 W C ~ Q D D D D D D F F F F F F N N N N N N O p O p O p O p O p O p z ~ z ~ z ~ z ~ z ~ z ~ O N O N O N O N O N O c ~ ~ ° w ~ w ~ w ~ w ~ w ~ w m IU/1 Q LL Q ~ Q LL Q Q LL Q Q LL Q Q LL Q Q LL Q ~ ~ D J } U J } J } J } J } ~° J } Z Q D (n ~ Q 0 ~ Q D ~ Q D Q 2~ ~ Q D N ~ ~ Q D a N z ~ o ~ y z ~ N z ~ ~ Q N z ~ o ~ p N z ~ ~ > N z ~ O D O O O D O D O D O D O ~ ~ U 4~ C~ ~ ~ W W ~ J ~ ~ J -6 ~ J ~ ~ J ° ~ ~ J ~ ~ J fn N W Q ° l0 N W Q o N W Q ~ ~ N W Q ~- ~ N W Q ~ N W Q ~ M # ^ LL LL O V v # ^ LL LL O V z L U ~~ # r LL LL O V z ~` ~ # ^ LL LL O V z ~j ~ i ~ # ^ ILLL O V z m U rn # r LL O V in a o ~ 2 w ~ ~ z ? } ~ > a o ~ 2 w ~ ~ z > ~ v o > o~ 2 w ~ F z ~ ~ o, o ~ co 2 w ~ F z ~ ~ i o, ~, o ~ Q c%~ 2 w ~ F z ~ > o d o 2 w ~ F z ? ~ a ° ° 0 O > a ° ° ~ O > a d ° ~ O > a ii ° ~ O > a ii io ° ~ O > a °~ ° ~ O > 0 m E m y _ J o m E m y _ J o -° ~ m y _ J o Q E m N _ J O Q Q ~ 00 N _ J D ~, ~ °~ y _ J c~ - ~' z o o c~ a ~' z o o c~ m ~' z o o c~ a ~' z o o c~ a v ~' z o o c~ m ~' z o 0 r V r O U R 7 C C V N Q R ~_ m N m N 0 d f~C O O O N i O ~ N ~ 0 ~ O ~ N fC V 'i 0 ~ ~ V Q ~ m ~ Q Q y U ~ R N C r r LL d Q 'a a m a6 ~ d O O Q Q Q Q Q Q O Q Q Q O Q Q Q O Q Q Q O Q Q Q y a ~ Z Z Z z z z ~ z z z ~ z z z ~ z z z ~ Z Z Z ~ ~ N N Ev y Q 4 .U ~ ~ Q Q V O ~ ~ Q Q V =' ~~ Q Q V O Q Q Q O Q Q Q ~ V Q Q V '~ ~ Z Z Z M Z Z ~ ~~ i Z Z ~ O Z Z Z O Z Z Z N Z Z ~ ~ N R V3 P ~~ 69 Efl ~ a ~ d Q O Q Q Q O Q Q Q O Q Q Q O Q Q Q O Q Q Q O Q Q Q ~ ~ O U O Efl Z Z Z O Efl Z Z Z O Efl Z Z Z O Efl Z Z Z O Efl Z Z Z O Efl Z Z Z ~ a C LO O LO N d) M Q Q N Q Q O O Q Q O ~ Q Q O ~ Q Q ~ ~ Q Q O ~ Q Q O •R n O N Z Z Z M Z Z ~ ~ Z Z ~ ~ Z Z N Z Z ~ ~ Z Z ~ ( V Efl Efl Efl N Efl ~ N Efl V C ~ I~ O M ~ ° CO ~ d) ~ 2 2 O O W ~ O ~ (h Q Z O N O r ~ Q Z N ~ ~ O' Q Z ~ 0 V M o O ~ CO ~ ~ d) Q Z ~ ~ ~ ~ r Q Z Y U ~ O N ~ O ~ N CO ~ ~ ~ N ~ CO ~. 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Z Z ~ R O ~ N Efl V Efl Ev cn ~ 7 °i r ~ Efl V C ~ e ~ e N ~ ~ 0 ~~ S31 ~'- U ~ m cn m e» » » s~ cn ~ ~ Y a BD J ~ V C ~ ~ R Q O) O ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Q Q Q ~ ~ Q E M O O O O O O O O O O O O O O O O O O Z Z Z W O Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl I + Z Y U ~ ¢ (7 a o 0 o co ~ o o ~ O) ~ 2 0 W ~ ~ N ~ O O O O O O O O O ~ r W O N W 0 O ~ ~ Q Q W N 2 = 7 N V I~ r N O O O O O O O) O) L(7 CO O L(7 O ~ N CO ~ I~ ~ ~ ~ Z Z M W W (A Efl L(7 Efl ~ Efl Efl Efl Efl ~ C7 Efl V ~ ~ N ~ N ~ M Efl Efl Efl Efl Efl E!~ ~~ ON ~ Efl ~ C Y ~ 1~/1 O ~~ ~ O 0 O 0 ~ ~ ~ ) ~'~ ~ - -~ c~ ~ O n ~ ~ I~ ~ O 0 O ~ 0 O 0 d) ~ ~~;~ ~ ~ f~ ~ C ~ I ~ I D ~ Q Z o O m N , c7 ~ ~.j J ~ V V M ~ ~ c,l 61 N ~ N . ~O ~ tl1 j d ~~ UJ Efl ~ Efl ~ Efl ~ ~ UJ (n ~~ ~~ UJ ~ ~ ~ LL Efl ~ w ~ vy rs a w a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ Q ~ o r a~ Q d ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ z N N s w ~ y e» e» e» e» e» e» e» e» e» e» e» e» e» e» e» e» e» e» ~ p" O ~ U ~ ~ R ~ d R U 2 O O O O O O O O O O O O O O O O O O O Q ~ ~j ~ ~~ O O o 0 O O 0 0 O O 0 0 O O 0 0 O O 0 0 O O 0 0 O O 0 0 O O 0 0 O O 0 0 O o z .o w y c F e» e» e» e» e» e» e» e» e» e» e» e» e» e» e» e» e» e» e» 0 ~ ~ U V ~ O) O) m V ~ ~` M r CO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C CO ~ N CO O N N M Q Q 0 ~ U 2 ~ V I~ ~ V ~ O O O O O O O O O O O O O C ~ ~ O ~~ N Z Z ~ Q- Efl L(7 Efl N Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl ~ O) N O) tp Q ~ W n Efl ~ ~~ Efl N N N (q ( a w ' ~ ~ ~ co a~ co a~ co a~ co a~ co a~ co a~ co a~ co a~ co a~ O O ' W ~~ N (O V N V l( ) l(7 Q D W F N J F O p Z ~ O O ^2 ~ .Q W W F F LL d J r D } Q r Z N ~ N a Z K a D O 0 O t7 C ~ ~ C7 O f/1 LL J Q ~ U o `" o0 0 00 0 ° ov v 0 d o g O Z ~ O ° ° ° ° ° ° ° ° ° H ~ ch W F ~ o o o o o o o o o ro ~ ~ ~ v ~ Z O N D 0 O N ~ N ~ N O ~ O N W W N W N W N W Q 1f1 N Q ~p > O E O E O E O E O E O E O E O E O ~ - N - +-• t/1 'Q ~ J m V J Z M N I~ M N I~ M N I~ M N I~ M N I~ M N I~ M N I~ M N I~ M N I~ O N O R ~ O N W W (O (O (O (O (O (O (O (O (O ~ fA ~ U Z 0 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: May 28, 2008 SUBJECT: AGENDA ITEM 8.R.2 -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 BID AWARD/.TANI KING COMMERCIAL CLEANING SERVICES ITEM BEFORE COMMISSION City Commission is requested to award the annual janitorial services contract for the Delray Beach Golf Course to Jani King Commercial Cleaning Services in the amount of $36,120.00 annually/$3,010.00 per month. BACKGROUND Request for proposals were received from ten (10) vendors in response to RFP Specification #2008-37, Janitorial Services for Delray Beach Golf Course, on 05/07/2008. Jani King Commercial Cleaning is the low bidder and has relevant experience in Country Clubs, solid references, meets requirements set forth in the RFP and is the current janitorial service for the Delray Beach Golf Club. The pricing corresponds to the estimated time involved to complete the various duties required. Jani King decreased their annual cost from the last awarded contract by $480.00 annually. FUNDING SOURCE 445-4711-572.34-90 D B MUNICIl'AL GOLF COURSE RECOMMENDATION Staff recommends award of annual janitorial services contract for the Delray Beach Golf Course to Jani King Commercial Cleaning Services in the amount of $36,120.00. 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O ~ O N O M O M m O N M M W N I~ EA M r r K ~ M ~' M N ~J tsJ ~tJ ~ ~ w w u' O u' v3 v3 v3 v3 e» ~tT ~tJ 00 (O N N V O O ~ O J N M ~ ~ 00 00 O O ~ O ¢ Z F CO r In O O O In N ~ O O O In M F 0 Z ~ ~ ~ 0 N V Q N M 0 M m K 7 ~ ~ U m ~ ° o ° o ° o ° ° ° ° ~ o o o o o o o J O ~ O ~ O M (O W O O O ¢ (O o0 O M V O m ~ 00 M N F ~ O I~ N In O M ~ d Z V M O M m ¢ ~ O vs M U Z U ° ° ° ° ° ° ° U o o o o o o o o o o F Z U O O V o0 ~ O M tD O O m Q ~ Z In ~ O W N N W CO I~ ~ O _ p O M O a1 M . 00 M W - N N O M M J W ¢ U N vs tsT tsT tsT tsT tsT tsT t» v> tsT tsT 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 t7 m o 0 0 0 ~ c in o 0 0 Z O O O O O N N O N O W U O ` _ M (D U ~ W K M J W U N tsT tsT tsT tsT tsT tsT E» F» tsT tsT (O N M (O O O O O O O O In O ~ O O O O O O O O O O O O O O O O 00 I~ V O In O r ~ In In - ' (~ O ~ I~ M O N N Z ¢ Z M (D ~ Y M EA EA EA EA EA EA V3 v3 EA EA O O J LL ~ ~ ~ _ Z t X X X w ~ t Z v W W 1, °' _ °' lL `~ J W Z ~ Z ~ Z ~ w ~ a ~~, U h o O O O O O O O a f ~~ "` ~ ~ U ~ U ~ U ~ m~ cn z W w F V W } W } W ~ ~ 0 }~ _ Z D O Z ~ ~ ~ m ~ w a a a v _ = to x H ~~ ~ v U W U W U W ~ z ~ W ~ U (n O ~ Z a } } N } } ~ F O W a n~ d J ao d J 0) O d J t ~ Q J a "" ~ a ~ j ~ ~ F F ~ o F F ~ -o F F c w ~ w a a h F ~ o w o Z O v ~~ Z O v~ Z 0 o a w l O~ ~ °' ¢ w X O C7 ¢ a ~ ¢ a ~ ¢ ~ ~ ~ a ? ~ ? ~ ~ U a LL U F F F N MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 10, 2008 SUBJECT: AGENDA ITEM 8.R.3 -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 CONTRACT AWARD/TOTAL GOLF CONSTRUCTION, INC. ITEM BEFORE COMMISSION Request a contract award to Total Golf Construction, Inc. in the amount of $276,129.00 for renovating the greens, installing a new irrigation pump station, irrigation controllers and renovating the tees, as described in the Lakeview Municipal Golf Course Greens Renovation project. BACKGROUND On May 11, 2008 staff advertised the Lakeview Municipal Golf Course Greens Renovation project. The scope of work for the base bid consists of resurfacing and renovating the greens, establishment of a turf nursery, closing of bunkers at five (5) holes, construction of a new tee for hole fourteen (14), furnish and installation satellite irrigation controllers, installation of a new pump station to accommodate withdrawal of reclaimed water from the newly expanded pond, and the restoration of areas disturbed through the reclaimed water main installation. Also included with the bid, was an "alternate" bid item for renovation of all the tees. The City opened bids for the project on Tuesday, June 3, 2008. The City received six (6) bids, with the lowest responsive bid from Total Golf Construction, Inc. in the amount of $227,861.75 for the base bid and $48,267.25 for the alternate bid item, for a total bid of $276,129.00. Staff has verified and received positive feedback from their references; additionally, in 2003 Total Golf Construction successfully completed the Greens Replacement project at the Municipal Golf Course. FUNDING SOURCE Funding is proposed from account #441-5181-536-65.96, Water and Sewer Fund/Reclaimed Water Transmission, in the amount of $87,300.00 and from the 2007 Utility Tax Bond with a payback of fifteen (15) years in the amount of $188,829.00. RECOMMENDATION Staff recommends award to Total Golf Construction, Inc. in the amount of $276,129.00 for work related to the Lakeview Municipal Golf Course Greens Renovation project. w ~ ~ ~ o~ N O z Q ~ w Q Z o z ~ ~ ~ w ~ Q ~ w Q o °~ oa H ~S". a+ Q ~..~ N u 0 0 0 0 0 0 0 0 0 0 ~ ~ . ~. 0 0 0 0 0 0~ 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ c ~ ~ ~ o ~ ~ ~ ~ °o v ~ C7 ~ ~ ~ ~ ~ ~ ~ co 0 9 . . 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O O O O N r ~/W" ~/W" C Pa r O O CO ~ O CO M ~ ~ O O V ~ N C7 ~ ~ ~O ~ ~ ~O ~ ~ M O i W R O py ~ Vi ~ ~ EA EA ~ O .a .a .a .a .a .a .a .a .a .a p W p N 0 0 m m a a is ~ U C ~ 't d a 9 o ~ a o Q o ~ a o z ~ ~ ~ N O U N 'O O 9 ~ m m - ~' UI ~ U (n Y N (6 m '~ ~ 'O O a N WARD W. NORTHROP GOB' COURSE ARCHITECT tune 9, 2008 Mr. Victor Ma~#enyi . Deputy Director Public utilities CRY OF DELRAY BEACH 434 S, Swinton Avenue Delray Beach, Florida 33444 Re. Total Goff Construc~tiion, Inc. Bid No. 200839 // Dear Victor, We have reviewed the Bld by Total Galf Construction, inc. and found it to be in accordance with the Bid Documents Na. 2008 39. Bid Items were in line with Architects Estimates and the total Sid was within the Totai Estimate. We.have worked with the Contractor before and found their work to be more than satisfactory. They have extensive experience in Goff Course Constrt~ctian and have camp[eted their projects on tune. Please call if you have any ~uestlans. - " SinceYely, Ward W, Mort p WWNJcg 5505 OSPREY DRIVE OCEAN RIDCrE, FLORIDA 33435 561-738-7426 FAX: 561-738 7429 MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER MARK MCDONNELL, AICP, ASSISTANT DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: June 12, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 WAIVER REQUEST/114 N.E. 1ST AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a waiver from LDR Section 4.3.3(Q), Guest Cottages, which requires that a guest cottage shall not occupy more than 1/20th of the lot area and in no case shall exceed a floor area of 700 square feet. The structure to be converted to a guest cottage is less than 1/20th of the site; however, it contains approximately 787 square feet. BACKGROUND At its meeting of June 4, 2008, the Historic Preservation Board (HPB) approved the Certificate of Appropriateness request associated with the conversion of three single-family structures into a duplex and guest cottage located on the property at 114 NE 1St Avenue, within the Old School Square Historic District. The HPB considered the subject waiver request and recommended approval. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. WAIVER ANALYSIS The adaptive reuse of the site's original structure into a guest cottage maintains the residential use for the structure while keeping it within its original setting and within its original site. Therefore, the waiver request is supportable in that it promotes further maintenance of the original structure on site and that it minimally exceeds the square footage requirement. Therefore, granting the waiver would assure compliance with LDR Section 2.4.7(B)(5)(a-d), as the guest cottage size will not adversely affect the neighborhood since the structure exists on site, will not dimish the provision the provision of public facilities in that anon-residential use, which is more impacting, was previously approved for the site, will not create an unsafe situation, and is not a special privilege in that the conversion provides for the maintenance of a historic structure. Therefore, positive findings can be made with respect to LDR Section 2.4.7(B)(5). RECOMMENDATION Approve the waiver to LDR Section 4.3.3(Q), Guest Cottages, which requires that guest cottage shall not occupy more than 1/20th of the lot area and in no case shall exceed a floor area of 700 square feet, to permit a guest cottage containing approximately 787 square feet. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 114 NE 1St AVENUE PROPERTY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request to allow a guest cottage, measuring 787 sq. ft., on the property described above has come before the City Commission on June 17, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request from the property owner of 114 NE 1St Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.3.3(Q) provides that a guest cottage shall not occupy more than 1/20th of the lot area and in no case shall exceed a floor area of 700 square feet. The Applicant has requested a wavier to this section to allow for a guest cottage containing 787 square feet. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request to Section 4.3.3(Q) meet all the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.3.3(Q). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 17th day of June, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 HISTORIGPRESERVATION BOARD MEMORANDUM STAFF REPORT Property OwnerlAppiicant: Roger Cope Project Location: 114 NE 1St Avenue, Old Schooi Square Historic District HPB Meeting Date: June 4, 200$ COA: 2008-15fi __ ITEM BEFORE THE BOARD The item before the Board is the approval of a Certificate of Appropriateness for exterior alterations, associated site improvements, and a waiver request for a contributing property located at 114 NE 15t Avenue, Old School Square Historic District, pursuant to LDR Section 2.4.6(H). __~ BAC'KGR';OUNDIPROJECT DESCRIP'TI~N The subject property, located on the west side on NE 1St Avenue approximately 150 feet north of NE 1St Street, is zoned Old School Square Historic Arts District (OSSHAD}. The property originally consisted of a single-story, 768 square foot, Vernacular style, single-family residence constructed in 1941 which is considered a contributing structure within the Old School Square Historic District. In 2005, two {2) structures threatened with demolition were relocated onto the subject property from 350 and 362 NE 5t" Avenue. The relocated one-story structures are of the Frame Vernacular style and constructed in 1921 and 1922. The aforementioned reloca#ion of the structures was associated with a Class V Site Pion application approved at the HPB meeting of June 15, 2005. The application included a change of use from single-family residential to office, associated site improvements, and the relocation of the original structure to the southwest corner of the site. The relocations were accommodated on site via approval of variances to the side setbacks which were reduced from seven feet, six inches (T6") to four feet {4'). The required ROW dedications on bo#h NE 1St Avenue and along the alley were accepted by the City Commission on May 2, 2007. However, the approved site plan and the associated office use were never established on the site and, therefore, the approval expired on June 15, 2007. The subject application proposes to maintain the residentia! use and incorporates the following components: • Conversion of the two {2}, relocated structures into a duplex via a connecting addition; • Conversion of the site's original structure to a Guest Cottage; • Removal of shed roof front entry feature aver the original structure and replacement of a front, gable-end, entry cover to the original structure; • Construction Hof new, concrete entry stoops -two {2} on each unit; • Removal of kitchen from the site's original structure for compliance with the Guest Cottage regulations; • Construction of four {4} standard parking spaces along the alley; • ]nstallation of a new, three foot (3'} tall wood, picket fence painted white along the front property line; and, '(1~ N~'i"Rvenue; 2008-156 IPB Meeting of.~ur~e 4, 20(18 Page 2 of 7 • Reroof of the structures with 3-tab architectural style (dimensional} asphalt shingles {the plans depict a metal roof which has since been revised, and a reroof permit was issued on May 2$, 2008 for the subject roofing material). The submitted landscape plan shows the previous approval which depicts a handicap parking space with access from NE 1st Avenue as well as a fountain to the interior of the site. Neither of these items is included with the current submittal. A revised landscape plan is requested as a condition of approval. Waiver Request The subject application requests a waiver to LDR Section 4.3.3(Q), Guest Cottages, which requires that guest cottage shall not occupy more than 1120th of the lot area and in no case shall exceed a floor area of 700 square feet. The structure to be converted to a guest cottage is less than 1120th of the site; however, it contains approximately 787 square feet. Therefore, a waiver is required. _. I CERTIFICATE OF APPR©PRIATENESS ANALYSIS Items identified in the Land development Regulations shall specifically be addressed by the body taking final action on the site and development appiicationlrequest. LDR Section 4.4.24(6}, Principal Uses and Structures, notes that single-family detached dwellings and duplex structures are permitted uses within fhe Old School Square Historic Arts District (OSSHAD). The site currently consists of three (3) structures, two of which are being combined to create one {1 }duplex. As the site cannot contain two (2) detached dwelling units nor a duplex unit and a detached single-family unit, the third structure will be converted to a Guest Cottage requiring removal of the kitchen {as noted on the submitted floor plans) and will require compliance with LDR Section 4.3.3{Q) as follows: (1) Can only be used by members of fhe family occupying fhe principal dwelling, their nonpaying guests, or person employed for service an the premises. {2) The guesf cottage shat! not occupy more than 1/20fh of the lot area and in no case steal! exceed a floor area of 700 square feet. {3) The structure shall be located to observe the setback requirements as imposed for fhe principal structure. (4) When located on individually designated historic properties or within designated hisforic disfricts, the structure steal! not exceed the heighf of the principal structure. The subject structure complies with the above noted regulations with the exception of 2, as the structure contains approximately 787 square feet. Therefore, a waiver request has been submitted to allow the larger guest cottage to be legally established. Waiver Request and Analysis As stated above, a waiver to establish a Guest Cottage which exceeds the maximum amount of square footage permitted has been requested. Pursuant to LDR Section 2.4.7(6){5), prior fa granfing a waiver, the approving body shall make a finding that the granting of the waiver.• (a) Steal! not adversely affect fhe neighboring area; 114 N 1`'`Aven€~e; 20Q8-156 IPB li~eeti~tg of June 4, 2DO8 Page 3 of 7 {b) Shall not significantly diminish the provision of public facilities; (c) 5ha11 not create an unsafe sifuation; and, {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumsfances on other property for another applicant or owner. The applicant has submitted the fallowing in support of the waiver request: "...the residence in quesfion is original to the sife...the original kitchen shall be deleted from the structure and a family room/office/den shall fake its place_..Because of the historic setting, special conditions and circumstances exist that are not applicable to other lands in the same zoning district...and the waiver request is the minimum necessary to preserve the historic character of my historic site." The adaptive reuse of the site's original structure into a guest cottage maintains the residential .use for the structure while keeping it within its original setting and within its original site. Therefore, the waiver request is supportable in that it promotes further maintenance of the original on site and that it minimally exceeds the square footage requirement. Therefore, positive findings can be made with respect to the waiver request. Certificate of Appropriateness -Findings Pursuant to LDR Section 2.4.6(H)(5), the Board must make a finding that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Future Land Use Element of the Comprehensive Plan and specifically with the provisions of LDR Section x.5.1. Those applicable regulations provided within LDR Section 4.5.1 are noted below. (E)(3)(a)(9)(c) Appurtenances Fences and walls over four feet (4) shall not be allowed in front or side street setbacks. The proposed picket fence measures three feet (3') in height and complies with the above noted regulation. However, there is an existing six foot (6') fence along the south perimeter of the property. This fence is not proposed to be altered therefore, it is an existing non-conformity which should come into compliance once the property owner finds the need to replace the fence. With respect to the proposed fence, positive findings can be made. (E)(4) Alteraflons In considering proposals for alterations to the exterior of hisforic buildings and structures and in applying developmenf and preservation standards, the documented, original design of the building maybe considered, among other factors. The proposed alterations, as Further analyzed below, are minimal and appropriate to the historic structures. Therefore, positive findings can be made with respect to LDR Section 4.5.1(E)(4}. (E)(5) Standards and Guidellnes A historic sife, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilifation, and fhe Delray Beach Historic Preservation Design Guidelines, as amended from time fo time. 11~ t~E 1'k Avenue; 20(18-156 HP8 Meetii7g a~ .7une 4, 2C1~18 Page 4 of 7 A review of the applicable Secretary of the Interior's Standards far Rehabilitation and the Delray Beach Historic Preservation Design Guidelines has proven that the subject requests are in compliance with their intent, and is appropriate and compatible. Therefore, positive findings can be made with respect to LDR Section 4.5.1 {E}{5}. (E}(8) Visual Compatibility Standards All improvements to contributing buildings, structures and appurtenances shall be visually compatible. In addition to the Zoning District Regulations, the HPB shall apply the visual compatibility standards (height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1). Those applicable Visuai Compatibility Standards are Hated and analyzed below. (c) Pro orfion of O enin s Windows and Doors : The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the disfrlct. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible wifhin fhe subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or sfrucfures within the subject historic district for all development, with particular attention paid to the front facades_ (~ Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing archifectural styles of entrances -and porch projections on existing historic buildings and structures within the subject historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with fhe predominant materials used in the historic buildings and structures within fhe subject historic district. (m) Additions to Contribufing sfrucfures in all Historic Districts: Visual compatibilify shall be accomplished as follows: 7. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. 3. Characteristic features of the original building shall not be destroyed or obscured. 4. Additions shall be designed and constructed so that the basic farm and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm fhe original building The proposed changes to the site such as the concrete front stoops, new gable entry on the original structure, and the connecting addition to the two {2} relocated structures are compliant with the above noted Visual Compatibility Standards and are appropriate and compatible. As 11~ NE 1``` Avenue; 2008-156 HPB Meeting of June 4, 2008 Wage 5 of i proposed, the connecting addition clearly indicates that there were originally two (2) structures and is smaller, and clearly secondary. The connection has provided insets from the existing wall planes, and is slightly raised above the ground. The reuse ofi original windows firam the wall to which it will connect assists in unifying the connector with the original materials. The new entry overhang to the site's original structure is apprapriate in that it mimics the gable end of the structure in shape, proportion, and detailing. The concrete front stoops provide for a stable entry to each structure and are apprapriate in their materials and scale. Based upon this analysis, positive findings can be made with respect to LDR Section 4.5.1(E}(8}. Pineapple Grove Main Street -Neighborhood Plan The subject property is located within the Pineapple Grove Main Street boundaries, and as such is subject to those guidelines. The Plan notes that "NE 1St Avenue is principally residential in character as most properties are single-family residential structures...the Plan encourages the continuation of this character." The Plan requires the surfacing of all sidewalks within the Pineapple Grove Main Street District to be finished in a "brick paver surface to match existing sidewalks along East Atlantic." The Plan also requires the utilization of "existing rights-of-way for all new sidewalk construction." Therefore, as a condition of approval, the sidewalk parallel to the property is to be finished with brick pavers and illustrated as such on a revised site plan. Please note that the installation of brick pavers was also a condition of approval for the 2005 Class V Site Plan Application. Landscape Plan The landscape plan was previously reviewed and approved by the City Horticulturalist along with the 2005 Class V Site Plan application. However, minor modifications to this plan have taken place such as the removal of both the handicap parking space located off NE 1St Avenue and the fountain located on the interior of the property. Therefore, a revised landscape plan is requested which omits these features and which continues to comply with the City's Landscape Regulations should any additional changes be made to this plan. Parking Pursuant to LDR Section 4.6.9(C}{2)(b), duplexes require two (2) parking spaces per dwelling unit. As the site plan illustrates four (~) spaces, the submittal is in compliance with the requirement. No additional parking is required for the Guest Cottage. Therefore, positive findings can be made with respect to the required parking. It is noted that the approved 2005 Class V Site Plan application required a total of eleven (11) parking spaces. The proposal included seven (7) back-out spaces (including one compact space} at the rear (west) alley, and one handicapped accessible space to the south of the front building, accessed from NE 1St Avenue. The installation of the handicap space along NE 1St Avenue would have resulted in the removal of one (1 } on-street parking space, which was then added to the required parking calculation. The balance of the parking not provided on site, which consisted of three {3} spaces, was approved by the City Commission to be purchased as in-lieu spaces at $6,000 each. These spaces have been paid in full and, unless a refund is requested, they would apply to future parking requirements should the property be further developed. It is also noted that a variance was granted for the backout space onto NE 1St Avenue as it did not comply with LDR Section 4.6.9(D)(2). As variances run with the land, any future development will be able to apply this space to the proposal. ANALYSIS Overall, the entire proposal complies with the intent of the regulations throughout the report. It is sympathetic to the historic structures by providing compatible and appropriate additions and '[ 14 N E 15i Rvenue; 2008-1 ~B #-EPB Meeting of June 4, 2008 Page 6 of 7 alterations. The revision from a metal roof material to a dimensional asphalt shingle illustrates sympathy in that the dimensional quality of the shingle will provide a profile similar to the original roofing material: cedar shingles. While the adaptive reuse of the structures into anon-residential use is appropriate (2005 approval), maintaining the residential use on the site is a better as it is more in keeping with the historic use of the property. In addition; the maintenance andlor reuse of the original windows throughout the site and restoration of the original shutters on the site's original structure add to the compliance with the intent of the guidelines and Standards noted above. Based upon the analysis above and provided throughout the report, positive findings can be made with respect to the Land Development Regulations, the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines. The property owner andlor applicant is encouraged to apply for the Ad Valorem Tax Exemption available to improvements to contributing properties. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness (2008-156) and waiver request for 114 NE 1St Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to conditions. C. Move denial of the Certificate of Appropriateness (2008-156) and waiver request far 114 NE 1St Avenue, Old School Square Historic District, by adapting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan and dries not meet the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be_ phrased in the affirmative.. See above ~ ~~~~~~ _. _ __ STAFF RECOMMENDATlO1V By Separate Motions: Certificate of Appropriateness Move approval of the Certificate of Appropriateness (2008-156) for 114 NE 15t Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following: 1. That the landscape plan be revised and updated to illustrate the current proposal; 2. That brick pavers be utilized for the sidewalk, as required by the Pineapple Grove Main Street Plan and noted on a revised site plan; 3. That the color scheme be submitted to Staff for approval, 4. That the connecting addition contain the same roof material as all other roofs; 1141E 1'`Avenue; 2018-1~6 HP8 [~tePting of June 4, ~Otl8 Page 7 017 5. That the existing kitchen within the site's original structure be removed as noted in the submitted floor plans; and, 6. That all conditions of approval be met prior to plan certification. Waiver Request Recommend approval to the City Commission for the waiver request to LDR Section 4.3.3(Q), to permit a guest cottage to exceed the required 700 .square feet and contain 787 square feet, based on the ability to make positive findings, pursuant to LDR Section 2.4.7(6){5}(a)-(d). Staff Report Prepared By: Amy E. 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As the Architect Of Record (& Owner) of the property at 114 NE 1~` Avenue, T ain hereby respectfully submitting a revised group Floor Plan and Variance Application for the Project -- as requested. As you ppinted out, the LDR's limit the size and use of a secondary, detached residence within my OSSHAD site; the maximum size allowed is 750 square feet and a full Kitchen within it is discouraged. As you laiow the residence in question is original to the site and at 787 grass square feet exceeds the maximum by 37 square feet. The original Kitchen shall be deleted from the structure and a Family RooriilOffice/Den shall take its place. In my opinion Ciry support far the request shall not be contrary to the public interest, safety, or welfare. Because of the historic setting, special conditions and circumstances exist that are not applicable to other lands th the same zoning district. Furthermore, the variance requested is the minimum necessary to preserve the historic character of my historic site. Please do not hesitate to call should you require anything else. I look forward to the approval process and the tentative June 4~' HPB meeting. RWC/jad Cc Tom McMurrain ~~~~~~~, MAY 2 0 20Q8 ~ ! 11 -----_~.....~f ~i_AN~f~~IC~ ~ ~~~'~~~~z~~ Cope Architects, Izic. 80 NE 4's Avenue Delray Beach, Florida 33483 Pho 561 274-6706 MEMORANDUM TO: Mayor and City Commissioners FROM: Brian Shutt, Assistant City Attorney THROUGH: Susan Ruby, City Attorney DATE: June 10, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC ITEM BEFORE COMMISSION Approval of the attached Agreement between the City and Chris Evert Charities, Inc. BACKGROUND The City had an agreement with Chris Evert Charities, which expired on December 31, 2007, providing for a charitable tennis event to take place at the City's tennis stadium. The attached agreement mirrors the terms of the previous agreement except as follows: . The term of this agreement shall be for a period of 5 years versus the prior agreement's term of 3 years; . The City will be allowed to charge and retain revenues for valet parking and parking in the parking garage; . Previously Charities was required to contribute a maximum of $20,000, of the payment made by the City to Charities, to the Drug Abuse Foundation of Palm Beach County. Charities will now contribute 50% of the total payment to the Drug Abuse Foundation. Payment for 2008 is $43,600 with increases for each year; . Charities shall not be required to use the City's exclusive vendor for soft drinks as the City has a certain number of days, for events, that it shall not be required to use its exclusive vendor. FUNDING SOURCE Funding is available in account #001-4210-575-55.43 as proposed in the FY08-09 budget. RECOMMENDATION Staff recommends approval. vo,i~ u• ~uUU z. ITIm vuv Viul51U IYU• J17'F ~• ~ S L sG~~rr T~ A+Gr~,tEE~ENT, madc and entered into thus ~ day of _,4~. , 2008 by and between the CITY OF ~EL~A'Y BEA~CA, FLORIAA, a municipal cor~ioration (hexeiut~aftet referred to as "Q'1~ X"), auod CHRIS EYERT CI~,A~TI'ES, YNC., (hexcinaifter lreferrod do as "CHA,RITT.ES"). ~VITNE~SBTE: WI~REAS, the QTY owns and cnranols c~ctajtn property upo~u wb~ch is located the City of Aelxay Eeach Municipal Tennais Cemte;; ancl, ~ WHEREAS, CHAR~'xI~S, is desirous of using the Mun~icipai Tennis Centex frnr the Purpose of holdimg a sportuig event to be mown as the Cht~is Evertlliaymrnnd ,lames Prfl- Cclcbrity ~'erugis Classic (`zCX~3ic'~ at th+a Tennis Ccntcr; and, WHEREAS, the QTY belioves that holdi~ag the Chris Evertl.[Zaymond dames Fxo- Celebrity T~aaas Classic at the. Municipal Tebuaas Cept~ (the Site) w~ gtami the eitizcnury of Delray Seac1~ many ~aoa~gibte said ixxta~ible bY~fits; and, ` ~ , ! 7 WH~~AS, Q3ARI';cIES also understands that the CrTY has azt ~clrrsive a$reezx~ent with Ticlcettnaster of Florida for fine sale of tickets for evcats. NOW,, THEXiEFORLr, in Con~szderation of the mutual prcrniscs, c.QVtn~ts a~ud. agzeezneuts eontaix~ed heXein, the parties hcretay covenant and agz~ee as follows: ~. LIC • The CIT'E' hexeby grants to C~A~RITIES for the month Qf N'oxera~ber, the right and privi,lage to stage, use, manage and apexate the natu-zcipal tee stadium and necessary surrou~nd3ng ProlaertY frnr a two Day Classic, CHARITY' xighta shad covex an additional dive (5) day lxriod be~re the comrnextcoraent of the Classic to set up necessary facilities and au additional 2 days after'the Classic to remove necessary facilities. vu.., u. cuuu -r. rYr irr vuu ur vni u IYU.- ~17rt f. ~ The term o~ this .Agree~mant shall extend December 3Z, ZOI2 wev~ t o v t' a e n the bJ~cach of this aA,s~~rovided i~t dives the CI7.'Y.~4 dgva notYCx of_it~~i~l. The dates for, tba Event to be held ~ Novcmbgr o~ 2U0~ 'Chmugb 2D12 shall be mutually agrted txlvon. 2. E A NT 7[~,ts ag7reemextt between the C1r1'X sxtd CHARITIES is a license agreemem,: net a lease or purchase ~recm~t, and should be canStrried by a cau~rt of c.Qutpetettt jurisdictioxt to be a license agX~sement only. ~~~, tb~is Liee~sa A,gt'eem~cnt does not grant nor is CkIA~Tf1~S xeceivixtg hereunder qty zlghts tv arty real ~ropextY of the CTT'Y nor any paroperty iD.terests except as set fozrtla ion this a;grecment~ 3. p'ACII.YTIES AND S~ YIC PLtOVIAEU BY CITX'. (a) Uhlcss ottte~cwlse herein speczlied, CITY shall be rC5pa7~ible for, yr agrees tv provide, at no charge to e'FIARiTiI+$ the fo~owiug facidXti~ and pxoductioln, assista~,ce in cctian with the canduct of and stagimg of the Classic: (i) use of art 8,200 seat stadium. coact axul three (3) p~ra,ctice couxts throughout the Classic (the "Courts") with "scat kids" to be in p~ by tlae Ct'rY to reduce the seat~og capacity to approxfmately 4,000 if sa desired by (ii) nse of a mutually agreed upon nu;tttber of cou~idc bogies and skyboxes; (ui} prepaxation aacl r~ta~tanartco of tfte Gourt;s tbxoeghout the Classic; (iv} television towex and platform and all necessary electricity to provide power to the towear and pI$tfoYxaa througk~eut the Classic, (v) a public addraga system; (vij niets, nek posts, si~agle sticks, an ttrnpite''s eha~r, limeper5ons chaos, skirted tables, atd and side line buntings, and nunobe~ed seati~-g; (vii) parkin8 for boxb~aXders, players, sponsors, tic.~et~holdexs, press, staff, and volwt~tsexs (CiTX fo implement, manage and staff pawing, including reserved arcaa); City v-ill offer valet p~ fCITY wi€I~~allvwed tsa chasee axed reLaix>< all revenues froTn tie vaiet_~BX and also be allowed to r..~xge. and retain all. revenues, for gate~ai public panrking ~~ 2 ~~~~. v. ~vvv T. iTi+ri uuv vivniv IYU. ]l7~4 C. r} .. t Caurtho a at a nouiimal rate €o be mutually agz~ed upon between Cl€y and C~at7lties to o~'sec parking atCe~nrlant wsss, (viii) all olearical power and one on-site electxieian (all costs and exiaensc5 ate C~iT~'~ responsibility) fox' t}xe duration al: the Classic (hook ups sxcYt iacluded); {ice) adequate space fox aztd vperativn of concesslans, retail booths, eta. ~(C~ARYTIES Ali place and vQerate ~e concessions and regain all revenues from its concessions aad retail booths);. . (x) rester facilities aad supplies; (JC]} $d8itianal CO~.IttS for ~~'0-~1, C11i~~cfi, L'tC., ~5 IDut11811.~I BgC~(~; (xii} tha use of areas 1For Y~elebritles, pros, press ~atervicw, towtvarnenc sta#', 'volua~lreerg, balllCids, officials, ticket office, and VIP hospitality amd the use of locker moms, as ~utuaIly agxoccl~ ~ Areas should iuouclude tables, chairs, furniture and air ev~c'llciautog, as murtnally agreed; (xiu} on and off-sire c~rectxonsl sxgttage; (~iv) al] necessary p~aiits; (xv) pn~site sec~cy includixxg socuoity for the celebrtxcs, ticket office, and press area and ovexa~aight shy coverage from Friday p.m, thx+ough luianday a.rn.; (~vi) adccluate police, fate suppoxt and traffic oontrvl; (xviii} teaching pral-essivnals to assist with tanuis pro~arns held ~ c~nYxaction ~riltb rho ClaSSXc; (xviii) mutY~ally ag>`eed upon aggiarketing ar~d 5pvnsorship suppoxt of the Classic; and (xix). access to utilitie3 €a fucluda isut x5vt be limited to :vssez~lsev~,x, electricllighting; (xx) reasY7nabla use of the gymnasium at the Commuta~iry Center, ~cluding ~flaox cover as px+avxded by the Cotr~umiCy Cexater; and (acXs) use of eaistixlig rlumpstexs and axx'snge to have the dumpstezs emptied at CI'1'X'S expense, 3 ` --~•• ~ ..v VV 1. 11•..I VvV VI VIAL i iru, J 17't r, (b) Du~rtg the term of this Agxeemerct (defined below) CITY ages tv pay to CH.~RITIES the fOlloflvirtg amounts with respect ba the Classic: (i} ~ ~~ D e 17ate 2048 US$43,604 $21,804 $2X,800 2049 US$4~;804 $x2,400 ~22,40D 201..0 U5$46,20D $23, t 00 $23,140 2011 US$47,500 X23,$04 ~23,~ov 2012 iIS$49,044 $24,SD4 ~24,50Q On ox before b1ov. Z, 2048 Sy 1J~. 10, 2008 On ox before ld'ov. Z, Zi}09 By per. la, 2oa9 Ofl yr before Nov. 2, 2010 ByDcc. 10, 2010 4n yr before Nov. 2, 2011 By?]ec. 10, 2Q11 On or before Nnv. 2, 2012 ~y laecl 1,0, 241.2 (u) C~ARITXES will oonGri6ute 54°b of the Natal paymc~at Exam the City to the Drug Abuse Faumdation of Paixu Beach Cacui'tlr, Tnc. by ranuaty 31 crf the foilawing year, provided they receive the above payments from the'CTTY. (iii-) If CSARITIES fails to hold tote Classic and the GTTY has pazd the first imstallmex~t to CATS, thew C~IA~RI{TXES will refiuad the a~aount paid baclt to the CITY by ranuary 31 of the follo~uv~ung yeas. The CIZ'3~ aha11 mot be required tv melee the second payment tv C~I,ARI~'IES ~ the ~vo~t is avt held dozing ics s~eduled tie. (e) If CHAR~TIIES haft txc~et sales greater than $10q,ODU.a4 but under $12.5,000.40 then it sktali pay to the C~'i"Y IS~J6 of that amozmt vet $100,004.00 btit ti;nda~r $125,004.00. If has ticket sass seater tha~q $125,U40.U0 then it shall pay to the CITE ~7.5~ of that amount gt~aaatex' than $125,000.D0 om top of the 1ST of the atxavunt greater than $10.0,000,40. Such payment shalt be due Witham 30 days of the coaclusian of the Classic ar rrritkin 34 days of C~IARI~S receiving Aaotley from ticiset' sales from Ticlectmaatcr, whichGVOr is latex, and upon the submission of an invoice froze the CITY tv CHARxTTES. 4. ~TAGII~TG AND PXtDD1TCTY4 ClG . The oxganizotion, stagix1g, and coz-dtu~ of each Classic wiil be the respOnsibihry of CHt~RXTIE5, which respvusibilities shall ittclude the ~ollowiuag: ~~v. ~ri~ ~. v (a) haztdli~ ticket atxd box office sales; (b} Obtaixai~ug a C18saie 17ixector, ~1 persomuel istvolwed in each Classic, and die CIassic participa~pts; (c} Adst~istering the entiu[e Classic; (~.) Setting up each Classic oA site a~ haudXistg all on-cot~zt actzv~~iest of the Classic; (e) Soliciring sponsorship sales and television rights, sales #or tech Classic; . (fl I~andlirxg promndons, advertising, salcb, public relations, god program production far ~sct~ Cis~sic; (g) Liaisit~r wish the cktarity bencfici~axies selected by C~'iAl~"X`IES for .each Classic; ~) CHARITIES shall be responsible for expenses iuacutred iu site clean-up of restxooms and for gaxbag~ pick-~,ip; (i) CT~ARITIH5 is responsible fax expextses incuzred im covering c8urts as set forth ixs ~azagzaph T ~ 'VIP rests are to be set ttp ar %~ needed to cover courts used ~ar COi1tCItt3; Srid G) ~~"S shall pay for all expciasea relati~mg to pb,a~ae usage by CHARITIES, i~arduding, but not lifted to, hoolt•up, diaX tAtte, and usage egos. 5. A,CI~NUWL GMENT BF EF~TS- ~ s~awledgzneut of the serves pxvrided by the CTl'S~ in Paragraph 3 hereof, C~5 agrees that COY will have the foU,owiaag aeknowted,gme~t xi~ts in relatiom to the Classic, subject to the provisions of this Agreetue~at: DESXC3NATSON ~ Designation as Halt Site of the Cktris ~vertl~Ray'maxtd James ~o-~Cel~ebrity'~~nnis Classic I~DLFI, .An~i'1rRTISTNC~ Television: ^ Sponsor logo included ~ advanced television an+3 advertising camlfe7'lg~l ,pudic and graphic mention during tl~e telecast and best efforts to create oveiwiew shoks of Ixlzay Beach in the ope~,ug of ~ broadcast Pxint: 5 . +~ Sponsor logo i~aoluded iii advaa~cced aewspaper and ~agazino ad~vrrtxs~ag campaign , ' One (1) full-page 4color aclsnowledgea~ent iu~ the Of~xcial Souvenir Program Rad;EO7inbeanptei: . ^ Sponsox (verbal ~recognx#iv~z) inclv~ded in advanced radio advising campaign ~ 5pc~nsor iogo included nn Classic wcbsits, r ww,c 'se •d ^ Internet liu~ between Classitc website and Spo~usor websxte COLLA'~RAL A~VERT~IC~ SponsorLogo/,Name inCluSio~ o~ the following materials as follows: ^ SpoASor Logo o Sawe~tbe-Date o $tochune o Pos#rr v Billboards (if apg~cable) o Movle'I`heater ad (if applicable} o Scoreboa~tds ^ Spo~sox Name o Press Release(s) o Brochure o postie~c o Snuver~ir Program Cover o Sponsor acknowledgement wxtbEix~ Souvenir Pmgra~ • o Spozzsor aci~owtedgemc~ut within Gala Ui~er Douce Prvgirarn R p YIP Sponscnc Hard o ~ Carpooti'ate idenafiicadan ~ each bog 6 ~~~. V l.V YV I ~ I 11 I~{ V VV V1 V17I V o Sponsor ackaawledge~oaent am video scXeefl at the Gala Dinsiet' Rake ON SITS BANI~R5 ^ Two (Zj banner maces (3'x7'} vu Ccn~r Court t#,roughouk the Cl~sio weekend (sponsor w pzbvide banners) . PRDI-dOTIONA,I. ADVERTISING * One (1) sales/prvmotionaVdisplay tit (appro~eiy l0' 1D') on site throughout the Classic weekend with hit~xet and electrical cepnbil~tie5 (Sponsvx to be respcxssible £or all i~tarnct expenses ixa~uxrad} ^ Right to pa~,cipatle ~ advance pramarions ^ Center Court public adcires5 a,~vunc~nents ^ Participation of City cyfficials ~, Press Con£crcnce for the Classic Right [o be pzes~i an Center Court and acknowledgement on Ce~ater Court during the awards reycemt~~.y HUSPIT.A,LITY ^ Thxrty two (32) iwvitatioas to the Celebrity Classic Coc,~ctail Party at ibe Boca R~Lon Resoxt & Club, Friday ev~tg 4ctoUer 31. ^ FQUr (4) Beau at the Gala Dinner D~or~ at the Bona Raton Rcsozt & Club, Satuxday cven~Ug, No~ve~axber i . TIC~TSn~~.ssEs ^ Ponr (4) Platinum. Boxes (a,6 seats) for both Classic se~gsions (3Z total tickets} ~ Twenty (20) Gsg,eral A,drnission tickets £or bath Glass3c sessions (4D total tickets) ^ Access t~ the SIP ~'ospitaliry SU~ik~ at Ehe Delxay Beach Te~fis Center £eattuiug a catered. bt~f£et and open bar VIP Pa,cki~ag Passes ^ Special ticket offezs tv attemd the Classic 6, ' _. _... ~ ~ ~ ,.. ~... ,.~ ..~.~„ ~YV. J17Y C. ~. (a) Subject to Paragraph ~3 hereof CHANTIES alas!! be xespozisible for collecting all revenues genet~ted by, and paying a~ expenses Tncuzred for, the Ciessic,~ except for those expenses assoaiaied wiitb CITY'S obligation6 set forth herein. , c~) CITY acloaowladg~rs char cHARr~rfES will ,got pay CITY far azty expenee incurred by CITY in conjunction with the CiaSsic umless CITY' has subrmit~cd a written estimate of such exp~gsa to C~ARITI~S and obtained writtetl approval ~ro~ C~,A~RiTIES o€ such expense in advance ~. mrs~~~QiY.9ox~iG~ The CfTY shall provide, at C~ARX~S' optiota, up to 1.0,000 square feet of temparazy Mooring for the Classic. C~TAHITIES shall be respo~osible far paYhx~ all costs up re and not to exceed duce thousand five b~undxed dollars (US$3,500) for iaastallatxom of the ini~lal XO,000 square Moot of flvarin,g. Tba ~C'iTY slisll he rr~pnn,~iblc fox the actual, installation of the floox..'Ff amore than, !0,000 squaxs Feet of flvorhtg is mquirecl by CHA~TTIE,S, then CHA.RXTXES shall pay all costs involved in obtaining such additional floaririg aua for all costs of irwstallatio~a of the addi~tiorlat flooring. $. OFFICE SPACE, 'Ihe CiT'Y shall ,provide to CHARIT~S o~cc space in the community ceutez' a~ud reasonable use of the baaurd room atxd ticket window section of ~e ticket office at a date beginning upon Vie. Mvnciay precedes the went arzd ending one day after then camplotlon of the event. The exact space to be use by C~IAR~~TES shall be de[ezxniued as mutually agreed upon by the patties. ~ the event the parties canmvt mtttnally agree upon a space, the CfT~' sbEall have the sale discretion to detemtiute tht 3pac:e to be u by CIiAIZiTI~S. Upon t-a~sing alto o~tce space, CHA~ti'~IE-S sia.all le$ve the space ut~ized in a condition equal to that which existed ozt the dau CT'IES oecttpied the space, ordizaarlr wear ss-d use thereof only ea~cepted. 9. d S ~~ r.v. v ~ ~! I III vv/. WI VIl I W wol 31Y~# r. I V if C~A-RII~IES ox the Cx'~' is Qreve~ntecl from or ixtterfered with in aqy manner wht~soever im fully performing its agreemer-ts {including its ab3;~ry to comduct tote Classic(s)) hexeutadex, xox e~~+ reason beyo~xd Its reasonable comtrol such as any law, regalation~, act of God, earthqual~e, flood, due, accident, labor conoroversyF act or threat of Tsnrm or delay o~ a oammam carrier {[hc foregoing all being examglcs al' an "event of force majevre"), then CHA,~ITIES' a,ad the Ci'I'Y'S obligation h~et~ddaX w'r13 be suspended as-often as any such, event a~ force ztzajeure occurs and darling such occurrences, CY~4RI'1'IES' and QTY'S xlanperformance will not be deemed a breach of this P~areement xn. .~~r~rgORiZEp~G~rrr. CHARTI~S hereby dcsig~aateb Chzxs Evert Clraritics, 7?AO W. Ca~v Reax, Suite 310, Boca Baton, FL 33433, Attn: Tauai Stactx, as CY~RYTIES' authoxized agent far $11 glupaaes hereunder. Aal notices or subrnissia~s to be nradc ox dglive~d by CYTY eo CHA,ItIT~S pursuaxu w this A$1Ce~iueac shu11 bt del;ivered to said address free of all charges, such as, fox example, shippiurg charges and customs charges. 11. C~,RITIES shall be liable fox say' ~d all taxes which arc dz ~$y be i;rnposed as a result of rids agraraaa~.c. 'i'axea shall be paid to the appropxlace authozit~+ and including, but not ~nZtod to, sales augd ass tai. ~2. PAt]OF OF INSTR~CE. CHARTi'IES ~ provide ~e CXT'Y with proof of insurance beiuag in foxes. 'xhe type and clu~tity of iutzsurauce zs moxe parcicalarly set forth in, Fxknbxt' ;F1" zo kbib agreement. Praaf of sacb~ insure mall be due by 3d days prior to rho first day of the anent. The ixasuzance sb~aU name the C)<TY and its designee as $dditiot-al i~nsutred. 13. O C~IARITIES agt'ees, subject to daa pravisious of dais Agreement, to accept all finaztaial respansibiuties for the Classic i>aclvdixtg: but snot iiua~ited ta, all accounting zuad reponixxg as may be required by law. C~i'ARiTI1L55 fwrther agrees to wept sole xespansjbitbiry fox any fw.a~acial 9 eor~itmentis ox obligations it lncura as a result of the Classic, aad w1~ch are mot provided for in this Agieenn~t. ~=y}}^~~^/,{~(, `p 1YV'yy~ ~~y yyT ~~/`~ ~~) ~~~~ ?3~~ F-+'~ Yid Iv +~~6'~. CHARITIES fiuChex agrees tltai all sexviccs and supplies riot specifically identified hcrei~z shall be provided by or ehrougb~ C,I3ARITIES. i5. GON'CESSIONRIGHTSOF.t'RARTTIES. C~IAItITIES uzay sell food, beverages, confectsorns, refresburnents and noveltte.S ox ztaay, subject to approval by CITY, cootract withh anvthor to pi~orrlde such searvice. CAS shall aot be te<zuired to use theme 'S~lusive~da vendor ' it_ does riot wish to, do so. ~~s! r c r, e 1m providing the camcessioza service, C~RITIES or any' person, ftri~, ar corporatio~a with whom it colitZaCts fax such pWCpose ~hertiaaftcx referred td as "cancessxonaire") shall coxiarply ~wi~ the following provisions provided, hAwewet, that CY3~lI~ITIE9 s~Zall rema~a ultimately xe$ponsible to Cxx"~ for all vbli~gatsoaizs'xequired of the cox~cessio~aaXre: a. Conces6lar~ai~re shell, priox to commemoing any activities, obtain any and aZl permits and licesases that u~ay be requited ~ cannectiozl with the opexatian, of Lhis CO~Ce391o~- b. All food, driers, beverages, co~'ections, refrzshments, etc. sold ox kept for sale shall be first clogs a-~d quality, in accoxdancn with t1~8 Dega~nent of Health xequiremenrs, -shall cortfortp, to all federal, state, county, and nnu~icipal laws, ordnances and regulatfions is all res-pect3. a Coacessionairc may have option tcti sell alcoholic beverages at the Tetrni~ Center. Sale of alcoholic beverages must comply with a17 federal, state, county, and nxuttic~pal laws, ordinances and regxdatis~ns and must be propearly Iised ;y tie State of Florida, c3: Cvncesslonaire may, at its earp~se, fuxniah additeotaal equip~uient aiad fixt~zes to be atilized iaa the concessaom. COXJCa8514~.i~Ee 5ha11 submit plans and speci- flcatjtons COncexAing fiutures grid ealnlRpineAt to CITY for approval prior to installation of any iterr~. For the 'purpose of this Agx+ee~ncnt, "fixture" shall. bFe dcfined as anything annexed ox afi"ixed to a buxldi~g oar siructwre car vvhic~t appears to be so armed or am-ezed, regardless v~ whethex' it is capa'blc of being removed. 10 -- ....~ ,. ,. ,., ~,,,, ,,,,,,,,,, ivy, ~~7~t r. ~t e. the Concessicin~ai~te shall prr~vide all rnai~atenance, rBpaix aad service xe4uixed on $11 oqui~~at used ors the oonceseion. f. .Concessionaire shall keep aIi fixtcues, eyvapmeut acid personal, pxoperty= whethcx owned by Concessionaire or CITY, is a dean acid sanitary condition ~d shall cleanse, fumigate, disinfect sud deodDri~e as rec)wred aiad whenerrex directed to do sD by CITY. A,ll state health laws and stair hea~rh departtucnt xegulatlous rxttist be starictly crrmplial with. ,A,II }atiitoz~al serv~iees necessary ~ concession area sl~Ll be provided by Concessionaire at Canceasianaire's expense, g. Concessionaires agrees to dispose of all refuse and garbage, in compIiauce with all applicable laws, oxdii3ailces and faealth codes, at Co~pcessioxiaire's ei;pense, .and t4 keep outside cantai~,$r areas nlcataed at ill t~,es. h. If tl~ concession is operated by a person, fun ox cotpozation other than C:H,ARITI~S, such p~vxx, firm, rr corporation shall at all ties rnai~atain workazs' comp~uition xvsuramcc eovprage for all eanployees which it emlaloys withmt tl'1C areas and facilities covered by this went, togethcz with the policy or policies of public liability a~od products kability inswrance azid prv~ides limits of at least Inc l-~illian ($i,0a0,Ot~0.OD) Dollars for combined single liwit caveatage; pxovick Ii~uor: liability insurance with limits o~ at leaser Oac Ivlillion (51,400,0OO.OU) Hollers and provide. fire legal liability in the amount of Five klimdred. Thousand ($5(l~,[3Q0.40) Dollars. Suclx policies shall provide that they will nat-1~ ceticcllcd oir amczzded without at least teen (1.4) days written ncttiec tv the >R li/iauager of C,IT~f and shall name G,l~''Y, its officexs, agent3 and. employees as additional. insured. ~,b. C O IJRN S TE. (a.) l~wr to the Classic, C~ARI~'~.S ~y inspect end e~cam~Uae the Site to determine that said Site is in sdr.~uata azid satisfactory condition for the uses contemplated. C~4RYT~S assumes full r~ponsbility and litibi'licy for all damages, losses and liability caused by condatiorts on the Sitc, which axzsC Once it conuneruees use and oceupanc}r of the Site, and which cvz~,ditsor~s are caused by or xesult fitoni ~tha aetivus of yr failure to act by C~~TIES, its employees, ageaats ar rspres~tatives, ~ or by the acpions of ar failure to act by eadilbitvrs, independent conta;actors, wozl~ers or invitees of C$ARITIES while on the Site. C~ARI"1cIES lndern~iie.5, .defends anal lavlds CI'T'Y, and its designee, harmless for any such claims unless such damage, loss ox ~ liability was caused by colidltiog9 ors tl~e Site which are izaherent is the structures ;upvolved, ox the direoc result of CT'I'~'S (including ita etuployees and agents}, meglig~otce vx izxiscouducs. 11 (b) CITX, and its de$ignee, Shall not be responsible ~ say damagc rnr in~uty .L4, ar pe~rsQnal conduct, ssl:'ety and welfare of CHARIT~S, its employees, ag~ts or rcpxesentatives, or oxhibitnt~, indcpe~ident ~nbcacrora, workers, axxd invitees while on sho premises anal CHAR~`~~ES e~pyressly indemni~Zes, holds har~nnless a~ releases CITY from any and all sncb, claims, damages, lossrs or liability associated therewith, wd~s such claim, damage, ar liability is the i~ult of CITY'S (includimg employees a~xcl agents) negligence ox:niscvmduct. ~'7. +.P )<.,A~CE SIT' ANb MA,xNTEN,~.NG".~. CH~#RIT~E,S steal! pay all assts fort cleanup, repair axed replacement and all daznagcs o~ whatevgf Origin or nature, for which tt is responsible, arclina~y wcax anc3 use thereof oarly e~eepted, which ,may occwr durirtg tho teen of tlai~~s Agreemart in ardex to reswre the lice to a conditxam acluual to td.e comditivm at the time L'I~,AF~TI~ES nceupios rtes Site. C$A1~~TILrS shall be responsible fur clca~a~-up of the Site during and after the Clalssic- Zf at any time CI'T'Y deterzai~nes that the clean.-up services provided by CHA~TYES are nbt adequate or tYiat~ said services ettd2~ger public hcaltlt and safety, Cl'i'Y shall aotz~y CAS in. writYng at~d if C~AR~'1CES fails to clean up aftac receipt of written notification, CITY may pravzde dlesc services. CHARx'~"X~ shall reimburse CITY Fox the ousts of prorrldsr~g these ae~viues and €oc tlxe actual costs a:f any supplies. IS. 1`IC~T 5~,,5,. .All tickets far admission shall contain language approved by C~ARIT'IFS and GITY cstabli~lung that the ticlC,eW srcatc a revocablo licp~.se. Frior to the sale o~ any adntissxon ticket, CHA~RITYES shall pt+ovidc City Managex o~ his desigio~~ with the establlslaed selling puce of each type and kind of ticket for his review and appxoval. ~s. .~apv~zzzsuvG ~xar~~. (a) C~ARITXES agrees, subject to xt^s ~ri~.ts, i~ any, unaer any applicai7le iicenso nr~en~s, to idcati£y nc~ City of Aelray l3ea+cb. as the sire of the Classic ~ all publications, ad.Veitisia~lg and any electrvnuie broadcast, atad to pejcmit CIT3t tv use CBAXtITIES' trademark ar ~-y rradernarl~ anthozized to be incl. by C~3ARI~7F.S, and CTI'Y agree8 tv pexxuit CH~R~IES to use the CITY'S Handle and lvgc~ and tradsrriarlc during klxe term of this A,greenaent solely ?.n tl~e cos~nectkan with 'the Classic. GIT'Y agrees that pxvrnotior~al m~atexiai dated by CTIY with 12 regard to the.Claesic is subject to tha approval of CHA-RiTIES. CHA~R.X~IE.S agx'ees that anY material submitted by C~~'Y wzll not be ,.mreasanab~y disa~pprovcd, and, ~ it is disapproved, that CITY will be advised of the sped~c gxousads of the disap~o~val. (b) All p~tttcd ~p;atexial atu3 adveing rmatTet' to be used prior to or ac tli<c Classic wb~oh include the name City of Delray Beach or lira afficxal seal shau be submitted to the City. manager or his desig~aea far' 1xis. approval at least two (2) daps priox to the proposed use of the same. ,Approval shall ztot be u~easonably witlabeld by the City lVianagesr or his designee, CI'~Y agrees that it shallalways use the off dial, name of the Classic as desig~aated by CHANTIES and no other ua~ofac when making re£etenee to the Classic in CITY'S pxomotio~nal m~~tgcials, (e) ~ CIiA~IT~ES is abbe w secure televxsiom coverage for the Classic, CHARITIES shall eaa-sure that any such te~levisio~a coverage of the Classic shall speci~tcally mentaom The C~ as the ILVSt in the opaiitxg of eacb, and e~-cry broadcast. CIEIAR~'IES will use best efforts to pro~de CI7.`X with an overview of the Czry of AClray Beaclx. (d) CITY oar its desigxee, at the zest of CHARITIES, shall temporarily s~ove~r a,dveztisemeats, Coltporate logos or txadezt],axks that appear throughout the Te~is Center, at }ts sole cxQe~3e. Z0, U D C~IARITIES shall ptravide all. pez'sonnel weeded for the Classic, including, but nat limited to, ~~up3an~~, c 'clown. gersom~ae~ ticket sellers, ticket takers, ushers, svluad tcclw,iciaus a~Ad stage hands except as othese set foxth in l?aragr$ph 3(a) or edsewhe~rc in this A,greeriaent. 21. P[]T YC~~~~MERGEAICY PERS01~1~E~.~ agrees to make atxar~gcmeuts witb, the C>[TY t `ve to pXOVidc fox QT'Ti~ police persaan-el whim the CITY deternaiztes, i~a its soXe dise.retion, is neccssaxy for the Classle. Also, C7FIAR]117ES shall contact the CITY desienated r~reseritative to lmakc s~xiSoments for ~.mcxgemcy Medical Technician perso~l w be went at tZae Classic. Zx. rt"T~~~ RTr:R'T TO~~,PREN:[1S$S. CX'X'Y at all times x~cser~+es the night to eject oz cause to 17e e}ect~ from the pr~uiises amy person ox persons via]ativtg or to ~ccp persons firom violating any d~ the odes or reguiatioas of the 'Ten~;is Cprxtc~r or an}' city, county, state or f~desai laws, amd neither' CITY nor of any its l,3 _.._ ,~ .., ., _., ,.,..,,,,. iru. ~ly~t f, 17 af~cers, agcx~ts or cpaployccs shall be 1zable i~a any I~1gt~ to C,~ARITIES or its o~'xcers, agents ox exnpinyees for any damages which z~ay be st~tain~ed by C,HARI~ES t'llrou~ the exercise vf~ this right by GrTX. 23. ALC4~QL~,C BEVERAGE. lm the event an alcalwlic beverage license is requited, ~S or its agents shah ap~1y fox and obtaim a ttlxtpoxary 2ulcoholiC beverage ~cense lxom the State o£ Florida Deparrment of Buis Regvlsttvzzv, Division of A,lcohalic Beverages and Tobacco for the sale of alcoholic beverages at tb~e Bite for the Classic. CHARITIES, arc ~ ageszEs, shall display said litcensc iut a conspicuous place at the Site of the sale and/or distribut.i~osr of the alcoholic beverages, ~S shall be solely respoz~sible far tasz~ly repvztittg and t'emitting tho appropriate retail suxchazge nn the aivoholic beverages sold for consumption td the Division of ,A~lcalYOlic Beverages er~d Tobacco. CHARIT]~S, c~ its agents, shall strictly comply with all =irtcs at~rl x~cgulat2ans established by the Division of Alcoholic Beverages amci Tobacen of the State of Florida and any taller applicable statutory and a[~gialatary xegtilaziaxts, . 24, y,,~,TIOI~ O~ C~AI~SIC STIR. CHARITIES agrees to vacate the Iicettsed Classic Site no later- than twa (2) days after the cvrraplet~on of the Cl~issic; W leave said Classic Sate itt a cnndittiton equal to tb,at at the commcncem,ent date CHARITIES o~tples the Classic SiEe each year, ordinary weir and use thez~of only cxcept®d, and that CkIARITIE3 slxall remove from Lhe Classic Sfta with dive {S) days Following tI'-c closiz~ of the Classic, all nteta~rial and ec~iprne~nt owned by CHARITIES. 25~ A. That CHA.R~TIES for itself, its personal representatives, successor- zn inter'est, assigns, subooutractars, and sublicensces, as a part o~ the conslderataon herea£, does hereby eovenaiut and agree that: 1. No person on th.e groumd of ><'~ ovloz, naNortal origin, age, or sex. shall be excluded from pattiefparia,a in, dersierl flat benefits of, or be otherwise SIZ~~~XBC{ to dtscrirrau~ation ~ i;~e use 0~ Saki ~BCllltl0$. i4 _.._ ,. ,-.~„ ~~~ ~~,.,,~~, eye, ~~y~ r, Ib 2. That in the construction of auy itnprovea~.ants ort, over, or udder such land and the fumishix~g of services thereon, eo person on the ground of xsee, color, natiomsl min, age, or 8e7~ s13a11 be eucludcd firo7~ participation in, be denied the benefits of, ar athezwise he subject tv discrimination, 3. That C~TA,R1'TTES shall use tha premises in cotmpliance with all other xa~tdre~tents lrmpaSed ox pursuant to Title 4S, Code of Federal Regulations, Article 80, ~vn.-discxiuQUiuatiost wader progr~ns xeceivixrg Federal Assistance tluough the Department of Health, ~ducatian ana Welfare -Effectuation of Title Vl o~ the C~ivxl Rights Act of 1964, and as said Rcgtxlatians may be waded. R. That in the event of a proven breach of any of the above non-discrizninatiam covenants, the C>fTY shall have the right to terminate the lfce~ase aad to take possessive of said ~xlitics and hold the sanne as if said license had nerrcr been made yr is.4tted. This provision shall not be effective tuat~l the pzocecluYes of T3tlc 45, Cede of l~cdtszal Regu~,atians, Part 80, are ~ollawed a~pd campleled including exexcsse ar e~piratiorr of appeal rights, C. C~ARIT~S s1~a11 rlr~t dzscri~minate agai~a5t azty employee ar applicant for ernplaynaent to be employed in the p~vnoaauce of #btc contiract g~ith xcspecx to hinmg, tcnwre, terms, conditions or privileges of employxment, or any matter' directly or indirectly xelared tv emplayrnezrt because vf. age. sue, physical. handicap (except where based on a bona fide occupational guali;fiz~,ion}; or becau~sa of mamtal status, ram, color, religion, nationaf origin or ancestry. 2G. CII.~iGE IN LAW, puxing the terra, the CITY reserves the right to restate and/or renegvuatc v~rith C1l(ARI''I XF„S such additions, deletions oz chat~ea to fire license aS may bE n~ecessitased by changes ix~ county, stato ox federal laws rclatitrg to the operation cf the downtow~a site. ~ the zvcnt that the CITY and CHA,RiT1ES one unable to z+eaeh a mutual a~greernent osr any such addition, deletion ar chaiuge, the~t portion of t4B contract oartccz~aing the services involved in the additalom, dcletinxr or change sha11 be terrni[uatad or elr~munated.. ~7. CANCELLA'X'XQN' HY CITTY. ' 15 -•~• v L V, V v 1. i V~ r r ~ V V 4 V 1 V I l l V , r U• l I~ 4~ r I! The ocxurrence of any of xhe follow»ng cause this Ageement tQ ba automatically tctminated~ A,. Institutivtt of proceedings in voltmtary batil~uptcy by CH'AIi~I'I'lES. B. 3'slsptut~on of proceedings in invalumtary bar~uptcy against CHARITIES if such pzoceedings lead to adjudication of bankruptcy stud the C'I~ARITIES fails within t7~ittety {9Q) days to have sucbt ~adjudicatints reversed. The CITY shall ha~+e the right, ~ fv'urteea (14~ calendar days wFittem votic8 setts by regist~xed or ce;~tified trail to CS'AItITIES specifyintg the azuflunt o~ payment(s) in default, to temtiaaatB tkus Agree,~naeut whenever the ram-payment of any sum ox sums clue ktexeundgr cor~uea foz a period of ten (~.0) caleodsr days after the due date for such paymaats; provided, however`, that such ttatiaQ shall not hG effective if ~A,R~Il~S makes the rec~irecl payn~att(s) d~sring the :fourtcetz {I4) calgridsr day pe~raod following receipt of the wxittea tYOtice. 28. The CITY znay terminate this Agreement far .cause upon CHARITIES' fa~wCe tb pzrfortn amy of the teams attd oonch~,ans of tuts A,g~memt and such failwre in pezformance not zebnedied by GYtTIZ~S withux t'lurty {30) days after vmg notice in vvritnn~ of such default ox in cases where xemrdial tneast~res may take longer than thirty (3Q} days, satisfactory remedital actilon must begin and be consiste~y undertakers wxtb~au thi~xEy {3fl) days ~ t+ecciviuog notice in writing. sraxi~ag the nature of tote failure of performance $nd the CLT'Y'S intention to terminate if not corrected.and wbuch remedial mte~sures nrtust ba completed within a rtasvrtabie time set fo~h in the ao4ce from the CITY. 29. B CHARIT~S may t~t»iaate this A~rarnment fox cause upon CITY'S failure to pert'oxxn ~y of the and coAditivrts of flue Agt!eemant if such failure in perFarmatnce trvas not remedied by CITY within t'#titcy (30}days axer receiving nodca in writing o,f $uch default, os in rases wb~erc remedial measwes xnay take longer than t}ti~y (34) days, satasf~ctvey remedit~tl ac;tiva mitst begiu~ and be aansiatex-dy wotdertakem within thixry (3Q) c~.Ys after receiv~g notice in writing statuag the nature ax the falluare of performemcx and C'HARITIES' intenuvzr m tetxninate 15 _ _.... ,,, .,, ,,,.~ W, .,~,~v iru, ar7~ r, to if not voxxecte'd and which a;eznadial roP.laSuXes must be completed witb~iaa $ reasrnq-able tiitTxe 'sc~ fcntb. izt the notice fxotn CHA~TL~S. 30. N T . Any nofaces submitted ox xaquared by this Agr~eni: sk~Il be sent by registered or cer~ied Aaail and addressed to the parties as £ollaw.s: To the City: Aavid Harden, City Ma3aager City of De~yBeaclt 1 QO hi.W. 1st Avszwe Dewy Beach, Florida 33444 To CkIAKYTIPS: Cb~rie Evart Charities 72UU W. Gino Read, Suite 3x0 Boca Ratr~xt, k'L 33433 A,t~i; Tami Stan or to such other addresses as either party ,may designate !n wait, 31. ~EYtPR~T,,+~`~Ql~. 'This Ag>lceeracnt coaastitutcs the onti~ ant between the parties with rasped to subject matter hez+eof aa~. supersedes ail prior verbal ox -~rittcn agxeemeztts between the parties with respect thereto. This Agxxcea~a,ent may be amended only by w'tittem document, properly authorized, executed Arad delivezed by botlat parties hero. This Ag~t shall be interpreted es a whole tart at>:d section headings are far conveaai+Nnce oxsly. .AJ.1 ihtearp;retativns shall be gnvena~ed by Taws. cif the State ofl~loricla. Waiver oi` any barcach shall not constitute waiver of aqv other bxeaah. Itt~alidation of any paxtioa of t~ Agreem~ shall not x~usvmacically i~walidate the emtire ,A~greemeuc. 32. ~EMI~'ZCATION. (aj '~o the fitllest e~te~at peYxare#i 'by laws lm3 regulation, C~~T'rIk'.5 aga'ees rA indentni£y, defend, save and hold CITY', its officers, ag~ats, employees .and assigns arxd Dubin B~ Associates, Inc., haarmless Tatum soy and all claims, datn;ages; .liabilities, losses, causes of action, liens or judgme>ats of kind ox aaature wh,ataoevex which ax><ay arise out vf, ~ caonncctia>o a-ith, o>c because of the use, maimtenauce, aa: operation of the llce>nsed facilities, incIUditag but ~«~t ' lia~itrd, to the esterfvr fr~ilities and grounds, parkir-g areas, pedestriazt walkways, vehicular paths aQd grassy areas, by CHARITI~5 or its officers, ageatts, e>xiployees, or indelacndcnt ~7 coutracto~5, and invitees including but riot limited to those resulting £~rom or aris~pg out of (a) by any act done ar wozds spoken by CHARITIES, its players, agrarlrs or eaaaployees, (b) atay d~nage done to tie premises ar any part tbereaf aauscd by the ~-ct oz vnaissian of either CH,A,N,xTIES ~r an~- player, agent or employee of CHARITIES: {c) the breach by CHARIITIES .of any term o~ this ,Agrineat; or (d) any brcar.h oar alleged breach of any watxanty or obligal~on underkalcen by CHARTT'~E5.1m this Agreement. CHARITTJ~.~ shall pay all claims, losses. liens, settlements ox judgments of any nature whatsoever in connectloxt therewith, includlvg but not limitexi to zeasaiaabla attorney's fees and costs to defend all e~alms or omits, in the name of CITY w~jp, applicable. . (b) Ci~ASZrrr~g ~~+ to defend all actions to which tlxis Paragraph 30 applies, in the name of CITY ~xovlded, however, rbat CITY resuveS the right to select its own legal counsel to conduct aay defe~e in sny sctch pxaceeding v~hich sel~raiori shall be reasonable uadcr the circuno~sr~nces. All -costs and f~ ~ associated tcwith shad bB the responsibility of CRIES under this i~adetiicatlflm agrccernerit, (c) Such ind~if~ca'bio~ ,shall be liuursd to tho amount of commercial g~er~ liability itrsnxatica which C~.A.RTTIES .ig recluuired try ~btairl under this License A;~reenawt. (d) 1`Tothi~g ~eontained he3re~ is irtte~cd mox shah be con,Strtted co waive CITY'S rights and iz~tnu;gaties under the com~an law ar Sec'4ton 765,2$, k~orida Statutes, as a~rn~ded from ciuoae to tune. 7Cb~e provisions of this Paragraph 32 shall sw vive the rxecutaoaa, delivery and pexforutance of this Agxeezueut. 33. PERSONAL PROPE TY. CITY assumes na respoztslbllity whatsoever ~y AmA~3' P on ~ Site by CHARITIES, its age~s~ employees, representatives, independc~ cvatractors or iztvitees. CX'I'Y is hereby expresgYy .released azad dis~rged from a~- and all liabi~itses for arty lass, injury ox damage to such•pxvpe~~ that may be susrained by reason of the use a~ occupancy of the Site ~1ude~ this A.g~reetnent, unless such damage, lass or liability ,~ caused by CYTY'S (Including emltl©yees and agents} negligent, rec]C1GSS ox iuateativaat. a~(s}. If any clal;Cn ox cause of action, is brought agaur~,st tl~-c CITY relat~ugg to p~soxtal property a:4 eomtetcplated by tbis liaragxaph, and where such claw or cause of aeon iS not fvu~aded on the ne~ligeru, rerklexs or interatavna( action of the .CITY (including emplvye~es and agents), lea CH~A~,',i~l"CS shall defend .any such action. l.8 -~- ... ~v,,.. ~.~v,„~ yvr v,v,c,v IYU.717~F ~. LU ut the ~~a® of CI`i'~ provided, however, that GITX zc5elvEg ~e t [o select xts own legal.. cowasel to conduct any defense in any such proccedixag which selectxoao, shall be reasonabia wader the circumstances. ,A;ll costs and fees assaeiated therewith shah be the resgoxwsibility of CHARITIES under this agree;t~arkt< 34. ~ CO CTOR .STATUS. CHARITIES and its employees, volunt~x9 and agetus shall be and rex~ifn independent cvntraCtaxs and ~aot ag~ats or employees of CITX with respect tra all of the acts anzl services perfvrtned by and under klae tee of this Agreement ox lf'aic any other reason whatsoeveic. Tluis ,Agreement shall nv~ in any way be copstrued to create a paarpr~ership, association or any other kcind of joint undertaking ar venttare between the pax#ies hezeto. Except as othezwise provided for hexer, the CITY and CHAHIT~:S xepregent that they have, to.ihe best of thciir ltiavwl,edge and belief, auk xigb~s az~d authority necessary ~ fiaifdl the obkag~ations 1~:ere~dct without bxeachitxg the teams of any athe~r agxeement ~ which extho~c CH,AYtITIES ar CITI' is aparty. 36. ASSTCNT. '~i~s Agee~mi shs11 bind aad. inuz'e to the benefit of CAA,RITXI~S and the sucvcssoxs and assigxas of CHAI~T>tES. The rights grarttad CHARGES hereurldcr shad be e~~LlSive to it and shall not, witlaaut the prior written. consent of CITY, be rtac>sfon•ed vx assig~aed to aay othcx_ 37. ~ ,A,11 rights not herein spec~iftc~ly g,c~tted ~ro CHt3-,~T)~ES wi[h r~ect to t~ Classic shall be attd xen, the pro~exty of Cl[TY. This Agrecm~ent coa~sattttes tl-e entire Agrent betwceat. C)ITTi' and CHARIT~S ~ respect to the sub~ecx xnattar of this Agreema~jt and supex'sede5 all price' agreements. 39. ~,,~r.~;~]TION ANU DELTY~RY REQ'CTIRrl). This iastrument sb~l not be coASidet+ed to be an agrexmettt or' ~concract, nor snail it gceate any obligation, '~a[SOevCr, oia tic ~a1[t of CHAR•ITI]CS or CITX, or either of them, walesa and Y4 ~uu. U. LUUO `F: IUfIYI JUU JrURIJ IYO, ~lY4 •i'. L I ;,wtiy. it has been sued by repxeSeattativeS of C~,A1t.I~'~ES attd C~'Y"Y n~;d deliveary has been made of ~ ~idl~~y~.((-1s~{i~g'>~laepd ryoyrigu~l. ~ ~ry~r~ ~1r~ ~ ~ Y{/r i.\l 3. aJ.~k7' 1.~~~Il!'ir A -7.~a'~J..~. . All actzviaes and operations of CH~1'IES will be cans#stent with an olrgaruzation which is exelaxpt froze federal in~oxne fiat uudar SecCiom 501{a) of the ~te~al Revenue Code, by virtue a~ being ~ oxganira~iv~a described itt Scctiox, 541(c)(3) of the ~Ztcxnal Revenue Cade. To conflict with CHA~T~ES' teat-exempt o~rganizatio~u, such obligation is hereby vvaiv~d, by QTY and ab~all >noc be hi~,ding upcna CTlES. ~ the aveant any obligation to CITX ~s waived on account of the foregoing Iserttemce, suitable altexaative artang~ents, consistemC with CHARIt~'[ES' tax-e~emgt statu:~, wih 6e made so as to e~voitd eny iniquity to C~:'T~. 41.. pT„ S. Nothing itt this Agrearnent, wkxether eatpres$ or implied, is intended to canfe;r say rig}~its yr ~retn~tes wader or by reason o~ this Agteexnent upon auy perscm othear shin rite paitaes hereto and their reserve kteit~s, successors, legal repxesentatxves, and. permitted a8sgns, nor is anything ~ tt~s Ag~nertt intended to z~lieve ox dis~shwrge the obligation ox Ziabliry of any thud peit~ons to any patty t4 this Ag~ment, nor shall any px+ovi5io>a thereof dive any third parson any zxght of subxdgattiozt ox actiozt over or agairl$c any party to dais Agree~w.cnt_ 42. ~• Any act%ort brought to e~nfores the grvwisions of this A-gt+cement ghal] be broutght ~in a court of coriopetent ju>risdictioi~ ~ Palm Beaclz County, Florida. (n) QTY or its dagigr:ee shall. proYide the services o~ its facility a~ad boat office through Ticket~aaaster o~aly for those ticltets elected by CHART'~5 to utilise such sorvi,ces ~ coruaeation with she Classic. These scr~ices wxXX be prcr+ided m •a timely, pz~fessional gnd ditXigeanit maser and. in accordatace with C~A~'I' +' xeaso~rble ticlrnt sgacifications. C~iRITTES s that it will provide facility and box v~iice sexvilezs fox those ciclccts for wlxich CI±~.A~'T;IES does not elect to u~,lizc the Services tht+ougla Ticke~mastear. (b} Tn fiill payt for the ticltet services, G~ARiT~E.S agrees tt> QTX fmposing a two and ona ~aalf pelt {Z.596) charge agafast ttc~et proceeds whelre such proceeds are genezated through e~cedit card sales ar~d five cgats (~_4S) ~1efC ticket i:ar ~t stoclt. QTY 24 •~• V• L V V V I. I f l e f l V V y V 1 V I l I V 19U. ~r7`t r. t[ a~taowiedges that s~o Ottaex mounts will. be cl~rged to C~,AR~TIES~ (other tiaaaa payme~.t of state sales tax) fox ticketing for the Classic, (e) C'xTY shall PdY gib' P~~t 19{}9'6) of all amowats due to CHARTTi~S wirZai~a k3 da~+s of the CITY recc~ivlrig the fw~xds from ~trketmaste~r. CITY siaall pay the bolanee of the reemai~g teen per~mt (1096) to CHAR~'~5 within 60 days after the completion of the event, less a~oacn:nts fox which refwpds have been issued. If CHAluTIES fails to hold tizc event as scheduled, CAS shall be rcaponsible no Tic.,o~astcr-Flo~de, Inc. four all refumds inc~~ed as a result. of the cancel]ativn or resclaedulitng, up to the face amount of the ticket pxlce per ticket parchxaed aad xefunded plus any additional credit card fees that may be iz~ilpased. 44. V ,~4:1i approvals to be g,ivan by >a patty uader this A~ree~emt shah nvt be u~oureasoanabiy wxthhcld or delayed. IN WITNESS WHEREOIx', the parCies have ceuSed this agzeement and one cauntergart, bona of which shah constitute arigi~-a15, to be executed by ire l~°l~ offic.~ hcxeto duly au~OioriZed via the ycaar and date first above writtrn. AT'I'ES~': ~zy cis CT>t'X OF DELRAY 13SACH, FLORIDA, ay: Rita Ellfs, lvlayor Approved as to dorm: C#ty Attox~ey WITNESSE5. ~ ~ (print ox type name) ~~a4'l,'~ ~}~ t covrvxx of ~ ~~ ~~ CkTRIS I~VE)R~" r_Hnn~~' II~TC. By: ~anae P .. Txt1c. ,~e~ue Secs `~rve~~• zr SFAT. ~~ I '3NWii-dTA~1. uIYCOA'~~~ ~RiB?9 eKPI ~~, R01G eadr4:~ hk`4' P1iaNwRst -- •• • v ~ v v v 1 1 1 ~~+~ v vv v 1 v i1 I V irv, ~ 17'fi 1 . LJ The faregoiag ~instru;nrLent was ~cknowlCdged bofOx~ me this ~ day of ~ Z~ by r ~ `~. of CHRXS EVER CH,ARI'~IE5, ZNC,, a roxpora~ion, o» be~al£ o£ tie cazparativnl JShc ~S . personally mown to r~a,rJoF has psoducxd (as ild~mi~icstioa). l ~.gt~aturG Of Notary Yic ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Susan Ruby, City Attorney DATE: June 11, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/REMOVAL OF UNDERGROUND TANK ITEM BEFORE COMMISSION Interlocal Agreement between the City and the CRA for removal of an underground tank on City-owned parking lot behind the old library. BACKGROUND The City owns the parking lot behind the old library that is to be conveyed to the CRA and ultimately conveyed for the redevelopment of the Old Library site. An underground tank was detected that will require removal. The CRA has agreed to pay up to $20,000 for removal and remediation. If the amount exceeds $20,000 the City and the CRA may renegotiate the cost, or the City may convey the property to the CRA at the request of the CRA, or the City may cancel the triparty interlocal agreement which requires the City to convey the property. RECOMMENDATION Approval INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (Agreement) is executed by and between the City of Delray Beach, a Florida Municipal Corporation (City) whose address is 200 N.W. 1st Avenue, Delray Beach, Florida 33444 and Delray Beach Community Redevelopment Agency (CRA) whose address is 20 North Swinton Avenue, Delray Beach, Florida 33444. WHEREAS, on or about February 19, 2008, the City, CRA and Greater Delray Beach Chamber of Commerce, Inc. entered into a Tri-Party Interlocal Agreement which provided, in part, that the City would convey the City Parcels identified in the Tri-Party Interlocal Agreement to the CRA in connection with the Purchase and Sale Agreement entered into, by, and between the CRA and Old Library Development, LLC ("Developer") hereinafter referred to as the "Purchase Agreement"; WHEREAS, the Developer inspected the property described in and pursuant to the terms and conditions contained in the Purchase Agreement, including the City Parcels, and as a result of the inspections, the City and CRA, for the first time became aware that an underground storage tank may be located under City Parcel 3 (North Portion of City Parking Lot) as more fully described in the Tri-Party Interlocal Agreement (Palm Beach County Property Control Number - 12-43-46-16-01-101-0140); WHEREAS, CRA and Developer have entered into an Addendum to the Purchase Agreement extending the due diligence period described therein until July 14, 2008 to allow the City and CRA time within which to remediate, if necessary, the City Parcel underneath which the storage tank is purportedly located; WHEREAS, CRA has agreed to pay for the removal of the tank and other related remediation costs up to a maximum amount of $20,000.00 ("Maximum Amount"); and WHEREAS, the City has no obligation under the Tri-Party Interlocal Agreement to effect any repairs to the City Parcels, including without limitation, the obligation to remove the storage tank or to remediate, but it is willing to do so provided the CRA pays the cost of the storage tank removal and related remediation up to the Maximum Amount, and in accordance with the other terms and conditions contained in this Agreement, all in the spirit of cooperation between the City and CRA to effectuate the closing of the Purchase Agreement and the construction of the improvements by the Developer as identified therein. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration the receipt of which is hereby acknowledged by each party, City and CRA agree as follows: 1. The recitals and representations set forth above are hereby incorporated as if fully set forth herein. 2. City shall retain a properly licensed and certified professional remediation company ("Contractor") to remove the underground storage tank and to otherwise remediate the City Parcel if remediation is required by applicable law, in accordance with all applicable building, zoning and environmental rules, regulations, statutes, ordinances and laws. The terms and conditions of the remediation contract between City and Contractor ("Remediation Contract") shall be agreed upon by City in the City's sole discretion, except that the Remediation Contract shall limit the cost of the storage tank removal and related remediation to the Maximum Amount, unless otherwise agreed in writing by the CRA. The terms of the Remediation Contract shall provide that the Contractor shall undertake the remediation with due diligence and comply with Chapter 62-761 of the Florida Administrative Code, prepare a Tank Closure Assessment Report, and submit the written report to the regulating Palm Beach County authority. 3. CRA agrees to pay the Contractor, on behalf of the City, when payment is due to the Contractor from the City under the Remediation Contract. CRA shall reimburse the City within twenty (20) days after written demand is made upon CRA by the City for reimbursement. 4. If at any time during the process of the removal of the storage tank or remediation by the Contractor, the Contractor determines that the total cost of such removal and/or remediation will exceed the Maximum Amount, the City shall notify the CRA within seven (7) days of receipt of the cost estimate. The CRA then shall have the option of either assuming all costs, expenses, and liabilities in connection with the removal of the storage tank and remediation regardless of the total cost, or the CRA may require the City to convey the City Parcels to the CRA pursuant to the Tri-Party Interlocal Agreement, which conveyance shall be "AS IS" and with all faults as more fully described in paragraph 3.2 of the Tri-Party Interlocal Agreement, and CRA shall indemnify and hold City harmless from and against any and all claims, costs, expenses, demands, and liabilities in connection with the underground storage tank and related remediation of the City Parcels. If CRA does not elect to agree to pay the costs which exceed the Maximum Amount for the removal of the storage tank and remediation of the City Parcel or to require the City to convey the City Parcels to the CRA, within ten (10) days after written demand made upon CRA by City, then City, at its option, may either cancel the Tri- Party Interlocal Agreement and Chamber Relocation and Public Parking Space Agreement identified in the Purchase Agreement, by delivering written notice to the CRA whereupon City shall have no obligation to convey the City Parcels to CRA, or the City and CRA may, upon mutual consent, agree to another cost sharing formula for the storage tank removal and related remediation. 5. CRA shall have no claim against the City if the Contractor fails to timely perform its obligations under the Remediation Contract. 6. If the Tri-Party Interlocal Agreement is not canceled as provided herein, the City shall convey the City Parcels to the CRA upon full performance of the Remediation Contract and the issuance of a No Further Action Report, or its equivalent by the appropriate regulatory agency and completion of the related remediation of the City Parcel. 7. Except as otherwise provided herein, all written notices shall be effective upon the actual receipt or first refusal of the addressee to accept delivery after having been sent by reputable overnight delivery service or by certified mail, postage prepaid, return receipt requested, to the following addressees: CITY: City of Delray Beach 200 N. W. 1st Avenue Delray Beach, Florida 33444 Attention: Susan Ruby, City Attorney With Copy to: Steven D. Rubin, Esq. 980 North Federal Highway, Suite 434 Boca Raton, Florida 33432 Telephone: (561) 391-7992 Fax: (561) 347-0828 CRA Delray Beach Community Redevelopment Agency 20 North Swinton Avenue Delray Beach, Florida 33444 Attention: Diane Colonna, Executive Director With Copy to: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 Fax: (954) 771-4923 8. This Agreement shall be governed by the laws of the State of Florida. 9. This Agreement completely expresses the full agreement between the parties. 10. This Agreement may not be changed or amended orally. 11. This Agreement shall and bind and inure to the administrators, executors, successors and assigns of City and CRA respectively. 12. This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals. 13. Notwithstanding anything to the contrary contained in this Agreement. a. Even though the City has certain contractual obligations under this Agreement such obligations shall not relieve any person subject to this Agreement from complying with all applicable governmental regulations, rules, laws, and ordinances; b. To the extent approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights; c. The City has not waived its sovereign immunity; and d. Any action by City shall be without prejudice to, and shall not constitute a limit on, impairment or waiver of, or otherwise affect City's right to exercise its discretion in connection with its governmental or quasi-governmental functions. IN WITNESS WHEREOF, we have hereunto set our hands and seals on the day and year above written. Witness Witness Witness Witness CITY OF DELRAY BEACH, a Florida Municipal corporation BY: RITA ELLIS, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY: DIANE COLONNA, Executive Director H:A2006\060018 DBCRA\agMT 2008\Clean Old Library Site -ILA with City Re UST - 6-9-08.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 11, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 CONTRACT AWARD/NUTTING ENVIRONMENTAL OF FLORIDA, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $13,660.00 to Nutting Environmental of Florida, Inc for the removal of one 1250 gallon underground storage tank located at the former City of Delray Beach Library Parking Lot in preparation for site redvelopment and in accordance with the City's Interlocal Agreement with the Community Redevelopment Agency (CRA) for performance of this work. BACKGROUND In the course of performance of due diligence inspections at the former library site, including the adjacent parking lot, the site development firm discovered the existence of an underground storage tank (UST) located on the north end of the City parking lot serving the former library and Chamber of Commerce, which lot is part of the overall redevelopment property. The City and the CRA have entered into an Interlocal Agreement for the removal of the UST wherein the City will coordinate the removal and closure reporting in accordance with State regulations, and the CRA will bear the cost of that work up to a maximum of $20,000. The scope of work includes the provision of all labor, material and supervision necessary for the removal and legal disposal of one 1,250 gallon underground storage tank. Services will include tank removal, soil sample collection for analysis, a temporary water monitoring well, preparation and submittal of all necessary permit applications and reports as required by State, and County regulatory agencies. Attached hereto for your reference as Exhibit "A" are three (3) quotes obtained for the scope of work as described outlined above. CONTRACTOR AMOUNT Nutting Environmental $13,660.00 GFA International $14,950.00 Ardaman & Associates $15,480.00 The lowest quote was received from Nutting Environmental with whom the City has worked in the past and who has a successful history of projects with the City. FUNDING SOURCE Funding for this expense will be provided by the CRA per the terms of the Interlocal Agreement between the City of Delray Beach and the Delray Beach Community Redevelopment Agency. RECOMMENDATION Staff recommends Award of a Contract in the amount of $13,660.00 to Nutting Environmental of Florida, Inc for the removal and disposal of one underground storage tank. ~~ zt N1.ITT{t~G i=1+fvlRi]NMEMTAL OF' FLOFtiDA~ rNCr". }rOElt ~t'8L'f IS ~1tJ{' 1~7If1l77tG'77BftG May 21, 2008 The City of l7eiray Beach 434 S. Swinton Avenue Defray Beach, Florida 33444 Attn: Rafael Ballestera • Environmental Property Assessments • Canrarr~inatian Assessments • Remediation • ~Aanitori€~g VJeifs • IX~Q! Ntald Evaluation Fie; Proposal for Tank Closure Assessment Activities Farmer Library Building, Office Building, Commercial Building and Parking Lot 25 and 59 SE 4`" Avenue and 64 SE 5`h Avenue f3elray Beach, Palm Beach County, FL. 33483 NU"C"T3NG Et~v~r~t~rvrUti=t~TA~ of Fi,oPt~.a, INC. (NEF) is pleased to present t1~is proposal far the performance of Storage Tank Closure System Closure Assessment. This closure assessment will be conducted in general accordance with guidelines established in the "`Storage Tank System Closure Assessmen# Requirements", Florida Department of i=nvironmentai Protection (DEP) publication of April 1998 at the shave referenced project in accordance with your request. (?ne approximately 1,250-gallon underground storage tank (U5T) system was reportedly identified an site during the performance of an underground storage tank investigation conducted on April 30, 2008. The Basic Services outlined by the proposal consist af: 1) observation of tank removal activities; 2) field screening of soil quality from specific locations within the U5T excavation area during and subsequent to tank removal activities and along product piping; 3) collection of a minimum of one soil sample from the tJST excavation for laboratory analysis; 4) installation and sampling of ono graunduvater monitoring well in the farmer U5T area; 5) preparation and submittal of a Tank Closure Assessment Report (TCAR), as required by the Florida Department of Environmental Protection (FDEP) and Palm Beach County Department of Environmental Resources Management (ERM). It should be noted that additional expenses may de incurred during this project due to unforeseen site conditions or the discov®ry of contamination. If soil andlor groundwater contamination is recorded in the laboratory analysis shave Chapter 62-777 Florida Rdministrative Code (FAC) Cleanup Target Levels (GTLs) a "reportable release" may exist potentially requiring the ftfing of a Discharge Reporting Form (DRF) with FDEP andlar the local regulatory agency. Filing of a DRF will likely necessitate furkher site evaluation and possible remediation. If excessively contaminated soil is detected during tank removal activities or free floating product is visible on the groundwater in the tank excavation, Ff~EP and/or ERM will Ilkely require the filing of a DRF along with additional site assessment and possible "source removal" activities in the area of the U5T excavation. if soil contaminant concentrations above Chapter 62-7'77, FAC leachability guidelines are recorded in sail laboratory analysis, at a minimum it will be necessary to run an SPLP extraction on the soil residue for subsequent analysis far the parameters of concern if the soil sample is still within the two week maximum holding period, if the SPLP sample exceeds Idachability guidelines further sail excavation (source removal activities) will likely be required. Services related to source removal or site assessment activities v~ould be addressed in a separate proposal. Proposal fr~r: Relray ~3eaeh Page 1 of 6 May 21, 2008 1310 Neptune l]rive • Boynton Beach, FL 33428 Boynton Beach (561) 732.7200 ~ Pompano Beach (954} 782-7203 • Mlarnill~ade (305) 858-0981 ~ Fax (56t) 737-9975 Clue to the absence of information regarding the volume of contarriinated soils (ii any) prices for the removal, transpcsrtation and disposal of petroleum contaminated soils will be bitted according #o the unit prices identified in this proposal, upon specific authorization by the client. It st~auld be Hated that add'i#ional expenses may be incurred during this project due to unforeseen site conditions. Given the limited information regarding the UST (e.g. number, size, contents} is available, the proppsa] is based on the assumption that one ~ ,254-gallon UST system is located an the property. Par the purpose of the proposal it is assumed that a totak of ~ ,430D gallons of liquids and no 55-gallon drums of petroleum sludge (non hazardous petroleum related} is present in the UST system. The actual cost will be based upon quantities present €~n the day of the field activities. Please review the attached quotation. if this quote meets your needs please sign and return it to this office. V4r® look forward to providing these professional services to your firm. Far further information regarding our company's qualifications, visit our World 1fVide bleb page at http:flwww.nuttingengineers.com ar contact the undersigned at your convenience. if additional details are necessary, p{ease contact me at your convenience. bite Inv~stlg~titaErt: • Mobilization of drill rig and crew 1 days} ~ $25f~Tday $ 250.DD ® EnvironmentaE Specialist for observation of tank removal procedures and collection of soil samples. 1 day(s) ~ $ 56DIday $ 55Q.40 a f=lame laryizatian l~eteatar rental. 1 day(s) ~ $ 1 DClfday $ i DD.DD ® Installation of two inch diameter P1fC Shallow water table monitoring well~s~ with a conventional truck-mounted mobile drill rig (completed yvith lacking cap within an 8-inch diameter meter box or standpipe}. 1 weii(s} C~ $ SDDleach $ 540.134 .aa®ratClir~ Ilrt~~-~s~ig~lt~n: ® Laboratory analysis of Soil Sample per BTE~ and MTBE by EPA Method f3D29-B, PAHs by EPA Method 81D0 and TRPH by FL-PRO. Estimat$ 1 sampleis) ~ $ 37(3/each $ 37D,Dfl Goltection of groundwater sample using a peristaltic pump and virgin H©PE tubing in accordance with the Florida E7eparlment of Enviranrnental Protection (FDEP) Standard Operating Procedure (SOP). P..stimate ~ sample(s} ~ $ 125feach ~ 125.Do Laboratory Analysis cif Groundwater Samples per BTE7C and MTBE by EPA Method $D21-B, PAHs by EPA Method 810D and T~tPH by FL-PRO. Estimate 1 sample(s) ~ $ 4251each $ 425.4#3 Tank F~~t~~~'~I ~lr~d ~[p®s~l ~r~i~~~. Tank registration and removal application with the Palm Beach Gounty Qeparlment of Environmental ~lesources Management $ 3D(3.(3f3 Prcaposal fear. Delrasy C~e~ch Page 2 09 6 fUlay 21, ~ada8 1310 (Neptune C?rive • Boynton Beach, FL 33426 Boynton Beach f 561 } 732-7200 ®F~ornpano Beach X954) 782-7200 • hlliar~P/Bade (305) 858-[~SBt • Fax (561) 737-9975 Estimated Cost of City of defray Beach Tank Removal Permit $ 300.00 Estirr+ated cast for excavation and removal of one approximately 'i ,250-gallon UST system to be provided by Petrr~leum Technical Services ~liaensed storage tank contractor}. Cut open and purge UST by adding solid carbon dioxide (dry ice} in the amount of 15 Ibs per 104tt1- gallon UST capacity. Perform combustion gas assessment of vapor concentrations in the UST and UST work area. Disposal of tank and provision of clean fill. Drumming of impact~:d sail into 55-gallon drums ar stockpiling impacted sail on site (if required}. $ 5,000.00 Mof3ifization of Vacuum Trs~ck and Field Technician (1 day) to pump liquid contents cut of UST system far transport arrd disposal of liquids, to purge UST with nitrogen gas, confined space entry, personal protection equipment, and clean UST (pressure wash) followed by removai, transportation and disposal of up to t,t?{30-galler~s of petro(~:urnfpetroleuEr~ ca€ttact v~rater, Estimated ~ storage tank(s) $ 2,500.Ot.3 Additional gallons of liquids estimated ~ $ (?.75lgallon Contingency Additional gallons of sludge estimated {~ $ 30Qldrunt Contingency Exc~vatic~~i c>~f Havil~y ~~r~t~mir~t~fied ~oiis ~ncotan~~~~d dt~rirt~ ~1~T I~~m~aval s Laboratory Analysis of Sail Samples from stockpiled soil for pre-disposal charac#arization per EPA fUtethads 8021, FL-PRD, 8 RCRA Metals, P'CB's and TOX (Rinker Virgin Preburn Analysis) Estimated 3 samples} ~ $ 525leaeh Contingency ~ Laboratory analysis afi Sail Samples per i3TEX and 1V1TBE by EPA Method 802'i-B, PAl-is by EPA Metf~ad 8#~ and TRPH by FL-Pf~U from side walls of excavation. Estimate 4 samples} (~ ~ 3701each Contingency ~ Excavetiern of impacted sails and load soils on dEamp truc}cs with backhoe Estirrfated 1 day ~ $ 1,51)t3 Contingency Transparta#ian and disposal through thermal incineration of lined landfill caf petroleum impacted sails Estimated ~ $ 701ton Contingency .~ Provision and transportation of clean fill material to baCkfill excavation Estimated ~ $ 475ltruck load Contingency Actual Tarxk CNosure casts tnriil be reliant upon actual tank cag~acity arnd v~hether the tanks ors filled with sand, concrete, petroleum fluids ar+dlar sludge. ft should IEw nptec4, substantfalfy higher costs could be inc~rrred based uport the conditions encountered during tank removal activities. ~O rt~R 1~1,~e#1Cj1 I~errt5: ~ Laboratory analysis of soil sample residue that exceeds E.@ach2,bility {CalE~mn lli) Soil Cleanup Target Levels {SCTLs} set forth in Chapter 62-777, SAC, ifi sample is still within two week balding time and is feasible. SPLP Test extraction #aflawed by analysis for the parameters of ccsncern. SPLP Test Extraction ~ ~ 140 per sample LabaraEory analysis Eor ~sarameters of corsnern ~y separate quote Contingency Carbon Grac~ping of sail sample residue that exceeds primary TRPH Residential direct Exposure (Column S}and Leachability (Column fll) Soil Cleanup Target Levels {SCTLs) set forth in Chapter 62-777, PAC, if no other contaminants were reported in the sail and/or groundwater samples analyzed. Contingency Proposal fCe~: Delray 13GQCtf page 3 of 6 May 21, 2{Dti$ 1330 Neptune C3ri~e,• Oayntran Beach, FL 33426 ~4yntQn l?,Each 567} 732-7200 • F'ampano Beacn fs54g 782-720a • Miamilpade ~so5) ssl~-anal • Fax {561 ~ 73?-99T5 t^,arbon Grouping using FL-RR() Method ~ $ $0 per sample Pr~Jec# Adt~~n~str~ti®rt n€~ l~~~ttrt l~r~palr~~kat~: f}ata analysis and project administration by Project Manager. 94 hour(s) ~ $BBlhaur • Report preparation by 1='raject Manager. Report review by Professional Engineer. t hot~r(s} ~ $t~Olhaur $1,t20.Qf~ $ 950.gt~ $ t 5d.©Q ~~tir~at~cl T~~R lure Atvaounl` $13,~~t7.Ot3 Fear the purpose of this project, the entity listed below will be known as the client. The client is expected to furnish NEF with full information as to the client's specific requirements. The client is expected to provide NEF with existing environmental data and other infarrrtation related to the subject property, such as previous erlviresnrnental reports and recent sketci~es of survey to assist us in report preparation. The Scope of Work and Pee Amount listed above and the General Terrrls and Conditions, consis#ing of one attachment, represent the entire agreement between the client and NEF with respect to the praject. tt should be Hated that NEF will not be able to initiate the project until the required information is received, thus resulting in corresponding delays to the praject delivery due date. If this satisfactorily rrteets your needs, please sign and return the same to f~EF, along with the deposit specified in the General Terms and Condi#ians and this will serve as our autharizatian to proceed. We lank fanuard to providing these prafessianai environrrten#ai services to your firm. Far further information regarding our corrtpany`s qualifications and experience, please refer to our World Wide Web page at www.nuttingengineers.cam or contact the undersigned at your convenience. Sincerely, Accepted th"Is day cat NU t-riNG ENVIRONMENTAL t3F FL(7Rt©A, INC. P,y: Sarah DeHart Title: Project Manager Filename: old Library Site TCAR qt 5-~i-g6 2GCt5 ey: _... {"client") Title: Spsaalfic Terms and Gnrulitions i:or the purpose or khis pro}eC#, the addressee of this proposal wiEi tse known as the Client. Ftte client is e%peCtetl t€1 famish NUTTtN~i with fu21 wririan information as Ga khe client's andlor lender's specifsc report requirements prior to BxeCUting this agreement. The Client is expected tb provide Nt1TTING with existing environmental daLalrepnrfs and other information related to the subiect property, sacr+ as recent sketches of survey to assist us in report preparation. Specific information required by NUTTING In order to commenoa the Phase I Environmenkal Property Assessment process Is dgtailtl0 in tine attachezi praject tnfarmatian Checklist. tyetivery -Two copies of the final report wilt be ava'slable within t30 Clays afi receipt of written authorization to proceed and deposit unless other arrangements are agr~±ed to in writing. Addittar~al report copies aan tae pravtded for a namirrai fee to the Client. A€uTriNG ENVrrtCrNnnE=YJTAL DE F~ORioA, INC. (NUTTtPdCj will exercise appropriate measures to ensure project completion within the agreed upon time frame. However, NUTT3htG will Hal 6e held responsible far unavailability of necessary proj~;ct data within the time frame agreed apart far the investigation, praject delivery may be decayed if fps EN1'1F:E signed proposal and deposit are opt received in a timely manner. The EN~'IRE signed quotation should be returned slang with the r9quired praject infarmatian listed an the Project Information Gheck!ist abcsve. Unsigned proposal valid for 60 days. Payment - 50°/° depastt regralred with signed ayrgement Balance due upon delivery of report. Interest at the rate of 18% per annum from 3Q days after date of invoice to date payment is received wilt he added to all amounts not paid within 34 days after date of invoice. to the event that any law limiting the amount of its#erest or other vtearges permitted to be collected is interpreted so that this ci7arge violates such law frsr arty reason, the interest t~ro}se-~at frar: r3eirz3y ~el3ch t~ag~ 4 ofi 6 hRay 21, 2{108 13117 iVeptune t]riva * Boynton Beach, FL 33426 Boynton Beach (561) 732-7200 • Pompano l3eas;tl(954) 782-72t3Q • MiamiJDade {3flbj 858-0981 =Fax (5fi1) 737-9975 charge is hereby reduced to the extent necessary to ettinate such viadatian. All attorney fees and expenses associated wins caliection of pest due invgiCes will t7e paid by Client, General Terms and Conditions irasurartse T NLfTTING maintains WarKers' Gampensatian and Employer's l.sability Insurance in conformance with state taw, !n additfart, ewe maintain Comprehensive General Liability fnsuranCB antl AutomabJle Liability Insurance with bodily injury limits of $t,{A0,044.4D and property damage limits of $f ,D00,9D0.4D. A certificate pf insurance can be supplied evidenceg such cave:age which contains a clause providing that fifteen days written notice be given prior to raiicellatian. Rfgirt-of-Entry - finless othervrise agreed, Client wilt famish right-of~niry on the praperiy for N~stting is make the punned borings, surveys, andlor explaratitms. NEF will take reasonable precautions to minimize damage b the property caused by ifs equipment and sampling procedures, bui the cost of restnrason or damage which may result from the planned r~perations is not incuded ir5 the conkraCted amount. If Client desires iq restpr4 the property tp Its former condition, NEF vrrtt accomplish this and add kite cost io its fee. page to Existing Ellen-oracle fJbjea#s - It shall be the responsibility of the r3wner or his only ar3tharized representative to dtsCfoSe the presence and acauraie Ipcafiorl of all hidden nr obscure man-made objects reiaUve to field tests, sampling, ar boring locatons. Wiren cautioned, advised or given data in writing that reveal ttre presence ^r potential presence of underground nr over-grou€rd ohstnrctions, such as atilt#ies, NEF will give spataal inst€uctions to its frelti personnel. Rs evidenced by your acoeptanpe pf this proppsai, Client agrees tp indemnify and save harmless NEF firom ail Gaims, suits, lasses, personal injuries, tleattr and propei'ry Iisbility resuitirrg from unusual subsurface ~nditions or damages io subsurface structures, awned by Client ar khird parses, occurring in the performance of the proposed wi)ric, whose presence and exact locations were rcpt rgvBaletl t4 Nukpng in writing, and to reimburse Nutting for expenses ire connection witfi any such claims Or suits, inGud:ng reasonable attOmey's fees. Nutting will attempt t4 clear utlilties at our exCavatiprtttest lrxatkrns by manual drfrying to 3' tseiow land surface {@LS). Ramage to any usli€iesrnbstructions present at client specifred test i~aUons ar below 3' 6L5 will be the respnnsibility+ of the client. ifrfarrarrty a»d i.itnitaifan of Liabifiiy - Nuttng shall pertorm services tar Client in a professional manner, using that degree of tiara and skill ordinarily exercised by and tbnsistant with the Standards ofi competent consultants practicing in the same nr a similar locality as the project. In the event any portion of bra services tally W Carnp'ry with this warranty Obligation and Nutting is promptly no6fred in writing prior tp One year altar Compietinn of such portion of the services, NUTTING will re-perform such portion Of the services, ar it re-partarmance is impracticable, Nutting udll refund the amount of cpmpensatipn paid io Nutting fnr suet; portion of the sarviees. This warranty is in lieu of ai€ other warcanses. Na other warranty, expressed or implied, including warranties of mtrrchantab"silty and fitness for a particular purpose is made or intended by the proposal for consulting services, by furnishing an Rral response pf ttre Endings made ar by any representations made regarding the sarviCaS included in this agreement in na event shall Nutting ar any Of its professional employees ba liable far any special, indirect, ingdental pr consequential keys or damages, including but net Iltnited to impact and delay calms The remedies sat Earth herein are exclusive and the total liability of consultant whether in contract, tart {including negligence whether sole ar noncurrent), ar pthervrise arising out nf, cpnnepted with or resulting ftnm €he services provided pursuant to this Agreement shall not exceed the total fees paid bS' Client pr S50,0t14.4D, whichever is greater. At addisanai cost, Client may obtain a higher limit prior to CpmmanC~rRBnC 4f services. For services involving or relating to pollution, it is further agreed that the Client shall indemnirfy and tepid harmless Nutting and their cnnsustanis, agents and empiayees from and against all claims, damages, losses and expenses, direct and indite-ct or consequential damages, including bui not limited to fees and Charges of attorneys and court and arbitration posts, arising nut of ar resulting tram the perftrnnance of the work by Nutting, or claims against Nutting arising from fire work of ethers. This indemnification pmviston extends to claims against Nutting which arise out of, are related to, ar are based upott, the disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic chemicals, liquids, gases ar any a#her material, irritant, contaminant pr pollutarr# in ar into the atmosphere or on, onto, upon, in or into tf;e surface or subsurface. Sampling or Textmg -Unless spc:dfi€raliy stated to file contrary, the unit fees included in this proposal do not Include costs assr~iated with prof~sionai land surueying Rf the site or the aaCUrate nprizpntat aztd veriFcal tacatinns pf tests. Field tests or tbring torafions desRribed In our report or shown on nur sketdres arse teased an specific infarrna€ion famished to us by others ar estimates made in the field by our t~hnicians. Saco dimensions, depths or elevations should be considered as appraadmasans unless otherwise slated in the report. It is understand that all drirying locations are accessible to canverttianat truck mounted drilling equipment unless otherwise specified by the clir'rrt. NEF wilt notify Itre i~rdergraund utility IpCasng service Sunshine Slate t7na GaE of Fkrrida, Inc. at Igasi A8 hours prior to mobilizing to the site W locate underground utilities Field invesHgatien, including drilling antl Sampling operations will be canducfed by dSHA (rained per9prrrrei ire acciardance with 29 C,fR 19tC1.12D. PJI herd testing performed as a part of the scope pf work of this invagiigation wiry be Conducted in general apcordan~a with 1=lortda t]epartment of Enviraninental Protection {FDEP) Standard Operating Procedures (541ta) for- Field Rctivifias (OEP-SLIP-OOtlCii), Field quality control samples will not bs Cplleated and analyzed as part of the assessment, thereby limfting the Baia vatidafion process, The Phase II data provided will be carsidered suffxtieni for preliminary purposes only. Sarnpfe Handling and fie#erstian - Gerreraliy test samples of specimens are apnsumed andlar substanGaily altered during the Conduct of tests and Nutting, at its sole discretinrr, will dispose (subject to the following) pf any remaining residue immediately upon completion pf test unless required in writing by the Client to score ar otherwise Kandla the samples. (a) NQN HAZARUflUS SAAfPLES- Ai Ciieni's written request, Nutting will maintain preservable lest samples and specimens pr the residue theta (rpm tar Yhirty (30) days aRer submission of Notting`s report io Ghent free of storage charges, Rfiar ttre initial 3D days and upon writ#an request, Nutting wilt retain last specimens or samples far a mutually acceptable storage charge and period nE time. (b) Hf4ZARDt}US OR PQTENTiRi.LY HRZARD[3US SAMPLES: In the event that samples contain substances a cansstuents hazardous or detrimental to human health, safety or ttra environment as defined by federal, state or beat statues, regulations, or ordinances {"Hazardous Substances" and "Hazardous Constituents", respectively), Nutting will, after completion of lasting and ai Client's expense: (i) return such samples to Cliesnt; (ii) using a manifest signed by Client as generator, will have such samples transported to a lncason selected by Client fnr final disposal. Client agrees to pay aH costs associated with the storage, transport, and dlspasal of such samples. Client recognizes and agrees that iJutting is acting as a bailee and at no time does Nutting assume Yitle of said waste. DIWRRYety of tinar>xictpat8d Hazardous hflaterlals - Hazardous materials or certain types of hazardous materials may exist a# a site iwfrere. there is na reason to taelieve they aouid or should be present, Nutting and Cilent agree that the discovery of unanticipated hazardous materials consti~ies a changed cwrdiflon mandating a r~negatiation of the scope of work nr terminason of services, Nutting and Client also agree that Etta diswvery of unarrticipatad hazardous materials cony make it necessary fiat Hutting to take immediate measures to protect health and safety. Nutting agrees to parity Glieni as soon as praOticabk; should unanticipated hazardous materials ar suspeded hazardous materials be encountered. Cllen# encourages Nutting to take any and all measures that, to Notting`s professional apinian, are justified to preserve antl profept fhe Health antl safety of Notting's personnel and the public. Cilent agrees to compensate Nutting for the addltlonat cost of working to protest employees' and the public's health and safety, In addition, Client waives any claim against Nutting, and agrees is defend, indemnify and save Nutting hartttless from any ciatrn or liabi€ity for injury or lass arising from Notting's discovery of unanscipatad hazardous materials or suspected hazardous materials. Client also agrees to apmpensaie Nutting for any time spent and expenses incurred by Nut#iag in defense Rf any such claim., with such cpmpensa#ion to be based upon Nutitng's prevailing fee schedule and expense reimbursetrenY policy relative io recovery pf direL'l project costs. JrtiEnt an[E Several Ltabitiry - The concept of joint and several liability is basically this: When two or more parties are ecansidered responsible for causing injury or damage, any one of the parties may be made ha provide aampensason for as much aS 1flD°k of the damages assessed. When applied to hazardous materials projects, it is possible ttrat the CRrrCBpt of jolsrt and several liability could tre construed tR irt8k4 Nutting partly Or wholly responsible for damages Created direCfly pr indirectly by the hazardous matsriafa. Glieni agrees that tt would be unfair for Butting b be exposed to such an action, because Nutting had nothing w:rafsoever to do with the Creation of rite hazardous cpndiiion. Rccordingly: Glieni waives any claim against Nuttirsg, and agrees to tlefend, indanrnify and save Nutting harmless from any claim or liability far injury ar #oss arising from apptiCatian pf a joint acrd several liablity Concept that would, in any rnannar, hold a< seek to hntd Nutting responsive tar creating a hazardous condition ar perrrritting vne tp exist. Client also agrees to compensate Nutting far any time spent and ex~nses Incurred trY Nistting in defense pf any suet claim, with such cpmpensasan to he based upon Notting`s prevailing fee satretluie and expense reimbursement policy relative f4 reaavery pf direct project posts. Legal Jurtsdtctian -The parses agree that any actions brought to enforce any pravi5€pn pf this Agreement strati only ba brought in a court ~ cpmpeteni jurisdiction lo:ated in Palrrt beach County, Florida. FOrCe Nfiji3erre - Nuttng shall oat be held r>rsponsib{e for arty delay or failure in periprmance Of any part of fhi5 Rgreament to the exfent such delay car failure is caused by fire, flood, eacplosion, was, strike, ernbargp, gaverrnarent requirement, civil ar military authorrfy, eats of God, act or Omisslan of subcontractors, carriers, client or ether similar causes beyond its Control. Crocuments • Nt1TTING shall be enfrsed to rely open the accuracy and completeness of all surveys, reports and information TurnisheC€ by the cEent, if contlitionS different From chase descrltred in nur report are found at the site, i4UTTtNG should be natifiad to writing immediately upon discovery. NttTTtNG reserves the right to revise Contusions and reROmmendasons presented in the final report should additional information regarding the project become available. Rli permits will be obtained by oth®rs unless atJrerwise Propt~ssf fir: C~Iray Berd~h Page S t~f B May 2'S, 20U8 1310 Nepturse C7rive • Boyrltort Beach, FL 33426 Boynton Beach (561) 73~-72130 • Pompano Beach (954) 782-7200 • l~lfiarrri/Dade (3Ci5) 658-0961 • Fax (561 } 737-9975 specified in this propasai ar in vr'IHng to NUTTING. NttT1'ING will endsavar is idant3ly reoagnfzad envfronmeniai aonditfons (FiC}, so tha best of our ability and limitattor~s at the time of tha shady, in Ilmtted accordance with aspects of ASTf~ Practfne E-1527 and tfse tun'ant Ipaaf standard of care ter such studies,. The identification of pl~Cs wilt be made safely upon fire intorma#ivn t4eveioped and viewed try NUFTINQ In this study and specific State ni irinrida er+vironmental regulations apptiaable and known a3 the time of this study. NtaTttNG I3as na liability Oar consequene:es of Isafarmatian not prouided ar~ unavaiiable or afharwise not reviewed nr krxaacm tram tfre normal sources custornariiy examined b3+ NU7TtNfa in such investigatfcros wttttir, ihQ time framQ aiioweti for this inuestigat}an under this agreement. prespcssad fat: ~e9ray Beaeh F'~'~ 6 txf 6 May 29, 2~U8 i 3f t~ hiepfune ~lri~e ~ Boynfon Seach, FL 33426 8ayn#o~l Bt~ach (561) 732-7200 • Pompano beach X854) 782-720{1 * M''€arni/i7ade (3f15) $58-098 • Fax (561) 737-9975 ~ T ~® Q a f or' r t..;;aciir~rc~ 'rrt~ra Le~~~ir~rx ~t~.r~ Y. _ ~- _ --~ ~;,airc~r,a~en8al = Cea#eoh~iic~t ~ CortsCru,,.<~r$ w,~t~r-~ wing 6~7tts~~*sFt~~~s ~,, ~ ,~~ai 1n~~,~ Aran, • ~' ~n Rc~,..w .. i:ie.c_ ~..~ ~C.a6_ c~ ~~C~J~GT A~`HC~Ri~~T1C~ J~€n~ ~, ~C3~~ (~1r. i~~~~~1 ~. B~Il~~ter~. ~~pr~trf ~~ir^ca~~ cif ~r~ru~tic~ Ci ~y cif C3~ f ray ~e~~i^€ ~G~C3 i~l~rthv+i~st ,i~~~~fer~~e DIr~y B~~c i~~rid~ ~3G-4- ~T~~ C31d Li~r~r~IChrnl~~r caf ~~€~rr~~r~e ?ri<ij~g ~~ S~ t Av~~au~ Delray g~a~h; ~~ri~ bear (dir. E~alfst~r~o ~ reestet~, ~'~ lrit~rr~~~ics~l, [rec. (~i=~1~ is P[~~~d to s€abr~~r~i ~ i ~:~ scci~ ~f ~rv~r{c at~cf east pr~ps~sai ~~ p~~r-}~rm l~r~~rr~ur~ci ~t~~`ag~ T~r~it ~I~s~~~-~ afi tf~e a~y~~~~-re~rer~cd site. T~ r~riC ~,riil ~ erfc~rrr~r:r_! ire acc~rdar~ce v~riil ~i:1 i~''~r:ida a~~rt~r~it oaf ~~i~an~enta! I~r~tecticr~'s (FL~~'~ C;F~ ,~.tr?rs ~~i~6~ i=i~rie~, ~~~~~i ~,:~tr-.~tiv~ ~c~de ~'~~~ a~c~ ~i~ater2~7~, C~r~v~ffi~ic~~ ~I~~~ ~~~~ai~ 4,~1e, ~~ a~:e ~i' =,,.,:~~ic~bie ~'G~' ~a~~ard ~per~tir~t. Prace~i~ares ~r~d r~er,r~cii;~r~. ~ limited crr~rrc~car~d stc~rac~a tank (i1.IT~ inve~tigatiort was cc~r~d~ ~ ~~ti~ _1t ti~~ sutaj~cf pr~ertY ~r~ ,~~~ii ~; '~fl8. I~sed erg ti're results if ~,~~~ discaveret~ that LJS`E, ppr~sximatei 6 eafi idr~~ rt~rith ~ dia~etr ref ~ feet, ~nrifi~ ari ar~r~imate v~l~m cif ~ ,f~ allor~s, is It~catact i~e~eafi~ tyre ~ ->}-~h~i~ surf~~ ~sf fhe ~arc~p~rty. ~ r~t~ective i~ t~ r~~c~v~ t~ tank-fie~-r~~ ti~~ site in aceordartc~ cif ail fedr~I, state artd f~ca'I Ives iaie~ aid gt~iciel'ine~s ~~ d~cicfili ti't excavation witf~ ci~ar~ fi[1 Ire any-f€~c~t lifts. ~,?aNc~ rJrier~ a ~tv~ray ~c~, ~Iorid~ , 3 ~4 ~ ~~~'dj ;3~7-~1~?~ (56~} ~9~-~~C" (i'eaxj a}v~ t agf~.tsarr`r ~E_^~,~ ~Ef~~Fi ~ ~Ca~ ~ ~ ;~. , , ,~ ~ , iaa~ ~~~~~s a Jac , ri~i_c ~ C~~z~ .,,~cici ~ S'rta~~r~ r GFAIr~t~r~'t~c~tior~i~J,;~~, 3, ~C~~1~' Ur,r~er~rr~crr~c~'Str~ra~~ ~arrtcCslc~~~rre~ F'rn~r,~s~a! ~ {;S-flta'!2.E r; ~~ ~- t7icr` l..tl~r ~~r~r F~iri~.r'r~ci €.rat' r~~ge 2crr:~ Provide F'a1~n oa~f~ ~oi~ty ermifi as require (cost of a~,y ~it~ of Qeiray ~oaci permits riot ir~cfud~c~; IViobilize necess~ ersonnei and eauipenf is site; avv cr~# aspl~ait aid dis{aose ~~; ~secauate to tank toy; Gain arceSS t~ tanf< t~s ispoet for a~ ict~i~is; degas Tank; ffi hut, rie~an an~i diS~c~se o~ tank; iaclcili ~r~~atic~n argil cor~act wl[~3 clown fifl €i~ ~` iifts to gr~d~, {r~pvir~c~ is riot inc~ld~~; Prrav~de f=nvirorirr~tl ~~ientist to screen soil with €"r~; Gt~[ie~t up to seven ~7) saii sar~pies trorn tar~fz excr~atior~ v~alis are ottorn anc~ bra a~Y other ider~ti~ied dills er ~a~lerrc~u iinc~; ® lr~~tall one ~1) gro'r~a~~r rnonitorir~g well in oenter of laaclc~il(ed excavafion. ~olf~ct ore (1 } toundwater s~rrm~le ~r~m groundwater ~c~nitoring well; i~eliver alf ss~ii ~rtd rour~dwater sa~plS to ar~ljrtiai l~i~orafory under proper chain4cf- custody prc~iocal fc~r analyi~ using tl~e Ker~;~~~r~u ~r~alykica Group; g Prepare ~ Tank Closure lep~srt ~~~1~} as laer Cf~tapt~r ~i2-671; pert ~s be revie~~ted; signed anr[ sealed. ~y a Prc~eSSiortal Geiogist or ~n~ineer, ~f=~ In€~.rrr~rtion~f __,Jut~c :~, 2~J(1E3 ~'r-~p©s~f ~ 0~3-Qf~12:~fuV - Ulf Li~!~r-~r~y f~rrr'litrr~:~.nt Lncler-gr-aur ~c~ ~tc3r-~rr~~ 7 arrk Closure P~~e~ 3 c~,`3 l~tul r ~~d ~r t~cau~~~r c~r~~~i ~r~ ~~~;~_~~.~.~~s~z~~~=~-~ E-:~ ~~c~i~ri~ ~r~if H - Liar ~quipr~t~~ apera~©r ~nvi~`~r~rrian~i ~~ientsi: (rajec~ ~Jl~~i~gar [~ra~. ~i^ir~~~ar ar G~ala~i (~abiii:.~~it~r~ ~~ck ii~a ~~,m~r~c~ar Camp~ci~on Tastir?g Fili ~ii~ulir~g C~iaai ~/~cuurn Truck. ~urrap truck aper~ar F~~i`rc~iaum cor~arr€in~i:e~ er ~i~~l pump c~u~ i-d~~r~a~ iud~ asf~ Cl~ar~c~eriztian l~rsi~r~ic~i ~;~i o4J~,'i~iou r ;~~;~ ~.~Olhaur ~:~5.~~fhaur ~O.D~~~raur 3vEi.00 5~,Q(~~1 $ O,~l~~i~um~ hum 30.{}~Pl~~r ~ ~ .~?~~EY~res Q.O~I~'~rc~ $ `~~:~C~fN~ur ~;~.;,r rr~inimuri) ~ ~~:~t~f~c~ur ~f;~ k,_ minimurr~~ ~ 0.9~/IEart ~ 2..~~ per I. ~~.t~~l I. i~rum 6.~~ per ~~pi~ l~ you wi us ~u prr~ceed viti't t~ ~rark prapa~~ ~~~r pfe~s h~va ~ ~~rtha~iec r~pre~a~~t€va ~ ~,,ar~~ibEa f~ pm~:~t sign c~~ t~ Failov~~ir~g pace;. ~ rapr~cia~e the appari~nify t~ ~: a~ ~ar~riae fa yat~ r~ iaal< Faar to car~tiue ~rarki€~c~ i~~t tau an iii praj~ct. ff ycau a~a ~~y uaiar~s r~~rinc~ hip praposl, pie<sa cc~~~~ct our affice<~ a ~~~ } 347~~07~. Rer~pec~~ui€~~:~~ ~ui~mi~tad, `~ ~' r~virani~ei ~{i ~~pa~~~e~ Mr~~er ~ ~ ` ~ ~~ E~ ~ ~ ~~ amity . farnar. M.. ~'ra~ect l~i~r~ger ~~ 't "~ nb r;:~s_.F.:P i~lT~t~.. ~C9F~~I~CT SI~"~. ~esc~itic~n ~f ~r~ics: ~'rje~{ erne: ~rc~j~ct L~c:~it~n; ~:,-~~~~,,f ~a~e: (.~I~ ibr~ryiCharnber of ~c~mtTrece f~riting L.ot Ur~der"gr~nd ~f~r~~ ~~ni~ Clr~sfare c~i i,il~rry/Charmer of ~c~rnm~rce p~rir~g i~t ~~ ~~h ~v~n~€e, ~3ei~a~ each, 'i~a~da 'CAB-~~~12,~N'~I ~€~ne ~, 2~~3~ '~~. ~Y~T ~ ~~ a =svy frrt~c~ices miff l.~e c~rar~~d aid rra~ilca to tha ~er;~urrt of° Mr. Gael ~. BIle~iir~ ~~;p~.~~~ ~ii'~ctflr o~ Cc~n~trti~n ~..i,~ ~a~ C3~lr~y. e~a~h ~ Cl~ I~t~t~hwest 1 ~~ ~~~eriu~ ~7~Iray B~ac, ~[c~r:da 34~ ~r~~a ~~ ~3, pie ~~i~~~°~~~.r~~ ~ ~.r.._LL F~d~~r~l i~ A~iTi:i~l~iZ~e~ afGf~li~T'Li~ir=: ~~i~ ~ TlTiw.~: ![r.. F<a~ael ~. ~a~l~tr~ G °~~-'~ ~'~~»~~ k ~t~~~`~ li•€voic~s far carrm~l~te:d vvt~r lrvill b~ issr~~d ~v~ry rne~nth 1"csi" ~orrtin~c~us a ext~nd:~d prt7J'CtS t.11'1;L5`<=~ C;fI:;+~C'Ni~~ r~~rLP,t~. PiT'~ ~,jitr~~ i'~ ;E~lTiFl~'1~ ~i~ c~th~:r than al~~u~~ ~~~: T~i~phorae: F~: l~FA int~rttatitsrr~! (GI=R) raserv~s tine r"rgilt to antithhc~f~ all r~parts urtfiil suUh time as v~re r~ceiue a sigr~ad F'~apas~l A.cceptarsc~ A,~reernrit or athr vuritter~ a~€th~ari~atidn re€erMncir~ this in its entiraty. This P~Gi~E"">w[~l`iT, the prca~osai ane# tern~;s anei donditions er~nstitr~t~ tl~e entire ac~rec~m~r?t l~atw~dri the eiier~t ar~d ~FA~ and s~c~ars~de all ~r'ror'vwi'itl~rr sar ~rr~ri €ar~rclerstaiic4in~. Pieria n.at~ fhat ~ar•icirrc~ i~ vet fear ~ ta~rica~i of ni~ty ~~~~ d~:~s f~c~ p~v:peasi fat. The al~ave sigr~~d, having foil le~l auti~odiy tca iair~~t thr;: CI€~;nt identified in t€e fdre~oinc~ E~raasa! €~~reen•rent, hers react the tdreyoir~g i'ropos~l A.c~ream~rit and hereby agrees to all oaf the ferrns-and condit'rans cc~nt~.Ined in GFA'.s Standard Terms and Gonditic;ns a€°; ~~i"reci hc;retc as Fxl~ii~it "fii'' which ara incc~rpar~,ted herein byf reference as a f€~ndarrre;atal anc4 r~atet`iai turf cif the ~€~_~:;as~l ~ie~r~rrrer~t. The Cli~rrt agrees and a€nderstands that GSA's Standard Tern7s and ~onitios have bean established in idre~e maasure to ~siPocaf~ tartan risks hatween Client and Gr~R; and Gi~P viii rrat initiate s~rvica ~lifhar.rt ~liergts axet;utian I~~lcavd agreeing fia the terms of the Pro~osai Agreet~enf and ti'~e Sta€~darci Terms and Cc~nciitions and ather tern~€s and cfanwiiti.ca€~s set fearti~ in this Ac~reerr~ent. EXHIBIT "A'• GFA IfVTER[VATIOIVAL, I[~C.'S STAIVa/lRCD TERMS AND GON131TIOI~S Er~vlranmental Site Assessments 1. Acceptance of Agreement Client specifically agrees that These Standard Terms and Conditions shall be binding nn the parties. Capitalized terms not otherwise defined in those Standard Terms and Conditions shall have the meaning assigned to such terms in the Proposal Rgreement. Client understands that an Environmental Site Assessment is conducted solely to permit GFA to render a professiana[ opinion about the likelihood or extent of regulated contaminants being present nn, in, nr beneath the site in question at the time services were aanducted. Na matter how thorough an Environmental Site Assessment study may be, findings derived frnm its conduct are limiked and GFA cannot know ar state for an absniute fact tt€at a site is unaffected by ropnrtabie quantities of regulated contaminants. Furthermore, even if GFR believes that reportable quantities of regulated contaminants are not present, Client still boars the risk that such contaminants maybe present or may migrate #o the site after the study is complete. 2. AS FM Standards. The American Society for Testing and Materials (ASTM) has developed a variety of prescriptive prnfessianal practice standards (standard practices and standard guides), chat identify specific methods professionals could or should use to attain results. Such prescriptive professional practice standards fail to consider the unique needs of a Client, the Glient's prnject-specifid expedtatians, or the requirements and obligations of the pratessionals engaged to provide service, nor do They consider mare effectsve techniques that may have been developed subsequent to the issuance of such standards. These ASTM standards are generic and general in nature and, therefore, da riot constitute, nor era they tantamount to the applicable standard of care, which necessarily is defined and must consider project-spedifid cantractuai terms and other particular nerds, expectations, circumstances, and requirements of the project and the professional engagement. As such, adherence to ASTM's prescriptive professional practice standards may not be appropriate or in the best interests of the Client or the project GFA's instruments of service. 3. Maintenance at i'rofessionai Standards and Efhfcs. The Client recognizes that GFR's services in all eases must be rendered in accordance with prevailing professional standards and ethics. Services performed by GFA under this Agreement will be conducted in a manner consistent with the level of dare and skill standard to the Indus#ry under similarnnnditinns. NO OTHER vUARRANTY EXPRESSED OR IMPLIED IS fYiAt?E. 3f a situafian emerges that causes Gl"A to believe cnmpliande with the Client's wishes could result in GFA violating an applicable provision or aspect of professional standards, or ethics, Taws of regulatinns, Gt=A shall so advise the Client. The Client and GFA shall immediately enter into discussions to arrive at a mutually satisfactory solution. Failing achievement of a snl alien, either party may terminate this Agreement in accordance with the termination provisions stated herein. 4. Compliance vritla Codes and Standards. GFA shall exercise due and reasonable care in observing those federal, state and tonal ender, standards, statutes, and regulatinns applicable at the time GFA prepared the scope of servines included in this Agreement. In the event that GFA becomes aware of any changes in such codes, standards, statutes, nr regulations, and if GFA believes such changes affect GFA's services, GFA shall inform Client of such changes and the impadt abiding by them may have on services already performed ar to be performed, the fees and casts involved, and scheduling. If either Client arGFA believes a change requires renegatiatians of this Agreement both Client and GFA shat! bargain promptly and in good faith. If a renegotiated Agreement cannot tae developed, Client shall give GFA the right to terminate this Agreement without penalty. In any event, Giient shall, to the fullest extent permitted by law, waive any claim against GFA, and indemnify, defend, and hold GFA harmless from any claim or liability for injury nr loss arising from CFA's alleged failure to abide by federal, state ar local codes, standards, statutes, ar regulations that were not in effect or publicly announced at the time GFA otherwise would have incorporated their intent into GFA's services. Client shall also compensate GFA for any time spent or expenses incurred by GFA in defense of any sunh claim. Such compensation shall be based upon GFA's prevailing fee schedule and expense reimbursement policy. The term "any clairci` used in this provision means "any claim in contract, tort, or statute aEleging negligence, errors, omissions, strict liability, statutory liability, breach of contract, breach or warranty, negligent misrepresentation, or other acts giving rise to liability."J 5. Buried Utilities. Client will fumish to GFA in#ormation identifying the type and location of utility lines and ether man-made objects beneath the Site's surface. GFA wilt take reasorsabla precautions to avoid damaging these man-made objects by preparing, prior to penetrating the Site's surface, a subsurface sketch indicating the iodations intended far penetrations and, as per infnrmatinn provided to GFA, the locations of buried utility lines and other buried man-made objects. Client will review the sketch and approve the intended penetration Incatinns before penetrations are made. In addition, Client shall, to the fullest extent permitted by law, waive any claim against GFA, and indemnify, defend, and hold GFA harmless from any claim of liability for injury or lass arising from damage to or contact with buried utility lines or other busied man- made objects that were not called to GFA`s attention or which were eat properly located on drawings furnished ka GFA. Ghent shall also compensate GFA for any time spent or expenses incurred by GFA in defense of any such claim. Such cnmpensation shall be based upon GFA's pr~:vailing fee schedule and expense reimbursement policy. The term "any claim" used in L'nis provision means "any claim in contract, tnrt, ar s#atute alleging negligence, errors, omissions, strict liability, statutnry liabi#ity, breach of contract, breach of warranty, negligent misrepresentation, or other acts giving rise to liability.") S. Disposal of Contaminated Sutasfances (including samples). Ail substances an, in, ar under C1ienYs site, or obtained from Client's site as samples or as byproducts of the sampling process, are Clients property. Unless Client directs otherwise, GFA shall dispose of all nonhazardous samples and sampling process byproducts in accardancewithapplicable law. Unless other arrangements are mutually agreed upon in writing, nr unless otherwise required, GFA shall preserve samples far no longer than fifteen (15) calendar days after GFA's issuance to the Client of the initial instrument of service that relates data obtained from them. If in GFA's opinion any of these samples are or may be affected by a regulated contaminant, GFA shall package such samples in accordance with applicable law, and Client shall arrange far lawful disposal procedures, that is, procedures to remove the samples from GFA's custody and transport them to a disposal site. However, any samples nr sampling process byproducts that are nr are assumed to be affected lay regulated contaminants shall be packaged fay GFA in accordance with applicable law, and they shall be turned aver to Client. GI=A shall not under this Agreement arcange for, or otherwise dispose of, substances affected by regulated contaminants. GFA will, at Client's request, help Client identify appropriate alternatives for off-site treatment, storage or disposal of such substances, but GFA shall not make any independent determination about the selection of a treatment, storage or disposal fanility, nor will GFA subcontract such activities through transporters or others. Client shall sign all manifests for The disposal of substances affected by regulated contaminants. However, if Client directs GFA, CFA's employees, ar GFR's agent to sign such manifests andlor to hire for Client a contractor to transport, treat, nr dispose of the contaminated substances, Consultant shall da sa only as Client's agent (notwithstanding any other provision of this Agreement to the contrary) so that GFA shall not be considered a generator, transporter or disposer of materials affected by regulated contaminants. Because involvement with Created 5116105 Revised 11/19/07 Client's contaminated samples can expose GFA to severe risks, Client shall, to the fullest extent permitted by law, waive any claim against GFA, and indemnify, defend, and hold GFA harmless from any claim nr liability for injury ar loss allegedly arising from CFA's containing, labeling, transporting, testing, storing, ar other handling of Client's contaminated samples. Client also shall compensate GFA for any time spent or expenses incurred by GFA in defense of any such claim (the term "any claim" means "any claim in contract, tort nr statute alleging negligence, errors, omissions, strict liability, statutory Lability, breach of contract, breach of warren#y, negligent misrepresentation or other acts giving rise to liability"). Such compensation shall be based-upon CFA's prevailing lea schedule and expense reimbursement policy. 7. Aquifer Cross-Contamination. Sampling may result in unavoidable cross-contamination of certain subsurface areas, as when a probe or boring device moves through a contaminated zone and links it to an aquifer, underground stream, or other hydrous body not previously contaminated. Because GFA is powerless to totally eiimina#e the risk despite use of due care, and because sampling is an essential element of CFA's services indicated herein, Client shall, to the fullest extent pemitted by law, waive any claim against GFA, and indemnify, defend, and bald GFA harmless from any claim or liability #or injury ar loss arising from cross-contamination allegedly caused by CFA's sampling. Client snail also compensate GFA for any time spent nr expenses incurred by GFA in defense of any such claim. Such compensation shall be based upon CFA's prevailing fee schedule and expense reimbursement policy. (The farm "any claim° used in this provis"tan means "any claim in contract, tort, or statute alleging negligence, errors, omissions, strict liability, statutory liability, breach of contract, breach of warranty, negligent misrepresentation, or other acts giving rise to liability."} 8. ClienNs C,'esponslbillties. The Client shall provide alE criteria and full information as to Client's requirements for the project; designate any persons to act with authority of Client; examine and respond promptly to CFA's submissions; and give prompt written entice to GFA whenever a dnfent in work has been noted. The Client will provide for the right of entry to a!law GFA to complete the work. lPlhile GFA will take reasonable precautions to minimize any damage to the Site, it is understood by Client that in the normal course of work some damage may occur, the correction of which is not part of this agreement. The Client shall be responsible for payment nt all fees in connection with this project. 9. Atteratlon of Instruments of Service. Client agrees that designs, plans, specifrcatians, reports, proposals and similar documents prepared by GFA are instnuments of pro#essional service and, as such, na matter who owns or uses them, they may not under any circumstances be altered by any panty except GFA. C#ient warrants that CFA's instruments of service will be used only and exactly as submitted by GFA, Accordingly, Client shall waive any claim against GFA, and shall, to the fullest extent permitted bylaw, indemnify, defend, and bald GFA harmless from any claim or liability for injury nr Inss arising from unauthorized al#eration of CFA's instruments of service. Client also shall compensate GFA for any time spent or expanses incurred by GFA in defense of any such claim {the term "any claim" means "any claim in contract, tart nr statute alleging negligence, errors, omissions, strict liability, statutory liability, breach of contract, breanh of warranty, negligent misrepresentation or other acts giving rise to liability"). Such compensation shall be based upon CFA's prevailing fee schedule and expense reimbursement policy. 9D. lnvolces, Reltnbursab(e Expenses and .Escalation of Fees a. Invoices. GFA will submit invoices to Client monthly on CFA's standard invoice form, terms net thirty {30) days. Partially completed items nt work for which a fee has been specified maybe billed based upon percentage of oompiefion as estimated by GFA, otherwise, invoices will be based upon CFA's Schedule of Standard Hourly Rates in e€fect at the time the work is performed. Past due balances are subject to interest of 1.5 percent per month, or the maximum permitted by state law, whichever is less. GFA, after giving seven (7) days written notice, may suspend services under any Agreement until all past due accounts, including applicable interest, have been paid. In the event that the invoice is not paid voluntarily and promptly by Client, and must be referred to an attorney nr agent for collection, the Client agrees to pay to GFA, CFA's reasonable collection and attorney's tee. b. l7elmbursable Expenses. Reimbursable expenses, those outside of the scope of the proposed services, are charged to the Client at cost plus ten (70} percent and include the fallowing items: Out of scope reproduction of plans, spncificatians and other documents, including plans and documents necessary for submission to regulatory agencies, but excluding documents reproduced for use by GFA and any of its consultants. Out of scope permit applinatinn and filing fees advanced by GFA. Such fees will be invoioed to Client at cast. The cost of equipment rental including where applicable equipment operators and subcontracted services, such as authorized phcrtngrammetry, testing services, laboratory services, archeological services, and other specialized services, excluding those services whinh are explicitly included in the GFA proposal. if the services covered by this Agreement are subject to local nr state taxes or fees, such additional costs will be charged to the project and are subject to reimbursement as provided herein. c. Escalation of Fees. Fees and schedule commitments are subject to renogntiatinns for unreasonable delay caused by Client's failure to provide specified facilities or information, or for delays caused by unpredictable occurrences, or force majure, such as fires, f7aods, strikes, riots, unavailability of labor or materials or services, acts of God or of public enemy, or acts or regulations of any governmental agency. Temporary work stoppage caused by any of the above may result in additional costs (reflecting a change in scope) beyond that outlined in the proposed Agreement. GFA shall have the right to increase its compensation payable by the Client to GFA in the event that GFA must modify services, facilities or equipment to comply with laws nr regulations that become effective after execution of this Agreement, provided GFA gives the Client thirty (34) days prior notice as to fhe cause for escalation and the additional amounts involved. tl. Indemnification, Limitation oftiabiiity, and Condition Precedent a, Mdemnificatfon Client shall, to the fullest extent permitted bylaw, indemnify, defend, and hold GFA INTERNATIONAL, INC., and GFR INTERNATIONAL, INC'S officers, directors, partners, and employees, and any ofthem (collectively for this entire Section 11 referred to as "GFA"), harmless from any claim or liability for injury or loss arising from GFA creating a hazardous materials condition or permitting one to exist. Client also shall compensate GFR for any time spent or expenses incurred by GFA in defense of any such claim {the term "any claim" means "any claim in contract, tort ar statute alleging negligence, errors, omissions, strict liability, statutory liability, breach of contract, breanh ni warranty, negligent misrepresentation nr other acts giving rise to liability"). Such compensation shall be based upon CFA's prevailing fee schedule and expense reimbursement policy. b. Limitation of Liabitfty TO THE FULLEST EXTENT PERMITTED SY LAW, AN^ NOTWITHSTANDING ANY OTHER PROVISION OF THE PROPOSAL AGREEMENT OR THESE STANDARf] TERM5 AND CONDITIONS, THE TOTAL LIABILITY, IN THE AGGREGATE. OF GFA, TO THE CL{ENT AND ANYONE CLAIMING BY OR THROUGH THE CLIENT, FOR RNY ANC} ALL CLAIMS, LOSSES, COST5 AND EXPERT WITNESS FEES AND COSTS OF ANY NATURE WHATSOEVER OR CLAIMS EXPENSES RESULTING FROM OR IN ANY WAY RELAT£Q TO THE PROJECT OR TH£ PROPOSAL AGREEMENT FROM ANY CRUSE OR CAU5E5 SHALL NOT EXCEED THE TOTAL COMPENSATION RECE1VE13 BY GFA UNDER TH15 PROPOSAL AGREEMENT, OR THE TOTAL AMOUNT OF $75,€f00.g0. IT IS 1NTENDED THAT THIS LIMITATION APPLY TO RNY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, WHETHERCAUSED BY GFA'S NEGLIGENCE, INCLUDING Created ~II6If}5 Revised 1 ] 119107 - 2 ERRORS. OMISSIONS, FOR OTHER ACTS OR FOR ANY DAMAGE BASED IN CONTRACT, OR FOR ANY OTHER CAUSE OF ACTIONS, UNLESS OTHERWISE PROHIBITED BY LAll11, AND CLIENT SHALL INDEMNIFY AND HOLD GFA HARMLESS FROM ANY St3CH DAMAGES OR LIABILITY. c. Condition Precedent. Notwithstanding the foregoing, all claims, including for neg#igence or any other cause whatsoever that the Client has or claims to have against GFA, shall be deemed waived unless (i} Client notifies GFA of the claim ar claims within thirty (3II) days of discovery thereof and, if the Client contends that a claim exists against GFA for negligence or another violation of a standard of care owed by GFA, (ii} Client has first provided GFA with a written certification executed by an independent design professional currently practicing in the same discipline as GFA. The certification shall: a} ident€fy the name of the professianal; 6} specify each and every act nr omission that the certifier contends is a violation of the standard of care identified in this Agreement; c} state in aompiete detail the basis for the certifier's opinion that each such act ar omission constitutes such a violation. This certificate shall be provided to GFA not less than thirty (30} calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding. d, NOTWITHSTANDING TtiE FOREGOING, GFA SHALL HAVE NO LIAI3fLITY FOR RNY CLAIM DISCOVERED BY CLIENT MORE THAN ONE YEAR AFTER DELIVERY OF THE REPORT DESCRIBED iN THE PROPOSAL AGREi=ENT. 72, Disputes. All claims, disputes, and othermatters inquestion between GFA and Client, including their respective agents, employees, o#ficers, directors, professionals and contractors, arising out of nr relating to the Proposal Rgreement or the breach thereof, including, but not limited to disputes arising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence {collectively, "Disputes") shall be decided by binding arbitration in accordance with the Construction Industry Rules of the American Arbitration Association then obtaining, and judgment on the award rendered by the arbitrator{s} may be entered in any court having jurisdiction then;of. Notwithstanding the foregoing, GFA shall not be required to arbitrate any legal andlor equitable claims (including statutaryand equitable liens) for collection of monies due. in the event at any Dispute that results in arbitration or litigation as provided above, the prevailing party shall be entitled to recover all reasonable costs incurred as a result of the claim, including staff time, court costs, attorney's fees and other claim-related expenses. 13. Cansequentiat Damages. Client shall not be liable to GFA and GFA shall not be liable to Client for any incidental, special, or consequential damages (including lost profits and last savings) incurred by either party due to the fault of the other, regardless of the nature of this fault, nr whether it was committed by Client or GFA, their employees, agents, or subcontractors; or whether such liability arises in breach of contract or warranty, tort (including negligence), statute, or any other cause of action. Consequential damages include, but are not limited to, loss of use and lass of profit. 14. Confidentiality GFA agrees to keep confidential and to not disclose to any person or entity (other than CFA's employees and subcontractors), without the prior consent of Client, all data and information not previously known to and generated by GFA, or tarnished to GFA and marked "Confidential" by Client; provided, however, that these provisions shall not apply to data that: are in the public domain; were previously known to GFA; or were independently acquired by GFA from third-parties under no obligation to Client to keep said data and information confidential. These provisions shall not apply to information in Nihatever farm that comes into the public domain through no fault of GFA, nor shall they be interpreted to in any way restrict GFA train complying with a legally en#orceable orderto provide information or data. Client agrees GFA may use and publish Client's name and a general description of GFR's services with respect to the project in describing CFA's experience and qualifications to others. Client also agrees that any patentable or copyrightable concepts developed by GFA in the course of CFA's services hereunder are the sole and exclusive property of GFA. ?5. Failure to I=oiiaw Recommendations. GFA disclaims any and all responsibility and liability for problems that may occur during implementation of CFA's plans, specifications, or recommendations when GFA is not retained to observe such implementation. T 6. Defects in Service. Client and Client's personnel and contractors shall promptly inform GFA of any actual nr suspected defects in G1=A's services, to help GFA take those prompt and effective measures that in CFA's opinion will help minimize the aansequences of any such detect. Client's payment in ful} amount owed for services rendered shall betaken to mean that Client is satisfied with CFA's services and is unaware of any defeat. 17. Ownership of instruments of Service. flans, specifications, reports, boring logs, calculations, field da#a, field notes, laboratory test data, estimates, electronic media fifes, magnetic tapes (drives), and similar paper and electronic media {otfier than samples) prepared by or for GFAas instruments of service are CFA's property. G FA shaft retain these instruments of service for five years following submission of project deliverables, during which period CFA's instruments of service will be made available for Client's review at any reasonable tine. 18. Termination. This Agreement may bo terminated by either party upon ten (10) calendar days written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement nr any other agreements between the parties. Such termination shall not be effective if the substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, GFA shall be paid for services performed to the termination notice date plus reasonable termination expanses. The expenses shall include any fees incurred by GFA from subcontractors prior to receipt of a termination nofiice date. 13. Governing Lahr. Unless ather,~ise provided, the substantive law of the state of Florida wilt govern the validity of this Rgreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. 2D..~sslgns. Tho Client may not delegate, assign, sublet or transfer his, hors ar its duties, obligations or interests in this Agreement without the written consent of GFR 21. Prevailing Fee Schedule. Time Rates Fee Schedule for items previously listed as time rates and other services tfiat may be required but are outside of the scope of the proposal: • Principal: $125.00 per hour • Senior Engineer: $100.E10 per hnur • EngineerlGeoingist: $95.00 per hnur • Environmental Scientist/Researcher: $fi5.00 per hour Environmental Technician: $55.€38 per hour Administrative Staff: $0.5.00 per hour 22.5everabilify. Inthe event any provision nfthe Proposal Agreement or these Standard Terms and Cnnditinns shall be invalid, illegal or unentorceabie in any respect, such a provision shall be considered separate and severable from the remaining provisions of the Proposal Agreement andlar Standard Terms and Conditions, and the validity, legality orenforceability of anyofthe remaining provisions nfthe Proposal Rgreement andinr Standard Terms and Conditions shall eat be affected or impaired by such provision in any way. 23. Entire Rgreement. The Proposal Agreement and these Standard Terms and Cnnditinns constitute the entire understanding laetween the parties hereto in relation to the subject matter hereof and supersede all prior discussions, agreements and representations, whether oral or written. No modification, amendment or other change may be made to this Proposal Agreement nr these Standard Terms and Canditians orany part Iheroof unless reduced to writing and executed by authorized officer of both parties. Created 51 t 61t}5 devised 1 ,`l ~i€}7 - 3 ,~ A`;~F §~~.~ _ r~~ Proposal No. 08-P-8fi77 ~` May 7, 2488 Revised June 3, 2008 City of Defray Beach 434 South 5win#on Avenue Delray Beach, Florida 33444 Attenfion: Mr. Rafael C. Ballestero PROP05AI~ IFOR TFiE CLO$l1RE OF AN UNDERGROl1fV® sTORAeGE TAhI~C ®ELRAI' BEACH l! IBRARY SITE DEl! RAY BEACH, i~~1LM BEACH COUNTY, E~.C3R4~1A Ardaman & Associates, lnc. (Ardaman) is pleased to present this proposal for the closure of an underground storage tank a the above referenced subject property. Ardaman conducted a limited underground storage flank (UST) investigation at the subject property on April 30, 2008. Based on the results of this limited investigation, Ardaman discovered that a UST, approximately 6 feet long with a diameter of 0 fee#, with an approximate volume of 1,250 gallons, is located beneath the asphalt surFace at the subject property. In this proposal, it is assumed that the capacity of the UST is 1,250 gallons, and that no accessible fill port, vent pipe or other piping or elec#rical system exists. There is a potential that additional USTs may be discovered during the excavation activities. if this is th e case, an additional cost will be realized. if contaminated soil is discovered during the excavation, Ardaman proposes to conduct source (soil) removal. if this is the case, an additional cost will be realized. The i=DEP Standard Operating Procedures (DEP-SOP-001101, FDEP SOP) will be used far sample collection. All samples will be provided to a National Environmental Laboratory Accreditation Conference (NELAC) certified laboratory for analysis. As discussed in this proposal, the gasoline and kerosene analytical group includes: Groundwater • Forgeable HalocarbanslAramatics (EPA method 8021) • Polynuclear Aromatic Hydrocarbons (PAHs, EPA method 8100) • 1,2-Dibromoethane (E.DB, EPA me#hod 8011) • Lead • Total Recoverable Petroleum Hydrocarbons (TRPH, FLPRO method) Soil Forgeable HalocarbonslAromatics (l PA method 8021) • Polynoclear Aromatic Hydrocarbons (PAHs, EPA method 8100) • Total Recoverable Petroleum Hydrocarbons (TRPH, FLPRO method) This proposal assumes it will be the responsibility of the property owner: • Locate and mark underground utilities in the vicinity of the proposed excavation. • Provide an adeguate work area for the proposed scope of work. • Protect the safety of the public and its employees when Ardaman personnel and its subcontractors are not on-site. • Put procedures in place to prevent the public and its employees from entering the work area. 220fl North Florida Mango Road, Suite ":D1, 4+Vesl PaEm Beach, Florida 334D9 Phone (561 } 687-8200 FAX (661 j 640-7375 Offices in: Bartow, Cacna, Fort Myers, Miami, Orlando, Pprk Oharlptte, Pprk Sf. Lucie, Sarasota, Taiiahassea, Tarrpa, W. Palm Beach t}eiray Beach Library Site -Proposal for the Closure of an Underground Starage Tank Page 2 AAl Proposal No, OS-P-8677 ~JTICIPATE® SG®PE `DF W®RK 1. Complete a Starage Tank Facility Registration Fnrm (FDEP Farm#62-761.900(2}} for your signature and submit the form to ERM. 2. Coordinate with UST contractor and request a utility markvut. 3. Remove and dispose of one UST as per Chapter 62-761, Florida Administrative Code {FAC}. Screen the soils removed from the excavation by the UST contractor visually and using a photo ionization detector tPl©). if contaminated soil is discovered, con#inue excavating the contaminated soil until a clean sample can be obtained. 4. Contingencv: lfi contaminated soil is discovered during the excavation, the contaminated soils will be segregated and stock piled on 6-mil thick plastic sheeting. Depending on the volume of contaminated soil, up to three soil samples will be required to satisfy soil disposal requirements. The soil samples will be analyzed for the Preburn: Clarke Environmental Soil Incinerator Group. 5. Contingencv; This proposal assumes that the UST is empty of all liquids and solids. if the contents ofi the tank need tv be removed, additional casts will be incurred. 6. After the UST has been excavated, screen the soils on the four sidewalk and bottom of the excavation using a PID. Collect one soil sample from each of the four sidewalk and the bottom of the excavation, and analyze the samples for the gasoline and kerosene analytical group. 7. Determine if the stockpiled soils removed from the excavation are suitable to be placed back into the excavation, by screening the stockpiled soils with the PID. 8. Contingencv: These soils not suitable far placing back into the excavation will be disposed of at an appropriate licensed facility and transported by a licensed hauler at an additional cost at a later date. 9. Contingencv: If additional fill material is required, this will incur additional casts. 10, Place the appropriate sails back into the excavation. 11. After the excavation has been filled, install one temporary groundwater monitoring well at the approximate center of the former UST. At feast 24 hours after the welt is installed, collect a groundwater sample from this well and analyze for the gasoline and kerosene analytical group. 12. If the results of the groundwater analysis reveals that the concentration of petroleum hydrocarbons is found to be above the Groundwater Cleanup Target Levels (GCTLs} as listed in Chapter 62-777, FAC, then your office will be can#acted to discuss options. 13. Prepare a Tank Closure Assessment Report and submit the report to ERM. These costs do not include permit #ees through the City of Delray Beach, taxes, waste tariffs or applicable fuel surcharges on equipment (based vn the Motor Transport Motor Carriers fuel surcharge index). An ERM inspector will visit the site during UST removal activities. Please note that this proposal does not include the casts associated with asphalt resurFacing. Please note that if a release has occurred, the costs associated with assessment, and possible remediation activities are not included in this proposal. These costs can't be estimated at this time. Delray Beach Library Site - Proposal far the Clasurs of an Underground Storage lank Page 3 AA[ Proposal No. O8-P-$677 SCi-!IE_~EJL..iNG After proposal acceptance, we estimate that the project can commence within 1 to 2 months. However, the schedule for removal of the UST is dependent an the speed of the City of Delray Beach permitting department. A~ITtGiPATE® C®Sl'S Scope of Vllork (except as broken out below) The estimated cast for time and materials far the above-outlined scope of work is broken out as follows: Laboratory Analysis (subcontractor, standard turnaround) ........ $2,500.00 - Drilling Casts (temporary well} ............................. $1,OOOAO - UST Removal Contractor (subcontractor) ..... . .............. $6,8000.00 - Compaction Equipment Rental .................. . .......... $300.00 - Ardaman Equipment ..................................... $600.00 - Ardaman Materials ............................... . ...... $400.00 - Ardaman Labor (environmental) ............................ $3,88DA0 t~ST Removal Estimated Additional Costs - Tank Content Disposal ................... . ............. $0.371gallon - Petroleum ContactlRinesate Water ...... $0.371gallon - Tank Sludges ............................. $1.60lgalion plus $501drum Additional Well Sampling & Analysis Estimated Costs - Cantinaenc - Laboratory Analysis -Gasoline and Kerosene Analytical Graup4 (subcontractor, standard turnaround) ...................... $400.00/wail - Ardaman Equipment ................. . ............... Fee Schedule - Ardaman Mobilization ................................. Fee Schedule - Ardaman Labor ..................................... Fee Schedule Additional Sol! Sampling & Analysis Estimated Casts - Continaenc - Laboratory Analysis -Gasoline and Kerosene Analytical Group (subcontractor, standard turnaround) ................ $340.00/soil samipe Ardaman Equipment .................. . .............. Fee Schedule - Ardaman Mobilization ................................. Fee Schedule - Ardaman Labor ..................................... Fee Schedule C3elray Beach Lilarary Site - Proposal for the Closure of an Underground Storage Tank Page 4 AAl Pra osal ~Va. fl8-P-8B77 S_o_il_Disposal Estimated Costs - Contingency - Laboratory Analysis - Preburn: Clarke Environmental Soil Incinerator Group (subcontractor, standard turnaround) ................... ~300.OOIsample - Transporkation and Disposal of Petroleum Contaminated Soil .... $60.OOIton - Heavy Equipment .................................... Fee Schedule Ardaman Equipment ............................ . .... Fee Schedule - Ardaman Labor ..................................... Fee Schedule Additional work/costs will be. billed as per the attached fee schedule. Any additional or contingency worklcosts over $00.00 must first be approved by your office via e-mail or fax. In order for us to pay our subcontractors in a timely manner, Ardaman requires payment of $9,®Ofl before work can commence. C~.OSl1RE It is the responsibility of the Gity of Delray Beach to inform Ardaman of the locations of underground structures, cables, pipe, conduit, etc. prior to the commencement of the field work. Ardaman cannot take responsibility for damages to underground structures and/or services. Before any work will begin, please sign and return the ProposallProject Acceptance farm which authorizes us to proceed. This- proposal is good for 45 days. Please do not hesitate to contact us if you have any questions ar require additional information. B~eygst re~~gla~rAdsg, Rpaw ~+ ip ^~ /^Sf'C®AIYI~€m Ot Yic3~®ir1riT~~r'p 8~.r. ~~ 'DigitailysignedbyAndrewNixon, nd r ~.I. DIV: cn=Arxlrew Nixon, E.1., ";o=Ardaman and Associates, Inc., ' ., „~ ~ ~ ~ • ~ ~ cuUSmaii=anixon~.~ardaman.corrr, Andrew Nixon E.I. ®Y® Staff Engineer Date: 2008.06.6311:35:52-04'00' ~~~ w, Bret ©. Hammell, P.E. Environmental Department Manager Attachment - 2008 Environmental 1=ee Schedule AN/BDH:an Ardaman & Associates, inc. PREP®SAI_IPi2®JECT ACCEPTAfVCE Af~i'3 ACaREEI~IENT PROJECT I~1'ORfVIATI®N: Project Name Delra Beach Librar Site Project Location Delra Beach Palm Beach Count ,Florida Proposal Number and Date __-_-R8-P-8677 /May 7, 20081 Revised June 3, 2008 Description of Services Closure of an Underground Storage Tank ......_....WW Estimated Fee '! ~ 48(}.00 not inciudin contin enc casts PROPERTY ®WRiER I®EP~TIFICATI®IV: Name Property identification Number Address City/state Zip Code Phone Attention Title SPECIAL INSTRl1CTICtVS: PAYMENT TEi:ZMS: Net 3Q days from invoice date; invoices wi(1 be sent every four weeks for continued or extended projects. Interest charges, 1'/~% per month following the due date. PROD®SA~. ACCEFs"i"`AI1iCE: sy accep#ing this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Ardaman & Associates, Inc.'s General Conditions appearing on the reverse side of this page are incorporated herein by reference. In the event this Proposal Acceptance was received by facsimile, Client hereby confirms that the above described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Ardaman & Associates, Inc.'s General Conditions have been made available and are incorporated in this agreement. Accepted this, day 2008. Firm f carparate entitgt accepting financial respansibilitg~ (please Tint Authorized representative Harass & title (please tint Signature nt' authorized representative Rev~s,on 9-~0~6 GEPlERA~ CONDIFlOh35 Parties And scope 6f Work: Andaman & Associates, Inc. (hereinaFter referred to as "AffiA"} shall include said company; Its individna€ professions€s, emplayaas, agents, division, subsidiary, parent qr affiliate performing the W ark. .W ark" means the specaf€a services to be performed by ABA as set for#h in R&A's proposal, the C€ient's acceptance thareaf, both incorporated herein by th#s reference, and these General Candillans. "Ghent" refers is the person ar business entity ordering the W ork to be done by RBA. If #ha client is ordering the Mark on dehaif of a third patty, the Ciieni represen#s and warrants #hat the Client is fhe duty authorized agent of said third party for the purpose of ordering and directing said Wark. fn the even: Client is not the authorized agent of said third party. Client agrees that he shall be individually liable hereunder. Further, Client sha[i disclose any such agency re Eatkonship to A8A In writing befara the commencement of ABA's Work hereunder. Client ogress that ABA's professional duties are specificalry limited to the Work as set forth in RBA's proposal. The Client assumes sale responsibility Fqr determining whether the quantity and the nature of the Wark ordered by the Client is adequate and sufficient for the Client's intended purpose. Client shall communicate these General Conditions to each and every third party t¢ whom the G€€anttransmi#s any part of A&R's W ark. R&A's W ark Is for the exclusive use of Ghent, and its property disclosed principal. In no evenF shall ABA have any duty or obligation to any third party. The nrderiny ¢f W ark Fram A&A Shah Ca nstltlliq aCCepianae of the terms o(ABA'S prflpo Sal and ti7ese General Condition S. Payment - Payment shaE€ be duo within 30 days after date of invoice. Enteresl at the rate of 18°/ Der annum (or the highest rate aNowabke by €aw} Prom 30 days after date of invoice to dafe payment is received wiEl be added fa all amounts not paid withkn 30 days offer date of invoice. All attorney fees and expenses associated wish collecticn of past due invoices wiEl be paid 6y Client. Failure to time€y pay any ABA invoice shall ca nskitute a waiver of any and all claims against A&A. Right-of-Entry -Unless piherwisa agreed, Client will furnish nigh#-of-entry on the proper€y for ABR la make fhe planned borings, surveys, andlor explorations. A&A will take reasonable precautions io minimize damage to the property caused by Its equipment and sampling procedures, but the cost of res#aratian or dam age which may result from the planned apetatians is not included in the cpnirapied amount. K Client desires to restore the property to its formercondltion, RBA will accamp':ish this and add the cost tc its fee. barrage to Existing Man-made Qhjects - Il shaft be the responsibility of fhe Client or his duly authorized representafive to disclose the presence and accurate iocatian a( all hidden or obscure man-made Qhjects relative to field tests, sampling, ar boring locations. In addition, Client waives any claim against ABA arising from any damage la existing man-made objet#s. Warranty and Limitation of Liability -ABA shall perform services far Client in a professional manner, using that degree of Dare and skill ordinarily exercised 6y and consistent with the standards of competani consultants praptiging in ;hs same or a stmt€arlocality as the project. to the event any portion of the services fails to camp€y wish this warranty obligation and A8A is promptly n¢ikfied in wtitiny prior t¢ one year after completion of such portion of !ha services, A8A will re•parfarm such par6on of the services, nr if te- performance is impracticable, ABA will refund the amount of cam pensation paid f¢ A8A for such potion oflhe services. This warranty is in lieu of al€ other warranties. No other warranty, expressed qr implied, including warranties of merahanfability and h#ness for a particular purpose is made or intended lay the proposal far consuifing ecru€aes, dy furnishing an oral response of the findmys made ¢r try any representations made regarding the services inc€uded in this agreement. fn no event shall A8A ba [table far any special, indirect, incidental, or cansequentiai €oss or delay or time-related damages. The remedies set forth herein are exclusive and the to tai liability of consultant whether in contract, tort (inckuding negligence whether sole or concurrent), or otherwise arising out ai, connected with or resulting from the services provided pursuant to this Agreement shalt no! exceed the total flees paid by Client ar s50,000Afl, whichBVer is greater, Gileni may, upon written request received within five days of Glignt's acceptance hereof, increase Lhe limit of A&A's liability 6y agreeing to pay A8A an coot#ional sum as agreed in writing prior in the commencement of ABA's services. This charge is not to be construed as being a charge Far insurance of any type, but is increased consitlerafion for the greater liability involved. Sampi"sag or Testing Location -Unless specifcaiiy stated to the contrary, the unit fees included in this proposal do not include casts asscaiated with prgfessia nal land surveying of the site or the accurate horizanial and verticaE lacaiions of tests. Fie€d tests or boring €oeatians described in our report or shown an cur sketches are based an specific infarmatien furnished to us by others ar estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the re pa rt. Sample Handling and Retention -Generally test samples or specimens are consumed andlor substantially altered during the conduct of tests and A&A: at its sale discretion, will dispose (sutsjcct to the following) of any remaining residue immediately upon cafngletign pf test unless required in writing by the Client fo store or otherwise handle the sarr€ples_ (a) NGN HAZARDQEJS SAMPLES: Rt Client's written request, A8A whi maintain preservable test samples and specimens or the residue therefrom far thirty (30) days after submission ¢f A&A's report is Client free of storage charges. After the initial 30 days and upon written request, ABA wi{€ retain test specimens or samoles far a mutuahy acceptable storage charge and period of ikme. (b} HAZARDOUS OR Pt7TENTIALL Y HA2ARDGuS SAMPLES; In She event that samples contain substances ar constituents hazardous qr deirimen#al to human health, safety or the environment as defined by federal, stale or local s#aWtes, regulations, or ordinances ("Hazardous Substances" and "Hazardous Consiituertis", respective€y), A&A wi€€, after comp€elian of testing and at Chen#'s expense: (i} return such samples to Client; (ii} using a manifest signed by Client as generator, will have such samples iransparted to a lace#ion seEenied by Client for final disposal. Client agrees is pay all casts associated wikh the storage, transport, and disposal of such samples. Cheat recognizes and agrees that ABA is acting as a bailee and at no time does A&A assume titke of said waste. ^iscovery of Ltnanticipatad Hazardous Materials - Hazardous materials or certain types of hazardous materials may exist al a site where there is na reason #a believe they could nr should be present. ABA and Client agree ihaf the discovery of unanticipated hazardous materials co nsfituies a changed candifion mandating a renegptiaiion of the scope of work pr term ination of services. A8A and Client also agree that fhe discovery of unanticipated hazardous materials may make if necessary for ABA to take Im mediate measures to protect health and Safe#y. ABA agrees to notify Client as soon as practicable should unaMicipatsd hazardous materials or suspected hazardous materia€s be encountered. Client encourages ABA to take any and all measures chat, in ABA's profe ssianaf opinion, are justified to preserve and protect the health and safe#y of ABA's personnel and the pub€ip. Ghent agrees is compensate ABR for the adtlilionai cost of workkng to protect employees' and the public's heath and safety. [n addltian, Glienf waives any claim against R&A arising from ABA's discovery of unanticipated hazardous materials ar suspected hazardous materials. Indemnification -Glienf agrees fo defend, indemnify and save harm3ess A&A Pram all claims. including negligence claims, suits, losses, personal injuries. death and property Ilatrility resul#ing from ABA's performance pf the prapgsad work, whether such claims or damages are caused in whole or in part by ABA, and agrees to reimburse A&A for expenses in connection with any such claims or suits, including reasonable attorney's fees- G€ient's ahligatian to indemnify is limited to 52 million per occurrence, which Client agrees pears a rsasanabEe commercial relationship to the Work undertaken by A&A. Client further agrees tha# these genera€ conditions era a part of the U<lork's specifications or bid documents, if any. Lesal Jurisdiction - Tho parties agree chat any actions brought to ertlereq any prevision of this Agreement shat! gniy be brought in a court of competent jurisdiction located in Grlandp. Rranga Gaunty, Florida. All causes of action, including but oat limited io actions far indemnification, arising out of A&A`s Work shall ba deemed to have accrued and the applicable stafu#es of limitation shalt commence fo run not later than either the date of substantial completion of the Wark far awls or failures to act occurring prior to substantial completion, or the date of issuance of A&A's final invoice for ants qr failures to act occurring after substantial aompieilon of She Work. Force Majeu re - A8R shall nai be held taspartsible tar any delay or Fa iku re in performance of any part of this Agreement to the extent such delay nr failure is caused 6y fire, flaad, axplosron, war, strike, embargo, government requirement, civi€ or military authority, acts aF God, act ar omission of subcaniractors, carriers, client ar other similar ceases beyond ifs control. Gen Candltians Revision t 0 - 20fl6 2008 ~PJViRt~NMEN'CAL ~E~ 6CHEE]ULE~' LABOR (Normal WeekcEay) Principal Consultant Per Hnur $185.00 Senior Project Engineer Per Hauf $140.00 Senior ConstructionlRemediatinn Manager Per Hour $120.00 Senior Prnjeet Manager Pnr Hour $115.OD Project Manager Per Haur $105.00 Senior Project EngineerfHydrogealogistiScientist Per Haur $100.00 Project EngineerlHydrogeologistlScientisk Iii Per Hour $ 95.00 Project EngineerlHydrageaiagistlScientist i Per Hour $ 92.00 Assistant Project EngineerlHydrogeologistfSnientist Per Hour $ 85.40 Staff EngineerlGeoingistlScientisf III Per Hour $ 80.00 Staff EngineerlGealogiskl5cientist II Per Haur $ 75A0 Sta#f Eng'tneerfGeoiogistlScientist I Per Hnur $ 70.00 Senior Field Engineer Per Hnur $ 65.00 Engineering Technician Per Hnur $ 55.fl0 Rdminiskration Per Haur $ 45.00 MtSCELLANEOltS EICPENSES Outside Services and Expenses Per Job At Cost + 15% Printing and Reproduction Per Job At Gast + 15% Copying Per Page $ 0.10 Calar Copying Per Page $ 0.75 Mileage (Automobile) Per Mite $ 0.35 Mileage (Trtack) Per Mile $ 0.50 M OB IL(ZAT1ON Mobilizatinn and Demobilization • Men and Equipment {Minimum $100.00) Per Rig-Hour $140.00 • Mileage -Truck Per Truck-Mile $ 0.50 • Portable Barge Minimum Per Jab $6,OOO.DO GENERAL FIELD EQLlIP~EN7 Daka Logger Per Day $ 325.00 Organic Vapor Analyzer Per Day $ 120.00 Photn ionization Detector Per Day $ 150.D0 Methane Detontar Per Day $ 150.00 Explosimeter Per Day $ 70,00 Generator Per Day $ 110.00 Steam Cleaner Per Day $ 110.00 Surveying Equipment (Water Table Eleva#inns) Per Day $ 65.00 Centrifugal Development Pump Per Day $ 50.00 SuhmersiblE Development Pump Per Day $ 220AD Peristaltic Purging Pump Per Day $ 50.00 ProductlWater Interface Prabo Per Day $ 70.00 Multifunction Meter Per Day $ 130.fl0 Turbidity Meter Per Day $ 55.00 Water Level Indicator Per Day $ 20.00 Bailer lJsage (stainless 5tee1 or Teflon- Per Each) Per Day $ 22.00 EXPENDABLE SUpt'LIES High Capacity (1 or 0.45 micron) Filter Each $ 25.00 Disposable Te#lon Bailer Each $ 23.00 Disposable Polyethylene Bailer Each $ 15.00 Isopropyl Aicahal (decontamination) Per Gallon $ 18.00 Deioniznd Water (decontamination) Par Five Lallans $ 15.00 Tygon Tubing Per Foot $ 2.50 Palyethyiene Tubing Per Foot $ 0,40 55-gallon Drum Each $ 70.OD Subenntraators will be marked-up at a rate of 15°/n TERNI5: All invoices are due and paya hle upon receipt unless other afro ngemenis have been made prevlaus€y. A finance charge of 1.5% per month, which is an annual interest rate of 18 % ,will be paid on al3 invoices not paid wi#hin 3fl days. Any attorney`s Pees or ether casts incurred in collecting any delinquerst amount shall ~e paid by the Client. `These prices ors in effeaf tar work com pleted through pecember26, 2007. This fee schetla]e wil€ be superseded 6ytha 2009 fee schedule far work perParrned alter December 27, 2009. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Nutting Environmental of Florida, Inc. (hereinafter called CONTRACTOR). WITN ESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) PAGE NUMBERS Standard Form of Agreement 1-5 Corporate Acknowledgment 6 Certificate 7 Insurance Requirements 8 CONTRACT DOCUMENTS (cont'd) PAGE NUMBERS Sample Insurance Form 9 Drug Free Work Place Certification 10 Specifications Exhibit "A" Proposal (Schedule of Pricing) Exhibit "A" Addenda numbers 0 to 0 inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The contractor shall undertake the remediation within 14 days of execution of the Contract by the City of Delray Beach and comply with Chapter 62-761 of the Florida Administrative Code, prepare a Tank Closure Assessment Report and submit the written report to the regulating Palm Beach County Authority. CONTRACTOR shall have 30 days to complete the project. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Nutting Environmental of Florida, Inc 1310 Neptune Drive Boynton Beach, Florida 33426 2 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, 3 royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESS: (Print or type name and title) CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor CONTRACTOR: BY: (Print or type name and title) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by (name of ofFicer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 ,between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) il1ISUR,~NCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the follovuing minimum requirements: VIlorker's Com ensation -Coverage to apply for all employees for Statutory limit's in compliance with the applicable State and l=ederal Laws. In addition, the policy must include Employer's Liability with a limit of $1DD,DDO each accident. 2. Comprehensive General Liabiliy -Coverage must be afforded on a form na more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $3DD,DDD per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b} Premises andlor Operations. c) Independent Contractors. d} Products and/or Completed Operations. e) No exclusian for Underground, Explosion or Collapse hazards. 3. Business Auta Palicy -Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include; a) Minimum Limits of $3DD,DDD per occurrence combined single limit for Badify Injury Liability and Property Damage Liability. b) Owned Vehicles. c} Hired and Non-Owned Vehicles. d} Employer Non-Ownership. 4. Certificate of insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not„cn,ly„name the tyt~es of policies rovided but shall also refers ecificall to this bid and section and the above ara ra hs in accordance with which such insurance is bein furnished and shall state that such insurance ~„ ,y p ,. The successful 's requir`etl,b„ such aragraphs ©f this contract„ bidder will include the City of ©elray Beach as additional insured. If the initial insurance expires prior to the completion of the wn~rk,~~ renewal certificates shall be furnished thirky (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Cerkification the wards "endeavor to" and "but failure to mail such notice shall impose nn obiigatian ar liability of any kind upon the company, its agents ar representative" shall be crossed nut as indicated on the attached "Sample of Insurance Gertificate". Insurance cerlifcate sample, next page -8- f~'g 5612437166 C[`CY CP DELRAY BEACH 6670 P@E DEC 21 '~~ 1[:23 n~4~~ . * * 4 ~ q ~ y ~ IEi5i~e T~.7 E QR9:grp0.?y~a. i w i THtS i"fSFfCA'Fg 15 ~0 f ~ A r~&'CiEq [JF iFiF063lAI,TiOFi g9iLY ANO tY}IiPERS~: ~s N~? AiCii'{T5i liP'CYFt i'19E ~A~T~ Fib, THlS C~R7'(~iCJ.l`E Ogg ii9T SEND, X77 'iP1S'D~C~, ~~. , ~n ow -ur~A cave~o~ arum sY rn~ ~sx,ics~s ~a.~w. P, ~. 7~L7i~ .~,I BES'~ C7r~, U~.~, i~Cip00 ~~[J4~Ah8l ~~~C~t~~lNG C[7~~F~,${'.~~ ;; - ~~;~`'r ' r' aP,hrax ~ RiG>!3T fy`T~A)tx~l F1~t5[3R.AA-CE CQ_ - -r~'~' r~ ~~ r- -z. ---~~, • x CLA~3'nxx ~C~'LE~E C[)~J7~tADE ~k~S~CE ~4. rx ~. WILL7:~G ~DRSCEItS f~a50C. ~~~ ~~R Y ~~ ~~~~ ADY".COW~ ~ i3SA Dt7(l a~ s~~ Y C1 CCliAF'MfY ~ ` FETTER ` ~htl~ FS TC} ~~TT~Y'~RT i'~1.fG IFS c]ty pdSLiFi#!r~ x.bTECS>~~W PtAa/E ~EET1 iSSE#Eb'~f! tHE ~p El311i~?V'E 6~ p TSFC t~kAY P£Ei7"Afi~i, +1 ! Ei~ :1~1FipN{~ l~ C7ki6~J~-rf~ POt3G~ f6 C1 M>"R~IStlB.~f:C'{ 7`Q~~ 310NS dF Si,FirF1 FC}r.3CtFS CQ LTA 7YPrv ~ 3N$UFiANCE ~~~~~ f't]t1CY W€Ji~t6L'f1 WLk"! EFi£CilkE ~ ~~ i~ - -- ~~ ~wri~y t1 ~ 6k«9tER1~L L.iA9iLTI'Y ~.-.~--,. -^'-^-•-..- ~ C~lIENSIVE ft~1r.+ ~'C}77bf~4 3-OI-gD 3."Ol-9~ 7C pRE~SI,S£SlQPEitATi(yt~ ~~ ~ ~.1.Ai'31: Mli~lfil? ~ tr~i)Ci'S+~h3 T ° 71.E EE~ Qf EHATip r$ CANTR~TI,IA~ :,v~ ~ ,~ FHGfiPENf)ENT CANTRRGTf#~S '{~ BApkD FQH~i t'~EiiTY 1~~AAGE FCR5QJVfif, 3#tJURY ' 1i A1134F,i06iLfi LiABitl`fY ~~ ~~i6 [[ Ai t E~tJitpp ALCtC3$ (P#4tV. f'A5=r.j ~U.t Ci4Yr'iE0 AiTfOS i~f~(VERP~ HPCi1;U AlJTtSS Fri-as~rlv~a ~,uTas ~ i.~urv ~xcsss u~~4rrY - -- - -.. d7nES TWW r~rs~.i,a F{~uc w~' cSk~iPENSATiC}F? ~.~"[7776~5 3-X77.-9€7 3-~!~-91 iM~d]YC-RS' LJAElii,1TY I i?'i'i1ER -- FgFi TH$ FOE1L•Y fsERKyC7 iHiSiC~aT€£~. r TO 9vHrcH 7'Hf5 ~RTiFlCATH fuY E TERirss, ExLiuSir3iY5, AH~p C#ii3k. IwIABrLi'CY tSMITS iH Tti0U3AN~5 BQEkc'[ w.ruar ~ ~ ~TM .~ ~ rr~c ~ ~ 3Dt7 ~ ~ 3€717 i+~~SO~IAt cN.tURY '~' Y r-----""""' ~ ~ a>x.r '+p «~ fiFl¢A£pt1' ~ ~ ei c ~ ~ 3(7D cousx~t:n r~o S ~ SYAYyY(yRY ~'~rt~j ~E?d~~+ti5€•r'Oi.iGY tlFAfij (3~s5EA5E~EpCH EMF~C}Y dE6C,RrPTK?N C1F CIPEPATit~N$Ii.OCA'>CtNS1YEM~t, FtE~l;' 706 8,$'. Olll EL~CC OD. ~.!&1< Z'+~s'a, ~~3C~ ~S 7»~TS~3~d~E gPPL7::~I.E fit? (~s;,a,>:e p~cyject3 as below. G~rora out indicated ward.~.zxg CITY 0~ D~7~.~y E~ >:E ,9i7DZTTtroI~3~ T7Na'"'~)REi1 & p~ov~.de 3D da~rs ~I,tteu ucstice~ " ~ SHi7i1l~ of 71h4~ A ;~ I~ 6>: ~ ~ THE ~x- C'+~~ [77~ ~~l~'g F7~.tM~ piRM'Yf.(~¢ C?ATg T#iElil=4€. T'1iE !~f d1~Q COIUPAHY WkLl, '~. 43~ ~, Si~T~28'.~ON ~'4~ 7E rr~ ~uu ~krs uriuT~v ~rsTae~ Ta t~ C~T~ic~ar~ ~a.nF~a a~a~ Ta `rxt D~7v' 7#~AC~~ ~OR~ ~.~ 334~G4 '. aurt~[in ~s~s~nrrxTty~ 7 . -9- ~~u~ ~~~~ vv~R~~~.~c~E ~~RT~~~c~~~oN ff identical tie bids exist, preference will be given to the vendor who submits a certification with their bidlproposal certifying they have adrug-free workplace in accordance with Section 287.1x$7, Florida Statutes. The drug-free warkplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free warkplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures far processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled: substance is prohibi#ed in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free warkplace, any available drug counseling, rehabilitation, and employee assistance programs and the penalties #hat may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1}. 4) In the statement specified in subsection (1}, this firm notifies the employees that, as a condition of working an the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and-will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of chapter $93 or of any controlled substance law of the United States ar any state, for a violation occurring in the warkplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's corrimunity, by any employee who is sa convicted, 6} This firm will continue to rrtake a good faith effort to maintain adrug-free workplace through implementation of this section. Contractor`s Name Signature _Xp_ MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Amy Robinson, Senior Buyer Patsy Nadal, Purchsing Manager THROUGH: David T. Harden, City Manager DATE: May 29, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 BID AWARD/MANUFACTURERS APPLIED RENOVATION SYSTEMS, INC. ITEM BEFORE COMMISSION City Commission is requested to approve a bid award to the second low bidder, Manufacturers Applied Renovation Systems, Inc., for repair and service of bleachers for Pompey Park in the amount of $53,672.00. BACKGROUND Sealed Bids were received May 1, 2008 from four (4) vendors, opened and publicly read, all in accordance with City purchasing and procedures. A tabulation of bids is attached for your review. The work invloves refurbishing and replacement, where needed, of existing movable bleacher components including electrical system work. Full documentation for this bid is on file in the Finance Department, Purchasing Division. Parks & Recreation and Purchasing staff have reviewed the bids received and recommend award to Manufacturers Applied Renovation Systems, Inc. in the amount of $53,672.00. Although Manufacturers Applied Renovation Systems, Inc. was not the lowest bidder, Charron Sports Services Inc. (lowest bidder) did not provide information specifying that the product in their bid is equal to the Century Design no-sag system (as required in the bid document) to eliminate wear and tear of seats from the seat above during operation. FUNDING SOURCE 334-4127-572-46.15 GENERAL CONSTRUCTION FUND/PARKS & RECREATION/POMPEY REC FACILITY RECOMMENDATION Staff recommends awarding this bid to Manufacturers Applied Renovation Systems, Inc., the second low bidder, for repair and service of bleachers for Pompey Park in the amount of $53,672.00 per bid #2008-35. t 41 1fi m ~ b O L Q C ~ ~ ~~ V L a d O. O d a. N O ~ N G1 r O 0 R ++~A yV! V .~ a+ f1G 0 0 0 ~ o Q , ~ i 0 w m p rn v ~ ~~ H O ~ C N C r d' y N ~= y d' ~~ ~ E r m~ z W ~ o ~ o ~ o ~ Z O c l0 N V ~} ~-} H4 fA ER d4 N O O O O O C o ~~ y' a1 c w ~ U CO O ~ O O O CV N O ~ u~ N fA Q. `~ ~ ` D CO O r O CO O t¢ N o v ~ F ~ CO O CQ r ~ ~ ~ y ~ p ~ ilJ _ 7, rA U V) Q0. LL! y ac o dr y Z ~ ~ ~ Q ~ a i c E c Q ' C ~ ~ ~ N ~ d3 63 dg f{} (fl ER EA ~ O O 0 T ~ ~ ~ ~ M t[f ' O ~ ro d ~ ~ Q ~ p ~ °. g a a m m era ~ a ~ V~ Q Q Q Q Q Q o- -moo ~` ~ m c L l.t ~ ~~ Z Z Z Z Z ~ `o •3 ~° ~ ~- 2 LL ~ ~ ~ N ~ w m ~ o c c ~ ~ a% ~ W an 3 O O O O Q O Q~ Z ../^~ tl3 oD [O N ~r' r t V! W r T i V O O ~ Q ~ ~ ~ l !? U ~ ~ ~ ~ ~ ~ ~ ~ c ~ ~ ~ r lii ~ 3 N ~ 'N ~ {/~ Z N ~~ "ix j ~ ~ 41 ~ - ~ W ~' H W d j~ m ° v, N +~ ~ d F 0~ ~ ~ ~ ~ ~ a ~ ° ~ n a ° ~ ~ ~ Y ~ c p 3 p i ~.. w DS p ~_ ~ LK1 W ~ V d U ~ ~ U~ ~ ~ Q ~ C.~ Q1 ~ H N is ~ 'C ~ r ~ " G~ 3 ~ "` -- ~ _ . ~ _ ~ m c~c ~ ~~ moo NN T3 ~~ ~ o p Z ~ U] iu otS ~ C Z N ~ N 'O ~ F- W ~ V ~. ~ ~ ~. °a ~ `i' w m ~ a Q 3 ~ ~~ •~ ~ Q c a ~ N ~ N O as J Q ~ M O ~ ~ ~ n ~ ~ W~ © a ~ o ~ m ~ Z O m ... ~~ MEMORANDUM //~ D E L R A Y B E A C H Parks ~s ~R~`e°creati~on TO: '.~Titn Simmons, Acting Director of Parks and Recreation FROM: David Ricks, Pompey Park Site Supervisor I~-~.. DATE: May 22, 2008 Pompey Park SUBJECT: Bleachers Bids Recommendation 1101 NW 2nd Street Delray Beach I have reviewed the bleacher bids, I am recommending that we Florida, 33444 award Manufacturers Applied Renovation Systems, Inc. with this project. Phone In line with the scope of the repair and service of the bleachers for (561) 243 - 7259 Pompey Park Manufacturers Applied Renovation Systems, Inc will be Fax able to perform the full scope of the work and provide a 20 year (561) 243 - 7342 warranty on the vital part of the bleachers which is the underneath structure. E-Mail rne: ricks@ci.delray-beach.fl.us Although they were not the lowest bidder, Charron Sports Services Inc (low bidder) did not provide any information regarding this un- On the Web derneath structure to address the sa in roblem. mydelraybeach.com gg g p Hufcor Florida Group did provide a bid for new bleachers which does come under the allocated funds for this project. I have called and check the references for both Manufacturers Ap- plied Renovation Systems, Inc. and Hufcor Florida Group and both received posii:ive responses to the quality and professional work done. ~~~r~ Please advise if you need any additional information. ~!~ ~~','' CC: Rodger Ribeiro, Recreation Superintendent ~~-°`°~^°`~d~. Attachments p ~C; ~~;~' `'I'mo/ ~~ ~~tl1~^"/Heem+ppOP k MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce J. Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: June 11, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 PROPOSED CONTRACT/EVERGREEN SOLUTIONS, LLC ITEM BEFORE COMMISSION The item before Commission is a proposed contract between Evergreen Solutions and the City of Delray Beach for acity-wide Compensation and Classification Study in the amount of $18,000. The study will include all non-unionized employees and classifications in the City. BACKGROUND Human Resources sent out a survey to over 250 cities in the state of Florida. The majority of the responses we received indicated that Evergreen Solutions was one of the top firms utilized in the public sector. The other top firm was Cody & Associates. After comparing the planning, process, follow-up, detailed outline, and cost described in both proposals, we decided that Evergreen Solutions' was more in-line with direction that the City is trying to move. We propose to contract Evergreen Solutions to facilitate the city-wide Compensation and Classification Study and make recommendations for implementation of a revised pay plan that takes into account both internal and external equity. The study will include all non-unionized employees and classifications in the City. As part of the study, the Evergreen Solutions team will conduct focus groups and interviews with employees and managers. Job descriptions will be reviewed and updated, including FLSA compliance determinations. Evergreen Solutions consultants will conduct a comprehensive salary survey of local and regional employers to assess the market competitiveness of the City. A detailed plan will be developed to provide the City with specific steps to implement an equitable and competitive compensation plan. Finally, maintenance training and documentation will be provided to City staff to assist with upkeep of the newly established system. The original proposal to do a full scale Compensation and Classification Study was $22,500.00. We were able to negotiate a $4,500.00 reduction without giving up any services. The consulting services agreement is attached for your review and approval. FUNDING SOURCE 001-1311-512-34.90 RECOMMENDATION Staff recommends approval of the Consulting Services Agreement with Evergreen Solutions. MEMORANDUM TO: Mayor and City Commissioners FROM: Brian Shutt, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: June 13, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 PROPOSAL FOR SETTLEMENT IN PEGGY USEM V. CITY CASE ITEM BEFORE COMMISSION The Plaintiff in the case of Peggy Usem v. City of Delray has offered to settle this case for $45,000.00, inclusive of attorney's fees and costs. The City Attorney's Office recommends a counteroffer. BACKGROUND This case arises out of a bicycle accident that occurred on December 3, 2006. The Plaintiff was traveling east bound on NE 22nd Street when she alleges that she hit a pothole, at the intersection of NE 2nd Avenue, that caused her bicycle to go into a storm grate, which in turn caught her front tire and caused her to flip over the handlebars of the bicycle. The Plaintiff sustained an orbital fracture to her face and she also required some dental work. Plaintiff has incurred medical expenses, to date, of $8,785.78. Plaintiff has also asserted that she will need future surgeries to correct the scarring to her face. RECOMMENDATION Our office does not recommend approval of the proposal for settlement in the amount of $45,000.00, however, we would recommend a counteroffer of $19,500.00, inclusive of attorney's fees and costs, which we believe the Plaintiff will accept. The City's third party adjuster, Gallagher Bassett, also concurs in this offer. MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 10, 2008 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Community Redevelopment Agency. BACKGROUND The term for Mr. William Branning will expire on July 1, 2008. Mr. Branning will have served an unexpired term, is eligible and would like to be considered for appointment. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None where found with the exception of Ms. Nancy Stewart who has a code violation for watering on an improper day. The case history report is attached for your review. Voter registration verification was completed and all are registered with the exception of Mr. Percy Mejia. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve a four (4) year term ending July 1, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to the Community Redevelopment Agency to serve a four (4) term ending July 1, 2012. COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Beach, FL 33444 06/07 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01 /2009 Peter Arts Life Insurance Amt o7/05/05 t 07/01 /2011 Thomas F. Carney, Jr. Attorney Appt 06/17/03 Re t 06/19/07 07/01 /2009 Veronica Covington UnexpAppt 02/20/07 ~~{-~T Surveillance 07/01 /2010 Howard Lewis, Vice Qiair Business Owner Unexp Appt 04/15/03 Re t 06/20/06 07/01 /2008 William Sranning unexp Amt o5/02/06 Contractor 07/01 /2009 Angeleta Gray Business Owner/ Unexp Appt 11 /21 /06 COSrnetOlO t 07/01 /2009 Franklin Wheat, Qiair Realtor Unexp Appt 04/15/03 Re A t 07/05/05 Contact person: Diane Colonna 276-8640 S/City Clerk/Board 07/CRA Commission Liaison: Commissioner Brenda Montague (Primary Member) Commissioner Gary Eliopoulos (Alternate Member) COMMUNITY REDEVELOPMENT AGENCY EXHIBIT "A" William Branning Business Owner/Certified General Contractor Incumbent Mark Denkler Business Owner (currently serving on the Parking Management Advisory Board) Joe Farkas Manager/Banking Joseph Ferrer EntertainmentBusiness Owner (currently serving on the Police Advisory Board) Gerald Franciosa Retired/Law Enforcement (also applying for the Code Enforcement Board and the Police Advisory Board) James Houck Property Management (currently serving on the Board of Adjustment) Loren Levinson Educator George Maso Real Estate (also applying for the Police Advisory Board) Percy Mejia Project Manager/Architecture Albert Richwagen Business Owner (also applying for the Code Enforcement Board) Jeff Ritter Educator (also applying for the Police Advisory Board) Alexia Rouquette Director of Marketing & Public Relations Jerome Sanzone Building Official Sam Shannon Director of Community Development Seabron Smith Executive Director Nancy Stewart Business Owner (currently serving on the Downtown Development Authority) Harold Van Arnem Developer/Real Estate (currently serving on the Education Board and the Neighborhood Advisory Council) MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 10, 2008 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before City Commission for appointments to the Code Enforcement Board. BACKGROUND Mr. Mackensen Bernard, alternate member on the Code Enforcement Board, submitted his resignation effective May 30, 2008. The resignation letter is attached for your review. This creates a vacancy for an alternate member to serve an unexpired term ending January 14, 2010. Secondly, Mr. George Thacker was an alternate member on the Code Enforcement Board but was appointed as a regular member at the City Commission meeting of June 3, 2008. This creates a vacancy for an alternate member to serve an unexpired term ending January 14, 2010. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The current Board membership does not include an engineer, subcontractor, or a realtor. The following individuals have submitted applications and would like to be considered for appointment: Name Background Shannon Dawson Real Estate Consultant/Business Owner Gerald Franciosa Retired-Law Enforcement (also applying for the Community Redevelopment Agency and the Police Advisory Board) Albert Richwagen Business Owner Frank Rozzo President-Roofing Karla Vaillancourt Graphic Operations Manager A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5) for two (2) alternate members to serve unexpired terms ending January 14, 2010. RECOMMENDATION Recommend appoint of two (2) alternate members to the Code Enforcement Board to serve unexpired terms ending January 14, 2010. CODE ENFORCEMENT BOARD 06/08 TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2010 George Thacker Accounts Layperson Unexp Appt 03/20/07 Manager Unexp Reg 06/03/08 01 /14 /2010 Stanley Srodka Financial Services Layperson tmexp Appt 09/05/06 Re t 01/02/07 Re 01 /14 /2011 Kelli Freeman Staffing Manager Business Person Appt 01/03/08 reg Unexp Appt 10/2/07 alt 01 /14 /2010 David Hawke, Qiair Architect Architect Unexp Appt 01/07/03 Unexp Regular Appt 04/15/03 Reappt 01/06/04 Re t 01/02/07 01 /14/2009 Robert Marks Construction General Contractor Unexp Alt Appt 01/07/03 Unexp RegAppt 04/15/03 Re t 02/07/06 01 /14/2009 Anthony Veltri Retired/General Layperson Alt Amt o1/02/01 Adjuster Unexp Regular Appt 02/02/01 Reappt 01/07/03 Re t 01/17/06 01 /14/2009 Mark Behar, Vice Qiair Property Mgmt. Layperson Appt. 09/09/03 alt Unexp Appt 10/05/04 Reappt 02/07/06 ALTERNATES 01/14/2010 Vacant Unexp Appt 01/14/2010 Vacant Unexp Appt Contact: Danise Cleckley 243-7213 S/City Clerk/Board 08/Code Enforcement Board ~cuay ~cacri, i ivaAUa . {Work) (561} 819-6319 (Fax) (561) 819-6316 (Home) (561} 638-8804 E-mail: rnackCc~bernardtitle.coni Caty Commission City of Delray Beach 100 NW 15` Avenue Delray Beach, Florida 33445 Code Enforcement Board City of Delray Beach 100 NW 1S` Avenue Delray Beach, Florida 33445 Dear City Commission and Code Enforcement Board: May 29, 2008 I axrt submitting my resignation as an Alternate Iblember on the Code Enforcement Board of the City of Delray Beach effective May 30, 2008, because I have accepted a position as a Traffic Hearing Officer in the 15th Judicial Carcuit commencing July 1, 2008. This position is contingent upon my resignation as an Alternate Member on the Code Enforcement Board of the City of Delray Beach due to a constitutional conflict of interest. I am grateful for the opportunity that I was given to serve, and leave with a deep admiration for the men and women of the Code Enforcement Board who dedicate their tinnes and talents to make the City of Delray Beach a safer and better place to live. Their faith in the Board's mission is an inspiring example to those who still believe that government should stand for the public interest. Although, today I am resigning from my official position my commitment to public service is unwavering, and I will remain active and contribute in any way I can to the betterment and prosperity of our beautiful Delray Beach. Sincerely, Mackenson Bernard LL.M. Gi~Y c~~~~ MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 12, 2008 SUBJECT: AGENDA ITEM 9.,T. -REGULAR COMMISSION MEETING OF ,TUNE 17, 2008 APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE ITEM BEFORE COMMISSION This item is before City Commission for appointments to the Affordable Housing Advisory Committee. BACKGROUND On April 1, 2008, the Delray Beach City Commission adopted Resolution No. 12-08 establishing the Affordable Housing Advisory Committee as required by state law for the purpose of recommending incentives for affordable housing to the City Commission. The Affordable Housing Advisory Committee shall consist of eleven (11) members that meet the following criteria: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) One citizen who is actively engaged as afor-profit provider of affordable housing. (f) One citizen who is actively engaged as anot-for-profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to Section 163.3174. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. (j) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. The following individuals have submitted applications and would like to be considered for appointment. Please note that applicants have been placed in categories for which they are eligible and may therefore appear in more than one category. (See Exhibit "A" attached) (Applicants are listed by categories; however, the applications are in alphabetical order.) A check for code violations and/or municipal liens was conducted. None were found with the exception of Ms. Anna Billingsley who has a code enforcement lien on her property in the amount of $2,680.00 for operating a business out of a residence without an occupational license, as well as, a code enforcement violation for renting without a landlord permit. In addition, Ms. Billingsley has a utility billing lien on her property for several months of unpaid water bills totaling $1,412.69. She also has a second account with an outstanding balance of $184.15 for four months of service. Voter registration verification was completed and all are registered with the exception of Theresa Gardner-Williams. Based on the rotation system, the appointments will be made as follows: (See Exhibit "B" attached) Please note that since some individuals are listed in mulitple categories on the applicant list, some appointments may need to be deferred if applicants are no longer available for a particular category due to already being appointed to a previous category. RECOMMENDATION Recommend appointment of five (5) regular members to serve one (1) year terms ending June 17, 2009, and six (6) regular members to serve (2) years terms ending June 17, 2010, to the Affordable Housing Advisory Committee. AFFORDABLE HOUSING ADVISORY COMMITTEE EXHIBIT "A" a). One citizen who is actively engaged in the residential home building industry in connection with affordable housing: • Connie Staundinger • William Hatcher b.) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing: • Wanda Gadson • Regina Hands c.) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing: • William Hatcher d.) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing: • Evelyn Dobson • Carmelita Smith • Dorothy Ellington e.) One citizen who is actively engaged as afor-profit provider of affordable housing: • William Hatcher • Connie Staundinger f.) One citizen who is actively engaged as anot-for-profit provider of affordable housing: • Carmelita Smith • Dorothy Ellington • Evelyn Dobson g.) One citizen who is actively engaged as a real estate professional in connection with affordable housing: • Wanda Gadson • Alberta McCarthy • Bernard Mackenson • Anna Billingsley h.) One citizen who actively serves on the local planning agency pursuant to Section 163.3174: • Charles Halberg (currently serving on the Planning & Zoning Board) AFFORDABLE HOUSING ADVISORY COMMITTEE EXHIBIT "A" i.) One citizen who resides within the jurisdiction of the local governing body making the appointments: • Mackenson Bernard • Anna Billingsley • Cory Cassidy (currently serving on the Kids and Cops Committee) • Evelyn Dobson • Wanda Gadson • Theresa Gardner-Williams • Regina Hands • William Hatcher • Alberta McCarthy • Ferline Mesidort • Derline Pierre-Louis • Carmelita Smith • Sandra Weatherspoon j.) One citizen who represents employers within the jurisdiction: • Sandra Weatherspoon k.) One citizen who represents essential services personnel, as defined in the local housing assistance plan: • Gerald Crocilla (currently serving on the Education Board) AFFORDABLE HOUSING ADVISORY COMMITTEE EXHIBIT `B" Term Expiration Date Tune 17, 2009 (One year term) Tune 17, 2009 (One dear term) Tune 17, 2009 (One year term) Tune 17, 2010 (One year term) Tune 17, 2010 (One dear term) Tune 17, 2010 (Two year term) Tune 17, 2010 (Two dear term) Tune 17, 2010 (Two year term) Tune 17, 2010 (Two year term) Tune 17, 2010 (Two dear term) Tune 17, 2010 (Two year term) Commissioner/Mayor to appoint Category to Appoint Commissioner Eliopoulos (Seat #1) A Commissioner Fetzer (Seat#2) B Commissioner McDuffie (Seat #3) C Commissioner Montague (Seat #4) D Mayor Ellis (Seat #5) E Commissioner Eliopoulos (Seat #1) F Commissioner Fetzer (Seat #2) G Commissioner McDuffie (Seat #3) H Commissioner Montague (Seat #4) I Mayor Ellis (Seat #5) 7 Commissioner Eliopoulos (Seat #1) K MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 10, 2008 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 APPOINTMENTS TO THE CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before City Commission for appointments to the Civil Service Board. BACKGROUND The term for Ms. Emily Dobard, Ms. Kristin Christensen and Ms. Elaine Calabrese will expire on July 1, 2008. Ms. Dobard will have served one (1) full term, is eligible and would like to be considered for reappointment. Ms. Calabrese will have served an unexpired term as an alternate, is eligible and would like to be considered for reappointment as an alternate. Ms. Christensen will have served two (2) full terms and is not eligible for reappointment. Appointments are needed for two (2) regular members and one (1) alternate member. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted applications and would like to be considered for appointment: Name Background Elaine Calabrese Retired-Principal Clerk/Typist Incumbent Emily Dobard Educator Incumbent Sidney Grossman Retired-Civil Service Employees Association/Law Enforcement (currently serving on the Public Employees Relations Commission) Kathy Shackman Mortgage Consultant (also applying for the Police Advisory Board) Larry Zalkin Financial Advisor/Director A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3) for two (2) regular members to serve two (2) year terms ending July 1, 2010, and Commissioner Montague (Seat #4) for one (1) alternate member to serve a two (2) year term ending July 1, 2010. RECOMMENDATION Recommend appointment of two (2) regular members and one (1) alternate member to the Civil Service Board to serve two (2) year terms ending July 1, 2010. CIVIL SERVICE BOARD 05/08 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2008 EmilyDobard, Chief Examiner Unexp Appt 06/21 /05 Educator Re t 06/20/06 04/30/2009 Lanelda Gaskins, Vice Qiairperson Elected 04/26/07 Re-elected 04/30/08 Executive Assistant/Agenda Coordinator 07/01 /2008 Kristin QZristensen Amt o6/08/04 Vice President-Sales Re t 06/20/06 04 /30 /2009 Jennifer Reynolds, QZairperson Elected o4/27/05 Network Engineer Re-elected 04/26/06 Re-elected 04/26/07 Re-elected 04/30/08 04 /01 /2009 Eric Lockman Attorney Unexp Appt 10/25/05 alt Reappt 07/11/06 alt Appt 03/20/07 reg ALTERNATES 07/01/2008 Elaine Calabrese Retired Principal unexp Amt o2/19/08 Clerk/Typist 04/30/2009 Scott Aronson Elected 04/26/06 reg Re-elected 04/26/07 alt Re-elected 04/30/08 alt Parking Management Specialist Contact: Venice Cobb 243-7056 S/City Clerk/Board 07/Civil Service MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 10, 2008 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Police Advisory Board. BACKGROUND Ms. Sharon Austin, regular member of the Police Advisory Board, verbally resigned on May 12, 2008. This creates a vacancy for one (1) regular member to serve an unexpired term ending December 13, 2008. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Samuel Menard. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve an unexpired term ending December 13, 2008. RECOMMENDATION Recommend appointment of one (1) regular member to the Police Advisory Board to serve an unexpired term ending December 13, 2008. 01/08 POLICE ADVISORY BOARD TERM EXPIRES NAME & ADDRESS 12/13/09 Sinam Al-Khafaji Appt 01/15/08 12/13/08 Annette Annechild, Vice Chair Appt 12/13/05 12/13/08 Sharon Austin Appt 12/13/05 12/13/08 Joshua Bressler Appt 12/13/05 12/13/09 Walter Earley Appt 01/03/08 12/13/09 Joseph Ferrer Appt 12/13/05 Re t 01/03/08 12/13/09 Vanessa Francois Unexp Appt 6/19/07 Reappt 01/03/08 (Student) 12/13/08 Jose Herrera, Vice Chair Unexp Appt 06/20/06 12/13/09 Joseph Ingram Jr. Appt 01/03/08 12/13/08 John Jackson Appt 12/13/05 12/13/08 Grace Maybee Unexp Appt 06/19/07 (Student) 12/13/08 Jimmy Weatherspoon Appt 12/13/05 12/13/09 Shelly Weil, Chair Appt 01/17/06 Reappt 01/03/08 City of Delray Beach Police Advisory Board -Applicants Exhibit "A" 1. Claxton, Wyana Resident 2. Dollard, Jason ResidentBusiness Owner 3. Federgreen, Bernard Resident 4. Fenoglio, Laura Resident 5. Franciosa, Gerald Resident 6. Gold, David ResidentBusiness Owner 7. Hallahan, John Resident 8. LaManna, Gregory Resident 9. Major-Hanna, Ellen African American Resident 10. Make, Isabel Resident 11. Marks, Eileen Resident 12. Maso, George Resident 13. Menard, Samuel Resident 14. Monahan, Matthew Resident 15. Prior, Linda Resident 16. Ritter, Jeff Resident 17. Rosen, Ned Resident 18. Shackman, Kathy Resident 19. Shell, Robert Resident MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney DATE: June 16, 2008 SUBJECT: AGENDA ITEM 9.M. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 HIRING OF OUTSIDE COUNSEL IN CASE OF STACEY LEWIS V. CHRIS MCMURRAY AND CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Hiring of outside counsel in case of Stacey Lewis v. Chris McMurray and City of Delray Beach. BACKGROUND Our office recommends that we retain Fred Gelston to act as outside trial counsel in the case of Stacey Lewis v. Chris McMurray and City of Delray Beach. This case stems from a dog bite incident that took place on August 11, 2007 at 117 George Bush Blvd. Fred Gelston's rate is $125.00 per hour. RECOMMENDATION The City Attorney's Office recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney DATE: June 16, 2008 SUBJECT: AGENDA ITEM 9.N. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 HIRING OUTSIDE COUNSEL IN THE CASE OF HAUPTFUHRER V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Hiring of outside counsel in the case of Robert Hauptfuhrer v. City of Delray Beach, et al. BACKGROUND After Hurricane Wilma in 2005, Mr. Hauptfuhrer's boat was impaled on the City's dock at the City's Marina and after many failed attempts to notify Mr. Hauptfuhrer that he needed to move the boat due to safety issues, the boat was removed from the dock and towed away on a barge by the City's contractor, Vance Construction. Mr. Hauptfuhrer has filed suit against the City, Joe Weldon, and Susan Ruby, alleging civil theft, conversion, and conspiracy. The City Attorney's Office would like to appoint Fred Gelston as outside counsel in this case. His hourly rate is $125 per hour. RECOMMENDATION The City Attorney's Office recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: June 11, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 ORDINANCE N0.24-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION The item before the City Commission is that of approval of a text amendment to LDR Section 4.4.3(F) [Single Family Residential (R-1) District -Development Standards] and Article 4.5 [Overlay and Environmental Management Districts] to establish the Lake Ida Neighborhood Overlay District and associated design guidelines. BACKGROUND The purpose of the overlay district and associated design guidelines is to encourage new houses and building additions that are compatible with the character of the neighborhood. The boundaries of the overlay district are generally described as NW 22nd Street on the north, Lake Ida Road to the south, Swinton Avenue to the east, and Interstate 95 to the west. This area is commonly known as the Lake Ida neighborhood. The neighborhood consists of single family homes and includes R-1-AA, R-1-AAA, and R-1-AAAB single family zoning districts. The City of Delray Beach received the attached letter dated March 6, 2008 from the Lake Ida Neighborhood Task Force that identifies the requested changes to the development regulations within the proposed Lake Ida Neighborhood Overlay District. The changes involve the following topic areas: ^ Maximum lot coverage ^ Maximum floor area ratio (FAR) ^ Maximum percentage FAR for 2nd floors ^ Modify front and rear yard setbacks for 2-story homes ^ Propose a definition for `floor area ratio' ^ Introduce landscape requirements At its meeting of Apri121, 2008, the Planning and Zoning Board considered and approved the initiation of the amendment to the Land Development Regulations to establish the Lake Ida Neighborhood Overlay District and associated guidelines. At this meeting, the Board requested that the proposal be scheduled for a workshop prior to consideration at a public hearing. The Planning and Zoning Board conducted the workshop on May 12, 2008. At this meeting a representative of the Lake Ida Property Owner's Association (LIPOA) described the proposed changes. Further, City staff discussed recommended changes with respect to the Floor-Area-Ratio (FAR) definition, the changes to the front setback as it relates to R-1-AAA and R-1-AAAB zoning districts, and the need to clarify maximum heights for first floors as well as upper floors. At its meeting of May 19, 2008, the Planning and Zoning Board considered the proposed text amendment. Following discussion of the proposed text amendment, the Planning and Zoning Board voted 6 to 1 (Zacks dissenting) to recommend approval of the staff version of the overlay district and design guidelines as noted in Exhibit "A" of the attached Planning and Zoning staff report dated May 19, 2008. The reasoning behind this recommendation is to address several issues that were not included with the LIPOA version. It was noted that the version proposed by the LIPOA identified requirements for the second story of houses. However, the R-1-AA, R-1-AAA, and R-1-AAAB allow for a building height of 35 feet, which would accommodate a three story house. Thus, staff recommended that the references to a two-story house be changed to the "upper story" of a house. The FAR definition was clarified to specify the areas that are not included in the FAR calculation. The proposed front and rear setbacks for the R-1-AAA and R-1-AAAB zoning also were modified to achieve the 5-foot offset originally envisioned by the task force. A definition of first floor and upper floor heights is included within the text amendment to ensure that the massing of new houses and additions is consistent with the intent of the ordinance. Finally, the character of the properties with frontage on Lake Ida consists typically of larger lots and homes. The FAR for these properties is increased to 0.40 and the 75% of the first floor maximum rule eliminated for the upper floors. It is noted that all of the changes suggested by staff with the exception of the increase for lake lots from 0.35 to 0.40 were considered by the LIPOA and supported. The City Commission approved the staff version of Ordinance 24-08 at the June 3, 2008 meeting with the incorporation of several changes (changing "second story" to "upper story" in one of the sections and rewording the definition of "Floor Area Ratio). RECOMMENDATION By motion, approve on second reading the Ordinance [Staff Version] to amend Land Development Regulations (LDR) Section 4.4.3(F) [Single Family Residential (R-1) District - Development Standards] and Article 4.5 [Overlay and Environmental Management Districts] to establish the Lake Ida Neighborhood Overlay District and associated design guidelines, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). ORDINANCE NO. 24-08 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", BY AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT", BY AMENDING SUBSECTION (F), "DEVELOPMENT STANDARDS", TO PROVIDE DEVELOPMENT STANDARDS FOR THE LAKE IDA NEIGHBORHOOD OVERLAY DISTRICT; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRON1ViENTAL MANAGEMENT DISTRICTS", BY ENACTING A NEW SECTION 4.5.16, "LAKE IDA NEIGHBORHOOD OVERLAY DISTRICT", TO CREATE A NEW OVERLAY DISTRICT FOR THE LAKE IDA NEIGHBORHOOD; AMENDING APPENDIX "A", "DEFIl~IITIONS", TO ENACT A NEW DEFINITION FOR "FLOOR AREA RATIO"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 19, 2008 and voted 6 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article 4.3, "District Regulations, General Provisions", Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection (F'), "Development Standards", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follow: (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (1) In addition to the provisions of Section 4.3.4(K), properties located within the North Seach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Seach Property Owners Design Manual for the North Seach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to lirrdtations on height, width, mass, scale, materials, color, style, fortry and square footage. (2) In addition to the provisions of Section 4.3.4(K~properties located within the Lake Ida Neighborhood Overlay District shall comply with the following regulations: (a) Maximum Lot Covera 1. Fort percent (40%) for one story houses 2. Thirtypercent (30%) for multi-story houses The maximum Floor Area Ratio is .35 for amulti-story house. Property with frontage on Lake Ida are allowed a Floor Area Ratio of .40 for a multi story house. (c) The area of the upper floors shall not be greater than seventy-five percent (75%) of the area of the first floor. Properties with frontage on Lake Ida are allowed to have upper floors with up to 100% of the area of the first floor. (d) Minimum setback for multi-story homes in the R-1-AA zoning district shall be twenty-five feet (25') for the front yard and fifteen feet (15') for the rear yard. (e) Minimum setback for multi-story homes in the R-1-AAA and R-1- AAAB zoning districts shall be thirty feet (30') for the front yard and seventeen feet (17') for the rear (fl Additional landscapin~quired for both new multi-story houses or additions to existing multi-story houses shall be as follows: 1. New houses: landscaping requirements shall be the same as the Beach Districts as provided in the Beach Property Owners Design Manual for the North Beach and Seams Neighborhoods. 2. Additions: supplemental landscaping shall be provided along that portion of the house where the new upper floor addition occurs within 5' of the minimum required setback lines. The intent of the requirement is to soften and screen the upper story addition and shall generally consist of additional vertical landscaping which would include fourteen foot (14') shade trees or eighteen foot (18') Palm trees at spacings determined by the City Landscape Department to be sufficient to meet the intent of this requirement. ORD NO.24-08 (g) First Floor Maximum Heim 1. Single-story or first floor limits shall be established b~ a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). b. Andportion exceeding the dimensions described in Section 4.4.3(F)(2)(g)l.a. above shall be considered multi-story structures. (h) Upper Story Height: 1. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). Section 2. That Article 4.5, "Overlay and Environmental Management Districts" of the Land Development Regulations of the City of Delray Seach, Florida, shall hereby be amended by enacting a new Section 4.5.16, "Lake Ida Neighborhood Overlay District" to read as follows: Section 4.5.16 Lake Ida Neighborhood Overlay District: A) The Lake Ida Neighborhood Overlay District is hereby established as the area bounded by NW 22nd Street on the north, Swinton Avenue on the east, Lake Ida Road on the south, and~Interstate 95 on the west for the properties that are zoned R-1-AA (Single Farruly Residential), R 1-AAA (Single Family Residential), and R-1-AAAB (Single Family residential All development within the overlay district is subi ect to the svecial vrovisions included within the Single Family Residential (R-1, Districts. Section 3. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Seach, Florida, shall hereby be amended to read as follows: Floor Area Ratio The term "Floor Area Ratio" shall mean the ratio of the "total floor area' of the structure(s) to the area of the lot. "Total Floor Area' shall be defined as the gross horizontal areas of all floors of all buildings measured from the exterior walls or other t~~pes of enclosures and shall include garages, carports and port- cocheres. The floor areas of attics (unless used as a livingT~ enclosed decks or patios, covered porches, exterior balconies (covered or uncovered) or crawl spaces are excluded from the total floor area used in the Floor Area Ratio calculation. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or Ord be declared by a court of competent jurisdiction to be invalid, ORD NO.24-08 such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. MAYO R ATTEST: City Clerk First Reading Second Reading 4 ORD NO.24-08 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MAY 19, 2008 AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO ESTABLISH THE LAKE IDA NEIGHBORHOOD OVERLAY DISTRICT AND ASSOCIATED DESIGN GUIDELINES. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a text amendment to LDR Section 4.4.3(F) [Single Family Residential (R-1 }District - Development Standards] and Article 4.5 [Overlay and Environmental Management Districts]. The intent of the amendment, is to create the Lake Ida Neighborhood Overlay District and apply associated design guidelines. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND The purpose of the overlay district and associated design guidelines is to encourage new houses and building additions to be compatible with the character of the neighborhood. The boundaries of the overlay district are generally described as NW 22"d Street on the north, Lake Ida Road to the south, Swinton Avenue to the east, and Interstate 95 to the west {location map attached). This area is commonly known as the Lake Ida neighborhood. The neighborhood consists of single family homes and includes the R-1-AA, R-1-AAA, and R-1-AAAB single family zoning districts. The City of ^elray Beach received the attached letter dated March 6, 2008 from the Lake Ida Neighborhood Task Force that identifies the requested changes to the development regulations within the proposed Lake Ida Neighborhood Overlay District. The changes involve the following topic areas: ^ Maximum lot coverage ^ Maximum floor area ratio (FAR} ^ Maximum percentage FAR for 2"d floors ^ Modify front and rear yard setbacks for 2-story homes Propose a definition for `floor area ratio' ^ Introduce landscape requirements At its meeting of April 21, 2008, the Planning and Zoning Board considered and approved the initiation of the amendment to the Land Development Regulations to establish the Lake Ida Neighborhood Overlay District and associated guidelines. At this meeting, the Board requested that the proposal be scheduled far a workshop prior to consideration at a public hearing. Planning and Zoning Board Staf€ Report Amendment of the LDRs to Create the Lake Ida Neighborhood Overlay and Associated Design Guidelines The Planning and Zoning Board conducted the workshop on May 12, 2Q08. At this meeting a representative of the Lake Ida Property Owner's Association (LIPOA) described the proposed changes. Further, City staff discussed recommended changes with respect to the Flaar-Area- Ratio (FAR) definition, the changes to the front setback as it relates to R-1-AAA and R-1-AAAB zoning districts, and the need to clarify maximum heights for first floors as well as upper floors. ANALYSIS As noted in the background section of this report, the LIPOA submitted the proposed text amendment to address the compatibility of new homes and building additions with the character of the neighborhood. This section of the Staff Report provides staff recommendations to strengthen the proposed text amendment and provides a comparison of the proposed changes against the existing development regulations. LOT COVERAGEIMAXIMUM FARIMAXIMUM 2N° FLOOR FARISETBACKS The following table identifies the proposed changes and current development regulations: Pro aced Existin Overla District i R-1-AA; R~1-AAA R-1-AAAB Maximum Lot Coverage 40% one-stor house None None None 30% two-stor house None None None Maximum Floor Area Ratio .35 for two-stor house None None Nane Maximum 2" Floor Area Percenta e 75% of first floor None None None Minimum Front Setback 25' for two-stor houses 30' 35' 35' Minimum Rear Setback 15' for two-stor houses 10' 12' 12' These requirements provide thresholds that would appear to prohibit very large houses within the neighborhood and provide increased setbacks to the rear of new structures. Staff is recommending some changes to the language as it relates to the front and rear setbacks for two-story houses. As written, the proposed changes would increase the rear setback from 1Q feet and 12 feet to 15 feet. Conversely, the modification would decrease the front setback from 34 feet and 35 feet to 25 feet. The purpose of this setback is to reduce the impact on adjacent properties by increasing the building separation from the neighboring properties to the rear. The staggered front setback proposed by the task force was to represent a 5-foot reduction, however, it did not account for the increased requirements of the R-1-AAA and R-1-AAAB zoning districts. The LIPOA has verified that it was the intent of this regulation to only apply a 5- foot offset for multi-story houses in a!I districts within the overlay district. Thus, the off-set would need to be changed to a front setback of 30 feet and a rear setback of 17 feet in the R-1-AAA and R-1-AAAB zoning districts. The modified staff version of the amendment attached as Exhibit "A" accommodates this change. At the Workshop meeting, certain members of the Board expressed concerns with the FAR requirement. To address these concerns, additional information has been collected by the applicant (not verified by staff} from representative blocks throughout the neighborhood. The following table provides a sampling of average subdivision blocks, and the existing and proposed development potential of each of the proposed changes on typical lot sizes and house sizes within the overlay district: 2 Planning and Zoning Board Staff Report Amendment of the LDRs to Create the Lake Ida Neighborhood Overlay and Associated Design Guidelines Location Lot -Size (Square Feet) , .__ Average House Size (Square Feef} and Corresponding FAR Range of House Sizes (Square Feet)r, .,_ .W..... -_ _ Proposed: FAR Cap (square Feet _.... :Average Expansion :with Cap S uare Feet NW 17 St.* 7,605 1,975 .26 1,546-2,273 2,662 687 NW 18 St. 10,160 2,260 .23 1,900-3110 3,556 1,272 NW 17 St.** 10,160 2,077 .20 1,449-2,455 3,556 1,479 Pine Lane 8,250 1,$65 .23 1,500-2306 2,888 1,014 Dale Lane 8,250 1,769 .22 1,390-2,322 2,888 1,120 NW 6 Street 14,300. 2,934 .21 2,110-3,934 5,005 2,071 NW 5 Street 14,300 2,712 .19 1,965-3,177 5,005 2,293 NW 16 Street 12,285 1,759 .14 956-2,568 4,300 2,541 Eldorado Lane 11,000 2,745 .25 1,924-3,446 3,850 1,150 Gardina Ter. 11,000 2,707 .24 2,186-3,851 3,850 1,143 *Between NW 2"d Avenue and NW 4th Avenue **Between NW 2"d Avenue and Swinton Avenue As evidenced by this chart, the current FAR proposal appears to be well above the average FAR's for the neighborhood and would allow substantial improvements to existing structures. As noted in the workshop, concerns over the impact of the FAR regulations on smaller lots would appear unfounded. Using the two graphic examples far 7200 and 8850 lots attached to this report, without the proposed FAR regulations houses of 3,780 and 4,646 square feet respectively could be built. These square footages represent an FAR of .52, which clearly exceed the scale and mass of typical development in the neighborhood. While staff feels the FAR of .35 is appropriate for the majority of lots, the Board may want to consider additional flexibility for lots having frontage on Lake Ida. It is noted that the properties that border Lake Ida are typically larger and have larger houses. Thus, the Planning and Zoning Board may want to consider increasing the development requirements for these properties to a FAR of .40 and eliminate the 75% rule for the upper stories. This addition would allow the construction of new homes or additions to maintain the character with the existing development pattern of properties with lake frontage. It is also noted that the changes submitted by the applicant refer only to requirements associated with the second story of a house. Since the district regulations could allow for a three story house, the reference to "second floor" should be changed to "upper floors." The modified staff version of the amendment attached as Exhibit "A" accommodates the recommendations for lake lots (FAR) and references to upper story versus second story. Further, the attached sketch plans graphically depict the effect of the proposed design changes for several lot sizes that are typical within the overlay area These sketch plans identify the size of houses that could be built under the proposed standards on the selected lot sizes. DEFINITION OF "FLOOR AREA RATIO" The proposed development regulations include a definition of the Floor Area Ratio (FAR). To specify the building area to be included in the FAR calculation, the Lake Ida Neighborhood Task Force submitted the following definition: "The term Floor Area Ratio shall mean the ratio of fhe `iota! floor area" of fhe structure(s) to the area of the lot. "Tots! Floor Area" shall be defined as the gross horizontal areas of al! floors of a!1 buildings measured from the exterior walls or other types of enclosures and shall include 3 Planning and Zoning (3oard Staff Report Amendment of the LDRs to Create the Lake Ida Neighborhood Overlay and Associated Design Guidelines garages, carports and port cocheres, excluding attics (unless used as a living space), enclosed decks or patios, covered porches, exterior balconies (covered or uncovered) or crawl spaces." There is a concern with respect to the proposed definition of "Floor Area Ratio." The building areas that are excluded from the calculation of "total floor area" should be more clearly delineated. Thus, the following excerpt from the proposed definition should be revised accordingly: "...shall include garages, carports and port-cocheres. The floor areas of attics (unless used as a livfig space), enclosed decks or patios, covered porches, exterior balconies (covered or uncovered) or crawl spaces are excluded from the total floor area used in the Floor Area Ratio calculation. " The modified staff version of the amendment attached as Exhibit "A" accommodates this change. During the Planning and Zoning Board workshop, it was noted that there was no definition of a first hoar. Thus, a "single-story" house with a unique design could have a height of 35 feet without having to comply with the maximum lot coverage, 1=AR, or setbacks that apply to a multi- story residence. This scenario would result in the same massing issue that the proposed development regulations are intending to avoid. In order to address this issue, the following definition of the maximum floor heights should be included in the text amendment: First Floor Maximum Height: a. Single-story or frst floor limits shall be established by: Height from finished floor elevation to top of beam {tie or bond) shall not exceed fourteen feet (14'). Any portion exceeding the dimensions described in i. above shall be considered multi-story structures. Upper Story Height: a. Height firom finished floor elevation to finished floor elevation or top of beam (tie or bond} shall not exceed twelve feet {12') per story. The modified staff version of the amendment attached as Exhibit "A" accommodates this change. LANDSCAPE REQUIREMENTS The landscape changes address the buffering for new two-story houses and 2"d floor additions. The proposed changes for new two-story houses are 'the same as the landscape requirements for new two-story houses in the attached Beach Property Owners Design Manual. However, the proposed changes for existing houses that propose a new 2"d story or addition would require the provision of a 14 foot shade tree every 10 feet or an 18 foot Palm tree every 8 feet along the side of the property affected by the addition. While there was some concern expressed by the Board with the proposed spacing of this landscape ir~aterial, it should be noted each plan will be 4 Planning and honing Board Staff Report Amendment of the LDRs to Create the Lake Ida Neighborhood Overlay and Associated Design Guidelines reviewed by the Building Division {landscape department) and only those species appropriate for the proposed spacing requirements will be approved. REQUIRED FINDINGS LDR Section 2.4.5 M 5 Amendment to the Land Develo ment Re ulations Findin s: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. Policy A-12.4 of the Housing Element - The City will provide planning and technical assis#ance to implement neighborhood initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies far designation as a historic district, and similar measures. As noted earlier in this staff report, the proposed text amendment is an initiative of the Lake lda Neighborhood Association. It is also noted that the City has received the attached correspondence regarding the proposed text amendment. The processing of the text amendment furthers the Goals, Objectives, and Policies of the Comprehensive Plan in accordance with LDR Section 2.4.5(M}{5). `»SUMMARY As noted earlier in this staff report, the proposed text amendment is an initiative of the Lake Ida Neighborhood Association. it is also Hated that the City has received the attached correspondence regarding the proposed text amendment that express concerns with respect to the proposed changes. The processing of the text amendment furthers the Goals, Objectives, and Policies of the Comprehensive Plan in accordance with LDR Section 2.4.5{M){5}. However, there are several issues that should be addressed with the proposed modification. The FAR definition should be clarified to specify the areas that are not included in the calculation. The proposed front and rear setbacks for the R-1-AAA and R-1-AAAB zoning should be modified to require a front setback of 30 feet versus 25 feet as proposed and a rear setback of 17 feet ra#her than 15 feet as submitted. A definition of first floor and upper floor heights should be included with the text amendment to ensure that the massing of new houses and additions is consistent with the intent of the ordinance. Finally, the character of the properties with frontage on Lake Ida consists typically of larger lots and homes. The FAR for these properties should be increased to .40 and the 75% maximum rule for upper floors should be eliminated. The attached ordinance identifies the changes as proposed by L[POA. The modifications to the proposed text amendment as identified by staff are delineated in Exhibif "A." It is noted that the three of the changes suggested by staff were considered by the LIPOA and supported. The adjustment to the FAR {.40 and exempting the 75% rule for upper floors for lake lots) were not considered by the LIPOA. REi/IEW SY OTHERS The Lake Ida Neighborhood is not located in an area that requires consideration by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA}. 5 Planning and Zoning Board Staff Report Amendment of the LDRs to Create the Lake Ida Neighborhood Overlay and Associated Design Guidelines RECOMMENDED ACTIONS Move a recommendation of approval to the City Commission far the text amendment as noted in Exhibit "A" [Alternative Staff Ordinance] to LDR Section 4.4.3(F) [Single Family Residential {R-1} District ~- Development Standards] and Article 4.5 jOveriay and Environmental Management Districts] to create the Lake Ida Neighborhood Overlay District and apply associated design guidelines, by adapting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: ^ Exhibit "A" [Alternative Staff Ordinance] ^ Location Map ^ Letter from Sam Shannon dated March 6, 2008 ^ Beach Property Owners Design Manual Landscape Regulations ^ Sketch Plans ^ Letters of Support and Opposition ^ LiPOA Proposed Ordinance 6 Planning and Zoning Board Staff Report Amendment of the LDRs to Create the Lake Ida Neighborhood Overlay and Associated Design Guidelines EXHIBIT "A" ALTERNATIVE STAFF ORDINANCE Section 1. That Article 4.3, "District Regulations, General Provisions", Section 4.4.3, "Single Family Residential {R-1) Districts", Subsection {F), "Development Standards", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: {1) In addition to the provisions of Section 4.3.4(K), properties located within the North BeachlSeagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. 2 In addition to the rovisions of Section 4.3.4 K ro erties located within the Lake Ida Ne_ ighborhood Overlay District shall comply with the following regulations: ~ ~ ~ ~~~~~ {a} Maximum Lot Coverage: (i) Forty percent (40%} fo,r one story houses ii Thirty percent (30%) for multi-story houses b The maximum Floor Area Ratio is .35 for a multi-sfo house. Pro erf with fronfa eon Lake !da are allowed a Floor Area Ratio of .40 for a multi stony house. (c) .The area of the upper floors shall not be greater than savant -five ercent 75% of the area of the first floor. Pro erties with fronfa a on Lake Ida are allowed to have upper floors with up to 100% of the area of fhe first floor. (d) Minimum setback for multi-sfo homes in the R-1-AA zonin district shall be _twenty-five feet {25') for the front yard and fifteen feet {15' for the rear yard. e Minimum setback for_ multi-story, ____ T homes in the R-T-AAA and R-~-AAAB zoning disfricfs shall be thirfy feet (30'} for the front and and seventeen leaf 97' for the rear ord. {f) Additional landscaping required for both new multi-stony houses or additions to existing multi-story houses shall be as follows: {i) New_~ouses: landscaping requirements shall be the same as the Beach Districts as rovided in the 7 Planning and Zoning Board Staff Report Amendment of the LDRs to Create the Lake Ida Neighborhood Overlay and Associated Design Guidelines Beach Property Owners Design Manua[ far the North Beach and Seagate Neighborhoods. Additions: supplemental landscanina along the side of the house that the new upper floor is being added to shall be landscaped with a fourteen foot 14' shade tree eve ten feet 10' or an ei hteen foot (18') Palm tree every eight feet (8'}. (3) First Floor Maximum Hei ht: (aj Sin_gle-story or first floor limifs shall be established by: i. Height from finished floor elevation fo top of beam (tie or bond) shall not exceed fourteen feef 74' ii. An orfion exceedin the dimensions described in i. above shall be considered multi- story_sfructures. (4) Upper Story Height: Hei ht from finished floor elevafr"on to finished floor elevafion or fo of beam tie or bond shall not exceed twelve feet (72'). Section 2. That Article 4.5, "Overlay and Environmental Management Districts" of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended by enacting a new Section 4.5.16, "Lake Ida Neighborhood Overlay District" to read as follows: Section 4.5.'i6 Lake Ida Nei hborhood Overly District: + established as the area bounded b NW 22"" Street on the north Swinton Avenue an the east Lake Ida Road on the south, and_Interstate 95 on the west for the properties that are zoned R-1- AA Sin fe Famil Residential R-1-AAA Sin le Famil Residential and R-1-AAAB (Single Family residential). All development within the over[av district is subiect to the special provisions included within the_Single Family Residential (R-1,) Districts. Section 3. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Floor Area Ratio The term "Floor Area Ratio" shall mean the ratio of the "total floor area" of the structurP~s) to the area of the lot. "Total Floor Area" shall be defined as the grass horizontal areas of all floors of all buildin s measured from the exterior walls or other types of enclosures and shall include g rages, carports and part-cocheres. Th ~~~ a e floor areas of attics (unless used as a living space), enclosed decks or 8 Planning and Zoning Board Staff Report Amendment of the LDRs to Create the Lake Ida Neighborhood Overlay and Associated Design Guidelines patios, covered porches,_ ex#erior balconies (covered or uncovered) or crawl spaces,,a,rP excluded from the total floor area used in the Floor Area Ratio calculation. REaoNAt WASTE WATER TREATMENT FACILITY PaRx CF C ~0 LAKE EDEN WAY p 1 __._ e 9 UNITY CNURCN ,fin ~ M AND ELFMENTARY SCHOOL re 3 1o C F '. N.W 2IKD SiR TV PINI i;. ' d _ 71 S' Td' r ~ :~ ~ v ~ ; y ~ m s] a r: p qK 5 ~ ~ 9 % _ C_NWRCH ~ L . , • CC2J `+1 zG I ae ^~ Al s] ~ - OFTT'HE r d '' v ~ 4 ~-:~ f+ E x x}_ P.41LM5 ro ate` ~ T ~ -- •~ y T F S T- 1 u _ ME N k 12T~1 ,T. 11 1f IT ] 7 ] I, ] 71 e P < d f1 11 p1 _ 'N H l: Tn s y re x' ~ ra -a.. 1C Nn ~rln r~4 ° ~ r = I" ` n 4AFE. s; .f ~ f.. iI f i2 16TH r 1 12 - - y I I f ~ ] ~ IO N1WF~ N,E rs ' ~ T x ~ _ ~;' Kn 1 TH - e ] e ] a ~ f ~A .z _ ~ I I Imo! I ~ -T --- i OSR ~ ~~ ~U r 4 ~ ` F ~-E DELRAY r„ tti QP BEACH !• _ ~' HOUSL' ~yAOFE PARK J. _ 4, x- a d ~ , agw ID i 0 ANg iDN PgNT J dl 4:p u II © L TGC~ K A r 2 I7 `~ ~ R rdI ~ ree ~ _ TIP~CE K a uxE roa Roao IXfURCH OF CHRIST TETT R-1-A H ., it C ` I 1 ~C , I N .LAKE IDA OVERLAY DISTRICT ~~. OVERLAY DISTRICT PLANNING DEPARTMENT L"~~..,,.J ZONlNG MAP GITY OF DELRAY BEACH, FL -- DIGITAL BASE MAP SYSTEM -- MAP REF: U'\AUTOCAp\PAUL\LAKE IDA OVERLAYMAP REF: IDA DVERLAY D15TRICT~ LAKE IDA NEIGHBORHOOD TASK FORCE VERSION ORDINANCE NO. -08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", BY AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT", BY AMENDING SUBSECTION (F'}, "DEVELOPMENT STANDARDS", TO PROVIDE DEVELOPMENT STANDARDS FOR THE LAKE IDA NEIGHBORHOOD OVERLAY DISTRICT; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", BY ENACTING A NEW SECTION 4.5.16, "LAKE IDA NEIGHBORHOOD OVERLAY DISTRICT", TO CREATE A NEW OVERLAY DISTRICT FOR THE LAKE IDA NEIGHBORHOOD; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A NEW DEFINITION FOR "FLOOR AREA RATIO"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section proposed text amendment at a public hearing held an that the changes be approved; and 1.1.6, the Planning and Zoning Berard reviewed the ____.. and voted to to recommend WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and fiirthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Co~xatxiission of the City of Delray Beach adopts the findings in the Plaruiing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan,. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article 4.3, "District Regulations, General Provisions", Section 4.4.3, "Single Family Residential {R-1} Districts", Subsection (F}, "Development Standards", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (F) Development Standards: The development standards as set forth in Section 4.3.4 shaIl apply, except as modified below: (1) In addition to the provisions of Section 4.3.4(I~, properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (21 In addition to the provisions of Section 4.3.4(x}, properties located within. he Lake lda Neighborhood Overlay District shall comply with the following xegulations (a) Maximum Lot Coverage: (i1 Fort percent (40%) for one story houses (iii Thirtypercent 30%) for two story houses (b1 The maximum Floor Area Ratio is .35 for a two story house. (cl The area of the second floor shall not be greater than seventy-:five percent (75%) of the area of the first floor. ,(d) Minimum setback for two story homes shall be twenty-five feet (25', for the front yard and fifteen feet (15') for the rear yard. ~~ Additional landscaping required for both new two story houses or two stormsadditions to existtn~ houses shall be as follows: (il New houses: landscaping requirements shall be the sane as he Beach Districts as provided in the Beach Property .Owners Desi Manual for the North Beach and Sea ate Neighborhoods. Additions: supplemental landscaping along the side of the house that the new second floor is being added to shall be landscataed with a fourteen foot (14 ,) shade tree every ten feet (10') or_ an eighteen foot (1 S') Palm tree every eight feet 8 ,Z 2 ORD NO. Section 2. That Article 4.5, "Overlay and Environmental Management Districts" of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended by enacting a new Section 4.5.1G, "Lake Ida Neighborhood Overlay District" to read as follows: Section 4.5.1G Lake Ida Neighborhood Overlay District: {A1 The Lake Ida Neighborhood Overlay District is hereby established as the area bounded b NW 22"d Street on the north Swinton Avenue on the east Lake Ida Road on the south and Interstate 95 on the west for the ro ernes that are zoned R-1-AA Sin le Fami1 Residential R-1- ~Single Family Residential), and R-1-AAAB (Single Family residential). All development within the overlay district is subject to the special provisions included within the Single Fa ply Residential ~R- 1 D1st11CtS. Section 3. That Appendix. "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Floor Area Ratio The term "Floor Area Ratio" shall mean the ratio of the "total floor area" of the structure( to the area of the lot. "Total Floor Area" shaIl be defined as the oss horizontal areas of all floors of all buildin s measured from the exterior walls or other es of enclosures and shall include a es c orts and oxtcocheres excludin attics unless used as a living space, enclosed decks or patios, covered porches, exterior balcoataies (covered or uncovered or crawl spaces. Section ~. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of coxxipetent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whale or part hereof other than the part declared invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section G. That this ordinance shall became effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. MAYOR ATTEST: City Clerk 3 ORD NO. First Reading Second Reading ORD NO. Sam Shannon 1500 N. Swinton Avenue Delray Beach, FL 33444 (561) 243-8167 March 6, 2008 Paul Dorling Director, Planning and Zoning Department 101 N.W. 1 s{Avenue Delray Beach, FL 33444 Dear Mr. Dorling: ~~~~~~~ MAR 1 S 2008 PLANNING $: ZQNIi~G It is requested that the City establish an Overlay District in Article 4.S of the City Code that would establish a special overlay district for the Lake Ida neighborhood. The purpose of the special overlay district would be to adapt a series of design guidelines for the neighborhood that could be implemented and enforced through the current City review and permitting process. The special overlay district would be similar to the North Beach and Seagate Neighborhood Overlay Districts currently included in the City code. The Lake Ida overlay district would incorporate a series of development requirements only far single family homes being constructed in the neighborhood or additions to existing single family homes. This request is being submitted on behalf of the members of a Task Force comprised of over twenty residents of the Lake Idea neighborhood that have met during the past fourteen months to develop the recommended guidelines. The Task Force was created by the Lake Ida Neighborhood Property Owner Association after they held two neighborhood wide meetings and distributed a survey to all residents requesting input on certain. characteristics of new homes being constructed in the neighborhood, A general concern of the Association and the residents that participated in these meetings was that several of the homes being built were out of character with the current housing pattexn within the neighborhoods. The incornpatibiiities primarily related of the size and bulk of the new homes. 'The Task Force, which I might note was open to any neighborhood resident that expressed an interest to participate, held nearly a dozen meetings. The Task Force took a bus trip throughout the neighborhood to identify various houses that appeazed to be out of character with their neighbors. Also, the Task Force reviewed the current City requirements for the Overlay District that have been established by two beach neighborhoods along with the code for other nearby communities that have addressed the issue of compatibility as it related to the size and bulk of new homes. The Task Force did not attempt to manic the approach used by the City for the two Beach districts because those requirements were on whole felt to be somewhat too restrictive for the Lake Ida ;, neighborhoods. The Task Force upon developing its recommendations invited residents of the neighborhood {via a letter to every residence) to attend a neighborhood wide meeting. This meeting was held last November and approximately 20 to 25 residents attended. At the meeting, each recommendation was presented and explained as well as residents were given an opportunity to ask questions of the Task Force. As a result of the input received at this meeting, the Task Force again met and modified the recommendations to provide greater flexibility far new houses to meet the proposed requirements. The modified recommendations were again presented at a neighborhood wide meeting February 21 of this year. All the recommendations were again explained along with the modifications that had been incorporated since the November meeting. There was substantial discussion by nearly all of the 45 residents that attended and at the conclusion of the meeting by a show of hands; the residents expressed an overwhelming support for the Task Force recommendations {only two residents indicated that they did not support the recommendations). Attached is a copy of the Task Force recommendations for Design Guidelines for the Lake Ida neighborhood. The recommendations address five substantive concerns and two administrative matters. The substantive recommendations address; • Lot area coverage • Floor area ratios Ratio far the second floor to the first floor • Set back for two story structures • Additional landscaping for two start' homes The two administrative recommendations address • Nonconforming uses • District boundaries Again, I wish to request, on behalf of the Task Force, that the City initiate an amendment to appropriate codes and ordinances to establish a Lake Ida Neighborhood Overlay District that will implement the attached recommendations and requirements. Certainly, l would be pleased to meet with you or ethers at City Hall at your earliest convenience to review the Task Force's recommendations and to answer any questions or concerns that you may have. It would also be appreciated if you could contact me when any public meeting or discussion may be anticipated related to the recommendations. Thank you and l look forward to hearing from you in the near future. Sincerely .--~ Sam Shannon Chair, Lake Ida Design Guidelines Task Force Lake Ida Neighborhood Design Guidelines Task Force Recommendations 1 Maximum Lot Coverage • 40% for one story houses • 34% for two story houses 2 Maximum Floor Area Ratio • .3 5 for a two story house The term Floor Area Ratio sha11 mean the ratio of the "total floor area" of the structure{s) to the area of the lot. "Total Floor Area" sha11 be defined as the gross horizontal areas of all floors of all buildings measured from the exterior walls or other types of enclosures and shall include garages, carports and pone-cocheres, excluding attics (unless used as a living space), enclosed decks or patios, covered porches, exterior balconies (covered or uncovered) or crawl spaces. 3 The area of the second floor can not be greater that 75% of the area of the first floor. 4 Minimum setback for two story homes shall be 25 ft. for the front yard (currently 3o ft.) and 15 ft. for the rear yard (currently 10 ft.). 5 Additional landscaping to be required for both new two story houses or two story additions to existing houses . ~ New Houses -Landscaping requirements would be the same as the Beach Districts. • Additions -supplemental landscaping along the side of the house that the new 2~d floor was being added. * a 14 ft. shade tree every l0 ft. --or-- * an 18 ft. palm tree every 8 ft. 6 The City has indicated that the current interpretation of the Zoning Code would allow an existing house that was damaged or destroyed by fire, hurricane or other "Acts of God" to be rebuilt to the extent of an existing "Non- conformity". The Task Force recommends that the Code be amended to explicitly allow for such a rebuilding. 7 The District Boundaries for the Lake Ida Neighborhood to be set as follows.* North - N. 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G 23 ~ ~ `d ~., .--~ ~ a~ p Z c~ cd 's' ~~.+ ~ bA ~ C ~' ~ ~, r~ ~ .~ o V a N ~ ~ ~ i ~. Q'-Vr V 12' C~ ONE-STORY REAR SETBACK 83.25' 15' ®TWO-STORY REAR SETBACK REAR ^F L^T 12' SIDE SETBACK 12' SIDE SETBACK 0 I H o `~ TWO-STORY o ~ J LOT COVERAGE o 0 (60'x83.25') ~ ~ ONE-STORY 35' ®ONE-STORY LOT COVERAGE & FAR FRONT SETBACK (60'x110') 5' ®TWO-STORY FRONT SETBACK 1S0'-0" FR^NT ^F L^T R-1 AAA, R-1-AAAB ZONING DISTRICTS DEVELOPMENT POTENTIAL PER EXISTING ZONING REQUfREMENT5 DEVELOPMENT POTENTIAL PER PROPOSED OVERLAY GUIDELINES STORY SQUARE FOOTAGE EQUIVALENT DEVELOPMENT POTENTIAL SITE AREA: 16,650 FlRST 8,064 LOT COVERAGE 4g% LOT COVERAGE TOTAL SQUARE FEET SECOND 8,064 FAR 1.63 ONE-SrORY O 40X = 6,660 THIRD $,064 TWO-STORY O 30% = 4,995 (FOOTPRINT) TOTAL 27,192 FAR ONE-STORY O .4O = 6,660 TWO-5TORY O .35 a 5,827.5 NOTE: IAAXiMUM HEIGHT 15 35', WHICH ALLOWS AN ADDITIONAL AMOUNT OF SQUARE FOOTAGE EQUIVALENT 70 THE 2ND STORY OR LESS. N ~ SCALE: 1' = 3p~ LAKE [DA NEIGHBORH40D OVERLAY PLANNING DEPARTMENT DISTRICT GTY OF DEUtAY BEACH. FL -- DIGITAL QELSE MAP SYSTEM --- MAP REF: 5:\Planning & honing\D8M5\Projeets\HistoY~e Distritl\LAKE iDA Neighborhood OVERLAY DISTRICT 10' ®ONE-STORY REAR SETBACK REAR ^1= ~^T 15' CAD TWO--STORY REAR SETBACK LOT COVERAGE & FAR 00 0 ~ 10' SIDE TWO-STORY SETBACK LOT COVERAGE (40'x6fi.375') 30' (~ ONE-STORY FRONT SETBACK 25' ®TWO-STORY FRONT SETBACK 40' 50' 75' FR^NT ^F L^T R-7-AA ZONING dISTRICT dEVELOPMENT POTENTIAL PER EXISTING ZONING REQUIREMENTS DEVELOPMENT POTENTIAL PER PROPOSEd OVERLAY GUIdELINES STORY SQUARE FOOTAGE EQUIVALENT dEVELOPMENT POTENTIAL SITE AREA: 8,850 FlRST 4.290 LOT COVERAGE 48X LOT COVERAGE TOTAL SQUARE FEET SfCOND 4,290 FAR 1.45 ONE-5'FDRY O 40X = 3,54D THIRD 4,290 TWO-STORY O 30X = 2655 (FOOTPRINT) TOTAL 12,870 FAR ONE-STORY O .4D = 3,540 TWO-STORY O .35 = 3,098 NOTE: MAXIMUM HEIGHT IS 3S', WHICH ALLOWS AN ADDITIONAL AMOUNT OF SQUARE FOOTAGE EQUIVALENT TO THE 2ND STORY OR LESS. N LAKE IDA NEIGHBORHOOD OVERLAY J~ SCALE: 1' = 3p' PLANNING DEPARTMENT DISTRICT CITY OF DELRAY BEACH, FL DIGITAL &ASE MAP SYSTEM -- MAP REF: S:\Plonning & Zoning\DBMS\Projects\Historlc District\LAKE IDA Neighborhood OVERLAY DISTRICT 12' CAA ONE-STORY REAR SETBACK REAR ^F L^T OE~TE=STC~R LOT COVERAGE 12' SIDE 15' CAD TWO-STORY & FAR SETBACK ' ' REAR SETBACK 60 x96.S ~~ 12' SIDE ~ SETBACK ~ a m TWO-STORY o 0 LOT COVERAGE I I (50'x87') ~ u' 35' ®ONE-STORY FRONT SETBACK 50'-0" 25' CaP TWO-STORY FRONT SETBACK 60'-0° 100'-0° FR^NT ^F L^T ~ , _ LAKE IDA NEIGHBORHOOD OVERLAY SCALE. 1 - 30 DISTRICT PLANNING DEPARTMENT CITY OF DELRAY BEACH, FL R-9-AAA, R-9-AAAB ZONING DISTRICT DEVELOPIIAENT POTENTIAL PER EXISTING ZONING REQUIREMENTS DEVELOPMENT POTENTIAL PER PROPOSED OVERLAY GUIDELINES STORY SQUARE FOOTAGE EQUIVALENT DEVELOPMENT POTENTIAL SITE AREA: 94,500 FIRST 7,448 LOT COVERAGE 51 X LOT COVERAGE TOTAL SQUARE FEET SECDND 7,448 FAR 1.54 ONE-STORY O 40% = 5,800 THIRD 7,448 TWO-STORY O 30K = 4,350 (FOOTPRINT) TOTAL 22,344 FAR ONE-STORY O .40 = 5,800 TWO-STORY O .35 = 5,075 NOTE: LIAXlMUM HEIGHT IS 35', WHICH ALLOWS AN ADDITIONAL AMOUNT OF SQUARE FOOTAGE EQUIVALENT TO THE 2ND STORY OR LESS. -- OMr1TAL QELSE M4P SYSTEM -- MAP REF: 5:\Planning do Zoning\DBMS\Projects\Hiskoric District\EAKE kDA Neighborhood OVERLAY DISTRICT 90' ®ONE-STORY REAR ^F L^T REAR SETBACK ONE-STORY 15' (~ TWO--STORY, REAR SETBACK 10' SIDE TWO-STORY SETBACK LOT COVERAGE (40'x54') 30' CAD ONE-STORY FRONT SETBACK 25' ®TWO-STORY FRONT SETBACK 40' 50' ~z'-o° FR^NT ^F L^T R-1-AA DEVELO ZONING DISTRICT PMENT POTENTIAL PER EXISTING ZONING REQUIREMENTS DEVELOPMENT POTENTIAL PER PROPOSED OVERLAY GUIDELINES STORY SQUARE FOOTAGE EQUIVALENT DEVELOPMI=NT POTENTIAL SITE AREA: T,200 FIRST 3,30D LOT COVERAGE 44% LOT COVERAGE TOTAL SQUARE FEEF SECOND 3,306 FAR 1.32 ONE-STORY O 40X = 2,880 THIRD 3,300 TWO-STORY O 30X = 2,180 (FOOTPRINT) TOTAL 9,900 FAR ONE-STORY O .40 ~ 2,880 TWO-STORY O .35 = 2,52D NOTE: MAXIMUM HEIGHT IS 35', WHICH ALLOWS AN ADDITIONAL AMOUNT OF 541JARE FOOTAGE EOVIVALENT TD THE 2ND STORY OR LESS. _~ , ~ LAKE IDA NEIGHBORHOOD OVERLAY SCALE. 1 - 30 DISTRICT PLANNING DEPARTMENT GTY OF DELRAY BEACH, FL --- DIGITAL Q4.SE MAP SYSTEM -- MAP REF: 5:\Planning do Zoning\DBMS\Projecta\Hlstoric District\LAKE 1DA Neighborhood OVERLAY DISTRICT Page 1 of 1 Pape, Scott From: Valek, Denise Sent: Tuesday, May 27, 2008 '1:06 PM To: Pape, Scott Subject: FW: Lake ida Building restrictions For the file De~ae ,g 2/ Executive Assistant Planning & 2'oning Department City of Delray Beach 100 NW 7st Avenue Delray Beach, FL 33444 Phane:567-243-7047 Fax:567-243-722? valek@ ci. delray-beach. fl. us From: Randy Porter [mailto:randycporter@bellsouth.net] Sent: Monday, May 26, 2008 11:02 AM To: PZmail@MyDelrayBeach.com Subject: Lake ida Building restrictions Ms. Allen, My name is Randy Porter, and I live at 720 Enfield Rd. This email is register my opposition to the proposed building restrictions in Lake Ida. if you drive through the neighborhood, you can't help but notice how many signs there are in homeowner's yards against the proposed restrictions. As a believer in democracy, I do not think that these new regulations should be imposed on us because of the efforts of a vocal minority. Just because there is a squeaky wheel does not mean that we ail need to be greased. if the issue were put to a vote, I do not believe that a majority of homeowners would support the new restrictions. Perhaps the issue could be on the ballot for November's election. In any case, the new building restrictions should not be implemented against the will of the majority of homeowners. Sincerely, Randy Porter 5/28/2008 Page 1 of 1 Valek, Denise From: Rangel, Delores on behalf of Eliis, Rita Sent: Tuesday, May 27, 2008 12:51 PM To: Valek, Denise Subject: FW: Petition verification From: ACBIueChip@aol.com [mailto:ACBIueChip@aol.com] Sent: Saturday, May 24, 2008 12:08 PM To: Fllis, Rita; Montague, Brenda; McDuffie, Woodier Fetrer, Fred; gpe@DelrayBeach.com; lakeidaoar@gmail.com Subject: Petition verification This email is to verify that I did sign the petition submitted to STOP ALL RESTRICTIONS. I can only wonder what Bureaucrats did before email. Perhaps they #ook names and addresses at face value and proof of sincerity. We, the residents of Lake Ida Gardens should be the oniy thing that counts to the council. You can't make decisions on traffic and turnabouts without having to reverse #hem. Why would we want you involved in our lives and future? Please do things you know about {if you can find them) and don't pay for any more surveys. Ask the residents who this will effect. Get it? Allen L. Carpenter 1130 NW 6th Avenue Delray Beach, FL. 33444 Get trade secrets for amazing burgers. Watch "Cooking_with Viler Florence" on AOL Food. s~2~i2aos Page 1 of 2 Valek, Denise From: Rangel, Delores on behalf of Ellis, Rita Sent: Tuesday, May 27, 2008 12:51 PM To: ValeK, Denise Subject: FW: STOP LAKE IDA RESTRICTIONS From: tonyshelly@aoLcnm [mailtvaonyshelly@aoLcom] Sent: Saturday, May 24, 2008 2:35 PM To: pcolnoni@bellsouth.net; Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetzer, Fred; Eliopoulos, Gary Subject: STOP LAKE IDA RESTRIC7'IOlV5 May 24, 2008 To Delray Beach Commissioners, This email is to verify that L._did sign the petition submitted to STOP ALL RESTRICTIONS in Lake Ida. I find it difficult to understand how the Planning and Zoning board approved this `Neighborhood Initiative' when the majority of the neighborhood does not support the proposed change. In comments made by board members during hearings, they attributed the non-supporters as neighbors who were not involved until just recently and then basically discounted their current involvement. Unfortunately, the very language used in promoting this initiative was misleading and evasive as to the agenda. Had the task force used words such as `restrictions' or `regulations' or `code adjustments', many more residents would have been actively involved from the onset. A letter from Mr. Colnon was my first indication that the task force was attempting to place our community into an `Overlay District' and impose further regulations on future building. I understood the language of a `neighborhood-supported' initiative to be just that, Neighborhood Supported. This initiative is not. It was thought up by a very small minority group of residents and seemed to have gained momentum by the support of many outside-the-community powers that be in city positions. I believe support of this initiative should be coming from within the neighborhood, and not from outside. The city's involvement without ample proof of neighborhood support smacks of something other than a city aiding a community backed initiative. The Planning and Zoning board all but ignored a recent petition drive of which 1 SO homes were surveyed resulting in 83 opposing the new restrictions. And note that the 83 opposing were 83 residences. There were many more signatures on the petition however, in all fairness; each address was counted only once. I hope that you will give this issue your fizil and undivided attention. There is a distinct feeling here in Lake Ida amongst many residents that this initiative is being driven not only by the small minority of residents who initiated it, but also by certain people in powerful city positions. I can only hope this is not the case but I find myself asking the question `how could such an important neighborhood-specific issue reach the level of commission approval without a true consensus of residents supporting it?' 5/27/2008 Page 2 of 2 Sincerely, Shelly Petrolia of 2002 NW 4d' Ave. Delray Beach, Fl 33444 Stay informed, get connected and more with AOL onyour phone. 512'712008 Page 1 of 1 Valek, Denise From: Rangel, Delores on behalf of Ellis, Rita Sent: Tuesday, May 27, 2008 12:51 PM To: Valek, Denise Subject: FW: STOP Lake ida Restrictions From: gpanzalone@aoi.com [mailto:gpanza[one@aol.com] Sent: Saturday, May 24, 2008 3:49 PM To: Ellis, Rita; montague@mydelraybach.com; wmcduffie@myderaybeach.com; Fetzer, Fred; Eliopouios, Gary; lakeidaaar@gmaii.com; gary@aerotoystore.com Subject: STOP Lake Ida iestrictions Dear Ladies and Gentleman of the Commission, This email is to verify that I did sign the petition submitted to STOP ALL RESTRICTIONS. Unfortunately I was traveling for business and I was unable to attend the Last meeting. None the less I am adamantly opposed to this proj ect. I lived in Delray Beach years ago, and only recently returned. If I had known that Lake Ida was considering imposing such restrictions, I would have not moved back to the area. I believe that Delray Beach is defined by the diversity of its people and the fixsian of their styles and taste. I am offended that a community commission believes they have the right to decide what is good taste and what is not. What next? Are we going to say that Atlantic Avenue can only have Seafood restaurants? If this restriction is passed, I for one will sell my home and move. Sincerely, Gary and Angela Anzalone 608 N. Swinton Ave (Sbl) 274-9930 Stay informed, get connected and more with AOL on your phone. s~27~2aos Page 1 of 2 Vaiek, Denise From: Rangel, Delores on behalf of Ellis, Rita Sent: Tuesday, May 27, 2008 12:53 PM To: Valelc, Denise Subject: i=W: STOP LAKE IDA RESTRICTIONS From: sally wheeler [mailtoaallywing2001@hotmail.comj Sent: Sunday, May 25, 2008 11:53 AM To: Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetzer, Fred; Eliopoulos, Gary Subject: STOP LAKE IDA RESTRICTIOf~S To Delray Beach Commissioners, This email is to verify that I did sign the petition submitted to STOP ALL RESTRICTIQNS in Lake Ida. This is my second letter to you. I did not get an acknowledgement from my first letter and re-sent it, just in case you had not received it. I still have no idea whether you have. I think it's important that you elected officials realize that the volunteers on the Planning and Zoning board have sent a proposal to you with absolutely no majority backing of the neighborhood involved. This Lake Ida Neighborhood Initiative was NOT supported by the majority of owners. The P&Z board members accepted at face value the remarks from the Lake Ida Task Farce that the entire neighborhood had been polled, included, cajoled into taking an interest over the past two years. For that matter, I may even have received a survey myself since T am a member of the Lake Ida Property Owners Association. Whatever was "surveyed" it was not the same as what was proposed to the P&Z. It morphed from being a Design Guidelines (suggestions} to a Design Restrictions {coded law) proposal, with little input from or dissemination of information to anyone not on the Task Farce, no matter what the Task Force states. At best, they actually did send out the mailings they said they did, but these were ignored or tossed as junk mail. Something about them made them not compelling enough to open or respond to. The P&Z did not pay any attention to the opposition at the workshop who explained in great detail that we did not vote on nor support the work of the small number of people on the LIPOA Task Force. It was quite inequitable at the P&Z Workshop to allow Sam Shannon {the head of the Task Force) to address the board for over 20 minutes yet not allow Phil Colnon (the most vocal of the opposition spokesmen} to address the board for a similar time. Why was Mr. Shannon allowed the time in two week-to-week P&Z board meetings to present essentially 5/27/200$ Page 2 of 2 the same information in 20 minutes or more each time yet no one opposing was offered the same opportunity? The P&Z staff member spent the same time to present the same proposed restrictions. How is this possible? Both the city staff and the tiny group in LIl'OA supported each other and were allowed to do so with no concomitant opposition. Three minutes for each public speaker was the only allowance for opposition (as well as for those supporting the proposal). It was not made clear that these speakers would be counted as if they were voting just to show that so many voted for, so many against yet this is what the first P&Z board member pointed out after the speakers were done. There are many of us who are not able to attend these meetings or that cannot speak in public for one reason or another; you are making the decision that these people have no voice when someone runs a "quick count of the votes". Even so, one pro~Regulation speaker suggested we all vote right then and make that count. She made jokes about the small number of people who vote in any election, as if that were a good reason NOT to go back and poll the people in the neighborhood regarding "Design Restrictions". I was just flabbergasted that SIX of the board members voted to pass these proposed restrictions on to you, the city commission, with comments that indicated these regulations were not restrictive enough? The study that the Task Force undertook absolutely showed that only 7 houses at most would have been restricted given the proposed regulations; taking that in hand, the board members decided that the proposal was not nearly strict enough but that it was good start! Tell me why the P&Z should make that decision in our neighborhood. I understand that the city has codes to be followed. I do not understand why the city should present a stranger code on one part of the city {our neighborhood) based on less than even a simple majority of the owners. This smacks of Taxation without Representation, especially when the restrictions seem to be pushed by a small number of people from our neighborhood along with their friends or political allies who do NOT live in OUR neighborhood. Please do not allow this proposal to pass the commission. It should be backed by all the owners in our neighborhood or, at the very least, a majority of the owners. Thank you for your honest consideration. Sincerely, Sally W Wheeler 2001 NW 4 Avenue Delray Beach, FL 33444 Change the world with a-mail. Join the I'm Initiative from Microsoft. 5/27/2008 Vale~C, Deniise From: Rangel, Delores on behalf of E[[is, Rita Sent: Tuesday, May 27, 20Q8 12:53 PM To: Valek, Denise Subject: FW: No to Restrictions -----Original Message----- From: katemoran@bellsouth.net [mailto:katemoran@bepsouth.net] Sent: Sunday, May 25, 200$ 5:19 PM To: Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetzer, Fred; gpe@mydelraybeach.co Subject: No to Restrictions Dear Commissioners: I am typical of the out-of-the-loop resident of the Lake [da community who have finally realized what was going on -restrictions (not guidance) re: the future of our homes and neighborhood. I am totally against any additional rules and regulations and signed the petition that was presented at the P&Z meeting the other night. This neighborhood is wonderful, is not under siege from high rise builders, and needs to be left alone. The boogeyman of "two story houses!ll" doesn't scare me. I moved to this neighborhood precisely because it exhibits a refreshing sense of freedom with homes, big, small, old, new and in every color (mine is tangerine). We have enough citywide rules in place to keep things moving along nicely. Please do not pass the proposed restrictions. Thank you. Kate Moran 2025 NW 4th Avenue Delray Beach Page 1. of X Valek, Denise From: Rangel, Delores an behalf of Ellis, Rita Sent: Tuesday, May 27, 2008 12:56 PM To: Valek, Denise Subject: FW: Lake Ida restrictions Fran: Ccrdbarr~am@aol.com [mailto:Ccrdbamom@aaLcorri] Send; Tuesday, May 27, 2008 5;55 AM "ra: Eliis, Rita; Montague, Brenda; Fetzer, Fred; McDuffie, Woodier Eliopouias, Gary Su4sy~ct: Lake Ida restrictions This e-mail is to verify that I did sign the petition submitted to sop all restrictions. Alan L. Rosenberg, I~7.®. 1111 i~.11V. 4th Avenue Delray beach, F~ 33444 1 attended the lengthy 3~- hour commission meeting where the panel clearly acknr~wledged that the proposition's points did not establish the concerns which were mast pressing to the community, yet proceeded tQ rubber stamp it in an effort to pass "something" rather than nothing. The proposed restrictions are NAT the will of the majority and are clearly poorly th©ught out. Get trade secrets for amazing burgers. Watch "Cooking with Tyler Florence" on AOL Food. 5/27/2008 Page 1 of 2 Valek, Denise From: Rangel, Delores on behalf of Ellis, Rita Sent: Tuesday, May 27, 2008 12:57 PM To: Vaiek, Denise Subject: FW: No Lake Ida Restrictions Importance: High From: Moran, Clayton [mailto:CMoran@StanfordEagle.com] Sent: Tuesday, May 27, 2008 10:04 AM To: Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetrer, l±red; Eliopoulos, Gary Subject: fVo Lake Ida Restrictions Importance: High To Delray Beach Commissioners, I hope this email finds the appropriate people. I am a Lake Ida resident. I do not support restrictive zoning policies. I have never voted for restrictions and I purposely moved to the neighborhood because I do not want to be in an association that restricts my freedoms. Apparently, some volunteers on the Planning and Zoning board have sent a proposal to you with absolutely no majority backing of the neighborhood involved. This Lake Ida Neighborhood Initiative was NOT supported by the majority of owners. As such, I assume your fiduciary responsibility requires you to deny the proposal. In any case, I do not agree with this proposal and want you to be aware of my dissension. I believe that I and every Lake Ida homeowner deserve a vote on such matters. Please confirm receipt. Thank you. Clayton Moran 235 NW 22 Street Delray Beach, FL 33444 Any information or data provided in this message has been obtained from sources we believe to be reliable, but we do not guarantee its accuracy or completeness. Such information reflects current market conditions, is subject to change without notice and should not be relied upon for tax purposes. Any transactional details are provided at your request and do not supersede your normal trade confirmations or monthly statements. Any product recommended is subject to prior sale. Stanford Group Company, its affiliated companies, and/or officers, directors ar employees, may at times have a position in or make a market in any security described above, and/or may act as an investment banker or advisor to any company referenced. Stanford Group Company reserves the right to monitor and review the content of all a-mail communications sent and/or received by its employees. Stanford Group Company does not accept time-sensitive transactional messages, including orders to buy and sell securities, via e-mail. This information is intended to be confidential and solely for the use of Stanford Group Company and those persons or entities to whom it is directed. It is not to be reproduced, retransmitted, or in any other manner redistributed. If you received this message in error, please contact Stanford Group Company 5/27/2008 Page 1 of 1 Valek, Denise From: Rangel, Delores on behalf of Ellis, Rita Sent: Tuesday, May 27, 2008 12:47 PM To: 'Kathysmith004@aol.com' Cc: Darling, Paul; Valek, Denise Subject: RE: Lake Ida Restrictions Dear Ms. Smith, Thank you for your email. I and the City Commission appreciate all points of view and welcome your input. This item will be on the ,lone 3rd agenda. Thank you again for sharing your views. Sincerely, The office of Mayor Rita Ellis From: Kathysmith004@aal.com [mailto:KathysmithOQ4@aol.com] Sent: Friday, May 23, 20fl$ 7:57 PM To: Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetzer, Fred; Eliopouios, Gary Cc: lakeidaoar@gmaiLcom SubjecE: Lake Tda Restrictions Commissioners: did sign the petition AND I am against any restrictions on my property in Lake Ida. Kathy Smith 501 Eldorado Lane Delray 33444 Get trade secrets for amazing burgers. Watch "Cooking with Tyler Florence" on AOL Faad. 5/27/2008 Page 1 of 1 Valek, Denise From: Rangel, Delores on behalf of Ellis, Rita Sent: Tuesday, May 27, 2008 12:57 PM Ta: Valek, Denise Subject: FW: Please stop restrictions From: Ke~roart@aol.com [mailto:Ke~roart@aol.com] Sent: Tuesday, May 27, 2008 12:54 PM To: Montague, Brenda; McDuffie, Woodier Fetzer, Fred; Eliopauios, Gary; Ellis, Rita Subject: Please stop restrictions Good day, A fast note to verify that we signed the petition against the Lake Ida Neighborhood Building Restrictions. A[I the best, Kevin & Deb 1002 Lake Shore Drive Delray Beach, FI 33444 Get trade secrets for amazing burgers. Watch "Cooking with Tyler Florence" on AQL Food. (httpalfood.aol.comltyler-florence?video=4&?NCID=aolfod00030000000002) 5/27/2008 Page 1 of 1 Valek, Denise From: Rangel, Delores on behalf of Ellis, Rita Sent: Tuesday, May 27, 2008 12:56 PM To: Valek, Denise Subject: FW: Stop Restrictions From: Larry Buerman ~maiito:imbikadari@hotmail.cam] Sent: Tuesday, May 27, 2008 9:15 AM To: Eilis, Rita Subject: Stop Restrictions This email is to verify that I did sign the petition submitted to STOP ALL RESTRICTIONS. Larry & Imbi Buerman 34 NW 17th Ct s~2~~2aos Page 1 of 1 Va[ek, Denise From: Rangel, Delores on behalf of 1=11is, Rita Sent: Tuesday, May 27, 2008 12:55 PM To: Vaiek, Denise Subject: FW: Opposing Lake Ida Building Restrictions From: Jeff Cotten [maiito:JCohen@smclawfirm.com] Sent: Monday, May 26, 2008 6:58 PM To: Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetzer, Fred; Eiiopoulos, Gary Cc: lakeidaaar@gmail.com Subject: Opposing Lake Ida Building Restrictions Dear Commissioners, This a mail is to verify that 1 did sign the petition submitted against the proposed restrictions in Lake Ida. 1 am opposed to the proposed building restrictions. Thank you. Jeffrey Cohen 425 N.W. 12th Street Delray Beach, FL 33444 5/27/2008 Page 1 of 1 Valek, Denise From: Rangel, Delores on behalf of EIGs, Rita Sent: Tuesday, May 27, 2008 12:54 PM 70: Valek, Denise Subject: FW: Lake Ida Restrictions From: Degnan [maiito:wdegnan@bellsouth.netj Sent: Monday, May 26, 2008 9:23 AM To: EI[is, Rita Subject: Lake Ida Restrictiar~s This email is to verify that I did si n the etition submitted to STOP ALL RESTRICTIONS. William Degnan Catherine Degnan 1009 NW 4th Ave Delray Beach, FL 33444 5/27/2008 Valek, Denise From: Rangel, Delores on behalf of Ellis, Rita Sent: Tuesday, May 27, 2008 12:52 PM To: Valel<, Denise Subject: FW: STOP LAKE IDA RESTRICTIONS -----Original Message----- From: mike wheeler [mailto:mkwcowboy@yahoo.com] Sent: Sunday, May 25, 2008 'f 0:39 AM To: Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetzer, Fred; Eliopoulos, Gary Subject: STOP LAKE IDA RESTRICTIONS This email is to verify that [did sign the petition submitted to STOP ALL RESTRICTIONS in Lake Ida. Michael K Wheeler 2DD1 NW 4 Aye Delray Beach, FL 33444 Page 1 of 1 Valek, Denise From: Rangel, Delores on behalf of Ellis, Rita Seat: Tuesday, May 27, 2008 X2:52 PM To: Valek, Denise Subject: FW: stop lake ida building restrictions From: Ellen i3. Rosenthal [mailtoaeascon@bellsouth.net] Sent: Sunday, May 25, 2008 9:13 AM To; Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetzer, Fred; Eliopoulos, Gary Subject: stop lake ida building restrictions This email is to verify that 1 did sign the petition submitted to STOP ALL RESTRICTIONS. Stephen Rosenthal 1700 Lake Drive Delray Beach 278-1957 5/27/200$ Fage 1 0~ 1 Vatek, Denise From: Range[, Delores on behalf of Ellis, Rita Sent: Tuesday, May 27, 2008 12:49 PM To: Va[ek, Denise Subject: FW: Lake Ida Building Restrictions From: John Cahorshak [maifto:jahncCa~sccfl.com] Sent: Friday, May 23, 2008 9:01 PM To: Ellis, Rita Cc: Montague, Brenda; Fetzer, Fred; McDuffie, Woodier Eliopouios, Gary; 'lakeidaoar@gmail.com'; 'Jane Consiglio' Subject: Lake Ida Building Restrictions My name is John Cahorshak and I awn a home at 616 North West 13th Street. This email is to verify that Idid -sign the petition to (STOP ALL BUILDING RESTRICTIONS}. ,fahn Cahorshak Shakman Hospitality, LLC General Contractors 2595 NW Boca Raton Blvd., Suite 100 Boca Ratan, Florida 3341 [561)750-82$8 [561) 750-8511 fax This message contains confidential andlor privileged information and is intended only for the individual entity named herein, If you are not the named addressee you may not dissemina#e, distribute or copy this email. Please notify the sender immedia#ely by email or telephone (561) 750-828$, if you have received this email in error and completely deleted it from your system, Email transmissions cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive fate or incomplete or contain viruses. The sender therefore does not accept liability for any errors ar omissions in the contents of this message, which arise as a result of email transmission. If verification is required, please request a hardcopy version. Shakman Hospitality, LLC 2595 NW Boca Raton Blvd., Suite 100, Boca Raton, Florida 33431. IF THE INFORMATION CONTAINED IN THIS EMAIL IS WRITTEN FOR SETTLEMENT PURPOSES, PURSUANT TO THE FEDERAL RULES OF CIVIL PROCEDURE, FEDERAL AND FLORIDA RULES OF EVIDENCE, STATUTORY AND COMMON LAW, IT SHALL NOT BE ADMISSIBLE IN FEDERAL OR STATE COURT. 5/27/2048 Page 1 of 2 Pape, Scott From: Valek, Denise Sent: Thursday, May 22, 2008 12:36 PM To: Pape, Scott Subject: FW: Lake Ida See a-mail below De~iee rg 2/a.Ee! Executive Assistant Planning & Zoning Department City of Delray Beach it)t7 NW 9stAvenue Delray Beach, FL 33444 Phone: 569-243-7049 Fax: 569-243-7221 valek@ cr. delra y-b e a ch. fl. us From: Ruby, Susan Seat: Thursday, May 2Z, 2008 12:23 PM To: Darling, Paul; Valek, Denise Cc: 'lakeidaaar@grr~ail.com' Subject: FW: Lake Ida Please place all materials submitted to P&Z in the materials that will be reviewed by the City Commission when .they further review and address the Lake Ida ordinance modifications. Thanks Susan .~L. Ru6y City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facsixra i le: 561-27 S -4755 email: ruby@ci.delray-beach.fl.us From: Ruby, Susan Sent: Thursday, May 22, 2008 12:21 PM To: Cc: bbmontague@aol.com; Fred Fetrer (FBFetzer@bellsouth.net}; Gary Eliopoplis (GPE@aol.com); rita@clirr~tatecontrolservices.com; woadiemcdufFie@bellsouth.net Subject: RE: Lake Ida Dear Mr. Mackie, Thank you for your email. I am requesting, by copy of this email to Paul Dorling, that your email and the materials submitted to the P&Z board be included in the materials submitted to the City Commission when they consider the ordinance on the matter. The petitions were reviewed by the Planning and Zoning Board. The City Commission and the Planning and Zoning Board. care about the desires of all the 5~22i2oos Page 2 of 2 citizens of Delray Beach, however ,the City Commission and.the Planning and Zoning board cannot be legally make their decisions based solely on the number of persons opposing or proposing an action and must by law make their decisions based on whether or not there is a rational basis to believe the measure is in the public interest. The meetings where the matter will be further reviewed will be advertised and there will be two additional public hearings before the City Commission. You are welcome and encouraged to attend. Again thanks for your interest and concern. Susan .~1. Ru6y City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facsimile: 561-278-4755 email: ruby@ci.delray-beach.fl.us From: McDuffie, Woodie Sent: Thursday, May 22, 2008 11:58 AM To: Ruby, Susan Subject: FW: Lake Ida Susan, Here is the a-mail we just discussed. am providing you this a-mail for information purposes only. I am not soliciting nor may 1 accept, under the Sunshine Law, any replies. Warmest Regards, Woodie McDuffie, Deputy Vice-Mayor City of Delray Beach 100 iV.W. 1 st Avenue Delray Beach, FL 33444 wmcdu~eCa7.m ydelraybeach. com From: don mackie [maiito: Sent: Thu 5/22/2008 10:24 AM To: McDuffie, Woodie Subject: Lake Ida Mr. McDuffie, A petition was submitted at the P&Z meeting with 83 signatures opposing the restrictions. It was ignored by the board! Only 24 people stood insupport 'of the restrictions. What has to be done for the commission to accept these signatures. There are.actually more signatures but 83 addresses are represented. This is 11 % of all area homes. Only 6% voted in the last city election. I consider this a huge response against restrictions. Is it really necessary that everyone personally-come to this meeting? Philip Colnon 5/22/2008 05/04/08 Susan Ruby, City Attorney City of Delray Beach 100 NW 1" Ave Delray Beach, ~'L 33444 Re; Lake Ida Overlay District Ms. Ruby, Sam 5hannou bas submitted #o the Planning and Zoning Ilepartotent far an "overlay" for our area. In his submittal it references a survey in support of this action and references multiple "design guideline meetings". It is the job of the city employee to protect the interest of ALL residents, not just ilia vocal. 1 attended three of these meet}ngs. 'The meeting were mat to discuss the need for restriction, but to write them. Sincz 1 was against restrictions I wag considered to be disruptive and asked by one of the board members of the LIPOA not to attend. Anyone against restridians obviously would not attend. This would make it appear that everyone was for tfte restrictions. How caa the city Initiate action an the word of a handful of resident "tASk~farce memlxr~"(21) and results of survey reapottse of 4I residents, lucludigg the Ktask force"? After speaking vrith Lula Butler, ~I was informed that residetrts at the north end are tt7lin$ to form there own home owner association and di sedate with the LIPOA_ i also have been active to forma }aka froont lmoperty owners association and to date have 17 ofthe 31 properties signature. l lmow it is difficult to get all ,area tr;s~ideuts to respond to anything. A group of us have been going door to door for lp days with a survey to see if this overlay is t~uty supported. t~ survey count to date is 234 residenfis. Several iztterestirlg.factshove emerged. The majority of Qwr-eis were totally unaware of ANY action( 62°/a) pending, which include LIl'QA ruembers. At the north end of the area $7°f« da not want the garage included when calcedating total SR 'T'his is a major item in the guidelines submitted. Marty ofthe homes at the north end ire on small laic and this inciusicm would possibly keep owners from expanding there horttes as their families grnw- This item also should have been filed under the IAR, not thnr the City Comprehensive Plan. "This would have required significant fund raising, which would show support. 'T'ire city should demand a copies of the survey referenced in the submittal and verify that the overlay is supported before fuather action is taken. The e~tal names arrd addresses of the survey respondents, leas withheld. This is took keep Sum showing that mare titan 5l1°/. were on the ~tatsti force". '17te Beach Area and Marina District overlays took mare that 18 months from submittal to becoming an amendrnertt. If this action takes the-path laid ottt ley the Planning Department it wr`ll be else week from subntit~l to acceptance. Is this being forced because David Harden and Gary Eliopolis are in favor and live in the area? /~ Philip Colnon, 24 year area. resident and tttentber of LIPOA 6$oNw 1}m St Delray Beach, F'f. 33444 Sti1-929-8680 pea loan 1 Qbellsouthsret ~~EGE~V~D MAY 0 9 ~p4g LlTY AT~'Q~N~Y ~.s o~ ,.~~~b~ ~i ~~,~~ ARE Y©U A ME21+IH$R OF TgE LIPOA ~ . ~yG'' ARE YOU A ME11+D~ER OF TOE "UESYGly TASK FOYtCE" 9 'O YES ~~~' 1V4 BEFORE LAST MONTI~, ~'"kE YOU AWAY ~'rfAT T~~ V~'AS A "D~.Q GN TASK FORCE" ~ DO YOU FEEL YOU $p ,~ ~ YES Q N~ RESTItI~UNS TO M,~ A ~ ~'~RY y1~d~AT~pN t~lli THE ~/ YE5 ~ NQ DV Y~~ ~ TS~R~ SHOULD BE ~'~IC~`IONS Old SIl~T~LE STORY ADDrr~oNS g ~YSS ~7 ~'g7 NO WREN CALC[~LATII~TG THE T[)'I'AX. SQUARE FO#7I`AGE OF YI3UR SOlVIE~ DO YOU WANT THE GARAGE OR ~ARPO~tT~INCLUDEI) A5 YART OF YOUR INTERIOR SI~ACE? DYES ~ NU ARE YIW AWARE THAT DESIGN GUIDF.L3NF~" WIL1. ACTUALLY BE ~R~aQUIRED~ BUII.D~G CODE" BY THE• CITY OF 1IEL1tAY BEACH FOR AId. ADD~E7N9 Cd'~ ~4 YES N(l ~~ - ~~~,~ SIGNA'R1RE ~~9 ~~jq ~(¢~,55y ~o ~` My name is Philip Colnon. I have lived and raised my family in the Lake Ida Area for 23 years. This is my home. I do not plan on moving from the area and believe the fight against these building restrictions is in the best interest of all home owners. In the emails circulated during the past month my name has been associated with several ajatives that are not flattering. All this because I woke up the neighbors. Our country is run on a two parry system, because not everyone sees eye to eye. I have two main issues that need to be addressed byb the board tonight; the lack of documentation to show support for this action and the city initiating this amendment . The City of Delray Beach Comprehensive Plan, Housing Element Section 12.4 States," The city will provide planning and technical assistance to implement NIEGHBORHOOD-SUPPORTED initiatives. The key word in this quote is hyphenated "nieghborhood-supported. The staff report conveniently left these words out of their report to the Board. The submittal letter from the "task force" to the city had NO DOCUMENTATION, only the signature of the applicant. The support documents released 3 weeks after the submittal show a 12 question subjective answer survey with a total response of 49, of which 21 wexe on the task force and obviously for restrictions. The task force claims there are 62 responses but if you count the answers for any one question you will see that there are only 49 at most. The survey never asked the most important question "are you in favor of building restrictions? The other suppor t documents acre mostly copies of the LIPOA news lettex These n~.aiiings wexe only sent to members, which is less than 25% of the 740 residents. According to Sam Shannon's submittal letter only 2 items wexe mailed to all residents. The first of which was over 2 years ago. The task force had several so called nieghborhood wide meetings. The notification for these meetings was not sufficient. When the BPOA hired a proffessional design team to help adopt the beach overlay, they were instructed to hand deliver notices to all meetings 1 week in advance of each meeting. These notices went to every owner 12 times in 14 months and was documented in their submittal. This kept all owners informed. Not keeping the area residents informed of this issue is why we have a crowd tonight! ! ! My second point ;that the city took the uutiative to start this amendment. The Land Development Regulation Section 2.4.3{x) 1 (W} defines privately initiated text amendments. The BPOA submitted their overlay under this section of the LDR's. The text amendment was written by the proffessional design firm of Uxban Design Studios. None of the city initiated overlay districts pertain to any residential areas listed as STABLE in the City Comprehesive Plan. The City initiated overlays include West Atlantic Avenue Overlay District, The North Federeral Highway Overlay District, The Wallace Drive Overlay Districts The Southwest Neighborhood Overlay District, The SW l U~` Street Overlay District, The Carver Estates Overlay District, Four Corners Overlay District and the I-95/CSX Railroad Crridor Overlay District . Having the City initiate the text amendment shows lack of support. Urban Design Studios was interviewed by the LIPOA to create the text amendment. It become evident that the necessary funds could not be raised. A meeting was set to discuss a city initiated amendment, which is why we are here tonight. This amendment should be a privately initiated amendment, not city initiated in a year of budget cuts. There is a thought that I started this f ght at the eleventh hour. I tried months ago to convince task force members that the path they were taking would not be accepted by the area. After attending 3 task force meeting , I was told not to return. The Task Force meeting were not to discuss if the restrictions should be written ,but which restrictions should be included. Unless you were in favor of restrictions there was no reason to attend. I heard nothing about restrictions or the task force until a city employee notified me that the LIPOA had submitted. The task force'and officers of the LIPOA tried to keep the residents in the dark by tearing down all of my notices 3 times a day for a week. When I got word that I was not the only one interested in stopping the restrictions, I started xny own survey. The results are in our staff repoxt. The number of residents aware of the restrictions in almost identical to the # of LIPOA members. At the time as the survey I collected signatures on a petition to stop all restrictions. I collected s sand 64% signed the petition. In any election to get 64% would be a landslide. The people that live in the Lake Ida Area have spoken. INo restrictions! ! ~~~9 ~o ~,~~ „~ 9,~ya~,,k~ ,cQ ~~C~ ~/~- ~,~.~~ ¢~oa ~G,~ ~ ~~ ~ a~~~~ ~:~ I AM A-~~~`ST THE LAKE IDA TASK FORCE DESIGN.:GI~IDEL,TNES NAME ADDRESS SIGNATURE a -~ ~~ ~ AM . =~~~ ~~~~ THE LAKE IDATASK FORCE DESIGN GUIDELINES NAME ADDRESS ~ SIGNATURE - WNER ~~GAINST ~- ESTRICTYGNS NAME a"°~.~ ADDRESS EMAIL PHONE .j }~^J ~y ,f E - 3 / r . 2 ti"-~ ~ Co~'c3 ~- SWruTt7E~ 'Z~~}-~q3c~ ! ~? ~~+f~t-~ `fib `-# a ~ ! ~ - ST - ~ ~ • `C~t~ ~.,~ 2$ ~ ' G 3 ~~ ~.~ti 4~~~ ©a ~~ ~ ~ ~-~.' ~ ~ di. 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J r / r.,~ j ~ ~ ~ f V i f ej ~j(~~ fjD f y" ~~c~ l l t ~ ~~ ~' (D~ T~ ~ ~ ~,, p b..., r .. v ~.= d ~~ ~ -~ ~ AM -_- `THE LAKE IDA TASK FORCE DESIGN GUIDELINES NAiViE ADDRESS SIGNATURE Ia I AM ~ ' `THE LAKE IDA TASK FORCE DESIGN GUIDELINES ~,_~~~~ _. `~ NAME ADDRESS SIGNATURE ~'~ I AM ~ THE LADE IDA TASK FORCE DESIGN GUIDELINES NAME ADDRESS SIGNATURE cchsz- ~' ~-~ o/ ~ ~ ~.~k I; ;1 3Nw r~~` ~~ ~~ G_S =a ~ r~D~` .~ ` Page 1 of 2 Valek, Denise From: kropmilr@bellsouth.net Sent: Sunday, May 18, 200$ 10:03 PM To: Valek, Denise Subject: i=W: Lake Ida Overlay-AGAINST RESTRICT[ONS Denise, I got a ton of emails this week about Lake Ida--do you want me to forward them all to you ar just print them out and bring them? Thanks, john -------------- Forwarded Message: -------------- Frorn: tonyshelly@aol.corn To: jpike@envdesign.com, chalberg@bellsouth.net, kropmilr@bellsouth.net, ddddowd@earthlink.net, francisco@perezarchitects.com, pzacks@sal5.state.fl.us, cglickstein@ironwoodproperties.com Subject: Lake Ida Overlay-AGAINST RESTRICTIONS Date: Fri, 16 May 2008 17:12:54+0000 Dear Commissioners, I am in receipt of the many copies of pro-Lake Ida restriction letters that you have received. I just want you to know that there is a large number of residents against these restrictions however, we do not have the means {as Lake Ida Property Owner Association does) to blanket e-mail the community in an effort to blast you with letters against these restrictions. It is obvious a letter writing campaign is under way in order to influence your opinion toward accepting t hese restrictions. Ironically, one letter writer wants to see the larger homes recently built discontinued, however, fails to mention that these homes would still comply if the restrictions are passed. Another writer states that all residents were well inforn~ed on the issue. Speaking only for myself, this is not true. And yet another speaks of the backyard fishbowls being created, however fails to mention that this is a privacy issue and can be managed with additional foliage and fencing without the adoption of restrictions and additional code changes. And I am truly offended at the cutting remarks of one letter writer who lumps anyone opposing these restrictions into a 'greedy developer & friends' category. I'm am neither. T am hoping that no decision is made until a true consensus of neighborhood support is obtained. Unless and unt it the majority of the residents of this neighborhood can be determined, I will not support it. As strongly as the beach property owners supported their desire for additional restrictions, our community should also be united to institute change. This is a very important issue involving all Lake Ida properties, let's make sure it is what the neighborhood wants before removing property rights. 5/19/2008 Page 2 of 2 Sincerely, Shelly Petrolia Plan your next roadtrip with MapQuest.com: America's #1 Mapping Site. s~ls~2oas Page 1 of 1 Valk, i]enise From: John Cahorshak ~ohnc@sccfl.com) Sen#: Sunday, May 18, 2008 6:59 PM Ta: PZmail@MyDelrayt3each.com Cc: '929-86801iakeidaoar@gmail.cam ; 'Jane Consiglio' Subject: Lake ]da Restrictions To Whom It May Concern, Please register this document as a formal protest representing my most definite objection against the city of Delray Beach Building Department insti#uting any further building restrictions in the lake Ida neighborhood other than those that exist at this present time. John Cahorshak Shakman Hospitality, LLC General Contractors 2595 NW Boca Raton Bivd., Suite 100 Boca Raton, Florida 3341 (561)750-82$8 (561) 754-8511 fax This message contains confidential andlor privileged information and is intended only for the individual entity named herein. If you are not the named addressee you may not disseminate, distribute or copy this email. Please notify the sender immediately by email or telephone (561) 754-8288, if you have received this email in error and completely deleted it from your system. Email #ransmissions cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or contain viruses. The sender therefore does not accept liability far any errors or omissions in the contents of this message, which arise as a result of email transmission. If verification is required, please request a hardcopy version... Shakman Hospitality, LLC 2595 NW Boca Raton Blvd., Suite 100, Baca Raton, Florida 33431. iF THE INFORMATION CONTAINED IN TH]S EMAIL IS WRITTEN FOR SETTLEMENT PURPOSES, PURSUANT TO THE FEDERAL RULES OF CIVIL PROCEDURE, FEDERAL AND FLORIDA RULES OF EVIDENCE, STATUTORY AND COMMON LAW, IT SHALL NOT BE ADMISSIBLE IN FEDERAL OR STATE COURT. 5/19/2008 Page 1 of 1 Valeic, Denise From: Shannon Dawson [ShannonDawson@comcast.netj Sent: Monday, May 19, 2p08 4:p5 PM To: kropmilr@bellsouth.net; jpike@envdesign.com; Francisco@perezarchitects.com; cglickstein@ironwoodproperties.com; pzacks@sal5.state.fl.us; chalberg@bellsouth.net; PZmaii@MyDelrayBeach.com Subject: Lake Ida Neighborhood Overlay District Dear Planning & Zoning Board Members, As a property owner and Realtor who lives and works in this area, I am deeply concerned about the proposed "Lake Ida Neighborhood Overlay District". i own two properties on N. Swinton Avenue, one of which lies within the boundaries of this proposed district. I am strongly opposed to creating such an overlay district with associated "guidelines" for the following reasons: o Avery small minority (approx 3%} of property owners from the area created and voted in favor of this large overlay district that will impact over 700 properties. In NO way does this represent a majority of the neighborhood. o There is simply no need to have an overlay district for this neighborhood. Relatively few new homes have been built in the area over the Last 10 years. Even during the real estate boom, only a small handful of homes were built. Between today's elevated construction costs and a declining real estate market, there is little risk of developers lining up to build homes that will desixoy the "character" of the neighborhood. o The boundaries proposed will create an extremely large district that includes a wide variety of homes. It is more like several neighborhoods within a neighborhood. Unlike North Beach/Seagate and Ocean Neighborhoods, it is impossible to classify the "character" of the Lake Ida neighborhood because the homes are quite diverse in size, shape, architecture, etc. The only way to characterize it would be to say that it is extremely eclectic. o Once the overlay district is created, what amendments are going to be made later?? At the workshop last week, Paul Dorling mentioned the possibility of adding height restrictions and other restrictions from the recently amended historic district regulations. As property owners, we become vulnerable to losing our property rights one by one as time goes on. Revisions to the historic preservation guidelines are a prime example of how a relatively simple ordinance can morph into 35 pages of baffling restrictive regulations over time. o Overlay restrictions will have negative consequences for property values in this area. Properties in Lake Ida are currently more desirable than other nearby restricted neighborhoods such as Del Ida Park Historic District. This is not a charming Beach neighborhood nor is there an abundance of beautiful historic architecture to marvel at... People need to be free to improve their homes as they see fit and continue to beautify the neighborhood. Restrictive building regulations will have negative consequences. It will deter improvement and prospective buyers will be less likely to take on the properties that need improvement. Please don't recommend approval for the "Lake Ida Neighborhood Overlay District". Sincerely, Shannon Dawson 5iz2~aoos Pape, Scott From: Allen, Jasmin Sent: Wednesday, May 21, 2008 8:56 AM To: Pape, Scott Subject: FW: Lake Ida overlay -----Original Message----- From: Gary Hansen [mailto:hansen0lC~bellsouth.net] Sent: Friday, May 16, 2008 10:12 PM To: PZmail@MyDelrayBeach.com; Allen, ~7asmin; Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetzer, Fred; Eliopoulos, Gary Cc: lakeidaoar@gmail.com Subject: Lake Ida overlay To whom it may concern: My name is Gary Hansen, and I live in Lake Ida. I wish it to be known that I vehemently oppose any new building restrictions or guidelines being imposed on my property. I purchased in lake Ida because I appreciate the diversity we have here and the fact that there is no HOA to dictate design guidelines etc. The existing codes have enabled our neighborhood to experience excellent growth in property values. I am including below a Letter I wrote to the P&Z board members further explaining my position on this matter. Please contact me with any questions Gary Hansen Gary Hansen 1104 N.W. 4th Av. Delray Beach Fl. 33444 Email: hansen0l@bellsouth.net Cell #~: 561-441-048& To: Delray Beach Planning and Zoning board Members Regarding: Proposed Lake Ida building restrictions sirs and Madam, I will start with the good. Thank you all for deciding to move the Lake zda agenda forward at last months meeting. I, for one, thought it was very considerate of you to do this. However, T find your decision to instruct city staff to spend their time and my and tax dollars to review the proposed Lake Ida overlay VERY SHAMEFUL_ You were told the statistics in the meeting: approximately 20 people {that may be as few as 10 property owners!) proposed restrictions that would impact over 700 kzomes. BEST .CASE SENERIO THAT IS NOT EVEN 3~S OF THE EFFECTED HOME OWNERS! Your decision to mandate a city review of what this tiny group proposed was irresponsible. If I came to you with 19 or so other people and stated 3Lake Ida will be ruined unless we made certain that all new roofs be greenz you would laugh my 19 friends and I out of the room! This is no different. Lake Ida does not have a H.O.A. I signed no documents when I bought my home stating that any homeowners group would govern me. The people who propose these restrictions were neither elected nor appointed by our neighborhood to represent Lake Ida homeowners! I spent close to three years looking in Lake Ida before I was finally able to buy my home. I liked Lake Ida because .of the location, diversity and most importantly, lack of H.O.A_ restrictions. I refused to buy into a H.O.A. controlled community. z am not willing to let neighbors decide design criteria for my home, and I believe that. those around me should z not have me dictating their home design! While I may have excellent taste, they are the ones paying for their homes and taxes,`why should I have any say in what they build? The existing setbacks and codes that are already in place in Lake Ida have allowed for a great deal of diversity and significant growth in property values. As I see it, there are only two expectable answers to those who want additional building restrictions. I) You bought into an uncontrolled community. If you do not like the way it is developing, sell your home and move into a controlled community that you feel meets your design criteria. 2) Tf you want to place further restrictions on YOUR OWN property, you may do so. each individual homeowner should make this decision voluntarily. I have attempted to state my opinions as concisely as possible here, and at that, I did not express half of what I would like to have. I am disgusted that I now have to spend my time and efforts to protect rights that should never have been jeopardized in the first place. I unfortunately, due to a busy workload, will not be able to attend the meeting on the 19th. I can assure you that I will do all I can to block any actions to place additional restriction on my property! If any of you would like to discuss this with me further, please feel free to call me at the number above or contact me via email. Thank you for taking the time to read this, Gary Hansen 2 May i2, 2008 Scott Pape City of Delray Beach 100 NW 1St Ave. Delray Beach, FL 33444 Dear Scott, As a resident of Lake Ida and a homeowner of a two story residence I am opposed to the guideline package that the Task Force has recommended. Generally, I believe we have codes already in place and do not need more regulation. I have found first hand that even if you were to abide by these guidelines or ones similar, single story homeowners are not pleased with a two story home being built adjacent to them. With that being said, I would like to address the landscape requirements which are number 5 in the guidelines. This calls for new homes to adapt the landscape requirements for the Beach Districts. The Beach District guidelines are cumbersome, complicated and an example of bureaucracy at its worst. Delray Beach has a landscape code that is clear and well written. A landscape plan is already required for residential development. A landscape architect must design, sign and seal this plan and the city must review the drawing for compliance with the code. As a design professional, I feel the code is satisfactory. For additions, the guidelines call for supplemental landscaping of a 14' ht. shade tree every 10' or an 18' ht. palm every 8'. These trees and palms would be very close together and in same cases, would not allow for the tree or palm to take an its natural growth habit and form. Different trees and palms have various size canopies but this guideline does not take that into account. I believe this guideline would cause problems far the homeowner building the two story home as well as the homeowner living adjacent to this landscape buffer. With homes next to FPL easements, large trees and palms cannot be planted adjacent to these easements. FPL has the "right tree, right place" requirement. The only trees and palms that can be planted near these easements are trees and palms, which in theiur maturity, stay below the utility lines and would not reach a second story. Shade trees such as Live Oaks have to be planted 30' away from overhead lines. Palms such as Royals need to be planted 17' away from the overhead lines. In some cases, the landscape guideline may not be attainable and become too restrictive. Sincerely, ~~ Carol Borough Perez, L dscape Architect 330 N.W. 16th Street, Delray Beach, FL Page 1 of 3 Pape, Scott From: Valek, Denise Sent: Monday, May 12, 2008 7:48 AM To: Pape, Scott Subject: FW: an Architect and task team members response...please send this to everyone Scott, FYI DecriQe ~ `IlaQel~ Executive Assistant Planning & Zoning Department City of Delray Beach 900 NW 9stAvenue Delray Beach, FL 33444 Phone: 569-243-7049 l=ax: 569-243-7227 valek@ ci.delray-beach.8. us From: JoAnn Peart [mailto:joannpeart@comcast.net] Sent; Friday, May 09, 2008 9:56 PM To: PZmail@MyDelrayi3each.com Subject: Fw: an Architect and task team members response...please send this to everyone ----- Original Message ----- From: JoAnn Peart To: Fetzer, Fred ; McDuffie, Woodie ;mayor _ mydelraybeach.com ; kropmilr@bellsouth.net ; jpike@envdesign.com ; gpe a~aol.com ;Francisco Perez-Azua ;Ellis, Rita ; ddddowd[ci)earthlink.net ; CityManager@mydelraybeach.com ; chalberg~bellsouth.net ;Cary Glickstein Sent: Friday, May 09, 2008 9:53 PM Subject: Fw: an Architect and task team members response...please send this to everyone ----- Original Message ----- From: JoAnn Peart To: Paula Honker ;tom honker Sen#: Friday, May 09, 2008 9:43 PM Subject: an Architect and task team members response...please send this to everyone ----- Original Message ----- From: Roy M. Simon Architect To: JaAnn Peart Sent: Friday, May 09, 2008 2:39 PM Subject: Re: LAKE IDA OVERLAY DISTRICT Yes, you may send it out. More people need to know the process, instead of all the double talc that is going on. For instance, the fact that garages are included in "building area" is not new; it has always been the case, although not defined. Furthermore, we have suggested that porches, covered patios and balconies not be included in the "building area", which is new to the Code. 5/14/2008 Page 2 of 3 Roy Roy M. Simon, A.LA., Architect, After reading the original letter, in addition to the mailers sent to homeowners, it becomes obvious that the proposed changes to the zoning code and the process being followed are misunderstood and, in some cases, deliberately misinterpreted. If there had not been citizen input and suggestions to the elected representatives over the past 56 years, there may not be a zoning code or at least not as voluminous one. No person, that I am aware of, has considered nor wants to form an organization that is considered a "Home Owners Association" with deed restrictions, common properties etc. Nor is anyone contemplating taking over. A short list of suggestions, discussed, reviewed, and presented to all residents of the "Lake Ida" area, was presented to the City for consideration and, hopefully, approval. City staff will study the proposal and submit a report to the P & Z Board, who will look favorably on it or recommend disapproval. Somewhere along the line, it may reach the City Commission, who then makes the ultimate decision. This the typical procedure for any initiative by any citizen or group of citizens. Roy Roy M. Simon, A.1.A., Architect 140 N.B. Fourth Avenue, Suite A Delray Beach, FL 334$3 (561)278-1914, Fax (561)278-9907 FL Registration #AR2595 rmsimonarchitect(cx?bellsouth.net ----- Or Sent: Monday, May OS, 2008 9:40 AM To: pzmail(c~mydelraybeach.com; aller~~ydelraybeach.coxn; Subject: LAKE IDA OVERLAY DISTRICT Dear Planning and Zoning Board Members and friends, My experience is that the elected representatives of the City of Delray and the people they hire do an excellent job of dealing with each set of circumstances presented by citizens in the form of permits, complaints or otherwise based on the merits. of individual situations personably, efficiently, respectfully and honorably. Haying a Neighborhood Layover District and `task force' or controlling body by any other name in my opinion promotes favoritism, confusion and coercion in the form of pay-offs as proven in the following letter and controversy over the sum of $8,000. Lake Ida does not need to be a separate area or over-lay district to be controlled by a few self-appointed representatives who become asub-governing body. What is wrong with the Delray Beach City regulating the Lake lda area as it does the greater Delray Beach City area? I attended the P&Z BOARD meeting on April 21. I applaud the only member of the board {sorry I don't remember his name} who didn't already have his mind made up and 5/14/2008 Page 3 of 3 suggested to at least to listen to what people who live in the Lake Ida community have to say. I'm so sorry that I did not stand and applaud him right then and there. My immediate neighbors that I have spoken with about this matter feel as I did. And that is, if we just ignored the personal objections between particular opposing neighbors that this idea of task force opposition would all go away -but not so. [t seems there will soon be a progression to having the equivalent of a Condo or Co-op Board which in some cases attracts self-serving individuals who attempt to use these associations to control their neighbors and later.to collect small but escalating fees for reviewing and incorporating more rules and regulation-guidelines forcing everyone in their jurisdiction to become accountable to them. No thank you, I am NOT in favor of a Lake Ida Neighborhood Overlay District OR ASSOCIATION, TASK FORCE OR SEPARATE COMMUNITY from the Greater Community of the City of Delray Beach! Lake Ida Property owner, Following letter referred to above: Dear Mr. Degnan, This .process started 2 years ago...we had several neighborhood wide meetings with every notice going in the mail to every resident. We also sent out a survey to every resident and EVERY person who expressed an interest was invited to be on the commit#ee. The guidelines were mailed out to everyone in a recent newsletter. The commmit#ee was chaired by Sam Shannon who has an extensive background in city planning and two architects who live and work in the neighborhood..The proposed guidelines are also posted on our new web site...l will ask Tom to send out your email with our response and the new website This is a free country and Phil Calnon has a right to let his feelings be known, but he could have participated in the process instead of waiting to throw a wrench in at the 11th hour. Sam Shannon asked him to contact him and come to the next task team meeting and he did not; also months ago he met with the board and said if we would help him get relief from the city from the requirements to put in sidewalks to his building sites he would give us $8000 dollars to use for Design Guidelines. We wrote a let#er to the city also because we knew the residents on Hibiscus Lane did not want their charming little lane widened any more than it had to be but we never recieved the money, which is fine except now the attacks seem unfair. Any questions call me at 276 8968....JoAnn Peart 5/14/2008 Page L of 3 Pape, Scott From: Valek, Denise Sent: Monday, May 12, 2008 7:48 AM To: Dorling, Paul; Pape, Scott Subject: FW: Lake Ida Design Guidelines FYI De4tiae ,4. 2/a~e~ Executive Assistant Planning & Zonrng Department City of Delray Beach 900 NW 1stAvenue Delray Beach, FL 33444 Phone: 559-243-7041 Fax: 567-243-7229 valek(~ci. delrav-beach.fl.us From: sally wheeler [maiitoaallywing2001@hatmail.com] Sent: Friday, May 09, 2008 12:12 PM To: PZmail@MyDelrayBeach.cam Cc: Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetrer, Fred; i=liopoulos, Gary; joannpeart@comcast.net; sam.shannon@comcast.net Subject: FW: Lake Ida Design Guidelines Mr. Paul Dorling Director of Planning and Zoning in Delray Beach Re: Lake Ida Design Guidelines Dear Mr. Dorling: I am a homeowner in the Lake Ida neighborhood and wanted to make sure you are aware (although you probably are by now) that there is some opposition to the proposed restrictions we have just begun to hear about. I did not realize we were having an issue with "Design Guidelines" until I received Phil Colnon's letters/flyers. I was not aware that something was afoot as far as making suggestions to the city about placing restrictions on the building or use of our own property. One of the items I read in the paper the other day had Thomas Honker saying that the entire 180-plus-member neighborhood association was far the guidelines. That can't possibly be true, and I resent it being published. I've been a member of LIPOA since its inception; I do not "support the development restrictions" as Mr. Honker was quoted as saying. Development restrictions limit the value of my property; I don't understand his saying that property values are brought down when guidelines are not in efFect. I've lived in my house since 1981 {it was built around 1963); the property value has increased quite a lot in the ensuing years, with only the current rules in place. I am not interested in the current rules being changed at all, and definitely not changed just because a small band of owners wants to determine what I or future owners of my property can do with it. If there are only 180 members in a 750-house neighborhood, that's less than a quarter of the owners. If there are only possibly 10 houses not meeting the proposed guidelines, we're talking about little more than 1%--in how many years? (and haw many spec homes are being put up in the current economy?) If the task force is made up of 22 people, they're going on a very insulated 3% of the neighborhood owners and 12% of the LIPOA. The whole process is skewed to the people who took the time to participate, which in most cases are going to be the ones who can afFord the time, especially in the early stages. As Colnan said, if we aren't interested in setting 5/14/2008 Page 2 of 3 up guidelines why would we respond to an invitation to a task force to set up guidelines? Of course, at this point, I realize why we should have done so. I know the task farce members have invested much time and effort and, perhaps, it needed to be done--if only to shake up the rest of us who are quite comfortable in our neighborhood. But I absolutely do not want this wonderfully eclectic group of homes and inhabitants to become as homogeneous as a gated community or as strictly ruled as a condo community. That's not why we moved here. The current "rules" do not need to be changed. One of the nice things about this neighborhood is its stability (with the many families who have lived here for years and years) AND its renewal (with the new families who move in). Our rights should not be curtailed in any way by these new guidelines; we don't need or want any new guidelines. We have no problem living with rules that were in place when we bought our house, but we don't want to create new ones UNLESS it's by unanimous agreement; that means ALL the owners. When Charlie Simon sold his home vn the next street over and the lot that bordered ours, we worried about what was going to happen. We'd always talked about first dibs on that lot, the citrus orchard, just to keep it undeveloped, but we don't always get what we want. And didn't that buyer flip that property at least once before the current owners bought the lot? We watched that new house be built and worried more because it seemed to be so big and seemed to be out of character for our street {but not necessarily for the neighborhood). However, the new owners were sensitive to all the neighbors, there was never a dispute, they worked out the fencing, the boundaries, the landscaping with never a cross word. Naw we have great neighbors in a house that doesn't seem out of place at all; it's helped to rejuvenate the area with kids playing {along with the family on the other side of us, too); and good neighbors are always goad to have. I'm trying to figure out why there appears to be a need for these rules anyway. And, if they're called "guidelines", do you break the law by not following them? If so, then they're not really just guidelines, are they? I can certainly perceive a problem if someone builds amulti-story home that can then look into a neighbor's up- till-then private yard, pool area, windows--I'd feel there was an intrusion into my space. As I said, my newest next-door neighbors made me nervous with the construction of their new two-story BIG home, but the big oak they planted in the front yard (along with other landscaping) saved us from that intruded-upon feeling. I would not be happy with government rules, though, that absolutely required those neighbors to put in a tree (and, in the process, told them what size and kind was acceptable); this sort of thing is best taken care of by a sense of neighborliness. It seems that the older folks who want to stay in their smaller one-story homes aren't really being affected much financially by the construction of new and bigger homes near them or the add-on construction of their neighbors, except with an increase in actual property values; they are not impacted much as far as their tax bills are concerned. It will only really come into play when they decide to sell, and the new owner will get hit with a tax bill commensurate with the bill of sale, correct? At that paint, the older owner is gone, and the new owner should be able to put up a mansion or not. The sellers want a bigger price;. the residents who stay do not want to fee( crowded or intruded upon AND they don't want the new neighbors to cause them any financial difficulty. The tax cost is not actually a problem here for the current residents because of the "save our homes" law, if I understand that correctly. If the problem isn't cost, then we likely are talking more about the feeling of intrusion, change, and taste. We can. manage the intrusion, I think, without the major square footage and setback limits--landscaping will likely be the big help. BUT on a lot such as ours, telling us we'd have to put up so many palms or sa many full-grown trees would probably not be as "necessary" as maybe telling the people down at the end of the block that they have to do so. I think it may all depend on the property itself, and bne size does not fit all. People who don't like changes in the neighborhood really do have to get over it. And we just can't legislate taste. It comes down to the people moving into the neighborhood needing to be good neighbors, and the people who stay also needing to be good neighbors. How do you make that happen? The 1_IPOA area is a very diverse neighborhood--different ages, different sizes and types of homes, different-sized lots. What is the problem here? There is no way to come up with one-size-fits-all rules. Roy Simon actually S/1 ~/2008 Page 3 of 3 mentioned this in one of his emails to the LIPOA, but. his words were "they did like the idea of maintaining the scale and proportions of the neighborhood." This is the point, Ithink--there is na specific scale and proportion IN this neighborhood. I've driven around it just recently, trying to find what the "problem houses" might be. There are, as I said, all sizes of lots and homes, all types and ages of homes and landscaping; many versions of home upkeep. This is an eclectic collection of properties and people, and there is no specific scale and proportion to maintain. JoAnn Peart mentioned in one of her emails the houses a Fort Lauderdale developer built (and which now look somewhat abandoned and unfinished) and how he changed whole neighborhoods. He cannot, however, accomplish that without owners selling and new neighbors buying; once a home has been bought, the new neighbors will more than likely fix the perceived problems (more landscaping needed, for example) but that requires a normal neighborly sense of pride. That is not something that needs to be ruled an by the city. In looking at those particular houses, though, they don't look intrusive or outsized; they just look sort of ugly and unfinished; you can't make laws of attractiveness. What I think is pretty isn't necessarily what you think is pretty; and even if we could agree, what right do we have to tell someone else they've got bad taste? It's up to us all to maintain our property to keep up our property values, at least to the best of our economic ability. The area attracts people who can more ar less afford to live here. There will always be a bad neighbor or two, and our previous next-door neighbor was one of those, replaced by a great family with small kids, thank goodness! But you just can't legislate behavior or pride in your neighborhood; I don`t want anyone telling us what we can do on our own property. And the fact that a few people in the neighborhood are willing to give up property rights just boggles the mind! Isn't there such a thing as deed restrictions? Could that be a possibility for those property owners who might want to institute these guidelines ON THEIR OWN PROPERTY? That way, those few get what they want, on property they control, without imposing their will on those who are not interested. Thanks very much for your time and consideration. Sally W. Wheeler 2001 NW 4 Avenue Delray Beach, FL 33444 cell 561-251-1334 cc: Delray Beach City Commission members cc: LIPOA -- JoAnn Peart, Sam Shannon With Windows Live for mobile, your contacts travel with you. Connect an the go. 51141200$ Page 1 of 2 Pape, Scotfi From: Valek, Denise Sent: Monday, May 12, 2008 7:49 AM To: Pape, Scott Subject: FW: Lake ida NeighborhoodlDesign Guidelines Yes, Building Restrictions No FYi De~ae ~ `I/a~el~ Executive Assistant Planning & Zoning Department City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Rhone: 561-243-7041 Fax: 561-243-7221 vale k@ ci. d e l ra y-b e a ch. fl. us From: Kevroart@aol.cam [mailto:Kevroart@aol.com] Sent: Thursday, May 08, 2008 4:39 PM To: PZmail@MyDelrayBeach.com Subject: Lake ida Neighhorhood~Design Guidelines Yes, Building Restrictions iVo Good day, We live at 1002 Lake Shore Drive in the Lake Ida neighborhood. While we support design guidelines we do not support building restrictions. Deb & I attended the first neighborhood design meeting, participated in the written survey, and are active Lake Ida Property Association members. We understand the intent -personal property privacy i.e., not allowing mini-mansions to dwarf an existing neighbor. However, we fear the unintended consequences. Considering the new restrictions are for all new and existing homes, here's a look at our personal circumstance: The footprint of our single story home already exists {approx 3400 sq ft incl garages w/lot size approx 12k). Our dream for the future includes a second story (we'd have lake views! and a roomy art studio etc}. The 'design' committee chairperson Sam Shannon has confn7med we are allowed an 800 sq ft addition max according to the new restrictions (-I didn't see this on the web site so I inquired about specifics). Setting the dream aside far a moment, we couldn't justify a major capital investment for a minimal return. Instead, design guidelines could include tall solid fences & mature plantings for new residents and general maim for existing residents. I think it is more than reasonable to define what is or isn't generally desirable & compatible for our neighborhood. With that said, I am not able to support building restrictions. Real estate values depend mainly upon development potential, either already built or possible in the future. Increasingly restrictive regs doesn't seem sensible. While listening in the April 21 P& Z meeting I was thinking, it's not like we bought a historic home in a historic district and am now surprised there is strict criteria. The .idea of taking away future personal property options concerns me. Further, I also wander if its fiscally responsible especially during an economic slowdown (consider-construction spending, jobs & the loss of pemutting and extra tax revenue to the City). Noteworthy, there's been a lot of home building, and big additions & renovations in our' neighborhood lately. Suggestion, the neighborhood cld have an advisory Comte (like we did in Pineapple Grove) whereby all new plans have to go thru for recomndtn or rejection and then head upstream to the City boards. Or, anyone 500 ft around project is notified and can then attend meetings. We've shared our views with 7oanne Peart (who we luv, but in this case disagree). Please feel free to share our email with anyone that maybe interested. P.S As it is now, we live with little privacy. The newish development behind us (acrs the canal) chose to do little, if any, 5/14/2008 Page 2 of 2 backyard landscaping and their windows pear into our nr~ain living room.. We've been doing what we can on our side to mitigate and wish they'd do the same. Sincerely, Kev & Deb Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. {http:/lfood.aol.comldinner-tonight?NCID=aolfod0003000000000'I } 511 x/2008 Page 1 of 2 Pape, Scott From: Allen, Jasmin Seat: Monday, May 05, 2008 4:50 PM To: Pape, Scott Sub]ect: FW: LAKE IDA OVI=RLAY DISTRICT From: pcopani@mindhealingmiracies.com [mailto:pcopani@mindhealingmiracles.com] Sent: Monday, May 05, 2008 12:40 PM To: PZmail@MyDelrayBeach.com; Allen, Jasmin; E. MICHAEL DIXOIV; John Fitzsimmons; audiencex@aol.com Subject: LAKE IDA OVERLAY DISTRICT Dear Planning and Zoning Board Members and friends, My experience is that the elected representatives of the City of Delray and the people they hire do an excellent job of dealing with each set of circumstances presented by citizens in the form of permits, complaints or otherwise based on the merits of individual situations personably, efficiently, respectfully and honorably. Having a Neighborhood Layover District and `task force' or controlling body by any other name in my opinion promotes favoritism, confusion and coercion in the form of pay-offs as proven in the following letter and controversy over the sum of $8,000. Lake Ida does nat need to be a separate area or over-fay district to be controlled by a few self- appointed representatives wha become asub-governing body. What is wrong with the Delray Beach City regulating the Lake Ida area as it does the greater Delray Beach City area? I attended the P&Z BOARD meeting on April 21. I applaud the only member of the board (sorry I don't remember his name) who didn't already have his mind made up and suggested to at least to listen to what people who five in the Lake Ida community have to say. I'm so sorry that I did not stand and applaud him right then and there. My immediate neighbors that I have spoken with about this matter feel as I-did. And that is, ifi we just ignored the personal objections between particular opposing neighbors that this idea of task force opposition would all go away -- but not so. It seems there will soon be a progression to having the equivalent of a Condo or Co-op Board which in some cases attracts self-serving individuals who attempt to use these associations to control their neighbors and later to collect small but escalating fees for reviewing and incorporating more rules and regulation-guidelines forcing everyone in their jurisdiction to become accountable to them. No thank you, 1 am NOT in favor of a Lake Ida Neighborhood Overlay District OR ASSOCIATION, TASK FORCE OR SEPARATE COMMUNITY from the Greater Community of the City of Delray Beachl s~s~2aog Page 2 of 2 Lake Ida Property owner, Peter Copani - PCopaniCr~MindHeaLngMiracles.com Following letter referred to above: Dear Mr. Degnan, This process started 2 years ago...we had severs] neighborhood wide meetings with every notice going in the mail to every resident. We also sent out a survey to every resident and EVERY person who expressed an interest was invited to be on the committee. The guidelines were mailed ouk to everyone in a recent newsletter. The cammmittee was chaired by Sam Shannon who has an extensive background in city planning and two architects who live and work in the neighborhood..The proposed guidelines are also posted on our new web site...l will ask Tom to send out your email with our response and the new website This is a free country and Phil Colnon has a right to let his feelings be known, but he could have participated in the process instead of waiting to throw a wrench in at the 11th hour. Sam Shannon asked him to contact him and come to the next task team meeting and he did not; also months ago he met with the board and said if we would help him get relief from the city from the requirements to put in sidewalks to his building sites he would give us $8000 dollars to use for Design Guidelines. We wrote a letter to the city also because we knew the residents on Hibiscus Lane did not want their charming little lane widened any mare than it had to be but we never recieved the money, which is fine except now the attacks seem unfair. Any questions call meat 276 8968....JoAnn Peart ~i--[if !supportEmptyParas]--> ~l--[endif]--> 5/5/2008 Page 1 of 2 Pape, Scott From: Valek, Denise Sent: Thursday, May 01, 2008 10:58 AM To: Dorling, Paul; Pape, Scott; McDonnell, Mark Subject: FW: Restrictions in Lake Ida FYI De~iQe ~ `IlaEe~ Executive Assistant Planning & Zoning Department City of Delray Beach 9D0 NW 9stAvenue Delray Beach, FL 33444 Phone: 569-243-7041 Fax: 569-243-7221 valek(~ci.detray-beach. tl, us From: Kathysmith004@aal.com [mailto:Kathysmith004@aol.com] Sent: Tuesday, April 29, 2008 1:05 PM To: sam.shannon@camcast.net; joannpeart@comcast.net; Eliopoulos, Gary; LakeIdaOAR@gmail.com; PZmail@MyDelrayBeach.com Cc: CatyManager@MyDelrayBeach.com Subject: Restrictions in Lake Ida Sam Shannon, Chair Design Guidelines Task Force JoAnn Peart, LIPO Board Member Paul Dorling, Director Planning & Zoning Gary Eliopoulos, Commissioner & Lake Ida property owner Phil Colnon, Lake Ida property owner David Harden, City Manager & Lake ]da property owner Lake Ida property owners are in a civil war over these Guideline Restrictions. True facts are skewed, there is widespread hearsay and gossip depending which side you are on. I personally believe that unless these restrictions will affec# your home, the lot next door, the lot behind you or the lot you own, most people in this neighborhood have no concept of what these restrictions mean_ I have heard comments: "I will not be able to build a second floor..." "We need regulate the size of the houses because we should be good stewards ofahe environment." "I don't want any more cookie-cutter houses, like Boca here:°' From what l understand these restrictions make all these statements hearsay. Correct? Is it reasonable that that this resolution to change the overlay district and design guidelines should be reviewed by the City when only 43 people in Lake Ida neighborhood voted to recommend? From what I understand from BPOA guideline process they needed 60%W65% backing from the homeowners. I also understand that a no response from a BPOA homeowner was a vote against restrictions. 5/1/2008 Page 2 of 2 Did the original survey that was mailed April 2006 to LIPO residents have 60°/o-f5% positive feed back? Did you receive 420 positive responses? Because your report suggests that the restriction guidelines came from LIPO vote where 45 people showed up and not from the LIPO survey, the ratio of voters at your meeting does not qualify as a majority vote when we have approx. 700. homes. Correct? If someone was not interested in having restrictions, any restrictions, why would they go to a Restriction Design Workshop? To be heckled by their neighbors? Some of my neighbors just don't have an opinion and they are certainly not going to an angry mob meeting at City Hall. Maybe now that we have an uproar about restrictions and we have some very strong opinions. Now that everyone knows that these restrictions will became law, the homeowners will be most interested to understand what the restriction will actually mean to them. Gary, Sam & Paul please create a piece of literature that is specific enough for a[I residents to understand what these restrictions will mean. Put it on the Lake Ida website so all residents can be on the same page and informed enough to have the correct understanding of these guidelines. This will stop the sign posting, a-mail wars, hearsay and crazy ideas of the uninformed. The listing of the restrictions on the website 'as it now stands is very vague to average person and the details only understandable to those in the know. The details need to be defined so the lay person can understand. Why would LIPO Design Committee or the City want a room full of uninformed and angry people at a Planning and Zoning Meeting? Lets consider a calmer way to resolve this than fighting at the May P&Z meeting_ This scene will make for good headlines in the morning newspaper. This is not good for the neighborhood, it is pitting next door neighbor against next door neighbor. Kathy Smith, 20 year LIPO resident. Need a new ride? Check out the largest site fior U.S. used car listings at AOL Autos. S/ll2008 Page 1 of ~ Pape, Sco#f From: philip colnon [pcolnon1 @bellsouth.net] Sent; Thursday, April 24, 2008 6:43 AM To: Pape, Scott Subject: LAKE IDA Scott, lam against any restrictions for the area. How does a single story house of any size adversely affect anyone. !have lived in the area far 22 years. Change is not always a bad thing. Out of over 750 homes these people seem to be upset about less than a dozen. There does not seem to be a majority in favor. Any drafts completed or requests for information to the task force I would like to get a copy. The beach area and Marina District does not include the water front homes. There are 31 lake front homes in this area. I have spoken to 15 so far and ALL are in agreement that we should exclude ourselfs from any restrictions. What is the first step? Phil Colnon 561-929-8680 4~24~Zaos Page 1 of 2 Pape, Scott From: Allen, Jasmin Sent: Tuesday, May 06, 2008 4:27 PM To: Pape, Scott Subject: FW: Land Development Regulation in Lake Ida Neighborhood Please see a-mail below Jasmin From: DealerAutoF~cchng [mailto:dealerautaexchng@aol.comj Sent: Tuesday, May 06, 2008 4:15 PM To: PZmaii@MyDelrayBeach.com; Allen, Jasmin; Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetrer, Fred; E[iopoulos, Gary Cc: mamelung@bellsouth.net; chester.kwasniewski@bostonbeer.com; chester@bostonbeer.com; Jeff@dayjet.com; nomad567@ustruss.com; dozerBa; LisaBugGirl; mitchlampert@hotmail.com; erik_ring@msn.cam; lakeidaoar@gmail.com Subject: Land Development Regulation in Lake Ida Neighborhood am writing this email to express my opposition to the building restrictions being proposed in the Lake Ida neighborhood. I am unable to attend the next few meetings on this subject as f will be out of town. I hope that this letter will serve as my voice instead. I, as mast in the neighborhood, are amazed that this topic has made it's way to being considered by the city. This is a topic that a small number of individuals in our neighborhood have dreamed up on their own and have moved forward with in a secretive way to avoid the opposition that the majority of the neighborhood would express. You state that these amendments are based on "recommendations of the Lake !da Property Owner's Association". This 'Association' is not a legal entity that represents the people of our neighborhood. And it certainly does not represent my wishes or thoughts on anything to da with our neighborhood. I have no desire to have a Condo style association in the Lake Ida Neighborhood. Those that do, should move into a condo or gated community that already has such a thing. This 'association' was originated by a group of people who lived in our neighborhood that organized monthly "get to know your neighbor" parties. How has this developed into a group that calls itself a "property owner's association" and is making recommendations to the city far building restrictions. This is ridiculous) The people involved in this movement claim that they sent out a 700 count mailer on the topic. By their emails, they have 23 people involved. How can they insinuate that they represent the neighborhood when they have received a 3% response? I certainly hope tha# there is a proper mailing to inform the people of this neighborhood what a small number of people are trying to get' passed that will affect every one of us. The building restrictions you are considering will do nothing but limit our neighborhood. How can a neighborhood with a majority of the pauses being built in the 50's with square footages less than 1500 ever continue to support prices in the $500,000 range without the ability to expand them? If you limit the expansion ability of the houses in our neighborhood, then you limit the values and the number of people willing to buy. You can not compare this neighborhood to the beach area like the supporters are. The beach area already has houses much larger than the ones throughout the Lake Ida area. I`d love to know what the average square footage of the houses in the beach area is compared to our neighborhood. Our neighborhood is filled with 2 bedroom - 2 bathroom houses with square footages in the 1300 -1500 range. I don't think I'm out of line in saying that houses like these are good for single people, an older couple or a new family with one child. Now, find me a large enough group of single people, older couples or new families that can afford a house in the $400,000 - $500,000 range to support the real estate sales in our area. And if there are same willing to pay the price to get into the neighborhood, why would you force them to sell and move somewhere else to a larger house if their family grows. That's crazy) Let's keep them in our neighborhood and allow them to expand their house as needed to suit their family. 5/7/2048 Page 2 of 2 I've lived in Delray Beach since 1988 and have watched it go from a seedy, small town with the flashing yellow lights on Atlantic Avenue so vehicles didn't have to stop in the drug ridden area at night; to a beautiful seaside town that has become a des#ination for the surrounding residents and the winner of the All American City award twice. This did not happen by placing restrictions on the development of the city. It happened by taking a chance and supporting the development of our city. And this is why these proposed building restrictions need to be abolished. We should support those people that wish to support our local tradesmen and construction industry by building additions to enable their growing families to stay in our wondertul town, not limit them and force them to move. Sincerely, Jim "A 20 year Delray Beach resident" Jim Arnott 15 NW 17th Court Delray Beach, 1=lorida Plan your next roadtrip with MapQu,eSt.com: America's #1 Mapping Site. S/7/2008 Page 1 of 2 Pape, Sco#t -From: Valek, Denise Sent: Wednesday, April 23, 2008 9:00 AM To: Pape, Scott Cc: Dorling, Paul; McDonnell, Mark Subject: i=w: Proposed overlay restrictions to Lake ]da properties FYI 27e~tiae ~ `r<laPe~ Executive Assistant Planning & Zoning Department Cify of Delray Beach i00 NW 1st Avenue Delray Beach, FL 33444 Phone: 569-243-7041 Fax: 569-243-7221 valek@ ci. defray-beach. fl. us From: Tor~yshelly@aol.com [mailto:Tonyshelly@aol.com] Sent: Tuesday, April 22, 2008 8:40 PM To: PZmail@MyDelrayBeach.com Cc: Ellis, Rita; Montague, Brenda; McDuffie, Woodier Fetzer, Fred; Eliopoulos, Gary Subject: Proposed overlay restrictions to Lake Ida properties Shelly Petrolia 2002 NW 4~' Ave Delray Beach, FL 33444 {561) 703-3191 Apri122, 2008 Mr. Paul Dorling Director of Planning and Zoning in Delray Beach RE: Lake Ida Homeowner Proposed Restrictions Dear Mr. Dorling, I am a homeowner in-Lake Ida and wanted to voice my apposition to the proposed Lake-Ida overlay restrictions. I, like many other residents in the neighborhood, was never notified of the ongoing meetings regarding this issue as was mentioned in last nights hearing before the P&Z board. It appears that there is a formalized group of residents representing a few homeowners who desire additional building restrictions who have been meeting while others who might oppose these very restrictions are conspicuously absent or left out of these meetings. The stealth nature of these meetings is suspicious at best and makes me wonder if these residents fear a consensus against restrictions. I would hope that you would consider hearing from the residents as a whole. prior to any additional 4/23/2008 Page 2 of 2 research and/or funding of these changes in order to get a better understanding of what, we the residents want. While I am aware that it is a huge undertaking to try to educate the general population on what effect F.A.R restrictions can have on a property, owners need to understand that certain rights they now possess can be lost forever by adding the additional restrictions as proposed. Furthermore, last night, following the hearing, it was pointed out by one of the commissioners present that there are only a handful of properties that would not currently meet the proposed F.A.R. restrictions. If this is in fact the case, do we really have a building size issue here? Or rather, is the real issue being addressed? My guess is na. While I understand that there is a lot of opposition to `certain' larger homes that have recently been built looking more like `cookie cutter homes' in tract housing developments, it should be pointed out that these homes WOULD comply with the future restrictions proposed. Unfortunately, we cannot regulate `bad taste' which I believe is more the issue at hand here than F.A.R and building size. Sincerely, Shelly Petrolia Cc: City Commissioners Need a new ride? Chec€c out the largest site for U.S. used car listings at AOL Autos. 4/23/2008 Page 1 of 1 Pape, Scott From: don mackie (lakeidaoar@gmaiLcomJ Sent: Wednesday, Aprif 23, 2008 2:31 PM To: Alvarez, Amy; candi Jefferson; Smith, Danee i_.; Valek, Denise; Breto, Estelio; Jasin alien; madeleine tilker; McDonnell, Mark; Vinci, Michael; Dorling, Paul; rebecca truxel[; Haggard, Ron; Pape, Scott; Zubek, Scott Subject: lake ida building restrictions... IT APPALLS ME TO THINK A SMALL(20) PERSON "TASK" GROUP COULD NIT PICK OUR NEIGHBORHOOD,OF 700 PLUS HOMES, FINDING THINGS THEY DON'T HAPPEN TO LIKE, AND TRY TO ROOT THEM OUT! WHO ARE THEY TO SAY WHAT IS IN GOOD TASTE, OR, WHAT IS OFFENSIVE. I MOVED INTO THE NEIGHBORHOOD 23 YEARS AGO, BECAUSE IT WASN'T GATED. I'VE BEEN A LIPOA CODE ENFORCEMENT OFFICER, AND KNOW THERE ARE ALREADY RULES HOMEOWNERS MUST FOLLOW FOR APPEARANCE, AND, THAT THERE ARE CITY BUILDING CODES. THESE ARE GOOD THINGS FOR THE NEIGHBORHOOD. BUT, WHY WOULD A GARAGE OR CARPORT BE CONSIDERED THE SAME AS AIR CONDITIONED LIVING SPACE?? THIS WILL GREATLY EFFECT THE PEOPLE WHO OWN THE SMALLER LOTS. IF TASK MEMBERS WANT THE PRNACY ISSUE ADDRESSED, THEY SHOULD CONSIDER DIFFERENT PLANTINGS. THE PROPOSED LIKE LIVE OAK WOULD OUTGROW PROPERTY AREA AND HAVE TO BE TRIMMED OFTEN, AS TO NOT TOUCH FPL LINES ETC. I KNOW THESE RESTRICTIONS WERE NOT PROFESSIONALLY DRAFTED. NOW THE CITY MUST SPEND TIME AND OUR MONEY TO MAKE THEM WORK...WHY ARE THEY NOT CONSIDERED THE SAME TYPE OF GROUP AS THE BEACH HOMEOWNERS, WHO PAID TO HAVE, WELL THOUGHT OUT, RESTRICTIONS DRAWN UP? ANOTHER REAL PROBLEM, I AM HEARING FROM MY NEIGHBORS IS, THE SURVEY, IF THEY EVEN RECEIVED ONE, ASKED FLUFF QUESTIONS, AND NOTHING INDICATING HOW IT WOULD EFFECT ADDITIONS AND THE LIMITS OF SQ.FOOTAGE. THEN, WE WERE NEVER TOLD WHAT THE OUTCOME OF THE ,SURVEY WAS. THE NEXT TIME PEOPLE HEARD ABOUT IT,THE BUILDING RESTRICTIONS WERE ON THE AGENDA.......THIS IS NOT THE WAY I WANT MYDELRAYBEACH TO BE RUN. IF IT TRULY IS A NEIGHBORHOOD CONSENSUS THEN LET'S SEE ACTUAL ANSWERS AND NTJMBERS. REMEMBER, EVERYONE PAYS TAXES, AND EVERYONE SHOULD BE REPRESENTED. NOT JUST A FEW WHO CAN'T LIVE WITH THE CODES THAT ARE ALREADY IN FORCE. THANK YOUFOR YOUR TIME. I WOULD LIKE TO HEAR HOW YOU FEEL ABOUT THIS BEFORE THE NEXT MEETING MAY 19TH. WENDY SMITH COLNON 4/23/2008 Page 1 of 2 Pape, Sco## From: Allen, Jasmin Sent: Friday, May 09, 2008 8:55 AM To: Pape, Scott Subject: FW: Lake Ida NeighborhoodlDesign Guidelines Yes, Building Restrictions Na From: Kevroart@aol.com ~mailto:Kevroart@aol.comj Sent: Thursday, May 08, 2008 5:13 PM To: Allen, Jasmin Subject: Lake rda Neighborhood/Design Guidelines Yes, Building Restrictions No Goad day Jasmin, We live at 1002 Lake Shore Drive in the Lake Ida neighborhood. While we support design guidelines we do not support building restrictions. Deb & I attended the first neighborhood design meeting, participated in the written survey, and are active Lake [da Property Association members. We understand the intent -personal property privacy i.e., not allowing mini- mansions to dwarf an existing neighbor. However, we fear the unintended consequences. Considering the new restrictions are for all new and existing homes, here's a look at our personal circumstance: The foofprinf of our single story home already exists (approx 3400 sq ft incl garages wllot size approx 12k}. Our dream for the future includes a second story (we'd have lake views! and a roomy art studio etc}. The 'design' committee chairperson Sam Shannon has confirmed we are allowed an 800 sq ffi addition max according to the new restrictions {-I didn't see this on the web sifie so I inquired about specifics}. Setting the dream aside for a moment, we couldn't justify a major capital investment for a minimal return. Instead, design guidelines could include tall solid fences & mature plantings for new residents and general maint for existing residents. I think it is more than reasonable to define what is or isn't generally desirable & compatible for our neighborhood. With that said, I am not able to support building restrictions. Real estate values depend mainly upon development potential, either already built or possible in the future. Increasingly restrictive regs doesn't seem sensible. While listening in the April 29 P& Z meeting I was thinking, it's not like we bought a historic home in a historic district and am now surprised there is strict criteria. The idea of taking away future personal property options concerns me. Further, l also wonder if its fiscally responsible especially during an economic slowdown (consider construction spending, jobs & the loss of permitting and extra tax revenue to the City}. Noteworthy, there's been a lot of home building, and big additions & renovations in our neighborhood lately. Suggestion, the neighborhood cld have an advisory Comte (like we did in Pineapple Grove} whereby all new plans have to go thru for recomndtn or rejection and then head upstream to the City boards. Or, anyone 500 ft around project is notified and can then attend meetings. . We've shared our views with Joanne Peart (who we luv, but in this case disagree). Please feel free to share our email with anyone that may be interested. P.S As it is now, we live with little privacy. The newish development behind us {acrs the canal) chose to do little, if any, backyard landscaping and their windows pear into our main living room. We've been doing what we can on our side to mitigate and wish they'd do the same. Sincerely, Kev & Deb 5/9/2408 May 3, 2008 William & Catherine Degnan 1.009 NW 4~` Avenue Delray Beach, FL 33444 City of Delray Beach Planning and Zoning Paul Dorling l00 NW 1 S# Avenue Delray Beach, FL 33444 Re: Lake Ida Guideline Task Force Recommendatians Dear Mr. Dorling, {, °t Please-include this letter in'the`Lalce Ida Property Owners Association file-with respect to' the proposed "Design Guidelines" as an ohjectaon to the Guideline Task Force recommendations. We have lived in this neighborhood for 18 years. One reason we chose to live in this neighborhood is because it is nat a "controlled" community. As average citizens, we have no great knowledge of building codes or neighborhood guidelines. What we do have is concern regarding "opinion" versus "facts". The name calling and personal attacks that have gone on via email over the guideline issues is truly, to say the least, un-neighborly. This is a free country and we are all entitled to our opinion. opinion is the reason we object to these guidelines. How can an un-proportionate number of property owners "opinions" about the building of two story houses and other issues concerning the "character" of this neighborhood become a city agenda items "LDR tent amendment ~o create the Lake Ida Neighborhood Overlay District and associated design guidelines", as stated in the Courtesy Notice mailed May 1, 2008? With respect to the Lake Ida Board, yes, the invitation to join this Task Force as well as other committees' was offered to Lake Ida property owners. However, there are still some questions asked of the board that have NOT, to my knowledge, been answered by the Board/Task Force.. . 1. Why was this group formed in the first place? 2. Was there overwhelming interest/concern from such a large majority of property owner's that the Board was compelled to form such a Task Force? 3. Or, was the decision to form a Guideline Task Force decided upon because some of the board members don't like what they see? I suspect like most property owners, life is just too busy and full of daily commitments to be overly concerned about two story houses and the like. But, when "opinions" can be "enforced" by a relatively small number of property owners, then it must become an issue for us. Should building guidelines/restrictions be needed {we don't agree that they are needed) they should be the responsibility of the City of Delray Beach period. Some of the questions we have for the city are..... 1. If property value is of concern, the city should have been proactive about "guidelines" well before a small group of homeowner's pursued their "opinion" agenda. 2. Have guideline issues in Lake Ida been formally addressed by the city in the past due to grave concern from owners, or the city's concern far property value, "neighborhood character", privacy or any other guideline issues? 3. How/why did building permits get issued for the new/recent constructionladditions in this neighborhood if "design guidelines" are such an issue? We believe the City of Delray Beach has an obligation to the "vocal" and "silent" property owners of Lake Tda to ensure that if guidelines are necessary in our neighborhood, those guidelines will be the result of city conducted and city funded research. Finally, if a design guideline is determined to be in the best interest of ALL Lake Tda property owners, by the City of Delray Beach, and nvt recommended by a small number of Lake Tda property owners, that the "Design Guideline" must be VQTED on by the property owners of this neighborhood. Isn't this why we pay our taxes........to ensure that our city employees do what's best for all property owners, regardless of their "opinion". Sincerely t_ ~ ~~ J ~,~'~. William & Catherine Degnan asros~as City of Delray Beach Planning & zoning Commissioners la0 N'W 1~` Ave. Delray Beach, FL 33444 Re; Lake Ida Building Restrictions Dear Commissioners, Attached is a blank copy of the survey sent out by the "task. farce" over 18 months ago. The survey contains a total of 12 questions. Of the 12 questions only six actually refer to any portion of the design guidelines. Ail of the question require a narrative answer, that would be open to interpretation. These survey results, which have not been made public as of today's date{and have been requested in writing 4 times in the last month), were then tallied by the group requesting restrictions. Excluding "task force members" we don't even know the total number of responses(attached is a copy of a letter written to the LIPOA President). The "neighborhood meetings" referred to in Mr. Shannon's letter were net to discuss the need ar desire far restrictions, bu# to discuss which restriction should be included. I attended three of these meegngs. Since 1 was not in favor of restrictions, I was considered to be disruptive anal asked by an officer of LIPQA 'and "task force" member, Elaine Lewis, "net to attend any further meetings". Residents of the area, were kept in the dark from October a6 until November a7 about any advancement of building restrictions, for a reason, "ignorance is bliss". It is inconsequentialhnw long ar hard anyone worked to get this amendment to this point. The task force obviously last sight of the ball Yoa need approval and understanding by the people yon plan to affect. Before submitting to the city there should have been a mailing to all residents. 'This mailing should have included a copy of the restrictions and a single question "ARE YOU IN FAVOR OF RESTRICTIONS". Yt is difficult forme to believe that the members of the "task force", feel they Dave the right to speak far ALL. Unless the Beard feels there is overwhelming support of the 740 homes in the area, it should table the request for restrictions until the "task force" can produce written proof that owners are in favor. r Philip Colno 24 year resident and member of LIPQA Q ~~~ ~~ ~~AY 0 ~ 2008 ~ ~ ~ i~ F~L.~~~1;~1N~ & .~~i~ll~~ 4122108 Joann Peart 107 NW 9~' Street Delray Beach, FI 33444 Re; Building Restrictions Joann, You are aware there are more than just a few individuals upset with the work of the so called "task force". In your submittal to the city you reference a survey ,of which I received a blank copy. I have requested several times to review EACH of the responses. The questions posed, all required a written response, and were open to interpretation. The survey never asked directly "ARE YOU IN FAVOR". I believe these surveys should be available to anyone in the area. Only half of the questions even reference items related to restrictions. Obviously the surveys were reviewed by a biased group. No one even knows how many responses you received. If you can not show us the survey, your letter to the city ,should be corrected to eliminate any reference to it. Most people either do not remember this survey or did not receive rt and will state it at the next P&Z. Less than 10% of the area was even aware that the restrictions had been submitted until I posted the notices(which were promptly removed by members of the "task force"). As to the guidelines themselves: how does a single story home of AN Y SIZE interfere with any neighbor. How do you plan to plant a shade tree when the total distance between two residences in the Rl-AA zoning is most likely 20' total? That tree will be touching both homes within three years(look at the trees in Gary`s front yard). When the ne~rt hurricane arrives the trees will beat against both homes causing major damage: The setback reference refers to Rl-AA what about Rl-AAA and Rl-AAAB, which both exist in the area. Your group should withdraw the current proposal. Now that the issue has gotten notice, lets draw up a survey that is not one sided and-see if there truly is support for your actioa~s. This process should be able to be completed. withip 6 weeks and I will pay for i~ With the real estate market in its ........ ........ current condition, there is no rush to get this completed. The plans I have drawn for the first house on Hibiscus fit well within these restriction, because the lot in almost 20,OOOSF . I feel that part of your group thinks this will hurt me personally(they called the building department on the day of the P&Z to check if plans had been submitted). Do these people really feel the cul-de-sac at Lake and NW 11 is in bad taste? That is mot a reason to punish the other 700 residents. I have raised my children here the same as the many of you and it is my home too! ~~~~/'~ Philip Colnon 929-$b80 LAKE IDA PROPERTY OWNERS ASSOCIATION DESIGN GUIDELINES SURVEY f 1. What are some of the things you Iike about your neighborhood? 2. If you could, what things would you change about your neighborhood? 3. How long have you lived and/or owned property within the Lake ida neighborhood? 4. Are you concerned about teardownslMansionizationhappenings next to you`? 5, What would you like to see the new Design Guidelines accomplish? &. If you need more space in your current house, would you be inclined to build an addition, add a second story, teardown and rebuild, or move? 7. What overall neighborhood characteristic{s} would you like to see preserved as a priority? / 8. Which architectural elements are mast important to you (i.e., building form, roofs, shutters, windows, color, entrances, garages)? ~ 9. Which architectural elements need to be addressed the mast because of inconsistency ar awl~ward use? Page l of 2 ~ 10. What types of restrictions would you like to see placed on building farm {i.e., numbers of floors, building shapes allowed, types of materials used, etc.}? ~ 11. What is your preferred vision for landscape/streetscape designs including use ofhedges, walls, fences, driveways and gates? 12. Would you like sidewalks along our streets or prefer it left as is? MAKE YOUR CHECK PAYABLE TO: - LAKE IDA PROPERTY OWNERS ASSOCIATION 1191 N. FEDERAL HIGHWAY, #117 DELRAY BEACH FL 33483-5800 YOUR SUPPORT IS CRITICAL THANK YOU! The Lake Ida Property Owners Association is. a nori-profit organization cornmitted to the preservation and 'enhancement of our Lake Ida area neighbor~aad. Name Address City/State/Zip Telephone SUPPORT LEVELS ^ $500 ^ $250 ^ $100 ^ $SO ^ $25 ^ OTHER $ Your donation of any amount is appreciatedE Page 2 of 2 siz~o~ Paul Darling, Planning & Zoning Director City of Delray Beach I OU NW l ~ Ave. Delray Beach, FL 33444 RE; Lake Ida Restrictions Mr. Darling, I am opposed to the building restrictions in the form submitted. This is strictly for building size and addresses none of the architectural changes that might have a passitive affect an the housing values in the area. Many of the lots in this area are 60x1 I U or 75 x 1 OU. With the formula submitted many of these homes could not be expanded enough for todays living style. The owners would have to make a choice not to have a garage. This would allow for a larger family home. This notion of restrictions is only supported by a small group. The meetings held were not to discuss if restrictions were wanted, but to draft the restrictions. The lack of communication between this group and the area is una,ccegtable. One of my neighbors has sent out mailings to fight restrictions. The cost of a mailing is roughly $400.UU for all 740 residents. The group said it raised over $b,U0U.00 and only sent out a total of FOUR MAILING OVER TWO YEARS. They could have afforded to keep everyone informed bimonthly. Don Mackie 619 Wiggin Rd ~£.~ }PF ~ " D~~~~ ~ l~i~,i' ~ ~ ~D~iS ~~' t1(~Vf!ll:a !3 ~~FV~P~~ The Snyder Family 906 NW 2nd Avenue Delray Beach, FL 33444 April 1$, 2008 Paul Dorling Director Planning and Zoning Department 1 O 1 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Dorling, T am writing tv voice my opposition to any new overlays and building restrictions for the Lake Ida neighborhood here in the city of Delray Beach. I understand that a proposal has been submitted by a small group of residents, around twenty of the hundreds of homes in the area, that would greatly restrict the building of new homes and home additions. As a property owner in the Lake Ida neighborhood, I would hate to see any new rules passed that would restrict my rights beyond what the city currently has in place. Growth is essential in raising future property values and increasing our tax base as well as making our area mare family friendly. By restricting home size beyond what the city of Delray Beach currently has in place, we are saying `na' to larger family sized houses and to new neighborhood children for the wonderful schools in our area. For families who might ordinarily add on or rebuild as their faxnily grows, new restrictions could force them tv move from the area because the rules would negatively impact their property rights on homes they've owned for years. Please do not establish a new overlay district for the Lake Ida neighborhood. Sincerely yours, ~~`_'r Barron Snyder ~~ ~..._. ,~~ APR 2 ~ 2008 6~~.h.!`~'i~4P\G c~ 2011 ~~ CITY OF DELRAY BEACH PAUL DORLING 100 NW 1~ AVE DELRAY BEACH FL 33444 LAKE IDA DESIGN GUIDELINES DEAR SIR, THESE ARE NOT DESIGN GUIDELINES! SHOW ME ONE ITEM THAT REFERS TO ANY DESIGN. I AM NOT IN FAVOR OF STRICTLY SIZE RESTICTION. THIS DOES NOTHING FOR THE VALUES OF ANY OF THE PROPERTIES. JUST BECAUSE A GROUP IS VOCAL DOES NOT MEAN TIIEY SPEAK FOR THE GROUP. TIM RICE 1080 LAKE DRIVE DELRAY BEACH, FL 33444 PS I NEVER GOT A SURVEY ~~~~_.~~ Di ----. ~_.~ , I ~~AY 0 ~ 200$ ~ ~~ ~ ~ }~ ---~--e_~~. PLY~I~1~VlN.ra & ZO[ti`ly~ Page 1 of 1 Valek, Denise From: Rangel, Delores on behalf of Ellis, Rita Sent: Tuesday, May 27, 2008 12:56 PM To: Valek, Denise Subject: FW: Lake Ida Restrictions From: Michael Madnick [mailto:mmadnick@fdn.com] Sent: Monday, May 26, 2008 8:OI PM To: Ellis, Rita; Fetzer, Fred; Montague, Brenda; Eliopoulos, Gary; McDuffie, Woodier CityManager@MyDelrayBeach.com Subject: Lake Ida Restrictions Dear Members of the City Commission: Asa 32 year resident of Delray Beach I am writing to you to request that you approve the recent design guidelines regarding the Lake Ida area. The City P and Z as well as an overwhelming majority of Lake Ida residents (as witnessed at the last PIZ meeting) are in favor of khese guidelines. The guidelines cannot represent everyone but I do believe that they are as fair a compromise as can be expected. The opposition is headed by a developer and you must consider the fact that as a developer, that his primary interest in this matter must be a profit incentive. Lake ida is a truly unique neighborhood in keeping with the uniqueness of Delray. Please do not allow it to be spoiled. Sincerely, Michael Madnick 729 Lakeshore Drive 5/27/2008 Page 1 of 2 Vaiek, Denise From: Lakeida [lakeida@comcast.net] Sent: Wednesday, May 14, 200$ 8:43 PM `ro: Cary Glickstein; chalberg@bellsouth.net; pzacks@sal5.state.fl.us; kropmilr@bellsouth.net; jpike@envdesign.com; francisco perez; ddddowd@earthfink.net Cc: Valek, Denise Subject: Fw: Delrays building regulakions..extreme example but can happen and is in tropic isle Attachments: #3.jpg; #1.jpg; #2.jpg ----- Original Message ----- From: JoAnn Peart To: JoAnn Pearl Sent: Wednesday, May 14, 2008 10:07 AM Subject: Delrays building regulations..extreme example but can happen and is in tropic isle Dear neighbors, Some people have said Delrays building LDRs are just fine.Well ,actually this house can be built anywhere in Delray except the Beach area. that adopted their own set of guidelines a few years ago. This house is an approx 10,000 sq ft house on an approx. 10,000 sq ft lot......3 stories high on a finger canal....not even the intracoastal waterway... next to and across from one story houses. The photos are not that great but you can see it for yourself. Go south on fed hwy past Linton... take a left just past Duncan Donuts and it is half way to the intracoastal on the right side. It is the main entrance to tropic isle...Tropic Blvd, I think. In 1996 the city tried to set design guidelines citywide and a very vocal group of Tropic Isle residents came out in force against it along with a mega mansion developer on the beach. That is when the commissioners said this should be done neighborhood by neighborhood. I know there are folks in Tropic Isle who are upset ,not just about this house but all the drastic changes that have taken place there. It may be too late for them but not for Lake Ida if we pass guidelines that will not STOP change but will help to make the old and the new fit reasonably well together. If you support guidelines it is important to come out to the meeting at city hall,monday may 19 at 6pm and fet the PLanning and Zoning board know you do. If you can not be there please send a e mail to" Dear PLanning and Zoning Board members".....addresses below. I also have same great letter samples at your request ike envdesi n.com chalberg~a.bellsouth.net kropmilr@bellso_uth.net ddddowd@earthlink.net francisco@perezarchitects.com tacks sa15.state.fl.us cglickstein@ironwoodproperties.com thank you JoAnn Kern Peart for Lake Ida Assoc 5115/2008 Page 1 of 1 Valek, Denise From: kroprriilr@bellsouth.net Sent: Monday, May 19, 2008 5:25 PM To: Vaiek, Denise Subject: FW: Lake Ida Overlay District .._..__.._-.._____ Forwarded Message: From: mebjr@bellsouth.net To: pzacks@sa 15 .state. fl.us,chalberg@bellsouth.netjpike@envdesign.com,kropmilr@bellsouth.net,dddow Cc: RitaEllis@MyDelrayBeach. com,Montague@MyDelrayBeach.com,wmcduffie@MyDelrayBeach.com,: Subject: Lake Ida Overlay District Date: Thu, 15 May 2008 20:19:4$ +0000 It is important to see the big picture while analyzing and arguing over details in the application of the Design Guidelines. The original intentions of the LIl'OA proposal are concerned primarily with the scale of the building in relation to lot size. This initiative began a couple years ago after considerable development in our neighborhood of two-story "big box" residences that occupied most of their lot area. All were constructed with little regard to the character of the neighborhood. I believe the majority of these homes are still unoccupied. The proposed area ratios are reasonable and will allow the construction of large residences on lots of reasonable dimensions, and the examples in the P&Z Staff Report reflect the generosity in maximum area permitted with regard to lot coverage. The quality and charm of Delray's residential neighborhoods have been a factor in the growth and success of the downtown area and the city in general, and families will continue to move into neighborhoods like ours provided we preserve that quality. I urge you io support the "Overlay "effort so that our neighborhood continues to be a great example of Florida living. Martin E. Buerk 728 Lakeshore Drive 5/19/2008 Page 1 of 1 Valek, Denise If"rorn: kropmilr@bellsouth.net Sent: Monday, May 19, 2008 5:24 PM To: Valek, Denise Subject: FW: Lake Ida Guidelines ______________ Forwarded Message: -------------- From: ~quara52@aoLcom To: kropmilr@bellsouth.net Subject: Lake Ida Guidelines Date: Fri, 16 May 2008 21:58:31 x-0000 ]f guidelines can be set for one neighborhood it is discriminatory to not allow guidelines for other neighborhoods. When being relocated to Delray Beach we chose the Lake Ida neighborhood for the eery reason that the scale of the houses was in keeping with the neighborhood. There are so many reasons for the guidelines. The scale of the neighborhood must be kept. Please please support the guidelines! Sarah Robertson Delray Beach 561.272.035fi Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. s~1~~2o0s Page 1 of 3 Pape, Sco## From: McDonnell, Mark Sent: Thursday, April 24, 2008 11:18 AM To: Pape, Scott Cc: McDonnell, Mark Subject: FW: Timeline for Lake Ida Property Owners work on Design Guidelines SP-I am forwarding this to you {see message from JoAnn below) Mark McDonnell, AICP, Assistant Director City of Delray Beach Department of Planning and Zoning 100 N.W. 1st Avenue Delray Beach, Florida 33444 ph-561-243-7046 fx-561-243-7221 rncdonnel]@ci.delray-beach.fl.us From; JoAnn Pearl [mailto:joannpeart@comcast.net] Sent: Wednesday, April 23, 2008 9:15 PM To: McDonnell, Mark Cc: Marden, David Subject; Fw: Timeline for Lake Ida Property Owners work on Design Guidelines please forward to scott pape....it was rejected for same reason......also will may 19 be a public hearing or work shop? ----- Original Message ----- From: JoAnn Peart To: (pike@envdesign.com ; chalberg(a~bellsouth.net ; pzacks _sal5state.fl.us ; dowdd ~palmbeach.k12.fl.us ; fpa@perezarchitects.com ;Cary Glickstein ; kro milr bellsouth.net ;Ellis, Rita ;Fetzer. Fred ; Montague@MyDelrayBeach.com ; Eliopoulos, Garx ; McDuffie, Woodie Cc: sam.shannon@adel,phia.net Sent: Wednesday, April 23, 2008 7:35 PM Subject: Timeline for Lake Ida Property Owners work on Design Guidelines To Whom It May Concern: Every effort was made by the Lake Ida Association and the Task Team to make the creation of the proposed Design Guidelines the most inclusive and open process possible. Enclosed is a timeline that details two years worth of effort by Lake Ida residents. A ri117 2006 A letter went out to all Lake Ida residents. This letter discussed the idea of exploring the possibility of creating Design Guidelines for the Lake Ida neighborhood similar to the Beach Property Owners model. The mailing went out to 700+ residents. Signs were also posted in the neighborhood. A May 10, 2006 meeting at City Hall was planned. May 10, 2006 The first neighborhood-wide meeting was at the Commiuxity Center. The guest speakers were Cary Glickstein from the Beach Property Owners Association Design Guidelines Committee and John 4/24/2008 Page 2 of 3 Carleen from Urban Design Studios in West Palm Beach. 55-60 people attended. Jane 14, 2006 The second neighborhood-wide meeting about Design Guidelines was at the Community Center. This meeting was covered by Channel 12 news. Again, all residents were notified by mail and signage. Approximately 60 people attended. August 200G A letter and survey about the proposed plans for a Design Guidelines Committee from the acting Chairman, Gary Eliopoulos, went out to 700+ residents. This letter also requested financial support and announced the August 17 meeting. August 17, 2006 The third neighborhood-wide meeting was at the City Commission Chambers. This meeting was led by Gary Eliopoulos. John Carleen and Brian Archer from Urban Design Studios gave presentations of the use of Design Guidelines in the beach area and neighboring towns. October 21, 200b Dr. Joseph and Marjorie Ferrer hosted a fundraiser at their N. Swinton Avenue home. Between 85-90 people attended and we raised $1,600 for the Design Guidelines study. November 2006 -October 2007 11 Task Force Meetings were held at City Hall. Every meeting seemed to have different groups of people. By no means was it the same people attending each meeting. For example, some people sent checks that never came to meetings. I think we had overall a good and positive response from a real cross section of the residents. The feedback from the meetings and the surveys reflect the maj ority of people are in favor of the Design Guidelines. Out of every 50, between 2 and 4 dissented or had concerns. At the very last meeting, approximately 45 people attended. When asked how many were in favor of the Design Guidelines, 43 raised their hand, and 2 voted against it. The Task Farce had the same cross section of participants. Some of them were members of the Association and others were not members. This is not a Lake Ida Association effort, it is a Lake Ida neighborhood effort. Sam Shannon, the chairman, has an extensive background in city planning. Two Lake Ida resident architects who also work in Delray serve on the Task Force. The Association was mainly a vehicle that was used to disseminate the information. Approximately $4,700 in small checks was collected by more than 80 residents. This money was used for printing and mailings as well as supplies for the Task Force. At each meeting, in every mailing and newsletter, every interested resident was encouraged to join the Task Force. Shortly after this, the Task Force was formed. I believe they had 11 meetings. Sam Shannon was the Chairman and has alI those specific details. Two mare neighborhood-wide meetings were held at the City Commission Chambers to review the proposed Guidelines. These meetings were November 15, 2007 and February 21, 2008. November 15.2007 A neighborhood-wide meeting was held at the City Commission Chambers to review Design Guidelines before presenting to the Commission. I believe they had one more meeting address some items that were brought up at the November 15, 2007 4/24/2008 Page 3 of 3 meeting. Febraaxy 21, 2008 A neighborhood-wide meeting was held at the City Commission Chamber to review the proposed Guidelines before they go to the Commission. These last two meetings were noticed the same as all the others with a mailing to 700- residents and signs on Swinton Avenue. I hope this timeline will help answer any questions about when and how the residents were notified continuously as Design Guidelines progressed. We plan to make a packet with more information for the Planning & Zoning Board and the City Commission. Sincerely, JoAnn Peart President Lake Tda Property Owners Association 4/24/2008 Lake Ida Property Owners Association 1191 N. Federal Highway, # 117 Delray Beach, FL 33483 http:lllakeida.net Apri128, 2008 Dear Commissioners and P & Z Board Members: On behalf of the Lake Ida Homeowners Association, we put together this packet, which details the communication efforts to all Lake Ida residents informing them of a committee created to propose Design Guidelines for our neighborhood. There are flyers for the first two meetings. One was enclosed in a newsletter and one was walked door to door by our Membership Committee. Signs were also posted on Swinton Avenue to announce meetings. Every effort was made to include every resident so that we would came up with a proposal that truly reflects the neighborhood. This is now posted on our new Web site, htt~l/lakeida.net. Please contact Sam Shannon, the chairman, Roy Simon, architect, or me with any questions. Sincerely, 3oAnn Peart President 107 N.W. 9~' Street Delray Beach, FL 33444 551-276-8958 'oann eart comcast.net GC: Lake Ida Board of Directors: JoAnn Peart David Elliott Sue Heglin Elaine Lewis Karyn Premock Charlatte Lees Tom Honker Todd Wilson Kathy Alderman Lake Ida Property Owners Association 11.91 N. Federal Hwy #117 Delray Beach, FL 33483 April 17, 2006 Dear Lake Ida Neighbors, ~ sr ~n ~''~`~ o.R.Q /ws ~ ~~s Recently a comnnitted group of neighbors got together with the idea of `dump starting" the Lake Ida Property Owners Association. Many have volunteered for board positions and committee chairs. Your help and support is welcomed. In discussing .several areas in which to take action, the most important and pressing concern seemed_to_be. exploring-the possibility of ad.opting-the-Beach Pmperty~Owners "Design Guidelines". As I'm sure everyone is aware, we have a developer from Bmward County who bought ten houses in our area-and is in the process of tearing them down and building very Iazge houses, same of which are not in scale ~ with those in the neighborhood. A few years ago this started happening east of the Intracoastal Waterway. The Beach Property Owners Association collected money from a great many residents and hired "Urban Design Stadia" to advise them. They did a study and worked with the residents to formulate a design guidelines manual to help preserve the unique residential character of the beach neighborhoods. It still allows the building of Iazge houses and additions, but with guidelines to help them fit in with the neighborhood. This passed with overwhelming support of beach residents and the City Commission. Both the Beach Property Owners Association and the Commission are hoping that other neighborhoods will adopt this on a neighborhood by neighborhood basis. We feel it is time for Lake Ida to explore this possibility. The guidelines can be seen _ at the city website www.mydelraybeach.corrt under the Planning and Zoning Department, "Beach Property Owners Design Manual". We have a meeting planned for Wednesday May 10°h at Delray Community Center, i 50 N.W. 1~ Avenue at 7 p.m. We plan to have members of the Beach Task Force there to tell us what they've accomplished and answer any questions. A second meeting is planned for Wednesday June 14~`. It will be at the same time .and same place. We welcome your help and support. Those who have already committed to work on the board, or design. guidelines and other committees are: JoAnn Pearl, David Elliot, Sue Heglin, Sue Easton,- Ed Buerk, Gary Eliopoulos, Kathy Alderman, Tom and Paula Honker, Janet Page, Andrea Harden, Karyn Premock, Mike Cruz, Chazlotte Lees, Mark Denkler, David Henninger, Elaine Lewis, Doug Root and Chris Brawn. We hope that you all will join the association and sup us in any wa ou an. Please call me if you have any questions: 276-8968_ J Ann Kern Peart {~ S ~ 1~ ~' 0{! C +~~ ~ ~- ~ ~~- A`r~r'i~~~rioi~ Ho~i~o~ Rs~ r Lake Ida ]Home Owners Association is holding CoM Y MEETINGS to discuss Design Guidelines for home construction in our community. MAY 10~ AT 'T:OO PM AT DELRAY BEACH CO CENTER(150 N. W.1ST AVE) ISSUES AND CUNCERNS INCLUDE: ~tecagni~ing that change will occur, but managing it in a n~.anner that will protect the rights of all property owners while preserving the charm of our Lake Ida Area Neighborhood; - ® Enhancing property values by maintaining the character and uniqueness of Lake Ida.; ® Adopting policies to ensure that new and expanded homes are consistent with the overall Neighborhood Character; ® Adopting design criteria for achieving greater consistency between old and new homes; ® ~o~NING THE ASSO~IATION(~zo~ Please Plan to Attend.... we Need o - Involvement) ~ ti~ ~~4 ~~ Lake Ida Home Owners Association is holding ~~ CO MEETING to DISCUSS Design Guidelines far home cons~ructian ire our community. JUNE 14~ AT ?:~ Pl~i A'~` DELRA~ BEACH CO ~T~Y CENTER(15~ N. w.1ST AvE) ISSUES AND CUNCE1tNS INCLUDING: * Recogni2ing that change will occur, but managing it in a na.anner that will protect-the rights of all properly owners while preserving the charm of our Lake Ida Area. Neighborhood; • Enhancing property values by maintaining the character and uniqueness of Lake Ida; . * Adapting policies to ensure that new and expanded homes are consistent with the overall Neighborhood Character; • Adopting design criteria for achieving greater consistency between old and new homes; JC)Il~IN~ THE ASSOCIATION($2~) Please flan to Attend.... we Need YOUR Invaivementr r ~. Lake Ida Property Owners Association 1191 N. Federal Highway, #117 Dekay Beach FL 33483-5800 August, 2006 Dear Neighbor: Our Lake Ida area neighborhood is undergoing changes and we're askin ou to do our art: We need our financial su ort as well as our active artici ation to help preserve the unique character of our community! On Thursday, August 17`x, the Lake Ida Property Owners Association is meeting at 7PM at the Delray Beach Commission Chamber at City Hall to get your input about the issues and concerns that affect our area such as: ^ Recognizing that change will occur but managing it in a manner that will protect the rights of all property owners while preserving the charm of our Lake Ida area neighborhood. ^ Enhancing property values by maintaining the character and uniqueness of Lake Ida. ^ Adopting policies that ensure new and expanded houses are consistent with the overall neigh- borhoodcharacter. ^ Adopting design criteria for achieving greater consistency between existing and new houses. These important issues affect all property-owners - to move forward LIPOA needs to get a task farce put together to commit to meeting six times over the next few months. The goal of these meetings will be to review the existing Beach Property Owners Association design guidelines and determine what guide- lines should be implemented for LIPOA to ensure that we will protect the uniqueness of our Lake Ida community. We need amour support. The implementation of design guidelines, whether for large scale renovations, additions ar new construction, will establish a preferred neighborhood vision and well-rounded representation is vital -we're askin for 15 to 20 eo le with varied back rounds to volunteer to serve on the task force. If ou are a Realtor contractor develo er land use attorne architec landsca e architect, civil engineer, urban planner, etc., please give this serious consideration. Ifyou're interested, please email gpe(a~aol.com or call 561-276-6011 as soon as possible. We would like the first meeting to take - - --place in~nid September. - --- ._._~ __ ~_ _ __ ... _. _ Enclosed are a donation form with a self addressed envelope, and a survey. Please send your finan- cial contribution in now Then, complete the enclosed survey. and bring it withyouu to the Augus_t__17`-'' meeting We need to know what you like and don't like. We'll see you at the Delray Beach Commission Chamber at 7PM on August 17~'. The only way to make sure your voice is heard is to be therel Thank you. Gary P. Eliopoulos Design Guidelines Chair LAKE IDA PROPERTY OWNERS ASSOCIATION DESIGN GUIDELINES SURVEY What are some of the things you like about your neighborhood? 2. If you could, what things would you change about your neighborhood? 3. How long have you lived andlor awned property within the Lake Ida neighborhood? ~. Are you concerned about teardownslMansionizationhappenings next to yau? 5. What would you like to see the new Design Guidelines accomplish? 6. If you. need more space in your current house, would you be inclined to build an addition, add a second story, teardown and rebuild, or move? 7. What overall neighborhood characteristic(s) would you like to see preserved as a priority? Which architectural elements are most important to you (i.e., building form, roofs, shutters, windows, color, entrances, garages)? 9. Which architectural elements need to be addressed fine most because of inconsistency or awkward use? Page 1 of 2 10. What types of restrictions would you like to see placed on building form (i.e., numbers of floors, building shapes allowed, types of matexials used, etc.}? 11. What is your preferred vision for landscapelstreetscape designs including use ofhedges, walls, fences, driveways and gates? 12. Would you like sidewalks along our streets or prefer it left as is? MAKE YOUR CHECK PAYABLE TO: LAKE IDA PROPERTY OWNERS ASSOCIATION 1191 N. FEDERAL HIGHWAY, #117 DELRAY BEACH FL 33483-5800 YOUR SUPPORT IS CRITICAL THANK YOU! The Lake Ida Property Owners Association is a non profit organization committed to the preservation and enhancement of our Lake Ida area neighborhood. Name Address - CitylStatelZip r . - ~ ~ Telephone SUPPORT LEVELS ^ $500 ^ $250 ^ $100 ^ $50 ^ $25 ^ OTHER $ Your donation of any amount is appreciated! Page 2 of 2 Please Join Us! fake tda Homeowners Neighborhood Get T©gether 120 North Swinton Avenue Delray Beach, FL 33~~4 Home of D~: Joseph and Marjorie Ferrer Saturday, ®ctober 21, 200fi 4:3U=*--7:30pm feet free to bring a side dish for hamburgers and hotdogs! ~t~1i~s Vil~1~i Contributions to fund designguidelines task team, suggested minimum - .~25per adult Please RSVP by Oct.l8th to Jo Ann Peart 27~-8968 __ake Ada Property owners' Association Newsletter Neighbors Living, Caring, and Learning Together 1 ~ 9 ]. N. Federal Hwy, #117, Delray Beach, FL 33453 Winter 2007 Design Guidelines Task Force This is the list oaF'neighbars who signedup forthe Design Guidelines Task Force. Everyone who signed up was invited to participate. ~~'we missed anyone, let us know Kathy Alderman Mort Christensen Mike Cruz Christina Cuccia Gary Eliopoulos Todd Garner Pamela Gold Sue Heglin Jean Hutchison Rob Iodice April Leach Del Leach Lainie Lewis Jeff Nurge Janet Page Darrel Rippeteau Sharon Rosen Alix Selinsky Sam Shannon Andrea Sherman Roy Simon Todd Wilson "Carefully thought out design guidelines for our Lake lda community will preserve our unique neighborhooa character and protect our property values. At the same time, they will allow people to be creative with (heir preferred style of architecture, reflecting their awn personal taste. " -- Gary Eliopoulos, acting chair, ^esi~n Guidelines committee Summer 2007 Lake I Volume 1, Issue 2 ~a cC,c Currey t Inside: ~:• Sarn Shannon- pesign Guidelines :• Fabulous Fourth s+ Lake Ida Crime President's Message r,. Announcements City-Sponsored 4t~ of July Events: ~ .Ir, .: ~; ~~ s. Sam -Noon Shannon, continued from page 1 Shannon has since retired sa he can pursue his passion: golf. But he has offered up his other skills to make sure new homes in Lake Ida stay in line with the character of existing homes. "Homes seem to begetting larger. Because they are larger homes, their relationship to the street and to the neighbors becomes more of a concern. Tt feels like they're crowding us out," Shannon said. Does this mean you will have a hard time adding onto-your home or building a second story? Shannon says there are members of the committee whose goal is to make these guidelines as feast restrictive as possible. Lake Tda. "T've always had 2-story homes. Tn fact, T live in a 2-story home, but my home is set back from the property line," said Shannon, who has lived in Lake Ida for 12 years. The committee has taken a bus trip through the neighborhood and has been studying the design guidelines developed by the neighborhoods along the bench, but they have yet to came up with their own. They want your input_ Anyone is welcome to participate. To find out about committee meetings or to get involved, you can contact Sam at X61-243-8167 or sam.shannonC~adelphia:net. "Homes seem to be getting larger. Because they are larger homes, their relationship to the street and to neighbors becomes mare of a concern." -Sam Shannon Get to Know Your Design Guidelines Ch©irman There are a few things you should know about Sam Shannon: he knows city planning, he lives in a two-story home in Lake Ida, and he loves to play golf. The first two are important to this story. Sam Shannon has been named the new chairman of the .Lake Tda Design Guidelines Committee. The Lake Ida Property Owners Association formed that committee to develop guidelines for new construction in our neighborhood. Architect Gary 8y Suzanne Boyd Eliopoulos was supposed to chair the committee until he was elected as our Delray Beach City Commissioner, but Shannon is gust as qualified. He was the first Planning Director for the City of Sanibel, the first Director of the Treasure Coast Regional Planning Council, Palm Beach County's Assistant County Administrator and the Community Development Director. for the Town of Jupiter. Continued "Shannon" Page 3 - - -, Dear Neighbors, Over a year ago, we started the process of looking at Design Guidelines for our _ neighborhood. At that time, a developer tare down several houses, divided lots and started 10 new houses very quickly. A great number of residents were concerned and suggested it was time to begin to explore appropriate guidelines far the Lake Ida neighborhood. The goal was to establish Design Guidelines that would not stifle development or creativity but would promote future homebuilding that would be compatible with the current neighborhood character and also sensitive to the privacy of -- _ _ -- ---~- - -tie-ad3ae~rz#-~e~zber~: --_.~_ . _ ----- _ _. ~ ~~_ - - At that time, the entire neighborhood was invited to meetings to give their suggestions. All Lake Ida residents were invited to become part of the Task Force led by architect Gary Eliopoulos and then Sam Shannon. Sam as you may remember from the newsletter is very qualified with vast experience in county and city government. Local architect and resident Ray Simon assisted them. The Task Force spent 10 months on meetings and researching this issue. They started out looking at the beach property owners much more complex manual which included styles of architecture and paint colors, etc. Through the many meetings, the message came loud'and clear from the majority of Lake lda residents and many on the task team that, "we are concerned with scale and mass, but don't tell us what kind of house to build and what color to paint it." The Task Force's recommendations reflect the sentiments expressed by the neighbors. On November 15 at 7pm at the City Commission Chambers the Task Force will present their proposal to all the neighbors hoping to get your input, suggestions, and hopefully approval. This will be done prior to asking the City to endorse special _ _ _ . guidelines for this nei barhood. Please come to give your_input, suggestions and _ _ _ ___~ concerns or just as important to show your support and approval. Thank you to everyone who gave their time and expertise to the Design Guidelines Task Force. Looking forward to seeing you all November I5. zn ere r~.-~.. J Ann Kern Peart Lake Ida Property Owners Association resident '! 1 ~ 1 N. Federal Hwy. # ~ T 7 107 N.w. 9th st. Delray Beach, FL 33483 Delray Beach, FL 33444 joannpeart@camcast.net ~ ' ~P~ ~o~ ,~~ Design Guidelines Task Fosce Recommendations Thursday, November 'l 5, - 7 p.m. 1a~17~irJErafa~la~~iJi1~~J PERT JOHN F 1~7 NW NTH S DELRAY BE~iCH } LAI{E IDA PROPERTY OWNERS 1191 N. Federal Hwy., #117 Delray Beach, FL 33483 ~ feet n9 Presortedt First Class Mail -._ P A ! a West Palm Beach, F~ Permit No. 2961 ' ~u~sti®ns and e~n~~rs :.~ -.:, with . _ ,. '°r i Lake Ida Property Owners Association 1191 N. Federal Hwy. # 1 17 Delray Beach, FL.33483 Design Guide-ines Survey Enclosed Preso~ U.5 F West Pa Perm `\ I (~. ~_ _~ Winter 2008 Lake Ida ~~ ~'urre~f Volume 1, Issue 2 ~ .1st Annual: Holiday Party by suzanne Boyd inside: +Santa .Came to Lake Ida •President's Message +Design Guidelines +Crime Prevention +Golf Carts On Delray's Roads • Anno+~ncements When Maggie Dickenson and some o€. her neighbors- planned the first-ever Lnke Idn Holiday Party at Lake View Park, they thought of everything., Well, almost ev- erything. weather: We: had .. no backup,", Dickenson says. Turns out there was nothing to worry about. More than 100 people, including dozens of children, had a blast on satur-- day, December 15th. Kristin's husband, David Elliott dressed as santa and arrived on a boat provided by J.D. Dickers- son. Leyenberger, who owns Pretend Party Productions, . provided the costumes and dressed up as a snowmnn her- - self. There was story time with the children, snow cones, cookie decorating, a sidewalk circus where children learned juggling and. hoop throwing.. There was also face painting, tattoo art- ists and, of course, holiday music. Dickenson, Kristin Elliott, Car- olynn Dietrichs, and sa11y Leyen- berger hnd the ideci for a holiday party and -the Lake Idn Property Owners Association agreed to sponsor the event. The women also wanted the party to have a charitable ele- ment. They asked parents to bring books for the Pnim Bench County Literacy Coalition. They collected more than 50 books for the agency that day. MEETING Thursday, February Z 1 at b : 30pm City Commission Chambers Two Important Topics Review Design Guidelines Task Force Recommendations before they go to Commission Questions and Answers with Delray, Beach Police Department pretend ~°qe:5"-~'-"°' rar. see-zu-t~s9 ~~rt~ nrodUCtions 5[OltJb°°k Chn raclers Come Anne ,Fbr Blrf7ufa~s !f Sperrul EYxr:ts' PretendPaztyProdnctions.com Salty teyenbergcr ~tnging Guidren slorylc4irr a. sows roge[hrr- >ir f~o~se ~ 1 redesign .e.[r~..e syitF rufe~u.. in>n,nr Rnksigre Xrrirrs rninvr~r rxistiny~rrnrishinys nndnn¢ssnriy, -Regina P'Lrary Nfr ran An irina dny! r^s"i^rr ~r-rviuy Fr~uuurlk SGI.7SGA368 film lir rr6Yorrnrin uww_Aarrvlhurnwrdxrgrrinnr President's Message Dear Neighbors, lake Ida Association is now known far our wonderful children's events. Thanks to Mike and Karen Cruz and others before them, not to mention our holiday-committee that worked so hard in December. A question we hear so. often is, "when are we going to have a party for grown ups?" So, save the date, Friday March 14; on the playhouse island; children's theatre. We will use the indoors and outdoors. There will be dinner and dancing to n live band, Point 4, from West Palm Beach. All.-Lake Ida residents.are en- couraged to came. It wi!! be a great way to get to know your neighbors, see ald friends and make.new ones. The cost will be shared by the Association to provide far just a small entrance fee for the residents: If you would like to serve on the Party Committee, cnl! JoAnne 276-8968 or joannpeart@comcast.net. I'm looking forward to seeing everyone there. JoAnn Ke~^n Pearfi Don`t Make Yourself An Easy Target by Suzanne Boyd Drive through the Lake Ida neighborhood on any given day and you'll see women unloading -their groceries, mothers chasing after -their children, and men on their cell. phones. But do they see you? Now, imagine you are a thief looking for an easy target. One of our neighbors became prey for some dangerous crooks who were driving through our community one afternoon .The woman, who lives on NW 2nd Avenue just south of NW 15th Street, was unloading her trunk at 4:51pm on January 3rd when two armed teens took her by surprise and robbed her. Continued on next page ,~_ i,,:,: ;' {" ti Lake Ida Neighborhood Design Guidelines Task Force Recommendations 1 Maximum Lat Coverage •40% for one story houses •30% for two story houses 2 Maximum Floor Area Ratio •.35 for a two story house The term Floor Area Ratio sha11 mean the ratio of the "total floor area" of the structure(s) to the area of the lot."Total Floor Area" shall be defined as the grass horizontal areas of all floors of all buildings measured from the exterior walls or other types of enclosures and shall include garages; carports and ports-cocheres,excluding attics.{unless used as a living space}, enclosed decks or patios, covered porches, exterior balconies (covered or uncovered} or crawl spaces. 3 The area of the second floor can not be greater that 75% of the area of the first floor. 4 Minimum setback for two story homes shall be 25 ft. for the front yard {currently 30 ft.} and 15 ft. for the rear yard (currently 10 ft.}. 5 Additional landscaping to be required for both new two story houses or two story additions to existing houses . . • New Houses -landscaping requirements would be the same as the Beach Districts. Additions -supplemental landscaping along the side of the house that the new 2nd floor was being added. * a 14 ft. shade tree every 10 ft. -or-- an 18 ft. palm tree every 8 ft. 6 The City has indicated that the current interpretation of the Zoning Code would allow- an existing house that was damaged or destroyed by fire, hurricane or other "Acts of God" to be rebuilt to the extent of an existing "Non- conformity". The Task Force recommends that the Code be amended to explicitly allow for such a rebuilding. 7 The District Boundaries for the Lake Ida Neighborhood to be set as foilows.* North - N.W. 22nd Street East -- Swinton Ave. South -Lake Ida Road West - I-95 right of way [ * The "Lakes of Delray" Subdivision would be specifically excluded from the District..] -_ i continued from page 2 Delray police chased the guys into Boynton Beach where the two robbers. and their getaway driver were all arrested. Pol-ice say the teens, from the lake. Worth area, stole a car from Broward County and may have committed similar robberies in Boynton Beach and Greenacres. "They know the affluent neighborhoods and _ they drive through there. People need to-keep their heads up. They shouldn`t have to, but. they need to," says Delray Beach police spokesperson feff Messer. Crime Cnlls On The Web by Suzanne Boyd The crime culls are actually down in our area from the peak last year, but you don't have to wait for the newslet- ter anymore for that infar- ' ~'~ motion. You can now see ev- --' erything that happens on your street with the click of a mouse. The Delray Beach Police De- partment has just started putting all incidents on the web, so you can see where and when crime is happening in your neighborhood. You can find it at www.mydelraybeach.com, then click on Public Safety an the -left hand side of the screen,. then Police Activity, then Communities. You. can scroll dawn to the lake Ida Association and see all the calls from this month. The Golf Cnrt Catch by. Suzanne Bayd Many of you. have been asking about the Taws per- taining to golf carts on Delray Beach roads. Florida Statute allows: golf carts #o be operated by anyone 14 or older. But- there is a catch. Traditional golf carts are only allowed an streets des- ;, ~ ignated for golf cart use. ~: Currently; the only golf carts that nre allowed an streets in the city are those considered law-speed vehicles or LSV's. Law-speed vehicles are de- fined os any four-wheeled electric vehicle with a tap speed greater than 20 miles per hour, but not greater than 25 miles per hour. continued on page 4 ~r ~ ~~ CUSTOM C~iRE MASSAGE ~ETTE HEGARTY, L.M.T. "Licensed Message Themp~s! " REfI.fS & SPORTS ~ll~lSSllGE 10 Yrs. h Ciu~kiess FL Lie iM/40020700 (,gp 5b7{.~,IbEQA aaiuruays uL srasun Sam - t pm '150 East Atlantic Avenue ZTS-75~ ~ ec~~ L~IPOA Officers President. . JoAnn Peart ...........:........276-8968 Vice President- David ~Iliott ....::.....:........:276-4818 Secre#ary Sue Heglin.--•• ..............'.....243-0252 Treasurer Elaine Irewis ...........:.........278-9799 Board Kathy Alderman.............278-7757 Tom Honker .....................265-2915 Jane# Page ...................... .274-9379 Todd Wilson' .................... 436-4467 Karyn Premock ............... .265-4819 Charlotte l.ees ...:........... ..276-2371 Continued from page 3 A golf cart is considered an LSV when it has the following: 1) headlights b) rear view mirror 2) brake lights 7) reflectors 3) turn signals 8) seat belts 4) windshield ~ 9) VIN number 5) parking brake IO) registration and insurance LSV's can only be driven where the posted speed limit is 35 miles mph or less. And more importantly, any person operating an L.SV must have a valid driver's license. "No unlicensed kids cnn operate these things, na matter what street they are an," said police spokesperson Jeff Messer. Remember, driving a vehicle without a license could land you in court. SAVE TI-~IE DATE "GROWN-UP PARTY" Friday March 14, on the playhouse island children's theatre. Lake Ida Property Owners Association 1191 N. Federal Highway, #117 Delray Beach, FL 33483 Apri120, 2008 To Whom It May Concern: Every effort was made by the Lake Ida Association and the Task Team to make the creation of the proposed Design Guidelines the most inclusive and open process possible. Enclosed is a timeline that details two years worth of effort by Lake Ida residents. April 17, 2006 A letter went out to all Lake Ida residents. This letter discussed the idea of exploring the possibility of creating Design Guidelines for the Lake Ida neighborhood similar to the Beach Property Owners model. The mailing went out to 700+ residents. Signs were also posted in the neighborhood. A May 10, 2006 meeting at City Hall was planned. May 10, 2006 The f rst neighborhood-wide meeting was at the Community Center. The guest speakers were Cary Glickstein from the Beach Property Owners Association Design Guidelines Committee and John Carleen from Urban Design Studios in West Palm Beach. 55-60 people attended. June 14, 2006 The second neighborhood-wide meeting about Design Guidelines was at the Community Center. This meeting was covered by Channel 12 news. Again, all residents were notified by mail and signage. Approximately b0 people attended. August 2006 A letter and survey about the proposed plans for a Design Guidelines Committee from the acting Chairman, Gary Eliapoulos, went out to 700+ residents. This letter also requested f nancial support and announced the August 17 meeting. August 17, 2006 The third neighborhood-wide meeting was at the City Commission Chambers. This meeting was led by Gary Eliopoulos. Jahn Carleen and Brian Archer from Urban Design Studios gave presentations of the use of Design .Guidelines im the beach area and neighboring towns. October 21, 2006 Dr. Joseph and Marjorie Ferrer hosted a fundraiser at their N. Swinton Avenue home. Between 85-90 people attended and we raised $1,600 for the Design Guidelines study. November 2006 -October 2007 11 Task Farce Meetings were held at City Hall. Every meeting seemed to have different groups of people. By no means was it the same people attending each meeting. For example, some people sent checks that never came to meetings. I think we had overall a good and positive response from a real cross section of the residents. The feedback from the meetings and the surveys reflect the majority of people are in favor of the Design Guidelines. Out of every 50, between 2 and 4 dissented or had concerns. At the very last meeting, approximately 45 people attended. When asked how many were in favor of the Design Guidelines, 43 raised their hand, and 2 voted against it. The Task Farce had the same cross section of participants. Some of them were members of the Association and others were not members. This is not a Lake Ida Association effort, it is a Lake Ida neighborhood effort. Sam Shannon, the chairman, has an extensive background in city planning. Two Lake Ida resident architects who also work in Delray serve on the Task Force. The Association was mainly a vehicle that was used to disseminate the information. Approximately $4,700 in small checks was collected by more than 80 residents. This money was used for printing and mailings as well as supplies for the Task Force. At each meeting, in every mailing and newsletter, every interested resident was encouraged to join the Task Force. Shortly after this, the Task Force was formed. I believe they had 11 meetings. Sam Shannon was the Chairman and has all those specif c details. Two more neighborhood-wide meetings were held, at the City Commission Chambers to review the proposed Guidelines. These meetings were November 15, 2007 and February 21, 2008. November 15, 2007 A neighborhood-wide meeting was held at the City Commission Chambers to review Design Guidelines before presenting to the Commission. I believe they had one more meeting address some items that were brought up at the November 15, 2007 meeting. February 21, 2008 A neighborhood-wide meeting was held at the City Commission Chamber to review the proposed Guidelines before they go to the Commission. These last two meetings were noticed the same as all the others with a mailing to 700+ residents and signs on Swinton Avenue. I hope this timeline will help answer any questions about when and how the residents were notified constantly as Design Guidelines progressed. We plan to make a packet with more information for the Planaing & Zoning Board and the City Commission. Sincerely, JoAnn Peart President Lake Ida Property Owners Association Lake Ada Property Owners Association Design Guideiines Survey May 6, 2008 This survey was mailed out to all Lake lda residents August 2006. The purpose was, of course, to get feedback from as many residents as possible, but the primary reason was to make sure we gave everyone an opportunity to respond. For example, if someone was unable to attend meetings they would still give us their opinion. Please note that wherever you see a blank space like this means that the typist was not able to read the handwriting. Same goes for any words that were misinterpreted due to the handwriting. Sorry for any inconvenience. Responses: 43 f lied out surveys in Favor. 11 sent checks back with blank survey, S~4 in favor of restrictions on mass and scale. 4 no's 4 mixed responses 62 total responses Lake l~da Property Owners Association Design Guidelines Survey _Question #~ 1 What are some of the things you like about your neighborhood? Responses The variety of the housilig stock {both scale and design), The street pattern... And the nature of lot size. Location Convenient Character, charm, restoration and xenovation of existing alder homes, mature trees, large yards. Quiet, peaceful, friendly, convenient, very Iow taxes. Large yards, single family homes. The old Florida charm. I love the area, like the neighbors {friendly) The Play House close to the beach close to Briny Breezes (where my Mom lives. Leave it as it is - no condos - no high rise. Scale of homes, setbacks, unpretentious, quiet streets, space between houses, neighbors/families. For the most part, it is sedate,. older, and well located. Its homes are nicely built and many hold happy memories for me since I have lived there for a long, long time. I love the varied lot sizes, the larger and smaller homes, all unique, the quirky streets, and the real people. Seclusion -lot sizes -electric style of homes and ages. Architectural diversity, green space parks, lakes. Its quiet -friendly people -not much crime close to shops and ocean, churches and doctors. The eclectic look of a well kept, understated neighborhood. `I like it the way it is, quiet, friendly, unp~r~tentiaus. of the homes -nature trees. The variety of design in homes and the large lots. Large lots, lots of trees and foliage, different architectural styles, difference size houses. Friendly people, family atmosphere, '~Not* gated, historic homes, unique and different horses. For the most part it has remained as it was when we moved here. The diversity of the houses, all of the people "old and ,its character. Quiet, slow traffic, mostly well maintained properties, frequent and efficient trash removal. The people of course? Trees -large front lawns or set back. The character of older Florida homes. Diversity in architecture, large lots, matwe trees, family oxiented, relatively safe. Na lights, no sidewalks, limited access, variety of smaller homes usually with nice landscaping. Delayed _ of an era gone by. Rare to kids bike walk, skateboard by themselves these days. But you see it in Lake Ida. This, and proximity to beach and Atlantic Avenue is why we moved here. Multitude of different architectural elements. No "ticky-tacky" houses. No two homes should look alike. The proportion of buildings to site and to neighbor's the variety of building design and landscaping, the overall character and its history. Small streets, na direct route. Large property lines, different homes. Quiet -private -people accept differences and lend a helping hand -well maintained homes and property. No homeowners association xegulationsl Neighbors -trees- access to Delray {east) -close to Publix. Unique personality. My neighbors, the sunlight, the old Florida/IslandBeach feel of most the homes in the neighborhood. Diverse architecture, non-gated, style old Florida charm. Lake Ada Property Owners Association Design Guidelines Survey Question # 1 -Continued Various style houses. Walkable, friendly, landscaped, not a lot of cars, put friendly. Homes on large lots, kid friendly, real neighbors. The diversity of home designs. The people living here. The residents maintain their property is goad condition. Big trees, lots of green space. Lake lido Property Owners Association Design Guidelines Survey Question # 2 If you could, what tings would you change about your neighborhood? Responses Not too zrzuch........perhaps more code enforcement and side walks along major roadways. Have mare people maintain theiar property. I would not allow developers to come here to make a quick buck, by buying 1 lot and putting 3 homes on rt. Nothing. Make sure that all yards are cleaned up including vacant lots and unoccupied houses. Have the residents whom do not keep up their properties to start doing sa. Need to attend meeting for a honest answer. Nothing. Lake park facilities (on the east) increase area served by Nat'l gas. Rezone Beverly Drive to rid of the duplexes and apartments which were allows there years ago. They are completely out of place and should never have been allowed to begin with. Do not allow homes beyond a certain age to be destroyed or moved. The Totha and Rose homes are prime examples, and of course ,the Cornell house is a tragedy. Speed bumps? The are especially needed on Enfield Road where people drive like maniacs I would also like a small postal drop-off box replaced somewhere in the neighborhood since sadly, we no longer have a "real" post office. There was a very nice looking one at the intersection of NWf'~ Street and Aylesbury at one time, but it is long gone for reasons best know to others.) Only the incipient man ionization which threatens to make Delray and Baca suburb. Yards/lawns that aze weedy and unshaped, Prohibit children from riding motorized carts and golf carts in streets. I love my neighborhood -and my neighbors - but I feel moderate income families are being priced out. Nothing. Design guidelines for additions and new construction. Better code enforcement Nothing. No 2 story homes. Get rid of the run down, abandoned lacking homes. Put mare pressure on homeowners to maintain their property up to neighborhood standards. Policy of pick up poop from pups, speed limit, no overgrown lawns (up to waist} or dirt lawns with lots of weeds. Nothing; leave it alone. No dogs running loose, owners of walked dogs catxy bag and use for poop, yards with nothing but weeds (across from me) and yazds with zero landscaping (across from me}. Disregarded homes/lawns, some looking abandoned. We don't endorse a strict or typical "HOA" Lack of street landscaping Na much. Add more "stop" signs. A few mare street lights -speed limits enforced. Dogs using my lawn! apeed bumps and stop signs -traffic flow is too taa fast. Question # 2 -Continued Speed bumps SIow the traffic down, Design guidelines in place. Prevent "Trophy" homes Street cleanup, keep traffic slaw. Slow traffic. At least every 2 months or less I have solicitors at my door. More lighting at some areas. Nat let people overbuild to the point that it takes away the neighbors privacy. Lake Yda Property Owners Assaciatian Design Guidelines Survey Question #3 How long have you lived and/or owned property within the Lake Ida neighborhood? Responses 1 l years 55 years 30+ years Since 1970 - 36 years 9 years 21 years On and off since mid 60's 3 9 years Since June I5~' 2005 45 years 9 years 49 years Since 1977. In. Delray since January 21, 1952. 7 years 6 years 44 years Since 1965 Summer 1991 5 years Since 1978 14 years 28 years 4+ years 31 years 8 years 16+ years 17 years 4 years 12 years 34 years -since October 1972 28 years 13 years 37 years Since 1999 9 years 3 years my wife 7+ 7 years 10 years 7+ years 30 years 7 years Lake Ida Property Owners Association Design Guideiiues Survey Question #4 Are you concerned about teardownslMansionizationhappenings next to you? Responses Somewhat because of the lot size it could only happen to the nor of our house. To a degree -Yes Yes Yes Absolutely. If houses are tarn down, they should be replaced with approximately the same size. Not as long as the new homes fit properly within the neighboring properties. So far that is not really happening. Very much so. Concerned yes, I am manionization horrible. Yes Absolutely. Wouldn't it be nice if we could become one of the few neighborhoods in the country that will not allow such a thing to happen? That said, I would be positively gleeful if some of the homes in our neighborhood were razed. I realize there is a fine line between what can and cannot or should and should not be demolished and that is where a good committee needs to step in. I am currently concerned about the beautiful home at NW $~' Street grid Swinton which I understand is about to be at least subdivided if not destroyed entirely. That would be unforgivable. Yes Yes Yes Very much! Yes Yes Yes Yes Very much so. Yes Very are fine, but I don't want to see too many more. Yes Sure To a degree: 2 stories OK and only on single to#s; no combining lots to build singe "mansion". Absolutely. I cal them Gothic Mansions. Yes, it does detract from aforementioned appeal. Also concerned about prices and how some of our most historic homes can be rained in favor of multiple lots, Homogenization and profits to those {developers officials} who do not live here. Yes More concerned about what it will do to the character of the area. Yes Yes, these honnes don't fit -makes my home look old and outdated. . _~ello ! ? uestion # 4 -Continued Yes -already has happened. Yes Yes Very much so Yes Yes Absolutely Yes! Yes hi the area we are concerned! Yes, they go up ail around me. It devalues my property. . Lake Ida Property Owners Association Design Guidelines Survey uestion #5 What would you like to seethe new Design Guidelines accomplish? Responses Encourage existing structures to be improved -not replaced. Very minimal limits; only lot coverage ratio and set back 2n~ floor. To keep existing homes, cottages with large yards and property, and avoid extremely large homes in No zero property lines, no sidewalks, no oversized houses on small lots, no commercial business, tennis courts (private) okay. To keep our neighborhood for the residents who already Iive here -not run them out because they can no longer afford to live here. Conformity Need to attend a meeting far a honest answer. Leave it as is. Maintain the scale and feel of the neighborhood. Disallow homes aver a certain square footage. Disallow lot line to lot line building. Height limitations! In my neighborhood which for many, many years has considered of one-s#ory homes, there are currently four two-story houses being built (and this doesn't include the monstrosities going up on the Cornell property. Re-zone Check into what is traly going an in one ar two of these huge "houses". Many residents believe they aren't homes at all, but instead are businesses. I wish the guidelines would preserve the eclecticism that we sa admire and en,}oy. Standard put in place for maximum sq. ft. of living space in relation to the Iot size. Control the percentage of square footages on a lot. Control lack of privacy. Smaller homes attractive design. Increase from the side and rear of the property. Prevent the "Giant cube". Some sort of rule that makes the second story smaller than the first. Eliminate "cookie cuter" homes and maintain integrity of orchestral style. No duplication of designs and no more density - i.e. 2 large 2 stories in place of 1 ranch style as on 7~' street. Keep huge houses from being built on small lots. My concern is someone building a huge 2 story home on a zero lot line plot that looks down auto my back yard. Retain the area character. Keep the charm, the old Florida feel. To "insure new and expanded homes are consistent wit the overall neighborhood character". Reasonable guidelines far everyone -some elderly people would need help -that perhaps as an association - we could do - or offer them options. Capitalize on the diversity without being overly restrictive. Get a plan that would be followed. At a minimum, a in the process by those who live via representation in LIPOA for ex. But d not want °ndless bureaucracy. ~Ja zero lot lines. Minimum 20 feet between house and lot line. Question #S -Continued Establish a means to manage site development such as flaar area ratio, proportioning of building to site and adjacent properties. Enough properly to cover the size of a home. i.e. square footage of home should have enough property to support the home. Some standards set to meet the needs of established homeowners as well as acceptance of new ideas in renovating/rebuilding homes. Keep the Height restrictions - no zero lot lines. Encourage old Florida/Is1and/Key West style in the proposed guidelines transition from 2 story to 1 story. Stop Mansioni.zation. Establish design guidelines to keep the "old Delray" look. Allow fvr architectural range, not just repeated "vernacular" straight jacket. To keep to the style and soul of this neighborhood. Limit square footage to 3,000-4,000 under air. zero lot line and practically no yard. Greater land ratio for square footage of house with higher side setbacks. Houses that are built with consideration for their neighbors. Lake Yda Property Owners Association Design Guidelines Survey uestion #7 What overall neighborhood characteristic(s) would you like to see preserved as a priority? Responses Scale and of both house size, style and lot size. More an keeping existing space between homes. Also the charm and character of homes built in the 60's, 50's, 40's, etc. No over development One yr two story houses with enough yard space for outdoor activities (not building lot line to lot line). The individual look and charm of the old Florida style homes unique to our neighborhood. Need to attend a meeting for a honest answer. Leave it as is. Scale, space between houses, lot coverage characteristics that contribute to close neighbor Small to medium size homes only! Appropriate, approved exterior colors only? Roofs of only certain types (cement tile, cedar shake, and tin only!j. Generally, the homes be built in keeping with the neighborhood's character. (This was formerly the rule, but is no longer. Take a lank at the "barn" on the corner of Beverly and Aylesbury! Hideous.) The diversity of architecture, landscape design and evidence of personal style. Landscaping -Foliage Green space/ air space. 3eautifui homes like the Cornell's. We11 maintained homes allowed to remain. Comfortable homes an spacious yards that da not feel ar look like cookie cuter homes an a zero lot line. Character of homes & landscaping. The spaciousness. Small % of lot covered by homes, unique homes -not boxy Mansions. Unique homes, plenty of yard space, quaintness. Keep homes in the same basic character that has made Delray what it is today. Beautifiil yards, mix of houses. Homes in proportion to lots and to existing houses. Neat -taken care of property and homes. Mature trees and tranquility. Open space, large yards, ranch style. Relaxed beach/small town of 50's era, ak with building up/out ar new construction but with some guidelines, e.g.; density square foot for acreage Landscaping. Maximum 2 story homes - 30 feet height. The scale of development, the individual character of development, individually and u Uniqueness of homes. "No" duplication of homes in the same area -row. Limit square footage and regulate construction within a larger lot line between homes. So called new Key West is insidious! Greenery r.imit 2 story limit box looking structure. Jne story and construction only! Preserve old Florida charm! _Question #7 -Continued Open space -Preservation of existing character. Walkability and green space. Scale of homes to fit the lot sizes. Keep the older homes. No more mega houses. Private back yards. Lake Ida Property Owners Association Design Guidelines Survey Ql.1.e5tl.On #$ Which orchestral elements are most important to you (I.e. building form, roofs, shutters, windows, color, entrances, garage? . Responses Building bulls and fenestration (where passible parks should be encouraged). Building form. All of the above, but if I "had" to choose -building form. Everything should be up to the individual owner. That's what makes Lake Ida unique. Size of houses that are not out of character with neighborhood color. Building height (i.e. towering roofs). Anything that would stick out like a sore thumb. Ali of the above. No change. All are .important, but conservative color is vital to me. The City Fathers are spinning in the urns looking down at Swinton which is ghastly with a raw of green, lavender, yellow and pink homes. And what about the bronze "Brokeback" horse and cowboy statues on Swanton? Who approved that? Obviously the work "ordinance" has been purged from the Dictionary of Delray. Ali of these elements are important in that personal style is important but the size of the dwelling should fit comfortably on the lot. Anything that blends into the surrounding homes and landscaping. ~Il new construction should have a minimum of a 2 car garage. All of the above. Interesting, unique homes -not cookie cuter boxes. I have thought in those terms. All and how they work together. I am open to new ideas - however the yellow/orangelred and grey house on 2`~d Avenue (near 24~'} is a little too much color. Building form, windows, color and entrances. Building form. Landscaping, entrances, driveways. Color They all are. Enjoy tasteful diversity using various materials and various styles. No one element is especially important to me. Building form, entrances. Do not support HOA or POA dictating what's appropriate down to specific element, rather do support some guidelines that establish the need for characterlcharm of Lake Ida. acceptable. All All of the above, because each is important, but my should- not impose on others as we all have different opinions. '~To comment. ~f you like cookie cuter homes - go out west - I like different architectural styles. Question #8 -Continued. No enough Colorllandscape. Building farms. The more diverse the better. All are important. Building form, mass in relation to spatial contest. Everything. Alt Color Garages not facing the street. Lake Ida Property Owners Association Design Guidelines Survey Question #9 Which architectural elements need to be addressed the most because of no consistency or awkward use? Responses Home relationship to the street....to often the garage becomes the focal paint.... And the entrance becomes hidden an our after thought. This is too much detail -would limit individual rights, too much I prefer to look at the big ip cture issues only. The size of the homes - in my opinion is the issue. Keep "open" lawn space. No all concrete front yazds. Oversized houses, strange colors. Height, appearance a setback. Size of the homes ~l . No change. New construction covering too much of the lot and too close to other houses. Several answers above will serve as my reply. Some idiosyncratic awkwardness is not nearly so worrisome s a building that threatens the privacy of neighbors and inches toward the zero lot line Massioness in proportion to a lot size. Building out to zero lot line. Crowding 2 - 3 - 4 monstrosities an one house lot. Set back and height. I will fight any attempt to ar control any "orchestral elements" such as color, fences, roofs, etc. of houses on contiguous lots. Crowding 2 story houses together. No 2 story entrances? I hate the "Boca 90's look". Keep the original charm. Huge hornes an single lots. Homes that don't look like they fit in old Florida, I.e. the new, Italian "custom" look. We are not a neighborhood - no need for columns, statues, etc. Size and color. Provide sazrze sort of shade for cars that is permitted in driveways -that would be acceptable. Chain link fences look tacky as da hideous color combinations. Would like to see overgrown, neglected yards cleaned up. Giant front entryways. Would not dictating elements, but do not appreciate "O".lot lines. Chain-link fences in front yards or use on corner fats. The space and proportion of building to site and to neighbor. No comment. New designs should be approved by a community appearance board -limits should be made on designs that don't meet aesthetic guidelines. Height and size of house to pxaperty size. - Square box looking houses. 2 & 3 story housing. €3uild in "mega" homes next to old homes nut of chazacter. ~.andscape envelopes. Question #9 -Continued No more McMasions! Too large a Name an too small aproperty -Have land ratios. Lake Ida Property Owners Association Design Guidelines Survey uestion # 10 What type of restrictions would you like to see placed on building form (I.e., numbers of floors, building shapes allowed, types of materials used, etc.}? Responses Building mass and bulk.......a requirement t home engage the residential street. ???????? Possibly lot size/bldg size ratio. ~ < l (#1 would be only 2 floors) widows ~ OK. Spes that matches existing homes, materials for hurricane. Na zero property lines in building everything else should be left to the individual. Yes to number of floors, + size and color. All of the above. Floors and shapes rnosdy. No change. 2 story. I'd like to see CBS structures from now an because they holdup best under hurricane conditions and have the tailored look I like. I am not much for restriction except that of building appropriately to the size of the lot, and remembering to take the rights of neighboring folks in consideration. Limit two story homes to larger lots no "box shape" homes. .Size in proportion to a lot. No structure should maximize the setbacks. Set back from street - 2 floors. I am very apposed to the laige houses (2 stories +) that are built right up to the limit. Such a home next to me or behind me would infringe on privacy and cast shadows on my pool. Only the size of the second story. Also no exceptions to setbacks. 2na floor setback -materials appropriate far home style. Material should be CBS construction. Limit height - no 3 stories. Number of floors, building shapes. Type of materials. Number of floors. All of the above - o town homes - 40 room mansions - or homes that just don't ga with character of neighborhood. 2 floors maximum; no other restrictions. No double garage doors facing street. 2 floors only but not rising in a box from the street. Do not support dictating this, rather support level 2 floors with attic maximum. None. Number of floors. Limit to 2 floors -limit square footage - to proportion of lot. Building shapes that don't overwhelm a property lot size. Its happening too frequently. Story. ~~a higher than two stories. # o£ floors. Question #l0 -Continued new homes in old homes. We would Tike to encourage architectural exploration spatial consideration. Size, size. Height restrictions. No mare than 2 stories. 2nf floors reduced if they go to ~ so they do not over power the neighbors. Lake Ida Property Owners Association Design Guidelines Survey Question #11 What is your preferred vision for landscape/streetscape designed including use of hedges, walls, fences, driveways and gates? Responses Use of these elements to minimize the garage and have a Let the owner decide. to the home. None -just neat. Circled the words hedges and fences and driveways. I kr~aw there is a security problem as we were broken into, walls and gates suggest feaz. I have my own feeling but I am from rack east Cape Cod. I would have to study Florida all of the above a little more. Na change. No front driveway gates. Oh, would that I could afford to landscape my own home in the ways T am about to describe! I would like to see more pavers in driveways, more manicured hedges, fewer non-backyard walls, no on-street parking, no boats (where, oh where is the old Code of Ordinance book o which residents frequently referred years ago?). I would love to see our current wooden telephone and electric poles replaced with more attractive ones. I would also like to keep the City from coming along, as it did several years ago, and insisting thaT residents "must have a Swale", They removed my front ficus hedge in no tune flat and create a Swale, telling me that without one, I would have a mosquito problem. I had never had- such a problem, but it certainly have one now - very maddening? I was powerless to act in this situation (yet beach resident have complete say in whether or not to have a much-needed bicycle path? And believe me, I am not a biker. I just think what is good for the goose is good for the gander.) It would be lovely if the new construction harmonized with existing neighbors' homes, remembering to consider the all over look of the street. Lush landscaping. No concrete walls. Landscape plan in proportion to size and consideration of the property right and privacy of neighbors. Similar to surrounding homes. No gates please? To even discuss this goes against the character of the neighborhood. Ifyou want to encourage tree planting along the street, that's fine. But "no rules". Heavy landscaping - no visible chain link fences. No hedges in front or on side stxeets as views aze blocked - as on 5~ Avenue and 7`h Street - no sea grape hedges and ficus to be kept low. No opinion. Neat, clean, quaint. Like use a for front areas. Gates seem to be too much for the feel of our neighborhood. No chain link fence. Not opposed to use of hedges or gates. Walls OK with hedges to offset starkness. No fences butted right up against street -must have landscaping in front. No chair link fences unless imbedded in hedge. No hedges that impair vision an corner. Question #1 X -Continued Personal: Just want commitment to maintenance. Do nit agree that we should tell others they can't have hedges covering their house, for ex. Would like people to respect drivers -trim back from street, signs, etc. No cyclone/chain-link fences. The landscape character should be in harmony with the house and it neighbors -casual, formal, rlatllral, classical, etc. Hedges Other than height and materials what can you limit? That's what makes our neighborhood interesting - everything isnot the same Nat ~~yy Maintain a pleaser$eal . Hedge around my place big enough to block the view of the teardown. Walls are ugly! Especially pre-fib ones. Use of natural vegetation where possible. The should be compatible/enhance the architecture adjacent and work well with the whole. Keep gates to a minimum. Allow people to provide privacy for their homes. hedges off all view of homes from the No parking on streets unless there is a apron far parking. All of the above. Lake Ida Property Owners Ass©ciation Design Guidelines Survey uestian #12 Would you Tike sidewalks along our streets or prefer it Left as is? Responses Yes on mayor road ways. Yes to sidewalks. Left as is. No more sidewalks. As is except for west side of Swinton Avenue -this should have been in years ago. No sidewalks! Leave the streets as s they are, please. I like both depends where and is it suitable to the home in front, Yes to prefer it left as is. Sidewalks would be fine if and only if they were properly maintained by the city which, of course would never happen. Considering that marry sidewalks are overgrown with foliage, I hardly see what difference it makes. As is - no sidewalks No sidewalks except definitely sidewalks on Swinton west side. Either one. Leave as is. Better for allowing the rainwater to be absorbed unto the ground -also very few of our streets have enough fast traffic to sidewalks. _~0,1 will fight against sidewalks and resign fro LIPOA if the organization tries to get sidewalks. Left as is. Left as is. A5 15. Prefer as is. As is. Sidewalks where we have them on mast of the "main" arteries are fine. Left as is. Left as is. Prefer as it is. Left as is. Sidewalks are great and provide much needed safety especially with speeders down. Lake Shore Drive on way to park and playhouse. But not without understanding cost impact and land impact. Sidewalks. We like it as is, but can accept sidewalks. No. Na sidewalks please? As is. As is. Sidewalks would be nice, Noi A bike lane on AlA would be good? sidewalks on one side only. ,eft as is - No more concrete Florida is sinking in cement. Question #12 -Continued Sidewalks along specific interconnect ability routes - i.e. to downtown, park, lake not everywhere. Sidewalks on both. sides of Swinton. No sidewalks. Leave as is. Left as is. No sidewalks. Lake tda Property Owners Association Design Guidelines Survey 4 responses of def Hite "No's". Lake Tda Properly Owners Association Design Guidelines Survey 4 strong N©'s 1. What ate some ofthe things you like about your neighborhood? Lack of Homeowners Association -the ability to do my own property what I want within the law and the building code of Delray Beach. Location to beach, shops and I-95 . Large lot lines. Quiet neighborhood, parks. The individual style and different sizes. 2. If you could, what things would you change about your neighborhood? Property taxes. Tear dawn older 54's & 50's homes with flat roofs and replace wit newer architectural homes. I would change some of the older homes by renovating or giving a face lift. Keep new people who found this neighborhood attractive from telling everyone how to keep it the way they found it when they moved here. Let it 3. How Iong have you lived andlor owned property within the Lake Ida neighborhood? 1l7 years 14 years 2 years ~9 years As a child, adult, and raising family. 4. Are you concerned about teardowns/Mansionization happening next to you? No I think any development, renovations or updating to improve the neighborhood is great. No, its driving up Sales, as iang as variances re respected. I have no problem with 2 story. No, I welcome this. I feel if you pay your taxes keep a nice home and can afford it, then do it. It's you business. No 5. What would you like to see the new Design Guidelines accomplish? Nothing ! ! Leave this to the city's building department. Our neighborhood is not a condo or town home with rule and regulations. Da not aver regulate individual homeowner rights. Teardowns, either renovated or town down. Leave it alone - Do not f x what is not broken. 6. If you need more space in your current house, would you be inclined to build an addition, add a second story, teardown and rebuild, or move? Finishing an addition now that has added a second story. Build out and build up -second story. I have a large lot 17~ X 80. Teardown and rebuild. Addition or second story. 7. What overall neighborhood characteristics} would you like to see preserved as a priority? ~o homeowners association allowing others in the neighborhood to have their ideas and opinions affect what I do with ~ house. Respect current building variances and noise ordinances. Older homes that are renovated. Lot sizes. 8. Which architectural elements are most important to you (i.e., building form, roofs, shutters, windows, color, entrances, garages)? Farm and roof I am concerned with peoples outdoor speakers, outdoors kitchens and outdoor parties than the building. Building form. 9. Which architectural elements need to be addressed the most because of inconsistency or awkward use? This is a matter of personal opinion is it not?? Replace ald 1950's &.1960's flat roofs and open car ports. None dame as above "loaded" question. Subject to personal taste should not be directed by others. 10. What types of restrictions would you like to see placed on building form (i.e., numbers of floors, building shapes allowed, types of materials used, etc.}? None! ? My house is my house. I pay for it! Nobody else does. I can do what I want within the law and building codes of Delray Beach. 2 floors is fine. None No single wide mobile homes, or homes designed by committee, governmental groups far associations to many chefs makes a neighborhood look like Arvida. 11. What is your preferred vision for landscape/streetscape designs including use of hedges, walls, fences, driveways and gates? I like what we have. Manicured yards. Allow the individual to address their own style -quit counting blades of grass "Just maintenance". 12. Would you like sidewalks along our streets or prefer it left as is? Leave it as it is. The minute you put in sidewalks you open yourself to the control of the city. Left as is. Leave as is. As is.......pedestrians help slow dawn traffic. Lake Ida Property Owners Association Design Guidelines Survey 4 responses with mixed messages -pro and eon. Lake Ida Property Owners Association Design Guidelines Survey 4 responses with mired messages -pro and con. What are some of the things you like about your neighborhood? The parks: everyone's house does not look the same! E Lake, parks, location, uniqueness, the people, nature. Character Large lots, diversity of architecture, alI single family (no multi~fami.ly) residences. 2. If you could, what things would you change about your neighborhood? Put power lines under ground and make natural gas available to everyone. Eliminate non maintained properties and houses. Focus on general maintenance first - nU ~vate & public. More street lights far safety, sidewalks. 3. How long have you lived and/or owned property within the Lake Ida neighborhood? 3 years. 8 1/z years. `97 l5+ years ~. Are you concerned about teardowns/Mansionization happenings next to you? No, not really. Duplication of the same modelll~.ouse within same neighborhood is a concern. Na, because it is going to happen. No but believe forthcoming. Perhaps with scale. Traffic concern. 5. What would you like to seethe new Design Guidelines accomplish? Assure proper scale, architectural elements are used property. What it states, setting up guidelines. Were not said on idea but are supporting with contnbutian enclosed. We attended l~` guidelines meeting. More street lights. Please see #7. 6. If you need more space in your current house, would you be inclined to build an addition, add a second story, teardown and rebuild, or move. We added an addition, but if we needed more space we would be inclined to build a guest free standing cottage. Every situation is different. second story. 4 mixed messages - pro and, con -Continued. 7. What overall neighborhood characteristics} would you like to see preserved as a priority? The large lot requirements. All different styles represented. Individualist expression. We are have our own character, let our houses reflect that! We do not want everyone's homes looking the same. We do not live in a gated community. 8. Which orchestral elements are most important to you (i.e., building forms, roofs, shutters, windows, color, entrances, garages? All of the above -everything is important. Yes, all of the above. Not cookie cutter, not beige, not all ,not gated community Cando' commando feel. 9. Which architectural elements need to be addressed the mast because of inconsistency or awkward use? Second story additions; they usually look awkward. Use proper roof system consistent with architecture of home. All the new replacement roofs going on houses that cannot carry the look. Inconsistency or awkward =scale. So subjective. 10. What types of restrictions would you like to see placed on building form (i.e., numbers of floors, building shapes allowed, types of materials used, etc.}? Na more than 2 story. No asphalt shingle roofs. Fora "style" be consistent in its construction. Setback only. Green grass priority, plant appropriate hurricane trees. We would not like to see huge houses next to original ones. Lets keep the charm of our neighborhood. l 1. What is your preferred vision far landscape/streetscape designs including use of hedges, walls, fences, driveways and gates. Existing landscape requirements is sufficient for new houses. New driveway shall not be asphalt. Code enforcement to do better job of monitoring existing landscape. Require more landscaping as square footage increases. Streetscape designs - Artlrul neighborhood architectural entryway. 12. Would you like sidewalks along o~ir streets or prefer it left as is? As is unless the city wants to pay and they have them on every street and install decorative street lights. Left as is. Need to know more specifics. Yes. FIGHT NEIGHBORHOOD BUILDING RESTRICTIONS PLANNING ANA Z®N1NG SGARD MEETING ~ 11~[ONDA'Y 4121 6 PM CITE BALL Privacy was the reason for developing these restrictions. The restrictions .~~ will apply to ALL homEes, not just new construction. An existing single ~ story home, planning to build a single story addition, of any size, in no way invades the privacy of it's surrounding neighbors. Why do we seed new restrictions, on single story homes? • Garages will be included as part of living space ,limiting your ability to expand • Reducing the front setback will make all new construction more noticeable • Two story sheer wall problem stil.I remains. • New planting requirements will be impossible to attain, if you have an existing FPL easement on your property These are a few of the reasons that the guidelines proposed should not be appxoved! These restrictions are on the P&Z B®A]LtID AGENDA , with a City of IDelray Staff recoulmendatian far approval, Because the restrictions have staff approval, A NO SHOW IS A VOTE FOR APPROVAL. THAN[ YGU, Uwners Against Restrictions QUESTY~NS 2'78-Q368 S ~~~ N~TI~E T~ ALL L.A.KE IDA HOMEOWNERS oP~os~a~or~ ~ro au~La~r~o ~ss4~rdc~eoN ~o~r ~« N~ anea sx~sai~G ~o~ss There is a small group of homeowners trying to impose building restrictions to ALL of our homes. '~"hese restriction will apply to all reanodeling, additions, and new construction from Swinton Ave. west to the lake and from Lake Ida Road north to NW 22~d Street. We are an area of more than 700 homes. The group trying to impose the restrictions consists of 30 people, or 4% ofthe homeowners. The restrictions have already been submitted for review to the Planning and Zoning director and have received a staff recommendation for approval. This is the first step of two, to make these restrictions part of the City of i;eiray Buiiaing Code Requirements. Building on the average lot, the proposed restrictions allow a maximum of 3150 SF, including garage, if any portion of the addition is twa story. With an average 2 car garage, your maxiffiuffi A/~ square footage would be 2650SF. The average size home sold in this area by the Multiple Lasting Service, in the last 18 months, is 2,993 SF of A/C space (see attached). Not being able to expand your home, because of these restrictions, will decrease the value of your property..Any future buyer would have to be motif€ed by your real estate agent, that the home is not expandable if you are above the 2650SF. tl~alntaining privacy from construction of a new home, or an addition by your neighbor is important to everyone. ~ This should be accon~pllshed by requiring 6' or S'solld fences and mature plantings. I built a new house two years ago, that is two story {680 NW 11 St) . The plantings, make it totally private, even from the street, This was achieved by using mature plants. Landscaping is the key to privacy, without further restrictions. There is a P~2 Board aneeting Monday,April 21 at 6PM=. ~f you do not want new restrictions it ~ very important that you attend this aneeting and speak out !rr Thanks, ~~~ ~~ Philip Colnvn 929-8b80 ,;~ ~ ~ ~ ~ ~~~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~~ ~~ '~~~3 ° v~ ~~~ J~ ~ ~ O ~ N ~ ~ ~ ~ ~ d x V ~~ N N ~ ~ ~ z ~o w w FIGHT NEIGHBORHOOD BUILDING RESTRICTIONS PLANNING AND ZONING BOARD MEETING MONDAY 4121 6 PM CITY HALL Privacy was the reason for developing these restrictions. The restrictions will apply to ALL homes, not just new construction. An existing single story home, planning to build a single story addition, of any size, iri no way invades the privacy of it's surrounding neighbors. Why do we need aew restrictions, on single story homes? • Garages will be included as part of living space ,limiting your ability to ezpand • Reducing the front setback will make all new construction more noticeable • Two story sheer wall problem still remains. • New plaatiag requirements will be impossible to attain, if you have an existing FPL easement on your property These are a few of the reasons that the guidelines proposed should not be approved These restrictions are on the P&Z BOARD AGENDA , with a Ci#y of Delray Staff recoFnmenclation for approval. Because the restrictions have staff approval, A NO SHOW IS A YDTE FOR APPROVAL. 'THANK YOU, OWners Against Restrictions QuEST~oNS ~~s-o~~s STOP LAKE IDA 8U=LD~NG R~STR=CT=ONS MEAT=NG M®11i~AAY 4J21108 G:OOFM CITY BALL The Lake Ida Area is NOT a condominium association. Most of us live here because we did not want a gated community and it's board, telling us what we could and could not do with the property we own. There are over 750 homes in this area. Currently there is a group of less than 30 trying to dictate new building restrictions for us all. The city currently has a building code for our area based on zoning and lot size. Taste is an individual thing. These restrictions will not limit bad taste, but will devalue your property and have a harsher a,~fect on additions to existing homes, than on new construction. It is important that yon attend this PLANNING AND ZONING BOARD gneeting and be heard. ~6~~ /~ ~' g. ~~ THE TERM "GUIDELINES" iS DECEPTIVE. THE PROPOSAL IS FOR "RESTR.ICTIONS". Your Property Rights -~': ,~ ~~ ~~~~ ~ ~_ DON' T LET DELRAY SEPARATE THE TWO ! 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D ,7a J t ~- h,` Y i r 7D C f T 1 I ~' F 2f H J Z7 MT 0.s W~ ~. h W(6 DPIVE I !b d~" ~ 4ti LAKE IDA ROAD ~ '~.il a w Y..~a~~l a~ ~ 8QY SCCU7 TRINITY `N,E, LAKE IOA ROAD HUT LUTHERAN 1 13 CHURCH R-1-A QQM S R ; C F ~ ,1 ;~ ~ cHxo cHRrsr cAR£ CENTER EAK E I DA R OAO + /2 N LAKE IDA OVERLAY DISTRICT ~~ OVERLAY DISTRICT PLANNING DEPARTMENT D ZONING MAP CITY OF DELRAY BEACH, FL -- ~1G!!AL BASE MAP SYSTEM -- MAP REF: U:\AUTCCAD\PAUL\LAKE IDA OVERLAY DI57RiCT I MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Assistant Director Planning & Zoning THROUGH: City Manager DATE: June 13, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1) ITEM BEFORE COMMISSION The item before the Commission is that of approval on first reading and transmittal of Comprehensive Plan Amendment 2008-1 to the Florida Department of Community Affairs. BACKGROUND The City Commission initiated Comprehensive Plan Amendment 08-1 on February 26, 2008. This amendment represents the first amendment for the year 2008 and includes the EAR-based amendments to the Plan. The amendment includes City-initiated text amendments to implement the recommendations in the adopted 2006 Evaluation and Appraisal Report, a City-initiated text amendment to the Land Use Designation/Zoning Matrix Table in the Future Land Use Element, and one (1) City-initiated Future Land Use Map Amendment. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: The modified Goals, Objectives and Policies of the Comprehensive Plan have been attached. The supporting data for each of the Plan elements will be presented and discussed at the meeting. • The following proposed text changes are to implement the recommendations contained in the adopted 2006 Evaluation and Appraisal Report: Future Land Use Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update existing land use and population data, including supporting maps and tables. 4. Update Map #3 and Table L-5, Potential Residential Units as required to reflect development of some parcels. 5. Update vacant land analysis. 6. Update Map #ll, Annexation Areas, to reflect completed annexations. 7. Update Redevelopment Analysis section to reflect completion of all Redevelopment Plans. 8. Update descriptions for all land use categories to include intensities and densities. 9. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. 10. Add new policies to achieve an appropriate mix of uses, direct resources to infrastructure improvements downtown, and explore additional downtown open space opportunities. 11. Add policies to affirm the City's continued commitment to workforce housing. 12. Add policies to develop design guidelines for the North Federal Highway area and evaluate the need for guidelines in the Congress Avenue Corridor and Four Corners Area. Transportation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update Table T-1, Street Network Classification and Improvements. 4. Update Map #13, Existing Roadway Laneages to reflect roadway modifications. 5. Update Map #15, Existing Annual Average Daily Traffic Conditions and Map #16, Peak Season PM Peak Hour Peak Direction Traffic Conditions to reflect 2005 traffic conditions. 6. Update Table T-5, 1999 Intersection Accident Data, to reflect 2006 data. 7. Update Table T-6 and T-7 to update 2000 future traffic conditions to 2010. 8. Update Map #17, Intermodal Facilities. 9. Update Map #18, Major Trip Producers/Attractors. 10. Update Table T-8, Future Over-Capacity Facilities. 11. Update Map #20, 2015 Operating Conditions, to 2025. 12. Update Map # 21, 2015 Cost Feasible Plan, to 2025. 13. Update Table T-9, 2015 Roadway Improvement Schedule, to 2025. 14. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Housing Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update the existing conditions tables from 1995 data to 2005 data. 4. Update Table HO-11, Number of Substandard Units from 1990 to 2000 Census data. 5. Update the 2005 forecast tables to years 2010, 2015, 2020 and 2025. 6. Update, Table T-20, Potential Residential Units, to match Table L-5 in Future Land Use Element. 7. Update Affordable Housing section to reflect new City initiatives. 8. Update Map #22, Neighborhood Categorization Map to reflect changed conditions and modify text to eliminate Redevelopment Category. 9. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. 10. Add new policies to affirm the City's continued commitment to workforce housing. Public Facilities Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Coastal Management Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Table CM-1 and Map #23, Coastal Planning Area Land Uses, 3. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Conservation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Open Space and Recreation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Intergovernmental Coordination Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update General Fund and Expenditure Five Year Forecast Table. 3. Update Pledgeable Revenue Matrix. 4. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives. Public Schools Facilities Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update element to reflect changes related to the second amendment to the Interlocal Agreement. 3. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives. • Future Land Use Element -Amendment to the Land Use Designation/Zoning Matrix table to modify zoning districts to be consistent with additional Future Land Use categories. City-Initiated Future Land Use Map Amendment: • City initiated Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of the Fair Oaks Center property. The current County Land Use Map designation is INST/18 (Institutional, with an underlying High Residential - 18 units per acre) and the Proposed City designation is CF (Community Facilities). REVIEW BY OTHERS The Planning and Zoning Board held a public hearing regarding the City initiated land use amendment portion of the request on April 21, 2008. Presentations were made by staff and no one from the public addressed the Board. The Board unanimously (7-0) recommended the amendment be adopted by, adopting the findings of fact and law contained in the staff report and finding that the Future Land Use Map amendment and approval thereof is consistent with the Future Land Use Element A-1.7 of the Comprehensive Plan (FLUM amendment findings), LDR Section 3.1.1 (Required findings),and the Goals, Objectives, and Policies of the Comprehensive Plan. The Planning and Zoning Board will review the text amendment portion of the Comprehensive Plan Amendment at its meeting of June 16, 2008. The results will be presented at the City Commission meeting. RECOMMENDATION By motion, approve on first reading, Ordinance No. 17-08, by adopting the findings of fact and law contained in the staff report and finding that the amendment supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan and finding that the Future Land Use Map amendment is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, and transmit the Amendment, containing the materials in the staff report with attachments to the Florida Department of Community Affairs. ORDINANCE NO. 17-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSNE PLAN AMENDMENT 2008-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSNE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSNE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2008-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2008-1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held public hearings on April 21, 2008 and May 19, 2008, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearings, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2008-1 be transmitted; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, proposed Comprehensive Plan Amendment 2008-1 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2008-1 was held by the City Commission on May 20, 2008, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, following review by the Florida Department of Community Affairs a second public hearing will beheld, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act." Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2008-1," which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan -Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2008-1. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO.17-08 Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO.17-08 City of Delray Beach Comprehensive Plan Goals, Objectives and Policies Future Land Use Element Future Land Use Element GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use,~d intensity and density +s are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; +s are complementary to and compatible with adjacent land uses; and fulfille remaining land use needs. Policy A-1.1 The descriptions of land use designations contained in this Element are hereby adopted and establish the intensity of use for each future land use category and compatible zoning district designations. Policy A-1.2 Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exist along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. Strip commercial development, in this context, is characterized by several of the following design features: buildings are arranged in a linear (or strip) format on a narrow depth lot; parking is generally street frontage or on-street; uses are one store deep; no design integration among individual uses; typically no pedestrian access between adjacent developments; very little or no uniformity of signage on an individual development. Policy A-1.3 The Commerce land use designation, which involves a mix of light industrial, commercial uses, and research and development, is the most needed land use during the City's final stage of build-out. Thus, changes to the Future Land Use Map, which diminish this land use, are discouraged. Policy A-1.4 The City shall undertake a comprehensive study of economic development issues and needs in FY 9 08/09. The study will, at a minimum, assess the major economic components of the City to determine the uses necessary to accommodate employment needs and sustain economic growth. Recommendations made in the study regarding land use needs shall be adopted as policies in the Future Land Use Element. 1 Future Land Use Element Policy A-1.5 As the City has an ample supply of housing designed to accommodate its seasonal and retirement population, new residential developments shall be designed for a balanced demographic mix of permanent year-round residents. This shall be accomplished through the implementation of policies from Objective B-2 of the Housing Element. Policy A-1.6 To encourage revitalization of the City's Central Business District and enhance the residential character of the western portion of the City, Future Land Use Map amendments to commercial designations in the area west of Interstate I-95 shall be discouraged. Policy A-1.7 Amendments to the Future Land Use Map (PLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: ^ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and PLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the PLUM designations of Conservation or Recreation and Open Space; nor shall it apply to PLUM changes associated with annexations when the City's advisory PLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all PLUM amendments. ^ Consistency -- The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. ^ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. ^ Compatibility -- The requested designation will be compatible with existing and future land uses of the surrounding area. ^ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Policy A-1.8 Future proposals to establish regional public facilities shall be supported by data which demonstrates that the loss of property tax revenue and other negative impacts will be offset by mitigating measures which may include, but are not limited to: payment of fees, creation of significant numbers of local jobs, and measures to control odors, noise, traffic, and other potential impacts on the surrounding communities. If the approving body determines that the negative impact of a particular facility cannot be substantially offset by mitigating measures, the application shall be denied. 2 Future Land Use Element Tho (~i4v ohnll nron4o n noon, Ci i4i iro nrl I loo ~ooinn n+inn nnrl ~r~ninn Policy A-1.9 ~n~-~,~r~~~~~La aio~rin~ fnr +ho ('1~r,~j 4~POni io ~nrrirl~nr T~T~`1~r,~~ 4~POni i~~or! I Ico Ci iii iro ~fino r!o"olnnm one onrl rooirlon~iol , ,ooo. The primary function of the ~t Congress Avenue Mixed Use Future Land Use designation is to attract Class A office development while allowing limited residential development (including workforce housing) and support commercial uses. The designation allows commercial and office development at a total maximum FAR of 1.0. The commercial uses are limited to 20% of the total floor area of a master development plan. Office uses may comprise one hundred percent (100%) of the total floor area of a master development plan. Residential development, at a maximum density of up to 50 units per acre within 2,500 linear feet of the Tri Rail Station, and 40 units per acre for the balance of the corridor, will be allowed. Residential use may comprise up to 100% of the total floor area of a master development plan within 1,000 feet of the Tri-Rail Station; 80% of the total floor area between 1,001 and 2,500 feet of the Tri-Rail Station; and 75% of the total floor area for the balance of the corridor. The maximum FAR for residential uses is 2.0. Development must have an emphasis on non-vehicluar (e.g. pedestrian and bicycle) access to mass transit, including but not limited to, Tri-rail and Palm Tran.k~er~ noon, ~nninn rlic~ri n~ ~ho~ norm i~o Ohio mivor! i ioo r!o"olnnm one Policy A-1.10 In FY 2008/09, the Planning & Zoning department shall evaluate the need for establishing design guidelines for the Congress Avenue Corridor and the Four Corners Overlay District. Policy A-1.11 In FY 2008/09, the City shall work with the Chamber of Commerce to develop a marketing plan to attract new business and promote redevelopment of the Congress Avenue Corridor. Objective A-2 To reduce, and eventually eliminate, uses which are inconsistent +ih-r~ti~2~'n.~°n~nr ~n,hinh pro innr~noio+~ with predominant adjacent land uses, and to insure compatibility of future development, the following policies shall be applied. Policy A-2.1 The City shall continue its Code Enforcement Program at funding and staffing levels to no less than that of FY 996 07/08. Policy A-2.2 Prior to approving any development application which comes before it, the applicable approving board must make a "finding of overall consistency" of the requested land use action with the objectives and policies of the Future Land Use Element. Policy A-2.3 Development of remaining vacant properties shall occur in a manner which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. 3 Future Land Use Element Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. 2) Automobile dealerships shall not locate and/or expand in the following areas: ^ Within the CBD zone district; ^ West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; ^ East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; ^ On properties fronting George Bush Boulevard, east of Federal Highway. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of I-95. 4) Automobile dealerships shall be directed to the following areas: ^ North of George Bush Boulevard, between Federal and Dixie Highways; ^ East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; ^ South of Linton Boulevard, between Federal and Dixie Highways; ~~°°+ccvvc°ncrr-m~~c°vi~ °aiT,~ ~~ mat-FFF rni~o~i\ fre~~`~~~C~+r~c°+ +n C G 'I (l+h ~~ ~' ~ ~r C +v~ccr ^ On the north side of Linton Boulevard, between I-95 and S.W. 10th Avenue, and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. Policy A-2.5 The section of the Land Development Regulations that deals with nonconforming uses and structures shall be comprehensively evaluated in order to ensure that the restrictions on the continuation, expansion, and improvement of nonconforming structures and uses are clear and enforceable. This evaluation and the subsequent LDR changes shall be completed in FY 9~9~ 08/09. 4 Future Land Use Element Objective A-3 The development or utilization of remaining vacant land shall provide for the creation and retention of open space and the rentention of natural resources. This objective shall be met through the following policies: Policy A-3.1 Prior to recommending approval of any land use application which involves vacant land, the appropriate approving board must make a finding that the requested land use action is consistent with this objective and its supporting policies. Policy A-3.2 Proposed development should not adversely affect any land identified as an environmentally sensitive area pursuant to Objective B-1 of the Conservation Element. Policy A-3.3 Proposed development shall accommodate required open space as provided for under Objective B-1 of the Open Space and Recreation Element. Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through a~ the following policies: Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlin+r~ed of processes including, but not limited to, building permit processes for residential developments and to accommodate nlonnor! i ini+ rlo~iolnnmon+c ~o~ in` mixed-use developments, and other innovative development practices. Policy A-5.1 The City shall continue to enforce its existing sign code. 5 Future Land Use Element Policy A-5.2 The City shall continue to enforce its Flood Damage Protection Ordinance. Policy A-5.3 The City shall continue to enforce its existing off-street parking regulations. D~liw A_r. A In CV QS2/QQ 4ho (~i4v oh.~ll r o~ni Oho nAivor! I loo (~~4onr~r~i I~nr! i ioo rs.~~rrc-vny-~~urrr2~FF ca--vac-vuccgv Fie- Objective A-6 Urban sprawl shall be discouraged by the provision of services necessary for development of unserved parcels in the City's Planning Area. Objective A-7 To encourage the provision of workforce housing and transit-oriented workforce residential development in the City, the following policies shall be implemented. Policy A-7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Policy A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The I-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10t" Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlay District shall have a maximum density of 30 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. Policy A-7.3: Residential Density may not be increased on any property located within the Coastal High Hazard Area through density bonuses in the Workforce Housing Program. 6 Future Land Use Element Policy A-7.4: All Workforce Housing Units, constructed under the Family/Workforce Housing Program, shall remain affordable for a period of no less than forty (40) years commencing from the date of initial occupancy of the unit. Policy A-7.5: The City shall monitor the progress of its affordable housing initiatives and may modify the program or enact other provisions to improve the program when necessary. GOAL AREA "B" THE REMAINING GROWTH OF THE COMMUNITY SHALL OCCUR /N A MANNER WHERE NEW DEVELOPMENT AND REDEVELOPMENT WILL BE SERVICEABLE AND lT WILL NOT IMPEDE THE COMMUNITY'S ABILITY TO ACCOMMODATE FUTURE GROWTH OR DETRACT FROM ITS CURRENT QUALITY OF LIFE. Objective B-1 New development shall not occur upon land which is needed for public facilities or greenspace which are necessary to support development within the community. Policy B-1.1 The Land Development Regulations shall continue to include provisions for the dedication of rights-of-way for streets and easements for the installation of water, sewer, and drainage facilities. Objective B-2 Facilities and services which are provided by, or through, the City of Delray Beach shall be provided to new development concurrent with issuance of a Certificate of Occupancy pursuant to the following policies. Policy B-2.1 Services and facilities shall be provided pursuant to the levels of service as established elsewhere in this Plan, concurrent with occupancy. For water facilities, concurrency shall mean that direct connection to a functioning municipal system is made. For sewer facilities, concurrency shall mean that direct connection to a functioning municipal system is made; or, where such facilities are not reasonably accessible (as defined in the Land Development Regulations), connection to a septic system that meets the requirements of the County Health Department. For public schoolsl concurrency shall be defined as the improvement is in place or construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County ~ Five Year Capital Improvement Schedule, as reflected in Table SD-CIP of the Capital Facilities Element. For streets, drainage, and other facilities concurrency shall be determined by the following: ^ the improvement is in place prior to issuance of the occupancy permit; ^ the improvement is bonded, as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; 7 Future Land Use Element ^ the improvement is a part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Policy B-2.2 As a part of the City's concurrency Management System, prior to issuance of any certificate of occupancy, the Chief Building Official or a designee shall certify that concurrency is achieved. Policy B-2.3 Prior to recommending approval of any land use application which comes before it, the Local Planning Agency, or appropriate approving body, must make a finding of consistency with this objective and its supporting policies. If such a finding cannot be made, either conditions shall be made which provide for concurrency or the land use request shall be denied. Policy B-2.4 All drainage plans shall be reviewed pursuant to the policies of the Lake Worth Drainage District and/or the South Florida Water Management District, as applicable. This shall be accomplished by referral of development applications to these agencies. No building permit aE+i~j~~Le^°~ Dlonninn 4non~~nr onnrnnrio+v shall be fir,G issued unless and until an approval of drainage plans has been granted by the appropriate review agency. Policy B-2.5 All site plans and plats which have direct access to State roads shall be referred to Florida Department of Transportation (FDOT). Permits from FDOT shall be obtained prior to approval of final plat or building permit, whichever is applicable. Policy B-2.6 All site plans and plats which have direct access to County roads shall be referred to Palm Beach County. Permits from Palm Beach County shall be obtained prior to approval of final plat or building permit, whichever is applicable. Objective B-3 The City of Delray Beach may provide facilities and limited services for that area within its planning boundaries which is not yet annexed. The City shall annex such properties in o +imoh, monnor as they become eligible. Policy B-3.1 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same or similar conditions. In circumstances where it not feasible or appropriate to accomplish annexation, individual services (e.g. fire protection, code enforcement), may be provided to unincorporated parcels within the Planning Area, through an interlocal agreement. This paragraph shall not apply to water and sewer services, in areas which received these services from Palm Beach County, prior to annexation. Policy B-3.2 Water and sewer facilities may be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services. 8 Future Land Use Element Policy B-3.3 T~.~tly-Tra~~et~{~°~ Dca-~-amrv°Onh ('ni in+~i +n moL° ~o~? +~~ Ci i+i ir° ~nnr! I lo° nAnn /CI I InA\ in r~rr!°r fr~r +h~e h° noio+°nn~i h°+~ni°°n (~i+~i nnrl r-arar~ crr'ra-vac-rv'r cr-rvr-cr~r ~~~rr~rar~.~-rc~accaPc ('ni in+~i CI I Inn r!°cinno+~~ ~nii+hin +h° fl~-o~RQOOnh Dlonninn ~r°~--v ;~~SAnr~c~y r~,°~° +h°+ Within the Delray Beach Planning Area, the City's FLUM designation shall be in effect immediately upon annexation of a specific parcel. Following any annexation, the Future Land Use Map, and appropriate portions of the Comprehensive Plan, shall be amended to reflect the change in the City's boundaries. Policy B-3.4 For purposes of implementing Policy B-3.3, the Future Land Use Map designations as initially contained on the City's Future Land Use Map upon adoption in November, 1989, (and as formally amended subsequently) are hereby deemed to be the Future Land Use Map designations for the territory subject to provisions of the interlocal agreement. Policy B-3.5 The City shall, i~o',~, undertake the following program for the annexation of remaining eligible properties: ^ Preparation of an "urban services annexation report" as required by Florida Statutes, for each of the remaining designated annexation areas: A. Foxe Chase subdivision B d~~ i+h~nmo+ (~r~rn~~l in+r~n Ri,i it°~inrr! nnr! nAili+nni Tr~~ Delray Community Hospital Area C. Barwick Road (just north of Atlantic Avenue) D. Atlantic Avenue & Military Trail, (less the portion of Country Club Acres west of Military Trail and High Point of Delray West) E. The North Military Trail / Barwick Road Area Area, n~~' ^'~° '~'^ D^^~' F. High Point Delray Area (north of Atlantic Avenue) G. Country Club Acres (west of Military Trail) (See Map #11 for a geographical description of the above referenced areas). ^ Working in concert with the Palm Beach County Planning Department, address the annexation of improved property which lacks adequate sewer, water, street, and/or drainage facilities pursuant to the Palm Beach County Annexation Incentive Program; ^ Recommend whether annexation should be pursued, and if so, the means by which annexation should occur. ^ Accommodate individual voluntary annexations as the opportunities arise. 9 Future Land Use Element Policy B-3.6 The City of Delray Beach hereby supports legislation at the State level which allows for unilateral annexation by municipalities in designated urban areas. GOAL AREA "C" BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRAY BEACH. Objective C-1 Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Policy C-1.1 Residential areas shall be categorized in terms of their level of need and programs shall be identified to provide assistance. This policy shall be implemented through objectives and policies in the Housing Element, including a commitment to maintain and/or increase Community Development staff and funding levels to implement the programs. Policy C-1.2 The City shall work with the Community Redevelopment Agency (CRA) for the improvement of neighborhoods within the CRA boundaries. The City shall take the lead in the preparation of Strategic Task Team Neighborhood Action Plans n'~(as described in the Housing Element) `~nr! fr~r rorlo~iolr~r~mon4 r~l~no tE~C~e~~ n~aor! fnr in (lhion+nio (`_'7 of +hic Glomon~\ The unique powers of the CRA sh~~ may be used in the implementation of appropriate provisions of such plans. Policy C-1.3 The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include: ^ enhanced and continuous code enforcement, ^ regulations which require heavy industrial uses to provide perimeter landscaping of their sites, ^ owners of vacant property shall provide a landscaped appearance of their properties. Policy C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, NE 4tn Street to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated 10 Future Land Use Element structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. In FY 2008/09, the Planning & Zoning department shall evaluate the feasibility of establishing design guidelines for the corridor. Policy C-1.5 The following pertains to the redevelopment of the West Atlantic Avenue Dorlo~iolr~nmon4 Area: This area extends in a corridor along Atlantic Avenue eastward from I-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan. ~f~nr~4,hrt~~~n Dhnoo II nr~noio4o ref nn onr~nr~min rlcP nmon~~ ipa~ 4r~ ho acP°I^nc~ h~ip~ (`D4~~or! nn rho D~~olnr~mon~ Dlon onr! o morL~~"~~r17~~" ""~ nn"~"~' Q~olnnmon~~ n~i ~niill ho nr~mnl"~~"I~~ ~~onr~QJ7,~/Q~ Policy C-1.6 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping center. The Silver Terrace Redevelopment Plan was adopted by the City Commission on March 5, 1996. The plan establishes Future Land Use Map designations, zonings, and special development standards for the redevelopment area. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Policy C-1.7 The following pertains to redevelopment of the Southwest Neighborhood Dorlo~iolr~nmon4 Area: 11 Future Land Use Element This area is q~enerally defined as the area bounded by West Atlantic Avenue on the north, SW 10 Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Policy C-1.8 The following pertains to redevelopment of the Wallace Drive Industrial Area: This area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2004. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. Aggregation of parcels is encouraged throughout the area to accommodate unified development. Policy C-1.9 The following pertains to the vicinity of Lindell and Federal Highway: This area extends from the C-15 Canal northward between Federal and Dixie Highways. The area does not include the existing (Honda) automobile dealership but does include the mobile home park north of it. Half of the land is vacant, almost half is underutilized as a substandard trailer park, and a few lots have residences upon them. The Lindell/Federal Highway Redevelopment Plan was adopted by the City Commission on April 4, 2000. The plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the redevelopment plan. Aggregation of parcels is encouraged throughout the area to accommodate a unified development. Policy C-1.10 The following pertains to the area on both sides of S.W. 4th Avenue, north of Linton Boulevard. This area involves warehouses, heavy industrial use, sporadic residential uses, and vacant land. The vacant land was platted as a part of the Woods of Southridge 12 Future Land Use Element Subdivision. The Southridge/SW 4t" Avenue Redevelopment Plan was adopted by City Commission on June 15, 1999. Future development must be in accordance with the provisions of the Redevelopment Plan. Policy C-1.11 The following pertains to the area bounded by S.E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area): This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The Osceola Park Redevelopment Plan was adopted by the City Commission on December 6, 2004. The primary focus of this redevelopment plan is to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The Plan establishes proposed Future Land Use Map designations for the area. Future development must be in accordance with the provisions of the Redevelopment Plan. Policy C-1.12 The following pertains to the South Federal Highway area, south of Linton Boulevard. In FY 2008/09, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. Policy C-1.13 The following The following pertains to the Linton Bouilevard area, from I-95 east to Federal Higheway. In FY 2008/09, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. ~f~n~~noni~T~~pln nnyon fn nrlrl rooo~h~llr~~niinn nor~nrnnhin nre~J~~c ~ ninn Rr~n rr! h~i Oho onr! ref C V Q7/QS2 C hr~i ilr! Oho nnorl n4 h ~ ~ °I e ~omn~ai°~ + m ° h ~ a~r! v ~ h~ ~ c ca vrTCC rcv crvpnT if~~ v 1a mm~n~' a ~v vP8 ' T~ 8 ~° m I I ni T ~ ca-- c ~ m }} ca--c -- i~ ~ ~ cnr - p a- 1 1 i ~ ia rr- i v } ~ i n I i i n 4 i n n i o n~ moin~oino~ II ^ p7Ctl~ v n~ ^ , , ^ ~ ~e~~e~~CF~-Q~e~J ~ n i i~c '~ /1~POni io nnr~h of I in~n~n Rpno~° 13 Future Land Use Element 4Tn ~~°+~°n~Z~r! nnr! C C C.+~~ nn~r~°rn~~ C~niin+r~n 4~i°ni i° /(lcn°nlo Dort or°o\ n,lin~i f•`_7 7 Th~~~~i~~~r! ohn~i° chol~~ !!°~~~°r! nn +h° Ci i+i ir° ~~nrl~o~ ~~~~°Innm°n~~~~• If n nri~in+° Q~ nm ~j mnr!° ~nii+hin``^"ff'n'' r~~olnr~m"~"f"°n~~ ~ °o n~+~~n~h~~rlnn+inn of +h~~cacP nm°n+~~~~ fnlln~niinn nn+inno ohnll h° ni iroi i°r!• r~lon is nmm~l°+°r!• nr > > ~~~~°ro+inn of +h° i ic~~°ni i°c+ nn i+c n~n~mi'rCYlt~ ~nii+h +h° °vic+inn ~nninn onr! nr+lini°o ref +h° (~r~mnr°h°noi~i° Dlnn ni iirlinn +h° rlionr~oi+inn ref +h° r°ivi i°o+ Th° \A/~Il~n° Ilri~i° D~~°Inr~m°n~°.~ i~~ r! h.. C\A/ 'I n+h C+r°°+ nn +h° nr~r+h• I\A rrir~ C+r°°+ nn +h° cni i+h• C\/\/ Q+h 4~i°n~ ~~ + h~°~~~onn ~~°rr~~~ +, h c Ta ~ ~ ~ r T i~° c ~nii~ m~or! gUhli n •i n froc+n in+i ir° ~n~~I ~n~T~rl ~°n~n ~ °n+ Th c ~ ~ r ~ r T " `^ I" ~ ~ ~ ~ ~ ~ ~ Dlnn ~nino .~rl r, n+°r! h~i (~i+~i (~r~mmiooir~n nn Inns i~ni a ~nn~ Th° Dlnn °o+nhGoh°o i--ic~rr-aPa~~rv~c , ~vr. uric-rte c~ m in nnnr~rrlnnn° ~nii+h +h° nrr~~iioir~no r ~f~D~~°Inr~m°n+ Dlnn /\nnT~nn+vT "~~f"~ ~T~ rl°~i°Innm°n+ Thio nr°n },., ,.,,J,, frr~m ~ +h° (~ 'I C. (~nnnl nr~r+h~nin rr! h,.,~~"~,., ,, ~, C r! nl ,.,,.,,J I~1~v i° L~ eC ~-nr~zrrcc~ *CYI~J~rvm~ rn.~ Vt V VCCti--F -r ur-QYltl--bii~c~rc ~~~nnL iti~ nhil° hr~ m° nnrli nr~r+h ref i+ Llnlf ref +h° Inn~j ~innnn+ nlmr~o+ half io ~ ri i--4 ~nn~T° 8 - - " - nlon °c+ohlich~~°r! lonr! i ic° r!°~~ +~~ fn r + h ~ 1 i ~ t~ i r ~ r T nf +~T~~olnr~m°n+ nlo n 4nnr +inn of norn~~j • °r! +hrni inhni i+ +h° o D°r!°~i°Innm°n+ /\r°n +n nn ~ ~ nr~mmr~rln+° n i inifi°rl r!°~i°Innm°n+ > > ~innnn+ Innr! Th nnn+ Innr! ~nino n nnr+ ref +h° \A/r~ > r~rlo ref Crv i+hrirln° ~g ~i~ Ci ihrli~iicinn Th~ C~4~ 4~P°ni i° R°r!°~i°Innm°n+ Dlon ~ni ~ i+ oc orlon+°r! h~i (`i+~i d~ g 14 Future Land Use Element D~lin.i f`_7 L: Th~nolln~ni°r+~ +n~+h~~~°oa°r! h~i C.G. '~~~c~~~°ro Llinh~nin~i C C C.+o~h~C+re°+ nnr! C~niin+r~n /~~i°ni i° /(lon°r~ln Dnrli nr°~+\. i i~ni+Tj~~~o Ej~~p~yVp~~~i°Ir! nrr~+°n+inn '~rnic°a~i° ° ~ `~"'7 " (lon° r~ln Dnrli D~~°Innm°n+ Dlon ~nioc orlon + i + h° ~~i ('~inn n~h °~~ (1(1~Tc ~ ~ ` r~orLinn onr! c°niin°c for +h° ~ic+inn inrli is+riol onr! ~mm°rnio ~rrtmc~ar~~cr-v-rvca~v~crt~.. crr-rc~ rrn-rrcrvrc l or rr-ar ~~ onr! , rn-rcr r,r ~°r! Ci i+i ir° ~~nr! I Ic° nn~n o+~~ fn r +h ~~ ~~ nm°n + 4 r°o ~ ~i ~ ~ ~ ~ ~~°Innm°n+ mi io+ h° in nnnr~rrlnnn° ~eii+h +h° nrr~~iioir~no ref +h° D°r!°~i°Ir~n ~ r ~ m°n+ Dlnn Objective C-2 Economic development, with due regard for private property rights, historic preservation and character, is an essential component of the redevelopment and renewal efforts which are directed to the future of the City of Delray Beach. Specific efforts for the coordination and provision of economic development activities shall be centered in the City Administration's Development Services Management Group. Those efforts shall be governed by the following policies. Policy C-2.1 The City of Delray Beach hereby acknowledges the role of Culture and the Arts in Economic Development and pledges in pursuit of a theme of this Comprehensive Plan -- A Renaissance Community -- the promotion of the arts and accommodation of cultural activities for economic development ends. Policy C-2.2 Alleys located within the Old School Square Historic District on either side of Swinton Avenue shall remain and be made available for access to abutting properties. Accordingly, these alleys shall not be abandoned to private interests. 15 Future Land Use Element Policy C-2.3 The City's Coastal Area is one of its most valuable resources in terms of economic attraction, recreation, and natural beauty. While action is appropriate to capitalize upon the economic benefits of this resource, commercialization and promotion shall not occur to such an extent that they diminish this beach resource. Objective C-3 The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village ',;r~~semp by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan ^fQet " by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. °^~:,.., r_".~ policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ deletion of inappropriate uses ^ incentives for locating retail on the ground floor with office and residential use on upper floors ^ accommodating parking needs through innovative actions ^ incentives for dinner theaters, playhouses, and other family oriented activities ^ allowing and facilitating outdoor cafes ^ incentives for mixed use development and rehabilitations ^ elimination of side yard setback requirements ^ allow structural overhang encroachments into required yard areas °^'~^•• ~'-".' Policy C-3.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between I-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village '~'-° ^r•mmi .^.+., by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. 16 Future Land Use Element Policy C-3.3 The City shall be the lead agency in pursuing the construction and operation of tiered parking structures with mixed uses in the CBD. Dnlin" ('_/1 '~ o„~:,.., r_~.~ policy C-3.4 The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. Opportunities to promote the area as a Arts District shall be emphasized. `n~hti r~s +~~ ^~ ~, ~^^„r+ ^^^r, n., fr~r +h^ ~?ic+ +ho nrnnrom in honnminn finon~~_ci iff~arrivin°-r^ir Policy C-3.5 The City shall monitor development in the TCEA annually to assess the land use mix. Should monitoring show that the rate of development or land use mix vary significantly from projections, the City shall reanalyze the traffic impacts of the TCEA on the roadway network. The monitoring effort shall include a review of the implementing policies of the TCEA and adjustments to their schedules as necessary based on the actual rate of development. Policy C-3.6 The City shall continue to exempt land uses within the TCEA from traffic concurrency requirements. Policy C-3.7 Developments of Regional Impact (DRI), even when located within the TCEA, shall be subject to the requirements of Chapter 380, F.S. Policy C-3.8 The City will participate, along with the CRA, in funding the development of public/private parking lots in the Pineapple Grove Main Street area. Objective C-5 The relationship between coastal area population and measures for evacuation in the event of a hurricane shall be enhanced through the requirement that redevelopment of existing properties in the coastal zone shall be consistent with the Future Land Use Map as opposed to reconstruction to current intensities, except as provided in Coastal Management Policy C-3.5. GOAL AREA "D" THE PUBLIC SCHOOL SYSTEM WHICH SERVES DELRAY BEACH SHALL BE AN ASSET TO THE COMMUNITY THROUGH r`/1A/TQ/Q/ /T/AI/'` T/1 TL/C Q/~7A T//1AI /1C ~~r,-, v~-, ^ v~-, ANTICIPATING AND ACCOMMODATING THE NEEDS AND DESIRES OF EXISTING AND FUTURE RESIDENTS OF THIS CITY. Objective D-1 17 Future Land Use Element The City shall strive to maintain a school population that mirrors the diversity of our community. n,linv 1'1_7 7 In nrrl~e main+oin o roniolhi holonn~Ehn~~ nor+ of on n~i~ nrnnrnm +n nnhi~ nhi°n+i.i° +h~ti.~ ~ni ill ~ninrli ~nii+h +h° ~ n ~ +n~nrorrl o rl°oir°rl c+i ir!°n+ nnni ilo+inn +h o+ io nmm ~rio°rl of /1(10/ hlonL onrl L;(10/ n+h°r Dn,linv Il_~1.7 Policy D-1.1 T~~~~oll nn+ nor+inino+° in n°~ni hni ioinn nrni°n+o a~b~~~o-bi°^+,~;~~e~The City shall advocate for housing strategies that enable residents of different socio-economic background to live work and attend schools in our community Policy D-1.2 The City will continue monitoring the Advisory Boundary Committee (ABC) and participate and advocate as necessary in their discussions relating to boundary changes that may affect ;~° r!i„°roi+" onrl socio-economic balance within our schools. D~liw fl_~ A Th° (~i+v of innr~r+o nnrl ~niill h°In +n fnnili+n+° +hn r°Ir~nn+inn ref /~+Innfin LJinh ~hnnl +n o mnr° ~a ~°n+roll~i Inno+~~°o ~nii+hi ~ n nr orlio~°n+ +n +h° ~~i Thy ~ni~a °nh'+nn° +h.-. ~°rcr o~.oi+cl~u°n+ nr~ni iln+inn nnrl +h ° Cnhr~r~l Elio+rin+'o~o~j ^~r~ ~ n+i~Q ronin ~p~~ p~~ m" ~nii+hin +h° (~i+~i ~c _=gy Policy D-1.3 Th° ~~i onoi..lr°rl~~~~hnnl flit+rin+'o r!°cir° +n~~c Tp,j~~hr~rhr~r~r! onhr~r~ld~;~y~nlinn+inn ref `+'h`"°~`~'~n'p,j~~hr~rhr~r~r! onhr~r~lo" n~onh~l,lr m i`~n~~i~mnT~~~ ~ ~~~ucin~n n~fro~-o~`^fRQ'°`^f" ona°n+c ni i+"~n~f~ ~ fly o~RQ°onh onr! +n I°cc°~n +~h~c nin it~,m~°r ref onhr~r~l n++°nrl~~ +r~ ~nihinh o+i irl~~~~~~i~i°~~~~~ +ti~n .~.....,r,-,r,-,.,r!^+° i+o o+, „~°n+ nnn, ,I^+inn The City will strive to Support specialized academies and choice programs to improve the diversity that has been compromised by recent boundary changes with the creation of neighborhood schools. Objective D-2 The role of schools in their neighborhoods shall be enhanced so that the school facilities aid in achieving the goals and objectives of this Comprehensive Plan, particularly those identified in the Housing Element, which are directed toward the stabilization and revitalization of neighborhoods. Policy D-2.1 The City shall make improvements to sidewalks and pathways under its jurisdiction which, without such improvements, would require that the School Board transport students. New developments shall be required to comply with this policy by providing such pathways concurrent with the development. Policy D-2.2 The City will work with the School Board to maximize ~e the use of the Delray Full Service Center. as ° "iohl° ~^h^^' of+° onrl fi i+i ir° °vnonoinn or°o fnr +h° \/illnn^ /~nnrl°m~i 18 Future Land Use Element Policy D-2.3 'f n+~^n+i^ ui^" e^"^^~ i~T ^^+e~The City will work with the School Board to insure that a new middle school of the arts is constructed on the ~~ old Atlantic High School site (Seacrest Boulevard) ~~; i^" ,^,i" "° ^n ^°°°+ +^ enhancing the neighborhood in which it is located. Objective D-3 The City shall cooperate with the School Board to achieve placement of new schools inside of the County's urban services area, to upgrade and enhance existing facilities within the City, as provided for in The School District of Palm Beach County's 5-Year Plan and Capital Budget. Policy D-3.1 The City shall work with the School Board to provide appropriate infrastructure and physical plant improvements n~a°n+ +„ +"° orlr,r,+°~ r-^°~~ °n~ (lhi°^+i.i°o ref +"° (~i+~i°o Crli i^n+i^n Rr~nrrl nnrl (~i+~i (~r~mmiooir~n Policy D-3.2 The policies of this objective shall be coordinated through ongoing communications between the Office of the City Manager and the School District Superintendent. There shall be a mutual obligation to insure that all policies within this goal area are urgently pursued. Policy D-3.3 The City shall work with the School Board towards constructing and placing into operation, a new middle school of the arts ^~~ ~~~ "inh ~.^"^^~ in ^r obi°^°n+ +„ +"° ri+„ at the old Atlantic High School site (Seacrest Boulevard). Policy D-3.4 Public educational facilities of The School District of Palm Beach County shall be consistent with all land use categories except Conservation. Policy D-3.5 The location and construction of new public education facilities and the expansion of existing facilities shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses and development patterns. Policy D-3.6 The City shall encourage the School Board to select elementary and middle school locations that are within a reasonable walking distance from neighborhoods that have substantial numbers of children who will attend the school. The sites should be easily and safely accessible to pedestrians, bicycles, school busses, mass transit, and cars. Whenever possible, access to the site should be from a collector road (City collector or local road for elementary schools), as opposed to an arterial road. Policy D-3.7 The City shall seek to co-locate public facilities, such as parks, libraries, and community centers, with public educational facilities of The School District of Palm Beach County to the greatest extent possible. 19 Future Land Use Element Policy D-3.8 The City supports the Classroom Size Reduction (CSR) policy of the School district of Palm Beach County to enhance the learning environment of Delray Beach schools. Objective D-4 The City shall work toward the continued improvement of its schools and to promote a positive image of the local public education facilities. Policy D-4.1 The City will continue to lobby the School Board for an equitable amount of funding and resources for schools located within the City. Policy D-4.2 Through its Education Board, the City will work to publicize the improvements that have been made to local schools, and to ensure that the schools, students and teachers are recognized for their achievements. This will be achieved through the production of informational brochures and the conducting of special programs and activities to promote education and the local schools. Objective D-5. I,Tnr n~rQOr +~~ noQ°n~~°n~~-~Q^^,.h e,.hnnl~~. The City Supports the School Board's adepf~~'~,- °~nevem~~Re~F^r °"" n'°n. policies and programs that are intended to raise student achievement. Policy D-5.1 The City will continue its efforts to help improve student achievement, by working in concert with the School Board to provide programs and resources that are appropriate to the unique demographic profile of each school located within the City and help secure funding as necessary. Policy D-5.2 The City shall encourage and help to promote the School District to imnl^m^n+ innli irlinn n +inn~l C+i ir!^n+ Crli inn+inn /CCC\ ,~ pre-kindergarten programs_~E c~ep~~ oinnifinnn+ nr~ni iln+inn nn +h^ fr^^ nnrl r^rli in^rl L innh nrr~nrnm Policy D-5.3 ThTrtc-v~n~an~n^vrr~i~ Th^ \/illnn^ /\nnr! v onhr~r~l nnr! ~niill nr~n+ini i^ +r~ Ir~hh.. ~~~hnnl Rnorr! +n 2~Sl~rrc= ca nrn~ni+h +n hni ico nrorloc I~_~ ~. The City will continue to lend its support to Village Academy #~ie school by providing technical assistance and ~ nelninn +n cone iro fi inrlinn +n main+oin +ho "R~onnn CnhnnP' sese~+~partnering and funding of the Beacon Center program. Policy D-5.4 The City will determine the need and advocate for Beacon program expansions. Policy D-5.5 The Education Board will continue to support our schools by focusing on Literacy, parental Involvement, and Community Partnerships that will enhance academic success. 20 Transportation Element GOAL AREA "A" THE CITY'S TRANSPORTATION SYSTEM SHALL A000M- MODATE FUTURE GROWTH THROUGH IMPROVEMENTS TO ITS STREET SYSTEM, INCLUDING MULTI-MODAL, PEDESTRIAN, BICYCLE AND PUBLIC TRANSPORTATION, AND ALTERNATIVES THERETO DIRECTED TOWARD ENHANCING ACCESSIBILITY, FACILITATING TRAFFIC FLOW THROUGH REAL TIME TRAFFIC MONITORING AND TRAFFIC DEMAND MANAGEMENT INITIATIVES, AND DOING SO IN A CONVENIENT, SAFE, AND EFFICIENT MANNER Objective A-1 Alternatives to use of the automobile through the provision of a safe, convenient and energy efficient integrated multimodal transportation system shall be made available to Delray Beach residents and visitors through the following policies: Policy A-1.1 The City will monitor efforts to establish a high speed rail system in South Florida. If such a system is implemented, the City will work to obtain a route which is convenient to access but which minimizes impacts to residential areas. Policy A-1.2 The City endorses the Tri-Rail Commuter Rail System and the Amtrak passenger rail system, and further supports the continuation of station stops in Delray Beach. Policy A-1.3 The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Policy A-1.4 The City supports the eventual use of the F.E.C. rail corridor for commuter travel, and its potential to link the City's downtown with the downtowns of other eastern cities along the corridor. Policy A-1.5 New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install acity-approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in-lieu of providing the bus shelter on site. Policy A-1.6 Provisions for safe and convenient non-vehicular (e.g. pedestrian and bicycle) acess to mass transit, including Tri-rail and Palm Tran, shall be required for redevelopment projects within the MROC zoning district to support increased residential densities and mixed-use development. Policy A-1.7 The City shall work with the County to emphasize multimodal non- vehicular and public transportation alternatives to the automobile with redevelopment of the Congress Avenue corridor. 21 Transportation Element Objective A-2 The traffic circulation system, and improvements thereto, shall be coordinated with new development as depicted on the Future Land Use Map in order to retain the appropriate level of service or otherwise provide for adequate and safe access concurrent with such new development. Implementation of this objective shall be accomplished through the following policies. Policy A-2.1 Development proposals which add over 1 % to the existing volume of any streets within its radius of influence (as defined by the Palm Beach County Traffic Performance Standards), that are currently operating below the acceptable level of service shall not be approved unless contracts have been let for required street improvements. This does not apply to development within the TCEA, which is exempt from traffic concurrency, or Palm Beach County level of service exceptions awarded residential development east of I-95. Policy A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of-way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of-Way Identification Map. Policy A-2.3 Concurrent with the issuance of building permits, provisions shall be made for the installation of improvements which are necessary to maintain the adopted level of service. Policy A-2.4 concurrency shall be deemed as being met under any of the following conditions: a) The improvement is in place prior to issuance of an occupancy permit; b) The improvement is bonded for as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; c) The improvement is a part of governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Policy A-2.5 The City, through this policy statement, endorses and subscribes to the Palm Beach County "Traffic Impact Fee" program. Objective A-3 The City through its membership in the Metropolitan Planning Organization (M.P.O.~ and Treasure Coast Regional Planning Council ~T.C.R.P.C.~ shall continue to coordinate its traffic and transportation programs with these agencies consistent with the Florida Department of Transportation (FDOT~ and Palm Beach County adopted transportation work programs. 22 Transportation Element Policy A-3.1 The City will request appropriate modifications to MPO plans to implement the needs and recommendations identified in this Element. Policy A- 3.2 The City and the CRA shall work with the M.P.O. to encourage the Florida Department of Transportation to reduce the ultimate right-of-way for North Federal Highway, north of George Bush Boulevard, from 120' to 102'. Objective A-4 Ultimate rights-of-way shall be provided per the schedule contained in Table T-1. Setback requirements for new construction along streets shown in Table T-1 shall be measured from the ultimate property line, thus, providing protection of these rights-of- way from building encroachment. Objective A-5 Special attention shall be paid to high pedestrian, bicycling and motor vehicle crash ass+~le~t areas, and specific alterations ~^+~ shall be undertaken to reduce their occurrence. Policy A-5.1 The City Engineer shall annually determine the most significant accident areas and shall identify methods to mitigate accidents at these locations. Those methods shall be given extra weight in the establishment of priorities among street capital improvement projects and/or referred to the responsible jurisdiction for initiation. Policy A-5.2 Additional development in proximity of high accident areas shall include in the required traffic report the specific topic of the accident area. Such development shall not be approved without a finding that the additional traffic generated by, or directed toward, the new development will not necessarily exacerbate the situation which has led to the high accident designation. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Policy A-5.3 The City shall guard against the over-commercialization of intersections by restricting land uses which are high traffic generators to no more than two adjoining intersection corners. Objective A-6 The City's Land Development Regulations shall continue to provide standards which insure that new development and redevelopment mitigate adverse situations ands provide for functionally safe traffic movements. 23 Transportation Element Policy A-6.1 The Land Development Regulations shall maintain consistent standards for, but not limited to, the following: ^ Location and design of driveway access and on-site circulation; ^ Width and location of curb cuts; ^ Width and location of median openings; ^ Radii of curves and criteria for locations where driveways or private streets may intersect on curves; ^ Width and conditions of shoulders; ^ Street lighting standards, particularly at intersections; ^ Traffic impact analysis; ^ Cross-access standards Policy A-6.2 The approval of a modification to an existing site development plan and/or conditional use shall be conditioned upon the upgrading of its points of access to meet adopted standards. Policy A-6.3 Abandonment of right-of-way shall not be granted unless it is conclusively demonstrated that there is not, nor will there be, a need for the use of the right-of-way for any public purpose. Objective A-7 The greatest potential for negative impact to the City's character from the street system deals with the accommodation of east-west traffic flow. In order not to have such an adverse effect occur and yet to provide for efficient traffic flow, the following policies and programs shall be pursued. Policy A-7.1 The City opposes widening or other enhancements of SR A-1-A which would accommodate greater traffic flow since such improvements would encourage the use of A-1-A for inter-area traffic movements and will therefore increase the use of east- west trafficways to access A-1-A. Policy A-7.2 The existing east-west travelway of Lowson Boulevard shall retain its present function of primarily accommodating local traffic (2 lanes); thus, this road shall not extend west of Congress Avenue in the same capacity as it exists east of it (4 lanes). Further, it is not to become an arterial for inter-area traffic nor become burdened with obstacles to the free flow of traffic; thus keeping it available as a viable travelway for the knowledgeable Delray Beach resident. 24 Transportation Element Policy A-7.3 The City maintains a policy of supporting only two through travel lanes on Swinton Avenue, between the north City limits and S.W. 10th Street (excluding the segment between S.E. 1st Street and N.E. 1st Street), and that the ultimate right-of-way is sixty feet (60'). Policy A-7.4 The City shall continue its opposition, as expressed in Resolution No. 86- 95, to increases in minimum bridge clearances across the Intracoastal Waterway. The current guidelines call fora 21 foot vertical clearance and 125 foot horizontal clearance. These guidelines will have an adverse impact on residents and business in the vicinity of bridges. Objective A-8 In FY 2008/09, a program shall be developed to support the City character by encouraging street trees for green linkages. GOAL AREA "B" Objective B-1 THE MAINTENANCE AND ENHANCEMENT OF THE CITY'S EXISTING QUALITY OF LIFE SHALL BE COMPLIMENTED BY A CONVENIENT, SAFE AND EFFICIENT STREET SYSTEM WHICH MAINTAINS A_N OPTIMAL LEVEL OF SERVICE. THE SYSTEM SHALL KEEP THE LOCAL TRAFFICWAYS OF DELRAY BEACH n r n °c~ n rnic~ v UNCONGESTED-~€V€6; THUS RETAINING ONE OF THE UNIQUE ATTRIBUTES OF THE DELRAY BEACH QUALITY OF LIFE AND PROVIDING A_N ^O~o-ENVIRONMENT WHICH lS SAFE FOR THE DIVERSITY OF ~BR~WN6 TRAVEL HABITS WHICH ARE EXHIBITED BY DELRAY BEACH RESIDENTS. The Level of Service (LOS) for the Delray Beach street system is hereby established as "C" for all conditions except for: ^ Streets under State jurisdiction which shall be allowed to function at LOS "D" under any condition pursuant to Exhibit 2, and ^ Streets under County jurisdiction which shall be allowed to function at LOS "D" under any conditions pursuant to the Palm Beach County Traffic Performance Standards, Ordinance 90-40 (Exhibits 1 and 2), and ^ Streets identified as City Collectors or City Arterials on the Functional Classifications Map (Exhibit 5) shall be allowed to function at LOS "D" under any condition pursuant to Exhibits 1 and 2. ^ Streets within the TCEA, which are excepted from traffic concurrency requirements. 25 Transportation Element Objective B-2 Travelways which are primarily used by residents (local streets) shall receive special attention in order to assure that they remain accessible to residents and provide for easy traffic flow. This objective shall be implemented through the following tasks. Policy B-2.1 The City Engineer shall determine intersections which have congestion on an as needed basis. An inventory shall be maintained sew ~' '^^~ ~°"~~ and necessary improvements funded through the street improvement capital budget of the Environmental Services Department. Items to be addressed and corrected may include the following: ^ Where restrictions to efficient traffic flow exist they shall be removed. ^ Where appropriate, turn lanes should be provided in lieu of traffic lights or four-way stops in order to accommodate turning movements without hindering through traffic. ^ Where traffic signals exist, turn arrows will be installed when warranted. ^ Where signals do not exist and equivalent traffic volumes enter an intersection, four- way stops and traffic calming r!°ac-civ^c°~ measures should be considered. Policy B-2.2 In order to reduce confusion in locating properties, during the review of development proposals the Fire Marshal shall review proposed street names, and shall provide recommendations for changes which eliminate duplication and confusion. Duplicative names such as Holt Court, Holt Place, Holt Avenue shall be prohibited. Policy B-2.3 The manner in which structures are identified, including street address numbers, shall be specifically reviewed at the time of issuance of building permits in order to facilitate building identification by the passing motorist. Objective B-3 The accommodation of traffic, accomplished through street widening, ~"^~~ ^^+ ~o+r^^+ fr~ will use public property while maintaining the aesthetics of the community and shall be accomplished through an integrated multi-modal transportation system, areal-time traffic monitoring system and traffic demand management initiatives. Policy B-3.1 The City shall continue its public street beautification program, for median and perimeter landscaping. Policy B-3.2 The City shall continue to budget sufficient funds to maintain streetscapes under its jurisdiction for community aesthetics. Objective B-4 Provide scar-free zone 26 Transportation Element GOALS AREA "C" A CONVENIENT, SAFE AND EFFICIENT TRANSPORTATION NETWORK WHICH EMPHASIZES b€NERAL SAFETY AND WHICH MEETS THE NEEDS OF RESIDENTS, BOTH YEAR- ROUND AND SEASONAL, SHALL BE CREATED. ITS FOCUS SHALL BE UPON AVOIDING CONGESTION AND ACCOMMODATING cunoT TO/OC ci i~u n c connn nn-c~c ~c~nuQncunnn rn cunnn~~-n n~-n c~c-n~c~ ALL FORMS OF TRAVEL THROUGHOUT THE CITY. Objective C-1 New development and redevelopment shall be directed to meeting the above goal through the following policies. These policies shall be assessed against projects during review by the approving body. Le^~~l-P~°nn~,~- °~er~s~. The Land Development Regulations shall continue to require the making of findings consistent with this objective as a prerequisite to project approval. Policy C-1.1 Efforts shall be made to limit excessive through-traffic and nonresidential traffic on local roads within residential neighborhoods. Where a problem with such traffic is specifically identified, it should be addressed through the utilization of traffic calming measures, such as roundabouts, medians, and speed humps. Policy C-1.2 Alternative traffic pathways along City collectors shall be enhanced so that residents have an opportunity to reach a destination without competing with traffic on arterial roadways. Objective C-2 Existing situations and conditions which impose obstacles to accommodating this Goal of providing safer bicycle, pedestrian, automobile and public transportation shall be rectified.~"r~rvagn +h^ f^II^~niin^ n^~i^i^~. ^n,~ nr^.,r^m~. Those obstacles, which can not be rectified, will be addressed in policies regarding development. Policy C-2.1 An enhanced program of street marking and traffic controls shall be maintained in the Streets Division budget. This program will, as its first priority, be directed toward areas where visitors most frequently encounter problems. Policy C-2.2 Power poles and other obstructions shall be removed from travelways as a part of street reconstruction projects. An inventory of such obstructions shall be maintained by the Engineering Division~eg+~+gg-in~,~. Policy C-2.3 The City's Street Maintenance Program shall have a specific component which involves the filling of potholes, leveling of pavement at railroad crossings, and leveling of pavement at manholes. These items shall be used in determining the priority of street resurfacing projects which are undertaken on annual basis. 27 Transportation Element GOAL AREA "D" ALTERNATIVE (TO THE AUTOMOBILE) TRANSPORTATION OPTIONS SHALL BE CREATED AND ENHANCED, ENCOURAGING SAFETY AND UTILIZATION. cenc~/nl I v C/10 OC!'O~~TI/lA/A/ AAlll / G/CI~O~IOO~C~ Objective D-1 Separation of different forms of transportation shall be created This includes sidewalks for pedestrians, bicycle lanes for bicyclists, and safe roadways for vehicles. Providing for such separation shall be a mandatory criteria of development review. nn~ °hnll nrlrlr°oo +h° fnlln~niinn• Policy D-1.1 All new development and redevelopment shall provide for the installation of sidewalks or otherwise accommodate pedestrian traffic so that a pedestrian does not have to use vehicular travelways to access common areas or neighboring properties. Policy D-1.2 The provision of a pedestrian system apart from the street as well as within rights-of-way shall be explored with the review of each development. Specific focus shall be given to access to waterways, to parks, between residential developments, and along access routes to schools including such systems through developments. Policy D-1.3 ~e Beginning in FY 2010/11, the City Engineer shall annually review pedestrian accidents to establish common patterns and/or locations. The annual listing of pedestrian accident locations shall be part of the annual report as set forth in the Procedures for Monitoring and Evaluation of the Plan. If applicable, remedial improvements and/or actions should be programmed. Objective D-2 Facilities which accommodate the needs of the handicapped, pedestrians and bicyclists +h° ~ ~~° of hin~inl°c oc on of+°rno+i~i° m°onc of n°rcnnol +roncnnr+o+inn shall be assessed and required during development review, complying with state and national standards. Policy D-2.1 Bicycle traffic shall be accommodated in the design and construction of Collector and Arterial roadways. These improvements are to emphasize safes bicycle movements ~°tc-°~. -~r~ fr~r~+ r~i i+oir!° +rn~i°I Inn°o\ rn+h°r +hnn nrr~~iirlinn op~nrn+° hin~inl° ~,nilivmsic°a ~g,~,--I~r~. The City, by adoption of this policy, reque"s~t's that such improvements be included on all projects undertaken per Florida Department of Transportation or the County five-year road program, as well as the City's Capital Improvement Program. Policy D-2.2 Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA. 28 Transportation Element Policy D-2.3 ~e Beginning in FY 2010/11, the City Engineer shall annually review bicycle accidents to establish common patterns and/or locations. If applicable, remedial improvements should be programmed. Objective D-3 A Transportation Concurrency Exception Area (TCEA) is hereby established for the purpose of downtown revitalization. Within the TCEA, there shall be no traffic concurrency requirements. Transportation and mobility needs within the TCEA shall be met through the implementation of the following policies: Policy D-3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 96/~~ 09/10. Policy D-3.2 An analysis shall be made by FY 996 09/10, based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association (TMA). Until such time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. Policy D-3.3 The City shall coordinate with Palm Tran and the MPO [through the Congestion Management System (CMS)] to increase the number of buses on the Palm Tran routes to reduce headways to 20 minutes in the peak hours, and 45 minutes in the off-peak hours by 2015. Policy D-3.4 The City and CRA shall, on a continuing basis, assess the need to install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike racks, bike lockers and other bicycle parking facilities. Policy D-3.5 The City and the CRA shall °c+~hr~h ~ n~~n f„r ~n continue to monitor the feasibility of the existing in-town shuttle system servin h„ +h° „°~r ~nnti +., ~°r"° +h° rln~n,n+~~n,n Tri-Rail, aid to the beach with headways of 20-30 minutes. Policy D-3.6 Implementation of the in-town shuttle system described in Policy D-3.65 shall be coordinated with the MPO through the Congestion Management System (CMS) by the year 2010. 29 Transportation Element Dn,lii.~i 1'1_'2 ~ Tho ~t~~;nl~~~r~rrlinn+o ~nii+h +hn nAD(1 +hrr~i inrc l~nnnoo+i~ ~io~r ~n~ n +„ rolio~io nr~n.YOO+inn Policy D-3.7 The City shall eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 9~/9S 09/10. Policy D-3.8 Intermodal linkages shall be provided between different types of transportation. These could include sidewalks from parking areas to Atlantic Avenue, shuttle and bus stops, and a shuttle from bus stops to shopping areas or parking. Dn,linv 1'1_4 77 Tn fonili+o+v onr! onnni irono +h~~ rorlo~i nmon+ nn AI+ C+ro~ ~-civmcac~cmcr ~ccrcP cri-c-vrr~T r-v'crc h~i~~o~~L +i~C+~e~ frnm nno_~nro~i honL +n +~nin ~nio~i +roffin Policy D-3.9 Q., manna +ho The City and CRA shall °n implement a plan for enhancement of the US-1 corridor (NE/SE 5th Avenue and NE/SE 6th Avenue) between NE 4## 8t" Street and SE 4## 10t" Street through beautification and the provision of improved safety, parking and pedestrian circulation. Improvements supported by the traffic circulation test conducted in 2008 shall be constructed in phases between FY 2009/10 and FY 2014/15. 30 Housing Element GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING FOR ALL INCOME LEVELS AND TO ~B-Y PRESERVE~IAEG EXISTING STABLE NEIGHBORHOODS, STABILIZE~N6 AND ENHANCEING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTOREIN6 AND REHABILITATE~N6 NEIGHBORHOODS THAT HAVE DECLINED. Objective A-1 The City shall keep updated and continue to improve its program of information exchange with its neighborhoods. The purpose of this program is to provide ~ stronger mechanisms of information through which these areas are kept aware of the overall condition of the City, potential threats to the stability of the neighborhoods, and ana} the information and assistance w~f~ that is available to residents The program is to be implemented through the following policies. Policy A-1.1 The Community Improvement Department shall maintain a staff position or positions whose main emphasis is on the organization and continuation of neighborhood associations. The main purpose of forming these associations is to organize residents to work with the City to improve their neighborhoods. The Community Improvement Department shall maintain, and regularly update, a map of the boundaries of each association and the names of the official representatives. Policy A-1.2 The City shall continue to publish, at least monthly, a newsletter that is intended to provide information on services, events, and activities that are of interest to the City's residents. This newsletter will be mailed to the representatives of all neighborhood and homeowner associations. Policy A-1.3 The City shall provide "courtesy notices" to the representatives of the various homeowner and neighborhood associations, of upcoming advisory board meetings which involve land use and development activities which may potentially impact their neighborhoods. Each association should identify the area or areas of the City which are of particular concern to them. Policy A-1.4 At least once a year, the City Commission and the Planning and Zoning Board shall conduct a Town Hall Meeting, the purpose of which is to provide a report to its citizens of progress made in achieving the goals and objectives of the Comprehensive Plan, and to allow citizens to have input regarding infrastructure needs and other problems that they wish the City to address. Policy A-1.5 Each City resident shall have access to the Neighborhood Resource Center which provides services to enhance neighborhoods and enrich quality of life through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. The NRC shall provide technical assistance to residential neighborhood associations and work to promote a sense of community throughout the City. 31 Housing Element Objective A-2 The Planning and Zoning Department shall maintain a Residential Neighborhood Categorization Map as an integral part of this Housing Element. The main objective of the categorization is to identify the level of need in each neighborhood to be updated every year, which in turn will determine the important strategies to be taken in meeting that need. The mao shall be widely distributed. Policy A-2.1 Each residential area shall be categorized in terms of the descriptions provided in this Housing Element, and shall be identified as such on the Residential Neighborhood Categorization Map. Policy A-2.2 The Planning and Zoning Department shall update the Residential Categorization Map, with the assistance of the Community Improvement Department and a citizen task team, at least once °~~°~~ a yeare. Objective A-3 For those areas identified as "stable residential" on the Residential Neighborhood Categorization Map, the City shall implement the following policies to ensure that they remain "stable residential" and do not decline. Policy A-3.1 Each area of the City that is identified as "stable residential" shall be included within a neighborhood association which has an official representation. The purpose and implementation of this policy is as provided in Objective A-1 and its related policies. Policy A-3.2 The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. Objective A-4 For those areas identified as "needin Categorization Map", the City shall environmental impact, police activity, move the neighborhood toward a displacement of existing residents. g "stabilization" on the Residential Neighborhood take measures to prevent further decline i.e traffic, building height and density), and to help classification of "stable" residential," without Policy A-4.1 The City shall initiate efforts to create a neighborhood association (if one does not exist). The purpose and implementation of this policy is as provided in Objective A-1 and its related policies. 32 Housing Element Policy A-4.2 The Community Improvement Department, through its Neighborhood Planner Drnnrom cn°niorc+ (or equivalent) position, shall maintain regular personal contact with the representatives of the associations through attendance (on at least a quarterly basis) at association meetings and by acting as a liaison with the City to resolve matters of concern to the neighborhood. Policy A-4.3 These areas shall have some priority in terms of targeting of code enforcement activities. That priority could take the form of task teams directed at solving specific problems, assignment of additional staff for specified periods, or any other measure that increases the level of activity to produce results. Policy A-4.4 The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. Objective A-5 For those areas identified as "needing "revitalization" the City shall take measures to prevent further decline, (i.e environmental impact, police activity, traffic, building height and density), and to help move the neighborhood toward a classification of <<c+~hili~~+ir~n00 ..r "stable" residential." without disolacement of existina residents. Policy A-5.1 The City shall initiate efforts to create a neighborhood association (if one does not exist). The purpose and implementation of this policy is as provided in Objective A-1 and its related policies. Policy A-5.2 The Community Improvement Department, through its Neighborhood Planner Drnnrom cn°niorc+ (or equivalent) position, shall maintain regular personal contact with the representatives of the associations through attendance (on at least a quarterly basis) at association meetings and by acting as a liaison with the City to resolve matters of concern to the neighborhood. Policy A-5.3 These areas shall have some priority in terms of targeting of code enforcement and law enforcement activities. That priority could take the form of task teams directed at solving specific problems, assignment of additional staff for specified periods, or any other measure that increases the level of activity to produce results. Policy A-5.4 These areas shall have some priority in terms of scheduling of capital improvements (infrastructure) which will assist in arresting visible signs of deterioration. Policy A-5.5 These areas shall be provided assistance through the ~°~~°I„nm°n+ creation of a ~~n°inhhnrhnnr! '~'~°"'" Strategic Task Team Neighborhood Action Plan, which is a comprehensive evaluation of the physical and social characteristics of the neighborhood which have an effect on the quality of life of its residents. fir°^+°~ +n,n,orr! 33 Housing Element n~o+rcer~~ o+omon+ of in~nnrnnrio+v i icoc ~n~~-~ +i~~nf Arlo onfnrnomon+ crrrcr-r~vi--irT a~ca vr- cr~crn-vrccrrrcr-rc ~egra+~ The plans shall be prepared by the nlnnninn nnr! ~n~no~~T n+cr,r ~wTCrhr ~?ic+onno frnm +ho Community Improvement Department~d-with `'i'fn'put from the Community Redevelopment Agency if located within the CRA district. n+ lo~~+ nno #e~le~~ B /\ Ilon/Cno+"io~n,/I olio /\"oni ioo /+n ho nrlrlroooorl in +ho AI Corlornl Dlnn\ (lonor~ln Dnrli flolrn" Chr~roo Objective A-6 For those areas identified as "needing "rehabilitation" on the Residential Neighborhood Categorization Map, the City, +hrni inh i+c (`nmmi ini+„ Imnrn"omon+ Honor+mon+ shall provide nr~nnon+rn+o.~ comprehensive programs of code enforcement, public investment in infrastructure, including pocket parks, public assistance to residents and in the rehabilitation of structures, public action in the provision of replacement housing, opportunities for new private development, wherein development impacts must be addressed, and special social programsl all directed toward the stabilization and revitalization of those designated areas, without displacement of existing residents. This objective shall be accomplished through the following policies. Policy A-6.1 These areas shall have first priority for housing programs identified under Housing Element Objective A-~ 7. Policy A-6.2 The City shall initiate efforts to create a neighborhood association (if one does not exist). The purpose and implementation of this policy is as provided in Objective A-1 and its related policies. Policy A-6.3 The Community Improvement Department, through its Neighborhood Planner Drr~nrnm enoni~rc~+ (or equivalent) position, shall maintain regular personal contact with the representatives of the associations through attendance (on at least a quarterly basis) at association meetings and by acting as a liaison with the City to resolve matters of concern to the neighborhood. 34 Housing Element Policy A-6.4 These areas shall have the highest priority in terms of targeting of code enforcement and law enforcement activities. That priority could take the form of task teams directed at solving specific problems, assignment of additional staff for specified periods, or any other measure that increases the level of activity to produce results. Policy A-6.5 These areas shall have some priority in terms of scheduling of capital improvements (infrastructure) which will assist in arresting visible signs of deterioration. << rorlo~iolr~nmon+ ref +ho nron D~liw A_7 ~ Cnnh ref +hooo nr~~ nll ho nrr~~i irl~io+n nn o + hTr ; +h~n rp~nrT . i ^f ~ "R ~~olnr~mon+ Dlon" +h~+ ~niill fnniic nn ~ ~ r ~ ~ +ho ~~j~on+ of onnrnnrio+o "Ifo'rrl~c ~ rt ' y " " ~ninn ~ooinnn+inno n nlnn fr~r +ho nrr~~iio i~n ref i n fr n o+n in+i iro nnrl n nrr~nrnm +n ` > > ~niill +nlio io rloonrihor! in (lhion+i.io (~ '~ ref +ho Ci i+ i iro I nn~c~~~°n~o nlnno nro +n nAnn nrir~r +n omhnrliinn i inr~n nnv ononifin rorlo~i olr~nmon+ nn+i~ii+~i 1 (lcnonlo Dort /or~~°+~on C G '~ r! onr! C G F+h C+ro~ frnm Corlorol ~~c cri--v-~z~ vsrrvrrc ,~rvrrrrccrcruT Llinh~nro~i +n C~niin+nn /\~ioni io\ D~liw A_7 Z (lnno n Dorlo~iolr~nmon+ Dlnn io fr~rmnlhi nrlr~n+orl nll rlo~iolr~nmon+ ohnll ho ccrcv crvprrrcnr~-~arr-rri ca-~rrrcrcv crvpnTCrn~~urr~c in onnnrrlonno ~nii+h +ho orlon+or! nlon _ . Objective A-7 The City shall work to upgrade o'irr~ substandard housing conditions by providing programs to improve the structural and aesthetic conditions of its existing housing stock and neighborhoods and address the needs of displaced residents. Most programs will be targeted to those areas that are showing the greatest signs of deterioration (those identified as "needing Revitalization" or "needing Rehabilitation" on the Residential Neighborhood Categorization Map); others will be available citywide. 35 Housing Element °^'~^•• ^-Q.'' Policy A-7.1 Through its CDBG program, the City will continue to offer housing rehabilitation loans for the upgrading of substandard owner-occupied housing in designated target areas. °^'~^•• ^-Q.' Policy A-7.2 The City will participate in state and federal programs such as SHIP (State Housing Initiatives Partnership), HOME, and u,-,~°~3 to provide for the purchase and rehabilitation of existing housing and the construction of new housing. Policy A-7.3 The City will provide local funding ~~ ,-^+~c Q~ap Drnn-v~ram for the rehabilitation of the exterior of existing owner-occupied units, including improvements such as new landscaping, painting, and replacement of doors and windows. This program shall be available on a citywide basis. D^linv /~_Q A In CV Q7/QS2 #, h ~~`~•i ~~~omi n~ # hti n n c?ihili+•i of oc+ohlichin a . ~ ~ ~ r ~i^I~iinn Ir•~n nrr•n rim +n h of ih~ ~ ~ ~ ` ~ ~ T`~~~^hnhili+n+ir~n r•f r^n+n~~°rcrnc°~~~ > > Policy A-7.4 The City will continue to promote and fund programs such as Paint-Up Delray, Adopt-A-Street (litter control), Adopt-A-Tree (street tree plantings), and similar programs intended to improve the appearance of its neighborhoods. Objective A-8 Code enforcement will be restructured and focused in the Citv din order to eliminate hlinh+inn one unsafe structural conditions in its neighborhoods,-_ fThe City will ensure that housing units f~ that cannot be effectively rehabilitated will be demolished when absolutely necessary and that they are reolaced with structures comoatible with the neiahborhood °^'~^•• ^-°.'' Policy A-8.1 This objective will be implemented in accordance with the standards and criteria included in Article 7.8 of the Land Development Regulations, Unsafe Buildings and Structures. ^h'°^*~••° ^-''^ Objective A-9 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. °^'~^•• ^-''^.'' Policy A-9.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. 36 Housing Element °^'~^•• ^-''^.' Policy A-9.2 The City will promote the use of historic designations as a revitalization tool in its preparation of #e+g#ber~ee~ Strategic Task Team Neighborhood Action Plans for those areas which have a significant inventory of historic structures. n''~°^*~••° ^-'''' Objective A-10 Displacement of individuals from their current living situation is generally undesirable, however, at times it is necessary to displace individuals because of immediate dangers to health and safety or to accommodate redevelopment efforts. Displacement shall be accommodated in a sensitive manner and shall be guided by the following policies. °^~:,.., n_~~,~ policy A-10.1 All situations involving displacement, except those initiated by and fully accommodated by landlords, shall be brought to the attention of the Community Improvement Department. The Department shall make personal contact with the individuals being displaced and shall document whether or not public assistance is required or desired or appropriate. °^~:,.., n_~~,~ policy A-10.2 Displacement of owner-occupants or tenants shall be handled in accordance with the City's adopted relocation policy. ^h'°^*~••° ^-'" Objective A-11 To assist residents of the City in maintaining and enhancing their neighborhood on•iirnnmon+ the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. °^~:,.., n_~~.~ policy A-11.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. °^~:,.., n_~~.~ policy A-11.2 There shall be strict adherence to streetscape landscaping requirements. Street plantings shall be consistent and compatible within a neighborhood, thus reinforcing a neighborhood theme and character. °^~:,.., n_~~.z policy A-11.3 In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. 37 Housing Element °^'~^•• ^-'"." Policy A-11.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. ^h'°^*~••° ^-''~ Objective A-12 ~n nnni it h°noi ic° of •ror•iinn ni it+i irol nnrmc onr! ~n°n+o+innc Th~`~•i ~niill ~ninrL +n ~rrcr- pccrarrvrr~~~ r°rli in° nflin+o h°+~~-~~io+inn nnr! n°~n~~~~ p,~~°ni~~~ i~r n+°o~o rcauv~~rmtcr~~ ""f" o~, ,^°+inn no•n~,-~;~er~s °~+~an~',~ds. The City shall continue to imolement soecial outreach oroarams to helo all residents understand aoolicable codes and ordinances °^~:,.., n_~z.~ policy A-12.1 The City will continue to implement special outreach programs to help new residents understand applicable codes and ordinances regarding lawn maintenance, trash disposal, parking, etc. °^~:,.., n_~z.~ policy A-12.2 Wherever problems of illegal conversions of dwelling units and overcrowding exist, it shall be a priority of the Code Enforcement division to address and eliminate the problem. nh:°,.+:.,° n_~" Objective A-13 ThTrrc-vnp Recognizing ~~eg~es that the condition and operation of its schools has a direct bearing on the stability of its neighborhoods. n nr•r•rl., m^in+^in°,~ nh.,oinnl nlnn+ hn~? I~TOr! ~nii+hin +h° dTS+ri~~the City will continue its efforts to upgrade and improve schools located within its boundaries. °^'~^•• ^-''".'' Policy A-13.1 The future of the public schools located in r°h.,hili+.,+inn > > > Din° r_r^„° ~'°m°n+^n,` the City of Delray Beach is vital to the future of the associated neighborhoods. The City will continue to lobby the Palm Beach County School District to provide investment in physical improvements, staffing, and curriculum in order to have these facilities be assets to the neighborhoods. °^~:,.., n_~".~ policy A-13.2 Where appropriate, the City will work in partnership with the School District to facilitate the improvement of local schools. If the City determines that financial investment is required, such investment shall be accomplished through interlocal agreements with the school district. 38 Housing Element GOAL AREA "B" Objective B-1 TO ENSURE THAT AN ADEQUATE SUPPLY OF QUALITY NEW HOUSING IS AVAILABLE IN A RANGE OF TYPES AND COST LEVELS TO MEET THE NEEDS OF THE CITY'S FUTURE POPULATION °^nnnmi^ ohili+~i Th°r~~°r~i li++I° ~ro^on~°fcr~ °^iolhi lorn° +ro^+c~noirTn~~~ ~~ > > h°i ic~inn r!°~i°li,nm°n+ Thrr~i inh i+o hrv ioinn nrr~nrnmo~The City shall work to ensure that there continues to be an adequate supply of ualit housing to accommodate very low, low, and moderate income households, °° ~^~°" ^c rr,°n, .f°^+, .r°,~ nn~ m°hil° Policy B-1.1 The Community Improvement Department will continue to participate in partnerships~~~zh° D°nnioonn^° Drr~nrnm which coordinates the efforts of private and non-profit sectors to provide new single family housing throughout the City. Policy B-1.2 The City will acquire approximately five lots each year to be used for the provision of infill housing by programs such as Habitat for Humanity. Policy B-1.3 The City will utilize funds available from state and federal programs such as HOME and SHIP to create homeownership opportunities for very low, low, and moderate income households. These funds will be made available citywide in order to avoid a concentration of affordable housing in specific areas of the City. Policy B-1.4 Manufactured housing will continue to be permitted throughout the City, provided that it complies with building code requirements and is consistent with the aesthetic standards of the community. Policy B-1.5 The City shall, through its Housing Authority, pursue increases in its allotment of Section 8 vouchers/certificates to provide for affordable rental housing. However, the City will not participate financially ^r ^+h°nn,ic° in the construction of new affordable rental housing projects. Policy B-1.6 Due to the potential negative impact on the stability of its existing residential neighborhoods, the City does not support waivers of infrastructure requirements, provision of adequate parking and activity areas, or any reduction in the overall quality of new housing as a means of achieving affordability, particularly in areas of the community which are currently experiencing deterioration. Objective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) f~ 39 Housing Element ~h~ii nr~n+ini,° to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. i~°n+ifi°~ in +hic ~~°n-,°n+ Policies which will implement this objective include: Policy B-2.1 Vacant land areas west of I-95, shown on the Future Land Use Map as low density residential one ri iron r°cir!°n+iol shall be retained for single family detached housing or low density planned unit residential development. Policy B-2.2 The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Policy B-2.3 New housing developments shall include a range of housing types that offer variety in size, color, and style. Policy B-2.4 Foster care homes shall be permitted in all residential zoning districts. Community Residential Homes and other group home facilities that are licensed by the state shall be a permitted or conditional use in the City's residential zoning districts, based upon their size and level of intensity. ~~~°Inr~m°n+ of oinnln fnmihi hni io inn +hn+ io nffnrrlnhl° +n fnmili°o °ornZ~` (\(\0/ of +h`°'~~mf"°~Trlion innnm° is onnn ° r! Cnr ~ionon+ nrnn°r+i°c ho~iinn o ~ ~e1--terc et-tF•Fl~~n-rceE~d~~FI--F~° n+crrt~v c~ m n~ i i n n I i i r! ° f I~ i h i I i+~ i i n r! °~ i° I r~ n m° n+ > > n,linv R_7 L: I--Ini icinn in onr! n°or +h° rln~nin+n~n in or°o in nln c° nrnvimi+~i +n °mnln~im°n+ - ' ' cm prv y rrrcrrc rhrv~ icinn in onr! orni inr! +h° men+rol Ri icin°cc ` flic+rin+ +h~ ~cP nm°n~+ n~frrt°~~°~~n+gT hr+i ioinn nrr~i°n+o ni i+oir!° of +h° T( G/\ AI C ~~vr-mc-rvo--r-rrrL~ -linh~nio~i or°o /fnrmolhi R°r!°~i°Innm°n+ 4r°o -ff rl ~nin~ -rCt~Y-~i~vvuy L:\ is rlicnni iron i nr°n nnrl I inrl~/C°rl°rnl --arcc~ar~rcr~rr~rcr rrcc;cruT °r! Objective B-3 The Community Improvement Department and the Planning and Zoning Department will work to streamline and expedite the review and permitting process and minimize costs and delays for housing, especially affordable housing. These departments shall operate under the philosophy of private enterprise regarding efficiency and delivery of product. Policy B-3.1 The City will expedite the processing of building permits for homes being constructed through City-sponsored affordable housing programs. 40 Housing Element Policy B-3.2 The City shall continually monitor its development review practices to ensure that applications are being processed in a timely manner, and shall regularly implement new programs and technological improvements to expedite the review and approval process. Policy B-3.3 The City shall r°~ review its Land Development Regulations ~A-132 ^^^n~t for consistency with Chapter 419, FS, regarding the location of group homes and foster care facilities. Thooo ro.,ioinno This review will be completed in FY ~~ 08/09. n,linv R_4 A Th~~~i~Dlon ninn onr! ~ni ~p~wn~ ~niill ~ninrL ~nii~h +ho (' mmi ini~~i ~ ~~ermino if ~h~~ ~i~ino~TOni ilo~nni imn~~~n #„ h ~ ~cP nmo~~~ rooirlon4inl i ini4o in Oho ~~ni o~ ~ ~ n4rvnin nnr! ~niill nrr~nooo Oho ''mmonrlm~~ nonooonni fn 1"I~RTGTRTQTTITITCJ~ VP ~mino~o ~hnco horri~~~~ic 7T'C'QPPr•r- ~TT~GfflTl"I"IQTTT .~GCTJQI'~CO onohicic ~niill ho nnnrli in~or! in CV Q7/QS2 41 Public Facilities Element GOAL AREA "A" THE PURPOSES, PROGRAMMING, AND PROVISION OF WASTE DISPOSAL FACILITIES SHALL BE DIRECTED BY THE GOAL ~B€y46 OF PROVIDING A SAFE, FUNCTIONAL, ECOLOGICALLY SOUND, AESTICALLY PLEASING AND SUSTAINABLE ~B€~€AFT PHYSICAL ENVIRONMENTS ELIMINATING ANY WASTE INTO THE INTRACOASTAL WATERWAY AND OCEAN AND ENCOURAGING RECLAIMED WATER USAGE AS A WATER CONSERVATION MEASURE. Objective A-1 Specific programs to mitigate the adverse impacts of point sources of pollution, as identified in the following policies, shall be developed and implemented by the City's Environmental Services Department and the South Central Regional Wastewater Treatment Facility Board, as appropriate. Policy A-1.1 Existing septic tanks which are located in sewered areas throughout the City shall be removed from use as necessary pursuant to Florida Statutes. Septic systems deemed subject to flooding, or with chronic drainfield problems that may have an adverse impact on the environment shall be abandoned and connection made to the central sewer system. Policy A-1.2 Programming of improvements to the sewer system shall place a high priority upon the rehabilitation of portions of the original system which experience infiltration and leakage. Objective A-2 Programs to address the collection and disposal of solid waste, ^c i~°r,+ifi^,~ in +h° ro"^~n,in^ n^'ini°~ shall be developed and implemented with particular regard to environmentally sound procedures. Policy A-2.1 The City shall support the continued operation of the "transfer" station or suitable alternative for the collection of small amounts of hazardous substances from individuals, and public information efforts which educate the public on the identification and proper disposal of household hazardous waste. n,lin~i /~_7 7 ~non~ ~n lirlti r°n~inlin^ nrn^rom innli irlin^ a~en cfs ~ o v ?~~~°I of S27 (1(1(1 +nn c h~i F(10/ in '~~~ Policy A-2.3 A level of service for solid waste at a generation of 7.13 pounds per person per day is hereby established within the City of Delray Beach. 42 Public Facilities Element GOAL AREA "B" POTABLE WATER SHALL BE PLANNED FOR AND PROVIDED SO THAT lT lS AVAILABLE TO ACCOMMODATE DEMANDS BOTH IN TERMS OF QUANTITY AND QUALITY WHILE ALSO MAKING WISE USE OF THIS LIMITED RESOURCE AND THE LIMITED RESOURCE OF CAPITAL. Objective B-1 Even though the City has projected an adequate water supply, it shall provide for increasing draw-down and the potential of reduced capacity through salt water intrusion and/or extended drought conditions through optimum use of existing wells, development of new wells and development of alternative technologies and methods of providing water. This objective shall be met in the performance of the following: Policy B-1.1 The City, through the South Central Regional Wastewater Treatment Facility Board, shall continue to monitor the area of effluent reuse with the ultimate goal of reclaiming and reusing more effluent from the wastewater treatment plant for irngation, if onr! ~nihon ci inh o nrnnrom honnmoc ~onhninolhi onr! onnnnminolhi foocihlo Priorities for expansion should be on golf courses in the City, large home owner associations, and in the Coastal Planning Area. Policy B-1.2 The City shall continue to "+~e-obtain approval for utilization of the Aquifer Storage and Recovery (ASR) well to supplement water supply during conditions of drought or well field contamination and as a method of balancing the demand on water supply wells during periods of high and low demand. Objective B-2 To insure that potable water is available to meet consumption, a reduction in demand through year- round conservation and treatment plant enhancement shall be achieved. no nrlrlroooorl in Oho fnlln~niinn• Policy B-2.1 The City shall maintain its program of responsible consumption of water and shall strive to decrease the overall per capita consumption of water h„ ~ not frnm ~~~o°-ie~e~e#~96 g~s~ through continued implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). ^ Maintaining its water rate structure which establishes an inverted block rate structure to set higher consumption rates for increased water use in order to promote reductions in water consumption as well as establishment of conservation surcharges, based on South Florida Water Management District formulae, and keyed to various levels of drought alert. ^ Mandatory use of wells for irrigation purposes where conditions permit. ^ Continued enforcement of water use laws. 43 Public Facilities Element ^ The consideration of xeriscape landscaping alternatives for all new development during the review of site and development plans. ^ Continuation of the regular preventive maintenance program for water mains, pumps and meters. ^ Continuation of the wastewater effluent reuse program. Policy B-2.2 The City's water utility shall perform at the following levels of service: ^ Average design flow of the water system @ ~9a 240 gpcd. ^ Storage capacity for the water system @ 15% of maximum flow plus fire reserve at 1.5 mg, plus 25% of that total. (Based on X999 2008 figures, this amount is 6 mg). ^ Minimum pressure for the water system @ 20 psi. (Note: The above standards are currently met throughout the system). Policy B-2.3 It shall be an obligation of new development to provide water system improvements to accommodate demands created by it and to meet the City's minimum design standards concurrent with development. Objective B-3 The City shall provide for the protection of its potable water resources at all times, including, but not limited to, p ower outag es and other emergency situations. }hr imnlomon ~o~inn of +ho fnlln~niinn nnlinior Policy B-3.1 Protection of existing wellfields shall be accommodated through the continued implementation of monitoring for salt water intrusion, wastewater pretreatment programs and monitoring wells and through enhanced quality control programs which provide early detection of possible contamination. Policy B-3.2 The City shall maintain provisions in the program for raw water supply to require only minimal reliance upon wells which are subject to salt water intrusion. Objective B-4 The City shall provide for the enhancement of the quality of its water through implementation of the following: Policy B-4.1 Annual consumer confidence reports which describe the current condition of potable water, including at a minimum, water quality, consumption trends, and treatment methods, shall be distributed to residents. 44 Public Facilities Element Policy B-4.2 Whenever the opportunity occurs to uncover or examine an existing water main, an inspection shall be conducted relative to the presence of asbestos cement in the main. The results of each such inspection shall be logged and made a part of the Operation and Maintenance Plan. Policy B-4.3 The City shall assist in discouraging urban sprawl within areas of County jurisdiction by denying requests to make water service available outside its existing Planning Area to areas which could be developed at low density with City water facilities. Policy B-4.4 The City shall implement alternative treatment methods based on the results of the alternative treatment study in an effort to meet the EPA stage 2 disinfection by-product rule requirements. Objective B-5 The City shall ~e ensure that there is an adequate water supply to meet existing and projected potable water needs in emergency and nonemergency situations, with the recognition that development which increases density also increases the demand for water. Policy B-5.1 The City shall adopt a 10-Year Water Supply Facilities Work Plan based on the availability and appropriate use of regional water resources and the combined use of alternative water supplies. The Work Plan shall be consistent with the City's Water Use Permit renewals. Policy B-5.2 The City shall consider the most current version of South Florida Water Management District's Lower East Coast Water Supply Plan and Regional Water Plan in developing a 10-Year Water Supply Facilities Work Plan. Policy B-5.3 The City will use the Water Supply Facilities Work Plan to prioritize and coordinate improvements to the City's water supply system. Policy B-5.4 The City will maintain a current five-year schedule of capital improvements to the Water Supply System. GOAL AREA "C" SEWER COLLECTION SYSTEMS AND WATER DISTRIBUTION SYSTEMS SHALL BE PROVIDED TO UNSERVED AREAS, AND EXISTING SYSTEMS SHALL BE UPGRADED IN SUCH A MANNER AS TO PROVIDE FOR THE PROTECTION OF THE ENVIRONMENT THROUGH AN ACCELERATED IMPROVEMENT PROGRAM. 45 Public Facilities Element Objective C-1 The condition and inventory of the water and sewer systems shall be kept current through regular updates of the City atlas and surveillance programs. Policy C-1.1 The water distribution system atlas shall be maintained on an on-going basis and shall reflect current system inventory. Operational characteristics will be maintained utilizing the Hansen Data Base Program and shall be used in the planning of system extensions and upgrade requirements. Policy C-1.2 The wastewater collection and transmission system atlas shall be maintained on an on-going basis and shall reflect current system inventory. Operational characteristics will be monitored by radio telemetry and surveillance programs, and shall be used in the planning of system extensions upgrade requirements. Objective C-2 Upgrading of sewer and water facilities shall occur on an accelerated schedule. System upgrades shall be funded through annual appropriations in the Water and Sewer Renewal and Replacement Fund. Policy C-2.1 A study has been completed determining the total program cost of addressing remedial work needed, for wastewater lines and lift stations, to correct the problems with inflow and infiltration. The City shall allocate annual expenditures to complete the project over a 15 year time frame. Policy C-2.2 A study has been completed determining the total program cost of addressing remedial work needed to correct deficiencies in existing water lines. The City shall allocate annual expenditures to complete the project over a 15 year time frame. Objective C-3 a~ Installation of wastewater collection facilities shall be programmed and provided when the need is demonstrated. Policy C-3.1 New development shall be responsible for extending sewer service to and through the land to be developed. Said extensions shall meet the City's performance standards. Policy C-3.2 Upgrading of existing wastewater facilities shall be provided for through annual appropriations in the capital improvement program. 46 Public Facilities Element Objective C-4 ?°r„i^° °r°°. Installation of potable water distribution facilities shall be programmed and provided when the need is demonstrated. Policy C-4.1 Upgrading of existing potable water facilities shall be provided for through annual appropriations in the capital improvement program. Policy C-4.2 New development shall be responsible for extending water service to and through the land to be developed. Said extensions shall meet the City's performance standards. Objective C-5 Capital raised through the water and sewer enterprise funds shall be allocated as required by bond covenants. n II^^^4i^no c~h^II in^li i~° 4h^o° in 4h° f^II^~niin^ r~^li^i°o Policy C-5.1 Transfers from enterprise funds to the general fund are made only for the fund's proportionate share of administrative costs and an in-lieu of tax payment. Policy C-5.2 Annual allocations shall be provided for upgrading system components (i.e. manholes, hydrants, etc.) in the Water and Sewer Renewal and Replacement Fund. Policy C-5.3 Upgrading of existing systems to construction and level of service standards and extension of new facilities to unserviced, inhabited areas shall be financed through appropriations in the Water and Sewer New Capital Outlay Fund. Policy C-5.4 Priorities for projects shall also consider other improvement projects (e.g. street construction and drainage) in establishing priorities. Objective C-6 The City Commission in its role with the Board of the South Central Regional Waste Water Treatment Plant shall examine ways in which increased costs associated with capital expansion can be avoided with respect to property owners within the City. Policy C-6.1 The Level of Service of the waste water treatment plant is hereby established as 12 mgd, or 160 gpcd in addition to the specific requirements of Boynton Beach Policy C-6.2 ThTrtc-v'n~~ r^mmiooir~n oh^II r~rir~r 4r~ COmm~tments h~i 4h^ Cr~i i4h (~^n4r^I R nol ~ni°~+°~Qie~FG~m°r,+~ for capital expansion at the wastewater treatment plant, are based on a 50%/50% cost sharing by the City of Delray Beach and the City of Boynton Beach. r~ege+i°+~;e ^or+i^i^°+i.,r, fnrmi ilo fnr ci ~~r-ESC^p~R 47 Public Facilities Element hnoor! nn role+i~io nr~ni iln+inno nnrl i ionno n+ +ho +imo ref +ho ovnnnoir~n Costs related to operating the plant is based on the usage of Delray Beach and Boynton Beach respectively. D~liw ~_L.` Z Thrrv inh i+o m h in nn +ho i i ep~er~ +h (won+rnl D nnl \A/no+n~nin+ e~ ~r z rtrrvcrnrcn-~z ~vur > mnni+nr +ho imnon+c of +ho offL ion+ frnm +ho nnoon ni i+ > foll Policy C-6.3 Average and peak flow design capacity for the Regional Wastewater Treatment Plant shall be 21 mgd and 30 mgd respectively. Thus, capacity need shall be monitored by the South Central Wastewater Regional Treatment Plant Board. GOAL AREA "D" A COORDINATED AND COMPREHENSIVE PROGRAM FOR THE PROVISION OF ADEQUATE OFFICE FACILITIES FOR THE CONDUCT OF CITY BUSINESS SHALL BE CONTINUED. Objective D-1 Provisions are to be implemented to maintain and upgrade existing public facilities to a state of the art ro+nin +ho .~....on+.~hlo level of service #er and improve the appearance of the faClllty. ~nr! +n main+oin +ho "m~~ hill+~i" of +~ar~il~~unrl~~~~~ic nh oh.~ll ho mo+ +hrr~i inh +ho fnlln~niinn nnlinioc~ Policy D-1.1 The City shall continue its established program for the maintenance and repair of buildings and facilities, including such items as roof replacement and major structural repair, in a timely manner to maintain the viability of the facility. Policy D-1.2 The City shall continue its established program for the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. Policy D-1.3 All new construction projects shall be in accordance with Federal guidelines on accessibility. The City shall make modifications to existing facilities that are easily achievable without great expense, such that the facility will be in accordance with Federal guidelines on accessibility. GOAL AREA "E" PROPERTY DAMAGE AND INCONVENIENCE TO THE PUBLIC CREATED BY FLOODING AND POOR STREET CONDITIONS SHALL BE SUBSTANTIALLY REDUCED AND, WHERE POSSIBLE, ELIMINATED THROUGHOUT THE CITY. 48 Public Facilities Element Objective E-1 A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Policy E-1.1 Criteria for determining project priorities shall be as defined in the Stormwater Master Plan, and based upon correcting current, localized problems. Policy E-1.2 Minimum design standards for determining the scope of drainage projects shall be such as to establish a level of service at least equal to the standard of retaining the first one inch of runoff, or 2.5 inches of water storage times the percentage of impervious area, whichever is greater, to protect water quality. Policy E-1.3 Storm water drainage regulations which provide for the protection of natural drainage features and ensure that development utilizes storm water management systems which are compatible with this objective shall be retained. Policy E-1.4 The City shall maintain through regulations the minimum design storm return frequency for stormwater facilities capacity. Policy E-1.5 The City shall protect and enhance surface water quality through the full implementation of programs and activities included in the National Pollutant Discharge Elimination System (NPDES) permit. Policy E-1.6 The City shall develop and implement a stormwater mapping system and maintenance program for storm sewers and structures. Objective E-2 Drainage improvements and flood control measures shall be financed through the Stormwater Utility Fee. Funded projects shall be located throughout the City as opposed to being concentrated in a single quadrant. The fee shall be reassessed upon completion of the program. Objective E-3 The street system under the City's jurisdiction shall be maintained and enhanced to provide a uniform level of service throughout the City and provide a safe and convenient transportation network. Policy E-3.1 The program of resurfacing streets shall be maintained with at least the current funding level. 49 Public Facilities Element Dn,lii.~i C_~7 ni° (~i4 o} _c~L ;nll rlo~ioli, + r a 4 mno4 e~~ r~r n~4 n onnhlo 4h~ ~ ~~ ~-~,ti ~ i, r ~a~ T ~ ~~ ~ ~n~ acni~~~~ ° m a~c~ rl h~ r nlnn ~niill ho ~ Te~ ° ~(1'I /~ nnr! ~nii ll nrl rlrooo~T ti --r 7T ~ ~ . ~ > > > > nmm~lo~or! in 1 QQQ onr! ~n > iill ho i icor! fn oc~ohlich cirlo~ niolL ~ninrL n rnnromc Policy E-3.3 The City shall program installation of sidewalks on an annual basis, with the goal of completing a safe and convenient sidewalk system throughout the City by the year 2-99a 2010. Objective E-4 The City will encourage the directing of stormwater into landscaped areas for use in irrigation throughout the city limits. GOAL AREA "F" THE NEED FOR ENHANCEMENT OF PUBLIC FACILITIES AND THE PROCESSES USED TO IDENTIFY, PRIORITIZE, AND FINANCE IMPROVEMENTS SHALL BE PUT FORWARD IN A MANNER WHICH lS EASILY UNDERSTOOD BY THE PUBLIC AND lS CONSISTENTLY AND EQUITABLY APPLIED. Objective F-1 Public knowledge and understanding of public facilities and infrastructure planning shall be assured through continuation of the following practices: display of system maps for water, sewer and drainage in City Hall; ready availability of the Five Year Capital Improvement Plan; prominent display of pamphlets, innovative methods and website additions addressing water conservation, solid waste disposal, and other subjects relative to public facilities. Objective F-2 Public awareness of the methods used to determine public improvement activities, and public input to the process, shall be encouraged +hrn +ho nnn+ini ion imnlomon+o+inn of Oho fr~llr~~niinn• Policy F-2.1 Public input through testimony received at public hearings, advertised and held before the Local Planning Agency, shall be solicited annually during winter months in order to identify geographic areas which are most in need of improvements. Policy F-2.2 Criteria, as identified in the Capital Improvement Element, shall be followed in the establishment of priorities for construction of public facilities. On an annual basis, the Local Planning Agency shall forward to the City Commission a listing 50 Public Facilities Element of new or revised priorities with written findings as to the relationship of projects to those criteria. Policy F-2.3 Once established, program priorities shall not be altered except as allowed in the policies established for implementation of capital improvement programming. Objective F-3 All overhead utility lines shall be buried whenever possible and economically feasible. 51 Coastal Management Element GOAL AREA "A" THE CITY SHALL CONTINUE ITS PROGRAMS FOR THE PROTECTION, CONSERVATION, AND ENHANCEMENT OF THE NATURAL COASTAL ENVIRONMENT AND SHALL UNDERTAKE ADDITIONAL ACTIVITIES WHICH PROTECT THIS FRAGILE ENVIRONMENT. Objective A-1 The City shall continue its established and ongoing programs for the purposes of protecting, conserving, and enhancing coastal wetlands, living marine resources, coastal barriers, wildlife habitat, beach erosion control, dune protection, and sea turtle protection. A report of the status of those programs shall be prepared annually and made available to the public at the Town Hall Meetings a~ at City Hall, and on the City's website. Comment: The above programs all exist within the City's Coastal Planning Area and are already institutionalized. These existing programs meet the intent of 9J-5.012(3)(b) 1, 2, 4, 5 and (c) 2. Policy A-1.1 Any development proposal for property within the Coastal Planning Area which has the potential to adversely impact wetlands, wildlife habitat, living marine resources, and/or the beach and dune system shall be subject to the requirement of having an environmental assessment performed and presented as a part of that development proposal. Policy A-1.2 Development in the Coastal Planning Area shall use only potable water from the City's municipal water system and shall connect to the municipal sanitary sewer system. The use of well water shall be prohibited. Stormwater discharge into waterways is prohibited except via an approved connection to the municipal storm sewer system or privately permitted system through SFWMD or LWDD. Policy A-1.3 The City shall undertake beach and dune studies as required by permitting agencies to monitor and maintain the Beach Renourishment Project. Policy A-1.4 Whenever new, private access is to be provided to the beach it shall be via approved access points which shall not disturb the dune or vegetative communities. Policy A-1.5 The City shall protect sea turtles and their nesting habitat through continuation of lighting restrictions, monitoring and education programs. Objective A-2 Although the Intracoastal Waterway (ICWW) has been dredged and improved throughout the City and South Florida, its remaining estuarine characteristics should be protected. Such protection shall be accomplished through the following policies. 52 Coastal Management Element Policy A-2.1 Florida Inland Navigation District (FIND) parcels 645 and 650 (Mangrove Park shall be controlled so that their long-term use serves the environmental purposes of this goal area. Policy A-2.2 The quality of the ICWW shall continue to be improved by the control of storm runoff and the implementation of the projects and programs in the National Pollution Discharge Elimination System (NPDES) permit. Policy A-2.3 The City shall monitor development requests in adjacent communities. If it is not apparent that there will be no adverse impacts upon the Intracoastal Waterway, the item shall be referred to the IPARC (Intergovernmental Plan Amendment Review Committee) or Treasure Coast Regional Planning Council for review and mediation as needed. Policy A-2.4 Any new marinas and boating facilities which are proposed within the City shall be limited to a maximum of eee six powerboat slip per one hundred linear feet of shoreline owned or controlled by the applicant for such facility, except the C-15 Canal and portion of the Intracoastal Waterway, approximately 1,000 north, which shall be limited to one powerboat slip per one hundred linear feet of shoreline owned by the applicant, as recommended in the boating facility action plan in the Palm Beach County Manatee Protection Plan, adopted on August 21, 2007. ~ ~n+i~ ~., ...h +im° ~o n n°~ in+. ,,nnr~° hno+inrr fonili+~i ci+inn nlon is orlon+~q° 1 :'I (1(1 n il° ic~j~°cq~r~°°r! hca-~y m~ex°nzvaiiivc ---~-- -r ii-- ~--------- ----~ ~-~-~---i ---i~ii__i ii^-------------~-i~---- i- ~---------- ^--i~---- Cvnnnoir~n D°lin~i nor! ~`°i in+~i nAnnn+°° Drr~+on+inn Dlnno00 Objective A-3 The City shall protect and enhance the quality of the marine habitat through support for °+~A# effluent reuse and deep water infection by the South Central Regional Wastewater Treatment Facility Board, with the ultimate goal of r°, icinn °ffl, ,°n+ from +"° ,~,~~+°,~,~+°r +r°n+m°n+ fonili+~i ~nrl r°,~, ,,.inn eliminating dependence on the ocean outfall for other than emergency and DEP permitted exceptions.~,~on onrl if ~„^" ° nrnnrom "°nr~m°o +°n"ninnlhi nor! °nr~nr~minnlhi f°noi"I° Objective A-4 The City of Delray Beach shall seek coordination with adjacent communities in matters dealing with the goals of the Coastal Management Element through the following policies: Policy A-4.1 The City shall, through the Palm Beach Countywide Q°°^"°° ~nrl Ch„r°~. Coastal Council, exchange information regarding beach/dune system protection and management, sea turtle protection, habitat protection and enhancement, and water quality. 53 Coastal Management Element Policy A-4.2 The City shall continue to participate with its adjacent units of government along the Intracoastal Waterway in responding to efforts of the others to implement programs as contained within its Comprehensive Plan for the protection of living marine resources, the reduction of exposure to natural hazards, and the continuing provision of public access. Policy A-4.3 The City shall continue to support the concept of "countywide" application of regulations which are targeted toward the protection of existing resources. When such measures are enacted, the City shall provide the clerical and technical support personnel, in the appropriate department, to provide for the effective implementation of such ordinances. GOAL AREA "B" Objective B-1 THE COASTAL PLANNING AREA /S A VITAL COMPONENT OF THE ECONOMIC BASE OF THE CITY. I-~ c~-un ~-ncn Tn n nn Tn Tuc n-iccn ~ ~ cnn~-nnn~n u~~ nc Tuc ~~TV HOWEVER, THE BARRIER ISLAND SHALL NOT BE ^'~COMMERCIALIZED AND ^'~PROMOTED TO THE EXTENT THAT lT DIMINISHES THE BEACH RESOURCES. Accessibility to the public beach areas and waterways shall be maintained and enhanced after gathering residents' input through the following policies: Policy B-1.1 The City shall retain the existing public parking under its control on the barrier island, and shall explore opportunities to expand parking for increased public beach access. Policy B-1.2 Additional marina facilities and waterway access shall be provided pursuant to the boating facility siting plan in the Palm Beach County Manatee Protection Plan, adopted on August 21, 2007. ~GaH'~a ~~~17°~ h., +ho Clr~rirl~ flor»r4mon4 r,f Rn~iirnnmon~ol Drn~on~inn fnr Dolm R nor of +ho mono~oo nrn~on~inn ~-rv~rvrRrr \A/~4or~ni~~i ~nihilo r~rr~4on4inn Oho orniirr~nmon4 Policy B-1.3 Whenever development is proposed east of SR A-1-A a survey of the property shall be required. Said survey shall identify any public access to lands seaward of the mean high tide or Erosion Control Line (ECL) by prescription, prescriptive easement, or any other legal means or a surveyor's note that no such access exists. Such access shall not be eliminated or replaced, except in compliance with F.S. 161.55(6). 54 Coastal Management Element Policy B-1.4 The City shall retain all existing public access to the Intracoastal Waterway, including street ends, and should consider enhancement of the street ends as pocket parks with reasonable use restrictions including limited hours of operation. Policy B-1.5 The City shall request that the County study the feasibility of establishing a deep water artificial fishing reef in the Delray Beach area in conjunction with its artificial reef program. Objective B-2 The value of historic preservation to economic development is recognized and shall be a component of economic development programs throughout the City. With respect to the Coastal Planning Area, this relationship shall be achieved through the following policies: Policy B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Policy B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Objective B-3 The City shall protect the beach as an economic resource by continuing to provide a valuable amenity for beach users, including reasonable support facilities, without jeopardizing the essentially passive character of the beach and its value as a natural resource. This objective shall be achieved through activities as expressed in the following policies. Policy B-3.1 Municipal funds shall continue to be allocated in each year's budget for enhancement of the streetscape. Priority shall be on plantings along Ocean Boulevard (SR A-1-A). Enhancements shall include the ~'~ maintenance of indigenous plants installed as part of the Dune Management Plan and the provision of street furniture particularly at beach access points and areas of congregation. Policy B-3.2 The high quality of the Municipal Beach shall be retained through current use restriction programs. The beach concession, under contract with the City, may be allowed to provide certain limited recreational amenities for beach visitors. The services 55 Coastal Management Element provided are limited to the rental of chairs, umbrellas, cabanas, and boogie boards. All other concessions shall be prohibited. Cooking on the beach shall be prohibited and litter law enforcement shall be strictly enforced except for publicly endorsed events. GOAL AREA "C" DEVELOPMENT AND REDEVELOPMENT IN THE COASTAL PLANNING AREA SHALL BE COMPATIBLE WITH THE EXISTING CHARACTER OF THE AREA, BEACH OVERLAY DESIGN GUIDELINES AND HISTORIC PRESERVATION GUIDELINES AND SHALL PROVIDE FOR A SENSITIVE BALANCING OF THE NEEDS FOR nc-ici nvnn~n-~Enc-ici nvnncn-~pn ENVIRONMENTAL PROTECTION. Objective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Th° nA~rin~ 4-Rio+nrin flio+rin+ oh.~ll nr~n+ini i° +n h° r°rl°~i n°rl ~nii+h ~ anning rea. ~~ ~~~~ ~~ a~~m~etiv--bT nrl~n~~ ~~ n~°nnnnmin ~~ nm~~~nr! hic+nrin . In`"'c~~ ~o``""o~~~~r~d~~ination with the residents and the Historic Preservation Board, all efforts will be made to keep all the listed historic structures in the coastal planning area in fine condition and to list additional structures and districts as needed. Policy C-1.1 The northernmost portion of the Marina Historic District, located in the first and second blocks and zoned CBD and RM n°or°c+ 4+lonfin o"°n. ,° shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. Policy C-1.2 The mi~~~nr! cni i+h°rhi southernmost portions of the Marina Historic District. located in the third and forth blocks and zoned R-1 AA. shall continue to be enhanced through the renovation of existin sensitive rehabilitation of historic structures, and compatible to the historic district. g single family and multi-family structures, and new construction which is appropriate Objective C-2 The Level of Service to be provided for land within the Coastal Planning Area shall be the same as elsewhere in the City with respect to traffic circulation, recreation and open space, solid waste, water supply, drainage, and sewage capacity. Objective C-3 Tie Development, redevelopement or conservation ^f "onon+ one , ink°r-~°"°'nn°~ on the barrier island and in the Marina Historic District shall occur in a manner 56 Coastal Management Element which does not change the character, intensity of use, or demand upon existing infrastructure in the Coastal Planning Area, as dictated in the following policies: Policy C-3.1 Remaining, isolated infill lots shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. Policy C-3.2 There shall be no change in the intensity of land use designation within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system. Policy C-3.3 Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property and with the policies of the Coastal Management Element of the Comprehensive Plan, except as provided in Policy C-3.5. Policy C-3.4 Development in the Coastal Planning Area shall be subject to the same findings of concurrency as is required for other development in the City and shall additionally include a finding that such development is consistent with the densities proposed by the Future Land Use Element, except as provided in Policy C-3.5, and is consistent with coastal resource protection and safe evacuation programs. Policy C-3.5 Whenever a commercial, residential, hotel, motel, or resort dwelling unit structure is destroyed to an extent of greater than 50% of its value by disaster, the structure may be rebuilt to pre-disaster use, densities and heights if permit applications are submitted within one year following the disaster. Current fire and building codes shall be met; current parking, building setbacks, and landscape requirements shall be complied with as closely as possible. For purposes of this policy, disaster means any non-self imposed catastrophic damage including, but not limited to, fire, flood and storm. Objective C-4 Tho f..+„ro ^f Florida Inland Navigational District (FIND) parcels 645 and 650 (Mangrove Park) shall be +h~+ +h^., ~r^ maintained and enhanced as conservation and marine habitat areas, and public access points. This objective shall be achieved through the following policies. Policy C-4.1 '^ ~v Q7'Q~~ The City, through its Parks and Recreation Department, shall r°~ continue to work with FIND ~~e~o^+~-Qi~~;t~^n ^f +"o n^~~,h'o +r~nof^rrin^ ^f to transfer these properties into City control upon termination of their need by the District. Policy C-4.2 The City, through its Parks and Recreation Department, shall continue its programs for the acquisition and perpetual use of the FIND properties as marine and wildlife habitats through retention of flora and fauna and the possibility of sites for the 57 Coastal Management Element relocation of mangroves which must be relocated from elsewhere along the Intracoastal Waterway, and development of Intracoastal Waterway access. Objective C-5 Ocean shoreline uses shall only be for beach purposes. Beach purposes include, but are not limited to, normal beach recreation, designated areas for recreational activities, lifeguard towers, access facilities, dune and beach restoration, and beach cleaning and maintenance. Policy C-5.1 The highest priority for ocean shoreline use in the City of Delray Beach shall be for beach purposes which shall include recreation and conservation. There shall be no commercial development nor water-dependent development (except the beach) orwater-related uses, except those permitted pursuant to Policy B-3.2, along the shoreline which abuts the beach. Residential development shall not exceed a height greater than 48', except as provided in Policy C-3.5, from the elevation of the crown of SR A-1-A and shall be constructed in accordance with the City's Coastal Protection Ordinance. Objective C-6 The rules and regulations of the Department of Natural Resources which establish a "Coastal Construction Control Line" and an "Erosion Control Line" shall continue to be enforced as a part of the Land Development Regulations. Policy C-6.1 The City shall continue to administer its adopted regulations which prohibit non-beach related construction seaward of the Erosion Control Line (ECL) and which provide performance standards for construction seaward of the Coastal Construction Control Line (CCCL). Objective C-7 There shall be no public expenditures which subsidize expanded development on the barrier island, unless such expenditures are necessary to: provide services to development allowed by the Future Land Use Map at the same level of service as the rest of the City; provide for recreational needs; maintain, restore or enhance natural resources; maintain adequate evacuation times; and maintain or enhance public beach access and use. GOAL AREA "D" THE CITY SHALL ENHANCE ITS EFFORTS FOR PREPARING FOR AND HANDLING DISASTERS WITHIN THE COASTAL REGION, SHALL PREPARE FOR REDEVELOPMENT IN THE EVENT THAT A DISASTER DOES OCCUR, AND SHALL DEVELOP PROGRAMS FOR THE PROTECTION OF PROPERTY 58 Coastal Management Element AND SAFETY OF INDIVIDUALS IN CIRCUMSTANCES OTHER THAN DISASTERS. Objective D-1 The City shall continue its established and ongoing programs for emergency preparedness, emergency evacuation, disaster relief, and coastal construction practices and shall enhance those programs through periodic reviews by the existing positions of City Manager, Fire Chief and Chief Building Official, as appropriate. Policy D-1.1 Appendix I, Hurricane Evacuation; to Annex V, Evacuation, (III-L) of Palm Beach County's D°~ Comprehensive Emergency Management Plan and its attendant recommendations for hazard mitigation and interagency hazard mitigation reports is hereby adopted by the City of Delray Beach and the Coordinator of Emergency Services is directed to provide for the effective implementation and coordination required by those recommendations. Policy D-1.2 The Fire Chief shall annually review the City's Comprehensive Emergency Management Plan to insure that base data is current and that the Guide is consistent with the Palm Beach County D°~ Comprehensive Emergency Management Plan. Objective D-2 There shall not be any development upon the barrier island which shall reduce hurricane evacuation time beyond its present level or which shall lower the level of service at the intersections of SR A-1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton Boulevard and SR A-1-A. Objective D-3 A Comprehensive Emergency Management Plan, n^~+ tic°~+°r r°rl°~i°Innm°n+ nrnnrom which aessc°~ hr~+mrr •'~+~~r~~ rm nnr! Ir~nn rnnn° rc~cP nm°n+ ohnll h° of +~~ i ng r nnr! +h° Cir° (~hi~q~ nrr~nrnm ohnl~l~h~~p~}°r! in CV QS2/QQJ Thic nrnnrom droll includes the existing disaster planning and recovery programs of the City shall be reviewed annually. °n,~;~-IQ~~^~a~°'~T n+ ,sir°n+inn~.~~ (`~n~r~ ° Dlon in+n o cinnL~ cni irn° rlnni im°n+ Policy D-3.1 The immediate and short-term aspects shall address: ^ mobilization for cleanup, repair, and restoration of services; ^ the removal of hazards and damaged structures; +h° r°hohili+o+inn onr! r°i ic° of +h° (`noc+ol Dlonninn 4r°o• onr! > > 59 Coastal Management Element ^ coordination of interagency hazard mitigation and response reports/programs. Policy D-3.2 The long range redevelopment portion shall provide for land use and character of development which presently exists except that the height of reconstructed buildings shall be limited to the then current height regulations of the City, except as provided in Policy C-3.5. Policy D-3.3 Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property, except as provided in Policy C-3.5, and with the policies of the Coastal Management Element of the Comprehensive Plan. Objective D-4 Programs shall be undertaken to protect property from water related damages and to provide for the safety of individuals. Policy D-4.1 The City's seawall ordinance and regulations shall be reviewed annually +r~ ~v~--^~T by the Engineering Department, modifications made, and public information distributed to the effect of implementing an enhanced program for seawall maintenance through inspection and private rehabilitation. ~ Policy D-4.2 The City supports the designation and continuation of speed restrictions, as established by the Florida Department of Environmental Protection, throughout the entire length of the Intracoastal Waterway within the City limits 60 Conservation Element GOAL AREA "A" THE PROTECTION AND CONSERVATION OF THE CITY'S WATER SUPPLY lS OF THE UTMOST IMPORTANCE. OCr`/1/'`AII7/AI/'` TLJC /A//O/IOTAA/r`C /1C TL/C r`ITV~C IA/ATCO rc~cvv-vrrr~ -r~v~-r-r~r-~rrrcrc ~Iryyl V AAlll Tuc A//A/A/TGA/AAI!'c /1C ITC ll~n~~ ALL EFFORTS SHALL BE UNDERTAKEN TO PROTECT, CONSERVE, RECYCLE AND WISELY USE WATER AND TO EDUCATE THE PUBLIC IN THESE EFFORTS. Objective A-1 Efforts shall be undertaken which focus upon detecting and eliminating contamination and instituting preventative measures which protect our water supply sources, through the following specific policies. Policy A-1.1 The practice of monitoring groundwater conditions through installation of monitoring wells shall be continued through implementation of the County's Wellfield Protection Ordinance and the City's Industrial Pretreatment Program, as well as applicable State and Federal requirements. Policy A-1.2 The City shall continue to monitor developments in the field of water treatment technology, including desalinization, and shall utilize the most cost effective technology available to meet long-term demands. Policy A-1.3 The City shall encourage the preservation of existing groundwater recharge areas through sensitive site planning, including maximizing open space, pretreatment of stormwater runoff, etc. In the case of environmentally sensitive lands, such preservation may include sensitive development under "planned development" concepts, exaction (public site dedication provisions of the Land Development Regulations), and acquisition (including the County Environmentally Sensitive Lands Acquisition Program). D~lin~i /~_7 A Thrni inh i~c~~~~h~~in nn +ho d~~ i~POncrnTanz nol \/~/oc~~~i~ Tr ,,}}„„..,,,~.,,~~..,,yy ~~ nili4~i Rr»rrl +hn (~i4 oh.~ll ~ooi iro 4h~ n4ini i o~i'+li ~'++inn ref 4hp TreathhFC1-i'~F~ , ~ti~~crn--a~acirc-mt. ~rTCrr~rcre~ ~.. ol~orno~i~io mo~hnrlc of cL irlno rlicnncol of looc~ o~ior~i ~~nin ~ioorc Objective A-2 The concepts, principles, and regulations contained in the Palm Beach County Wellfield Protection Program shall be implemented and expanded upon by the City as specifically identified in the following policies. Policy A-2.1 The City shall continue to assure compliance with the County Wellfield Protection Ordinance by including compliance as a performance standard for which a specific finding must be made upon approval of any site plan or conditional use action. Policy A-2.2 Inspection and monitoring of business premises, to ascertain that facilities and procedures exist and are utilized to properly manage hazardous materials and wastes commonly occurring as a result of existing or proposed activities, shall be 61 Conservation Element continued through current processes related to the Wellfield Protection Program, Industrial Pretreatment Program, and Fire department inspections. Policy A-2.3 The City of Delray Beach shall prohibit the establishment of hazardous waste storage, transfer, or generating facilities. Objective A-3 Specific programs shall be implemented to monitor, enforce, reduce, eliminate, and provide °'+°'+°~ environmentally responsible disposal methods ~^ii+h r°~r,°^+ +„ +h° °~~°r~i.~l°~~ ~ ~°° of materials which may be hazardous and contaminate our water supply droll h° imr~l°m°n+°r! Policy A-3.1 The current program of monitoring and inspection of industrial and commercial sites shall be maintained through the allocation of adequate staff to such duties. Policy A-3.2 The City supports public education programs to provide awareness of the impacts of the improper disposal of household hazardous waste. o„~:,.., n_z.~ policy A-3.3 The City supports the continuation of a central collection site, under the jurisdiction of the Solid Waste Authority, to which the public may bring and deposit household hazardous wastes on a daily basis. Objective A-4 To mitigate against future water shortages, a series of innovative activities geared to educate the public shall be undertaken which reduce consumption, minimize waste, and generally protect water resources. These activities shall be directed toward a-a-~,~ the continued reduction of water user^~~o°-~ mn+~e~°'~o aoll~~°r r~~e~°r rlo~i h~i +h° ~i°or '~nnn y "~ f" , Policy A-4.1 The City's current water conservation regulations shall, on a regular basis, be brought to the attention of the public. Vehicles for public information shall include; posting of literature in City Hall and along major roads, utility bills, neighborhood newsletters, and press releases. Policy A-4.2 ThT-rc-v~n~..ni`~II nr~n+ini in +n i~~~~ n+ +hn ni irrnn+ nrr~nrnm fr~r rn+rr~fi++inn ref ~nnll nRo nrr~nrnm +hrr~i inh +h° ~~AI°~^io fr~r AI°inhhr~rhr~r~rlo00 The Clty ShaII a~SA continue to implement up-to-date building code requirements for water conserving fixtures in new construction. 62 Conservation Element Policy A-4.3 The City shall encourage a broad range of water-saving irrigation techniques through the continued enforcement of the landscape code. Policy A-4.4 Wherever possible, the City landscaping on City property. As a part xeriscape approach must be considered. shall use xeriscape instead of traditional of the submittal of any landscape plan, a Policy A-4.5 Water which flows in canals or drainage lakes, or reclaimed water shall be used wherever possible for irrigation of golf courses and open space areas. The possibility of such water use shall be explored during the review of any development plans which are in proximity of such a water source. Policy A-4.6 The City shall continue its present policy of requiring a water source, other than City water, for irrigation purposes in geographically defined areas of the City. Policy A-4.7 The City, through the Regional Wastewater Treatment Facility Board, shall continue to utilize and expand its use of reclaimed water , T^ni+„r +ho ~ro~ „f offl, ,on+ roi ico ~nii~h +h~~ i~I#im~~a9no~~nf ronloiminn onr! r~~~~l~~~ from the wastewater treatment plant if„--~-~~e~^h ^ nr^nr^m honr~moo 4onhninnlhi nnr! onnnnminolhi foocih~o Priorities for ovnoncinn of effluent reuse should be on golf courses in the City, large homeowner associations, and in the Coastal Planning Area. Policy A-4.8 Whenever water wells are discontinued from use, they shall be plugged and sealed as required by the Florida Department of Environmental Protection. Policy A-4.9 The City of Delray Beach hereby supports the public education programs and emergency powers of the South Florida Water Management District with respect to the conservation of water sources and shall, when such programs and activities are imposed by the District, impose those similar restrictions which are available under the City's emergency water conservation powers. Objective A-5 To address the City's existing and projected potable water needs and sources in the context of the regional water supply, the following policy shall be implemented. Policy A-5.1 In 2008, the City shall adopt a Water Supply Facilities Work Plan n (~r~noonin4ir~n Clomon+ to access projected water needs and sources for at least a 10-year planning period considering the South Florida Water Management District's Lower East Coast Water Supply Plan. GOAL AREA "B" NATURAL RESERVATIONS AND SENSITIVE LANDS WHICH PROVIDE HABITAT A-ND OR CONTAIN NATIVE VEGETATION WHICH ~€ lS VITAL TO -T-,uc nnn~~-rc~-n~-nc nc THE ENVIRONMENTAL QUALITY OF THIS COMMUNITY SHALL BE CONSERVED, ENHANCED, REGENERATED, MAINTAINED AND PROTECTED. 63 Conservation Element Objective B-1 The City shall ~~ ~*~~es~ ~,~~,-~ ;cam"^"^~^~;~p~'„a;~~ t$ protect and regenerate natural reservations and environmentally sensitive areas through the following policies. Policy B-1.1 Publicly-owned environmentally sensitive areas have been identified on the Future Land Use Map by an "Open Space -Conservation" symbol. The FIND parcels 645 ~ been zoned into the conservation zone district and parcel 650 (Mangrove Park) has been zoned Open Space. These designations shall be maintained in order to further Objective B-1 as well as the Goals, Objectives and Policies of the Open Space and Recreation Element. Policy B-1.2~Qe~e~°n+ nrnnncol fnr +ho I-liirrinono Dinoc~t~~lnnn C G 'I(1~ o nll h^ nnnn,,ir°r! h~i n mr~nT }I inr! ^nr! + o^oom^n+ ,.,~ y~,,,., tiCi~yun--pt. "`" "'7 cr-SA etl~Tae~crrcfe{~~G}~Jacs.~rrrcrr~Cl~Fil:. moo If i+ is rl~er~or! h•~, +h~~ ~•, +ho~on,o+~n~~~ooc~~o nnnrli+inn of +ho ~~ic+inn nnncon,o+inn lonrlc~~~~~i in+ of +ho ono+inn ~n,ill ho hocorl~nn +rh~ conci+i•,o oroo ~n,h inh ,mill ho Inc+ +hrni inh rlo„olnnmon+ With development of the Heritage Club project, a portion of the Hurricane Pines site has been preserved as part of the open space for the project. This area shall continue to be maintained by the homeowners association as preservation area. °^'~^•• Q-''." Policy B-1.3 The City-owned park site in the Hammock Reserve area shall be developed with primarily passive uses to maximize retention of the existing native plant communities. °D^'~o~ Policy B-1.4 The 4 acre oak hammock in the Hammock Reserve development shall continue to be preserved as a environmentally sensitive site. Policy B-1.5 Natural reservations which exist as historic sites shall be protected through the continued implementation and enforcement of the City's Historic Preservation Ordinance. Policy B-1.7 Policy B-1.6 The City's Landscape Ordinance shall provide for the removal of existing invasive exotic species such as Australian Pine, Brazilian Pepper, and Melaleuca on private property as development and/or redevelopment occurs. It shall also prohibit the planting or cultivation of these species anywhere within the City. 64 Conservation Element Objective B-2 Drnnromc of °~„°°+inn one r°ni i~°+inn Educational programs shall be implemented to increase public awareness. Regulations shall provide for the protection of flora and fauna. Q°n~ All measures shall ensure the protection, preservation, enhancement, conservation, regeneration, and appropriate use of fisheries, wildlife and marine habitats which serve °~ hohi~o~ fnr endangeredy afl~ threatened and native plant and animal species. Policy B-2.1 The submission of a biological survey and a habitat analysis shall accompany land use requests for plan amendments, rezonings, and site plan approval. However, the requirement shall not apply to small parcels, developed parcels, or where it is apparent that there are no such resources. Policy B-2.2 Whenever and wherever significant or sensitive flora and fauna communities are identified, plans shall be required to preserve the habitat to the extent feasible, or provide for mitigation if preservation is infeasible or inappropriate. Policy B-2.3 A tree permit shall be necessary to remove or destroy any tree which has a diameter of four inches or greater. Policy B-2.4 The City supports the maintenance of speed limits on the Intracoastal Waterway in order to provide a degree of protection for the Manatee. Objective B-3 The City shall implement programs and techniques to protect property from erosion and deterioration created by the impacts of wind and ~ water. Policy B-3.1 The City shall continue to control erosion from wind and flowing water through the building permit review and inspection process and the soil erosion control ordinance. Policy B-3.2 The City supports Palm Beach County's program to restore and protect the shoreline of Lake Ida. In addition, the City supports continuing monitoring of boating activity in the lake to assure that this activity does not produce adverse impacts on the shoreline. Policy B-3.3 A program to accommodate necessary repair, replacement, and maintenance of City-owned seawalls along the Intracoastal Waterway shall be retained. 65 Conservation Element Objective B-4 The City shall continue to implement its beach erosion control program and the environmental protection and enhancement aspects of its Beach Renourishment Program. Policy B-4.1 As a part of the City's ongoing beach renourishment and protection program, the existence of pedestrian accesses to the beach shall be maintained and enhanced through the continuation of the dune management program. Where necessary to control erosion, accesses shall be enhanced in accordance with the Beach Access Study. Policy B-4.2 The City shall continue to implement the Sea Turtle Conservation Program, which includes monitoring of nesting and hatching activity, and enforcement of lighting restrictions. Policy B-4.3 The City shall continue to implement its dune protection and enhancement programs, which include management of the dunes at the municipal beaches and regulation of private development activities. Policy B-4.4 The City shall maintain existing programs to protect offshore reefs and marine habitat through monitoring and management of beach renourishment construction activities. Objective B-5 The City shall pursue innovative techniques of pervious paving/surfaces to reduce water runoff and promote percolation/stormwater recharge. GOAL AREA "C" THE QUALITY OF THE A/R AND THE Oc~`OCAT//IA/A/ WATERWAYS OF THE COMMUNITY ARE TO BE PROTECTED AND ENHANCED. Objective C-1 T~~2~F2~--~~yr~~e~C~22d-~ minimum C v ~~vi~ nn rlrrcraTa~ n~Q o n~c C Ira /~rlm info+rn+i"o `("~~r~rl~o1 `"Di ilo '17 '~ '2nn Tho (~i+v ohnll nr~n+ini io offr~r+o +r~ mnin+nin +hio Trtc-vn~~ +ho hinh lo"ol ref mnin+onnnno „f i+~. fioo+ The City's fleet shall use fuel efficient or hybrid vehicles where appropriate. Objective C-2 The City shall support and participate in regional efforts to protect and enhance the quality of waterways, including Lake Ida, the drainage canal system, and the Intracoastal Waterway. 66 Conservation Element Policy C-2.1 The City shall encourage continued monitoring and enhancement of the Lake Ida water quality by the responsible agencies, with the goal of achieving a level of water quality that will allow swimming. Policy C-2.2 The City shall seek the placement of signs on the Intracoastal Waterway discouraging discharge of litter and emphasizing the location of public sewage pump- out stations. GOAL AREA "D" THE CONSERVATION OF NATURAL RESOURCES SHALL BE ENCOURAGED THROUGH CITY SUPPORT OF WASTE MANAGEMENT PROGRAMS TO RECYCLE MATERIALS. Objective D-1 The City shall continue to participate in the Palm Beach County Solid Waste Authority recycling program. Policy D-1.1 The City shall work with the Solid Waste Authority to increase the number of materials accepted for recycling to include items such as Styrofoam and plastic bags. Policy D-1.2 The City shall continue to support the County's education program to increase participation in recycling. Policy D-1.2 The City shall conduct an annual education program to encourage increased participation in the recycling program by low performing neighborhoods. GOAL AREA "E" STRIVE TO BECOME MORE SUSTAINABLE CITY . Objective E-1 In 2008, determine an actionable set of recommendations that enables the City of Delray Beach to implement its current environmental commitments in a timely, cost- effective, and citizen-centric manner, as well as explore new opportunities for sustainability. Policy E-1.1 In 2008. a Green Task Force shall be created to address the following issues and provide a report to the City Commission: 1. Ways to improve the environmental sustainability of City programs, services, and equipment facilities. 2. Strategies for improving environmental sustainability of the community 3. Incentives for residents, businesses, and organizations to practice environmental conservation including recycling 4. Proposed means to enchance water and energy conservation. 5. Ideas for promotion of tree planting and xeriscaping. 6. Best Practices for implementation in Delray Beach, including long-term strategies. 67 Open Space and Recreation Element GOAL AREA "A" RECREATIONAL OPPORTUNITIES OPEN SPACES AND FACILITIES WHICH ENHANCE THE QUALITY OF LIFE, PROVIDE FOR ~^~T RECREATION AND INTERACTION WITH OTHERS, AND PROMOTE THE SPIRIT OF COMMUNITY SHALL RECEIVE HIGH PRIORITY IN THE INVESTMENT OF THE CAPITAL RESOURCES OF THE CITY. Objective A-1 The City hereby adopts the Florida Department of Environmental Protection, Division of Parks and Recreation guidelines ~°n^r+m°n+ ref AI.~+i ir~l D°~^i ir^°o C+nnrlnrrlo fr~r Dnrli ~°^;';+;°~ .n ~'.,r~r!°, and the National Park and Recreation and Open Space Standards, as shown in this Element as measures for "level of service" applicable to parks, recreation, and open space in Delray Beach. Policy A-1.1 The City shall maintain the adopted level of service for all recreational facilities Objective A-2 Park and recreation facilities shall be adequately and efficiently provided with adequate parking and public access and shall be compatible with surrounding existing properties and new development through implementation of the following policies: Policy A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policy A-2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy A-2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy. Policy A-2.4 The City shall strive to develop a scenic recreational network for pedestrians and bicyclists. This network should make use of existing resources where possible, such as canal rights-of-way. In this way the scenic network would be similar to the rails-to-trails concept. Development of the network is not seen as a high priority work item, but every opportunity to advance such a network should be taken. Policy A-2.5 The City shall continue to support and expand bicycle safety education programs for both children and adults. 68 Open Space and Recreation Element D^li,•v A_7 C Thn (~i+v ohnll rln~i n n nrnnrnm in CV QS2 /QQ +n imnrn~m nnrl i innrnrln vr~y-~~urrcrcP ~a , 7 v.~~v~mprv'P~ +i,rhTO~n~roo+inn fonili+ioc o+ +ho (~o+rhT rcrin~~-n~nn~P~~crr~n Rnnrr! +n nooarn m n~~ n~~~~m nn+ of +hn rn ~oll ~ninrL ~nii+h +ho~h~T nron+inn fonili+inn n+ +hn Ci ill ~~ T ~ Coniino ('on+or D^~:,.., n_~.~ policy A-2.6 As part of the preparation of Strategic Task Team Neighborhood Action Plans, Tede~°'~°n+~~pln;hnrhnnr! nl.~no the City shall evaluate the possibility of establishing neighborhood`'~o`Jr "pocket parks" in the area for which the plan is being prepared. The evaluation should include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. D^li,•v A_7 Q Drn~iirln nn~or! nffinn onnnn in +hn (~nmmi ini+~i (~~~ r ~nihiln mwimi~in mi it+i_ni irnnco room mono for nrnnrnm no~~ Tho ~noncinn of +ho (' mmi ini+•i ,~,~} ,~~. ,~} vm~F~vc-rv c ~~~ ~rrrrvri-vrzrrc~~rrr~rarrrcp 4~YFte~C1--Ct~e~eli i}~ +n~tior! +n nnnnmmnrln+n nff~nnr! nrnnrnm onn~nc > > chni ilr! ho o fi inrlinn nrinri+•i in +ho (`mm~rohonci•io Dlon > > ~~Te~er! in CV Q7/QS2 D^lin•, /~_7 ~f1~ °v n o n h ~~ ~t ~ol ra ~ rnnru~ ~ h fi inrlinn ro~~ °- m e ~ , , ur c . y , ~ u r rr ttt ~or nni~l~llo Cnhnnl Drnnrom rlcP nmon + d roll ho nmm~l~er! i __ n__CTQ 7 Qo ~ ~ r ~ D^~:,.., n_~.~ ~ policy A-2.7 Whenever the accomplishment of one or more of the activities cited can be achieved through major investment in an existing facility, such a situation shall be a justification for raising the priority of the major capital improvement on the capital improvement list. °^'~^•• ^-'.'" Policy A-2.8 The priority of a specific project may move up if it is funded from a dedicated revenue source and that funding is sufficient to accommodate the improvement (e.g. golf course improvement funded by a golf cart surcharge). °^'~^•• ^-'.''~ Policy A-2.9 The priority of a specific project may move up if there is a contribution from the private sector, or other sources, or area development/redevelopment can be coordinated with its construction. °^'~^•• ^-'.''" Policy A-2.10 All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. °^'~^•• ^-'.''~ Policy A-2.11 The City shall establish an Urban Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources are to be pursued and Phase 1 of the development should be accomplished by FY ~n~r 2008/09. 69 Open Space and Recreation Element Objective A-3 The provision of recreation facilities and programs for the future well-being of this community is a joint responsibility of both the public and private sectors. Developers shall provide sufficient and appropriate recreational facilities for their development. That partnership shall be ^^^ +a mandated by each body taking an appropriate role as expressed in the following policies: Policy A-3.1 Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in-lieu of the provision of on-site facilities where appropriate. Policy A-3.2 The role of the Parks and Recreation Department in fulfilling community needs in culture and the arts shall continue to focus on programs. Private and quasi- public groups (e.g. Old School Square Foundation, Public Library, Atlantic Avenue Merchants Association, Historic Society, etc.) should be encouraged to provide facilities necessary to accommodate the arts (e.g. auditorium, indoor concerts, and the performing arts). The City shall provide reasonable assistance to such groups in as much as such efforts relate to the overall economic development of the community. Policy A-3.3 The City shall continue to develop and sponsor programs for youth activities. Policy A-3.4 The City, through the Parks and Recreation Department, shall continue its formal relationship and program with the school district for the joint use of school grounds for active sports such as soccer and for the creation of educational programs such as use of the nature and interpretative trails. ` ~n infnrmo~inn ~nho~tu~for! h~i ( i~~i n~e ~~cl~~~in~ ~~noTloorinnhni i~no arn ? Drnnrom r!~ nmon~oll ho nmm~l~r~r! i n CV Q7/QS2 ~ yy ~~ rrrrTr~v . Policy A-3.5 The City shall continue to encourage other community partners, including religious and social organizations, to join in the effort to provide leisure programs and activities for the community as a whole. 70 Open Space and Recreation Element Objective A-4 The provision of recreational facilities by the private sector is an important factor in the quality of life in the entire community, especially for teenagers and young adults. The City shall encourage the siting of appropriate private recreational facilities within the City through the provision of informational services, and consideration of innovative, quality development proposals. Policy A-4.1 The City shall consider modifications to the Land Development Regulations with regard to private recreational facilities, including the number of permitted, vs. conditional, recreational uses allowed in commercial zoning districts. D~liw A_A 7 Th~ti~~;nll oo+nhGoh ~nii+hin +ho Dlnnninn nnrl ~nil"~1rt~Pp~n~TnG'InT~~ GOAL AREA "B" AN OPEN SPACE CREATION, RETENTION AND ENHANCEMENT SYSTEM °On~'°nnn CONSISTING OF, BUT NOT LIMITED TO, LINKS AND LOOPS THROUGHOUT THE CITY, SHALL BE PURSUED IN ORDER TO ENRICH THE QUALITY OF LIFE IN DELRAY BEACH AS WELL AS ENHANCING PROPERTY VALUES AND THE COMMUNITY AESTHETIC AND ENVIRONMENTAL SUSTA/NABILITY. Objective B-1 The retention and creation of visual open space areas is vital to meeting the overall goals #~ie~es of the Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The maintenance of vistasl a~ enhancement of the streetscapes, and additional open space are objectives which shall be accomplished through the following: Policy B-1.1 Large open space areas like golf courses and lakes, when developed within a subdivision, shall be located so that they provide a view corridor for the general public. Similarly, common areas which are a part of new developments shall be located, in some degree, contiguous to the external street system and likewise provide a view corridor. Policy B-1.2 The City shall continue its on-going street beautification efforts, including programs such as Adopt-A-Tree, landscaping upgrades as part of street construction projects, and an emphasis on providing sufficient funds to maintain existing landscaping at a high level. Policy B-1.3 New developments shall provide central focal points at entries and landscape buffers along the external (arterial, collector) streets which service them. Back-lotting of individual homes along such streets should be allowed only when special landscape buffers are provided between the rear yard walls or fences and the right-of- way. 71 Open Space and Recreation Element Objective B-2 Natural areas wyi"^h nrn~iir!° r~°f frr~m +h° i irhnn fnhrin nrn~iir!° n nlimno° ref +h° nn+i irnl °n~iicr-rv~rvrrr'~i"r°n+ of Cni i+h Clnrirlo nrn~iir!° ~~Jnro+inn of +h° 7Yl~7'C ~ I'"' ~~ QT ~~OO hio+r~ni nnrl nrr~~iir!° fr~r n hnlnnn° h°+~ni°°n +h° nn+i irnl nnr! mnn mnr!° °rniirr~nm°n+ Shall be protected and preserved through the following policies. Policy B-2.1 The Land Use Map shall identify as "conservation" the following areas which shall be preserved: ^ The FIND parcels 645, and 650 along the Intracoastal; ^ The Leon Weekes Environmental Preserve; ^ Delray Oaks; and ~Thi° r»L hnmmr~nli in +h° LJnmmr~nli D°o°rci-cc°-Qe~°Innm°n~~ ^ The Donnelley Tract on Palm Trail. Policy B-2.2 The Open Space (OS) and Open Space and Recreation (OSR) Zone Districts of the Land Development Regulations shall be applied to "Recreation", "Open Space" and "Conservation" parcels. The OS Zone shall provide for distinct standards applicable to open space lands and to conservation lands. Policy B-2.3 As a part of the City's ongoing beach renourishment program, the existence of pedestrian accesses to the beach shall be maintained and enhanced (See Conservation Policy B-4.1). Objective B-3 Not only shall existing ublic access to beach areas and the Intracoastal Waterway be retained, but enhanced with special emphasis placed upon beach accessibility for residents of Delray Beach, while protecting the natural environment. This objective shall be accomplished through the following. Policy B-3.1 Add+t+ep~ aAccess to the Intracoastal Waterway shall be achieved through improvements made at the time of development of Mangrove Park ;h,~o pa~se~ (MSA 650). Policy B-3.2 Current access points and pathways to the beach shall be enhanced through the policies which implement Objective B-4 of the Conservation Element. Objective B-4 The City shall ensure that public access and that passive resource-based facilities (i.e. trails, wildlife observation areas, etc.) are provided on publicly owned natural areas for the public use and enjoyment of the site. 72 Intergovernmental Coordination Element GOAL AREA "A" A CONTINUOUS AND COORDINATED EFFORT WHICH INVOLVES ALL AFFECTED UNITS OF GOVERNMENT, REGULATORS, AND SERVICE PROVIDERS SHALL BE MADE IN PURSUIT OF ACCOMPLISHING THE GOALS OF THE COMPREHENSIVE PLAN Objective A-1 The City's Comprehensive Plan shall be coordinated with the planning and service delivery efforts of those units of government and agencies which may be impacted by it. This objective shall be met through the following: Policy A-1.1 Notification of proposed plan amendments shall continue to be provided to all local units of government in Palm Beach County through the Interlocal Plan Amendment Review Committee (IPARC), and to affected adjacent municipalities and service providers through direct notification. Policy A-1.2 Amendments to plans of adjacent units of government shall be reviewed pursuant to the formal plan amendment review program. The City Manager, or his designee, is authorized to issue a statement of "intent to object" when the actions of another municipality may affect the City of Delray Beach. Such situations may be analyzed by the Local Planning Agency who shall recommend to the City Commission any formal objection which is to be made. Policy A-1.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the Plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situation. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Multi Jurisdictional Issues Coordination Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. Policy A-1.4 The City Manager's Office through its Planning and Zoning Department shall maintain a listing of entities affected by this Plan and shall provide to them information regarding City actions which affect provision of services or plans for facilities which affect them. Policy A-1.5 Future annexations by the City of Delray Beach shall be carried out pursuant to Policy B-3.5 of the Future Land Use Element (Annexation Program) and shall be consistent with adopted annexation policies of Palm Beach County. Consistency shall be determined by specific notification of each annexation to the Planning Director and concurrence by that office. 73 Intergovernmental Coordination Element Policy A-1.6 This objective and its implementing policies shall be followed for each proposed plan amendment. Policy A-1.7 Whenever a development proposal which involves a private land use petition that requires ~ ^^~~ Dl~nninn ~^^nn., development review or implements a development activity proposed in this Comprehensive Plan and it is located within one- quarter mile of the boundary of an adjacent unit of government, a copy of the development application or development activity description shall be provided to the affected unit of government upon its receipt by the City of Delray Beach. Policy A-1.8 The staff report prepared for any development application or development activities proposed in the plan and provided to the Local Planning Agency or other City approving body shall contain an assessment, if applicable, of how the proposed activity may affect the existing plans of any adjacent local government. Policy A-1.9 The City shall coordinate with Palm Beach County to designate #~iese portions of the unincorporated areae within the City's official Planning Area as "Joint Planning Areas". Those areas shall be subject to the policies included within Future Land Use Element Objective B-3. This coordination shall be accomplished through the execution of an interlocal agreement with Palm Beach County `""+hin nno "oor frnm +ho as required by Florida Statutes.. Policy A-1.10 The City of Delray Beach shall utilize the Palm Beach Countywide Intergovernmental Coordination Program as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional significance including, but not limited to, the siting of facilities with countywide significance and locally unwanted land uses. (New Policy per Amendment 99-ICE] Policy A-1.11 The City shall support efforts to integrate land use and water resource planning to ensure the availability of water for regional water management purposes. Accordingly, the SFWMD shall be designated as a commenting agency on large scale plan amendments and other projects with potential impacts on regional water resources and programs, and shall be encouraged to provide comments prior to any action on the amendments, rezonings or development projects with regional impacts, made by the Local Planning Agency /Zoning Board, Or the Clty CommlSSlon. (New Policy perAmendment 04-2] Objective A-2 The level of service standards contained within this Plan shall be reviewed by and established in conjunction with the entity which has operational and maintenance or planning responsibility for such facilities. 74 Intergovernmental Coordination Element Policy A-2.1 During review of any Plan amendment which involve changes to the level of service standard, letters shall be sent to each entity which is affected by a level of service standard adopted pursuant to this Plan. The letter shall ask for concurrence with the proposed standard. Policy A-2.2 Additional information as to the basis of the level of service standard shall be provided to said entities upon request. Policy A-2.3 Any conflicts emanating from Policy A-2.1 and which are not resolved prior to resubmission to D.C.A. shall be taken to the Interlocal Plan Amendment Review Committee (IPARC) and Multi-Jurisdictional Issues Coordination Forum as appropriate, for direction and/or mediation. Policy A-2.4 This objective and its implementing policies shall be followed for each proposed plan amendment which affects a level of service standard. Objective A-3 The objectives and policies contained in Goal Area D of the Future Land Use Element and which provide mutual obligations for the enhancement of schools in Delray Beach and the furtherance of School District policies shall be coordinated with the School District, with the goal of implementation of the City's adopted plan entitled "Sharing for Excellence in Schools 1994" . Objective A-4 The City shall emphasize the intergovernmental coordination activities needed to achieve the policies and programs identified in other elements of the Plan, as described in the Needs and Recommendation section of this Element. Objective A-5 The City shall seek to improve relationships with those entities with which coordination problems have been identified. 75 Capital Improvement Element GOAL AREA "A" THE CITY OF DELRAY BEACH SHALL, IN AN EFFICIENT AND TIMELY MANNER, UNDERTAKE ACTIONS WHICH ARE NECESSARY TO PROVIDE NEEDED PUBLIC FACILITIES WHICH ACCOMMODATE FUTURE GROWTH AND WHICH MEET EXISTING DEFICIENCIES. Objective A-1 The City shall direct financial resources to the task of maintaining and upgrading existing public facilities as necessary to assure that the entire City achieves the adopted levels of service. To this end, the City shall allocate sufficient reserves and annual recurring funding to address critical needs and system deficiencies. This objective shall be met through the following policies. Policy A-1.1 The City shall adhere to the Policies of Objective A-3 which describes the program for establishing and maintaining the schedule of improvements in the Capital Improvement Element. Policy A-1.2 The City shall strive to coordinate projects for providing water and sewer services to inhabited areas which do not have such services, with other infrastructure work in the area and shall include them in the Capital Improvement Plan to optimize cost efficiency and service delivery. Policy A-1.3 The City shall use the Stormwater Utility Fee to finance drainage improvements and the related maintenance and administration of the system. Policy A-1.4 The City shall maintain a funding source for replacement of irreparable or obsolete office equipment, replacement of computer hardware and replacement of other major pieces of equipment. Funds for these purposes will be allocated annually from general funds. Policy A-1.5 The City shall maintain a funding source for the maintenance and repair of buildings and facilities, including such items as roof replacement and major structural repair, in a timely manner to maintain the viability of the facility. Funds for these purposes will be allocated annually from general funds. Policy A-1.6 The City shall maintain a funding source for the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. Funds for these purposes will be allocated annually from general funds or from long-term financing. Policy A-1.7 The City shall allocate funds annually to maintain and improve public facilities which serve existing development. 76 Capital Improvement Element Policy A-1.8 The City shall strive to maintain a General Fund Reserve equal to 7-10% of the recurring annual operating revenue, excluding major one-time costs such as those related to bonding. Policy A-1.9 The City shall use water and sewer operating funds to provide for the repair, replacement, and upgrade of critical components of the water and sewer systems in the amount of 2.5% of the value of fixed assets excluding land and works in progress. Objective A-2 The City shall insure that public facilities which are necessary to accommodate future growth are provided concurrent with the needs of such development. Thi° nhio^+i.,° droll ho onhio~ior! +hrni inh +ho fnlln~niinn• Objective A-3 The City of Delray Beach shall establish programs and procedures which require the provision of needed and desired improvements, as identified in other elements, and which shall manage the land development process so that needs created by future development will not exceed the ability of the City to meet them. Such programs and procedures shall, at a minimum, include the following policies and activities. Policy A-3.1 The City of Delray Beach hereby adopts the list of capital projects contained in the five year schedule contained in this element and establishes that all projects identified shall be carried out in accordance with that schedule or within one year thereof unless a Comprehensive Plan amendment is adopted to change the schedule. Policy A-3.2 The Five Year Capital Improvements Schedule shall be established in accordance with the Guidelines for Prioritizing Capital Improvement Projects, as contained in this Element. Policy A-3.3 The criteria which shall be considered in the amendment and possible modification of the 5-year schedule shall include the following: a) The highest priority shall be afforded to activities and projects which eliminate a public hazard whether it be to health or the reduction of damage potential. (c1 a) b) The second highest priority shall be given to public safety equipment replacement. 77 Capital Improvement Element c) The third highest priority shall be given to activities and projects which eliminate system deficiencies, less than desirable conditions or provide services to unserved, inhabited areas. d) Consideration shall be given to impacts upon the availability of funds for the project and for other projects; when appropriate for the purpose of providing financial resources for other needs, an activity or project shall be phased over a period of time. e) When a project can be combined with another project in the same geographic area, it shall receive a higher priority e.g. combining needed street improvements with scheduled water and sewer improvements may accelerate the street improvement project. f) When a project will receive significant funding assistance from a development project or through neighborhood contributions through an assessment district or other method, it shall be accelerated on the schedule. g) When a project can be funded through an exclusive funding source, it shall have a priority determined through that funding source regardless of its relationship to projects which are funded by other funding sources e.g. a park constructed with dedicated park funding can have a higher priority than a mandatory need when the financing for the need isn't available. h) A project's priority shall increase if it can be tied to the construction of a project undertaken by another unit of government e.g. water main upgrading and hydrant placements shall be coordinated with street improvements which are constructed by Palm Beach County. I) A project's scheduling shall be consistent with respect to other projects which have been prioritized within other elements of this Plan, except as they may be modified through the criteria contained within this Policy. Policy A-3.4 The City will prepare aFive-Year Capital Improvement Plan (CIP) each year, in addition to a projection of the current year. The CIP shall address currently funded projects, projects under construction, and a five year projection of projects. The CIP shall include all projects contained on the five year schedule of this Element and shall contain those projects of greater than $25,000 which are funded through the dedicated financial resources for renewal and replacement projects and all other projects of greater than $25,000 which are proposed, except for repair and replacement items identified and funded via renewal and replacement programs. The first year of the CIP will be the Capital Improvement Budget (CIB) projected for the next year. 78 Capital Improvement Element TABLE CI-GOP-1 CITY OF DELRAY BEACH LEVEL OF SERVICE STANDARDS 1 FACILITY STANDARDS 1 Sewer Treatment System • Generation Inflow • Plant Design Capacity Water Treatment System • Water Usage • Storage • Raw Water Pumping Capacity • Water Treatment Capacity • Water Pressure Solid Waste • Generation Inflow Drainage • SFWMD Standard Traffic • Local Streets • City Collectors and Arterials • County Streets • State Facilities Open Space and Recreation • Local Determination • Facilities Mini Park /Playground Neighborhood Park Community Park Urban District Park Regional Park • Activities Children Play Area Baseball Field Softball Field Football /Soccer Field Tennis Courts Golf Course (18 hole) Basketball Court Shuffleboard Court Handball /Racquetball Court Swimming Pool (small) Swimming Pool (Large) Boatram ps Beachfront Boating Coastal Zone Levels of Service Public School Levels of Service 160 gal per person per day. 21 mgd average / 30 mgd peak. 4~ 240 gal per person per day. 15% of maximum flow + fire reserve at 1.5 mg + emergency reserve at 25% of storage = 6.0 mg at buildout. 22.4 mgd. 28 mgd. 20 psi, minimum. 7.13 pounds per person Retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious areas. to protect water auality. "C" under any condition. "D" under any conditions, pursuant to Exhibit 1 and 2. "D" under any conditions, per the adopted County level of service. Basis for calculations are the County Traffic Performance Standards. "D" Under any conditions, pursuant to Exhibit 2. 3 acres per 1,000 residents. 1 per 2,500 residents, '/4 mile service area. 1 per 5,000 residents, '/4 to'/2 mile service area. 1 per 25,000 residents, '/2 to 3 mile service area. 1 per 50,000 residents, 30 to 40 minutes driving time. 1 per 100,000 residents, 30 to 60 minutes driving time, 250 + acres. 1 per 5,000 residents. 1 per 5,000 residents. 1 per 5,000 residents. 1 per 15,000 residents. 1 per 2,000 residents. 1 per 25,000 residents. 1 per 5,000 residents. 1 per 2,000 residents. 1 per 10,000 residents. 1 per 2,000 residents. 1 per 25,000 residents. 1 per 15,000 residents. 25 linear feet per 1,000 residents. '/4 acre per 1,000 residents. Shall be the same as elsewhere in the See Public Schools Facilities Element. 79 Capital Improvement Element Policy A-3.5 The City will have each draft of the CIP reviewed by the Capital Improvement Committee consisting of the City Manager, Assistant City Manager, Finance Director, City Engineer, and Environmental Services Director. The CIP shall be reviewed annually by the Local Planning Agency which shall issue a statement of consistency with the Comprehensive Plan prior to its consideration the City Commission. Policy A-3.6 The City of Delray Beach hereby adopts the Level of Service (LOS) standards as set forth in Table CI-GOP-1 as the mandatory levels of service for public facilities within the City's Municipal Boundaries and Planning Area. Policy A-3.7 Wherever the term "concurrent" is used in this Element and other elements of the Plan it shall mean that the public facility shall be provided under any of the following conditions: a) The improvement is in place prior to the issuance of an occupancy permit; b) The improvement is bonded for as a part of the subdivision improvement agreement or similar instrument and there is a schedule of completion in the bonding agreement; c) The improvement is a part of a governmental capital improvement budget, it has been designed, and a contract for installation has been solicited. d) The improvement in the case of public school facilities, construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County Five Year Capital Improvement Schedule, as reflected in Table SD-CIP of this element. Policy A-3.8 The City shall be guided by the following in its pursuit of additional project funding through grants. Whenever a grant which will fund a capital project becomes available, the City Commission must determine that either the grant will fund a previously identified need, or that obtaining the grant and its administration and the construction of the capital project will not diminish the resources and activity which is directed toward meeting scheduled needs. Policy A-3.9 In developing financial programs to fund needed capital projects, the following principles for the management of debt shall be observed: a) Long term debt will not be issued to finance current operating costs or normal, routine maintenance. b) The City will strive to maintain a gross bonded general obligation debt (general obligation bond principal) at a level not to exceed 2% of the assessed value of property within the City. 80 Capital Improvement Element c) The City will strive to insure that its net bonded debt does not exceed $700 per capita. d) The City will strive to insure that the combined total of its direct net bonded debt and its share of overlapping debt issued within Palm Beach County does not exceed $2,000 per capita. e) The City will strive to insure that annual general bonded debt service costs (principal and interest) will not exceed 15% of General Fund Expenditures. f) Wherever possible, the City will use Revenue, Self-Supporting, or Special Assessment Bonds instead of General Obligation Bonds. g) The length of a bond issue shall relate to the useful life of the projects which it is financing. The City will attempt to schedule Bond Issues so that an equal principal amount is retired each year over the life of the Issue, producing a total debt service schedule with a declining balance each year. h) Each proposed borrowing shall analyze the impact of the future debt service upon projections of operating revenues and expenditures and the City Commission must make a finding that the impact will not diminish the City's ability to continue to provide services. I) Long-term borrowing shall be used only for capital projects listed in the Capital Project Schedule of this Element. Objective A-4 Future development shall continue to pay its proportionate share for providing needed public facilities and shall be responsible for the extension of public facilities to the site of development. Policy A-4.1 The City shall continue with the programs which it has established for water, sewer connection fees and park facilities impact fees. Policy A-4.2 The City hereby endorses the Palm Beach County Traffic Impact Fee Program and commits to the collection and transfer of funds pursuant to that program. Policy A-4.3 The City shall require the dedication of right-of-ways for street systems and easements for utility systems concurrent with the appropriate stage of granting of development orders. The size and location of such dedications shall be consistent with the Transportation and Public Facilities Elements. Policy A-4.4 New development shall be required to extend public utilities for water, sewer, and drainage to the furthest portions of the property which is being developed in a manner so that adjacent property will have access to the facilities. 81 Capital Improvement Element This policy shall apply in all cases unless it is determined by the City Engineer that no good purpose is served by such extensions and no other development will occur at the end of such extensions. Policy A-4.5 New development should be required to install sidewalks along abutting streets and should be responsible for the construction of one half of any street which abuts the property being developed whether it services the development or not. The developer's responsibility is limited to one half of a local street unless the improvement is needed in order to met LOS standards, in which case full improvement is required. Objective A-5 The City shall maintain programs and procedures to insure that the land use decision- making process is coordinated with the capital improvement element. Objective A-6 The City of Delray Beach shall limit public expenditures on the barrier island which subsidize increased development intensities beyond those shown on the Future Land Use Map, or development which adversely affects hurricane evacuation times. Objective A-7 For any land use project which requires review and action by the City Commission, Local Planning Agency (LPA) or other approving Board, the Board shall review the project with respect to all facets of the Comprehensive Plan. Upon such review, the Board shall provide findings addressing consistency of the project with the Plan. A finding of overall consistency must be made in order for the project to be approved and shall include specific reference to the manner in which public facility needs created by the project will not exceed the ability of the City to fund and provide or to require the provision of the needed capital improvements. (b5) Policy A-7.1 A finding of consistency shall not be made if the zoning designation for the project is not consistent with the designations on the Future Land Use Map, and its supporting policies. A finding of consistency shall not be made if the project will not meet the test of concurrency pursuant to Policy A-3.6 of this element. A finding of consistency may be made even though the project will be in conflict with some individual policy statements contained within the Plan; provided that the LPA finds that the beneficial aspects of the project (hence implementation of some policies) outweighs the negative impacts of the identified points of conflict. Objective A-8 The School District of Palm Beach County shall maintain minimum level of service standards for public school facilities, as defined in the Public School Facilities Element and in accordance with the "Palm Beach County Interlocal Agreement with 82 Capital Improvement Element Municipalities of Palm Beach County and The School District of Palm Beach County To Establish Public School Concurrency". In the case of public school facilities, the issuance of Development Orders, Development Permits or development approvals shall be based upon the School District of Palm Beach County's ability to maintain the minimum level of service standards as established in Policy A-1.1, Public School Facilities Element Policy A-8.1 For public school facilities, the applicant for a Development Order or Development Permit which includes any residential component shall provide a determination of capacity by the School District of Palm Beach County that the proposed development will meet the public school facilities level of service. A determination by the School District is not required for existing single family legal lots of record, in accordance with the Public School Facilities Policy A-1.8, Public School Facilities Element. Policy A-8.2 In accordance with Public Schools Facilities Element Policy A-1.1, prior to issuance of a Development Order/Permit, the School District of Palm Beach County shall determine that the level of service for public school facilities can be achieved and maintained. The necessary public school facilities shall be considered to be in place when sufficient capacity exists in the concurrency service area (CSA) in which the proposed development is located, or an immediately adjacent CSA. Policy A-8.3 The School District of Palm Beach County Five, Ten and Twenty Year Capital Improvement Schedules included in (TABLE SD-CIP) are adopted as a supplement to the City of Delray Beach's "Five Year Capital Improvements Schedule". GOAL AREA "B" THE CITY OF DELRAY BEACH SHALL PROVIDE PUBLIC FACILITIES AND SHALL INVEST PUBLIC FUNDS TO ENHANCE THE QUALITY OF LIFE THROUGHOUT THE COMMUNITY AND TO PROMOTE AND ACHIEVE CULTURAL AND ECONOMIC GROWTH. Objective B-1 The fiscal policies and activities established in Goal Area A shall apply to programs and activities which have been identified in other elements and in this element. Policy B-1.1 All projects and activities identified in The Inventory Section shall be included on the schedule of improvements of this Element. Policy B-1.2 These projects and activities shall be subject to the rules of implementation of that schedule with the exception that changes in priority or timing may be enacted as local amendments to the Comprehensive Plan. 83 ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation on aCity-initiated Annexation, Future Land Use Map Amendment from County INST (Institutional) to City CF (Community Facilities) with initial zoning of CF (Community Facilities) for Fair Oaks Hospital. The affected property is located on the south side of Linton Boulevard, approximately 2,150 feet west of Military Trail, and contains approximately 5.47 acres. LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. BACKGROUND The property under consideration is an unplatted 5.47 acre parcel which contains a 59,420 sq. ft. hospital, known as Fair Oaks Hospital. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent Delray Medical Center, medical office and shopping center developments. The facility was constructed in 1983, and City water and sewer facilities were extended to the development. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center. The agreement stated that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center by 2005 (completed), Fair Oaks Hospital by 2008 (subject project), and Lago Vista property by 2011. The City is processing the FLUM (Future Land Use Map) amendment from County INST to City CF and the Annexation with initial zoning of CF, pursuant to the referenced agreement. FUTURE LAND USE MAP AMENDMENT ANALYSIS This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). REQUIRED FINDINGS: LDR (CHAPTER 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map [Section 3.1.1(A)], Concurrency [Section 3.1.1(6)], Comprehensive Plan Consistency [Section 3.1.1(C)], and Compliance with the Land Development Regulations [Section 3.1.1(D)]. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a CF (Community Facilities) zoning district. The proposed CF Future Land Use Map designation is consistent with the proposed CF zoning designation. The existing hospital is allowed as a conditional use within the CF zoning district [ref. LDR Section 4.4.21(D)(1)]. Based upon the above, positive findings can be made with respect to Future Land Use Map consistency. P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: ^ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The above requirement does not apply as the FLUM amendment is associated with an annexation, and the advisory CF (Community Facilities) FLUM designation is being applied. The proposed City CF FLUM designation is consistent with the County INST FLUM designation. ^ Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The request is to apply the advisory CF FLUM designation, which was applied to this property with adoption of the Comprehensive Plan and Future Land Use Map in 1989. Thus, the designation is consistent with the goals, objectives, and policies of the Comprehensive Plan. ^ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The proposed CF designation is of the same intensity as the existing County INST designation. Thus, the act of officially adopting the City's Community Facilities (CF) Future Land Use Map designation has no negative impact with respect to level of service standards. ^ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. North: North of the subject property contains the Lago Vista Rehabilitation Facility and it has a County Future Land Use Map designation of INST/8 (Institutional, with an underlying High Residential-8 units per acre), and an advisory City FLUM designation of CF (Community Facilities). South: The abutting property to the south has a County Future Land Use Map designation of MR-5 (Medium Residential, 5 units per acre) and is zoned RS/SE (Single Family Residential). The existing use of the property is the Country Lake Subdivision. East: The property to the east, has a City Future Land Use Map designation of CF (Community Facility) and is zoned CF (Community Facility). The existing use is the Delray Medical Center. 2 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF West: The property to the west contains the Addison Trace residential subdivision and has a County Future Land Use Map designation of MR-5 (Medium Density- 5 units per acre) and a County zoning designation of PUD (Planned Unit development). The existing hospital complex has co-existed with the surrounding developments for many years. The application of the advisory CF Future Land Use Map designation to the existing community facilities property is compatible with existing and future land uses of the surrounding area. Site specific compatibility of future development with the adjacent developments will be addressed at the time of site and development plan review of future development proposals. ^ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. There is no development proposal associated with the Annexation, FLUM amendment, and initial zoning requests. Compliance with the Land Development Regulations will be addressed with future development proposals. There are no problems anticipated with the ability to comply with the Land Development Regulations. ANNEXATION ANALYSIS Land Development Reaulations Governina Annexations: Pursuant to the LDR Section 2.4.5 (C)(1), the City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. The City initiated annexation is pursuant to the Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment executed on March 18, 1999. CONSISTENCY WITH THE CITY COMPREHENSIVE PLAN: Designated Annexation Area: Pursuant to Future Land Use Element Policy B-3.5, the property to be annexed is located within "Annexation Area B", southwest corner of Linton Boulevard and Military Trail. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be and are provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff patrol zone 9. Zone 9 is bordered by Jog Road on the west, the Atlantic Ocean on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be accommodated by "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach Police Department has 15 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. City police currently pass the property while patrolling areas of the City to the east of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The adjacent municipal area is served by Fire Station No. 5 (Linton Boulevard & Germantown Road). With annexation, the property will receive an improvement in response time from the current 3.5 minutes of the County Fire Department (Pheasant Walk Station) to approximately 1.5 minutes for the City Fire Department (Fire Station No. 5). 3 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF Police and Fire Personnel Needs: This annexation does not directly generate the demand for additional Police and Fire personnel. However, this annexation in conjunction with the recent annexations of Country Club Acres, The Colony, Bexley Park and the Delray Medical Center as well as the redevelopment that has occurred in the City, have generated additional demands for personnel from both the Police and Fire Rescue Departments. These needs have been addressed through the City budgetary process. Water and Sewer: The existing development is connected to the City municipal water and sewer system, via 8" and 10" water mains, and 8" sewer mains. As part of the Agreement for Water and Sewer Service in 1981, these mains were extended to the site. Streets: This property has direct access to Linton Boulevard through the adjacent Delray Medical property, and to Military Trail via an access tract through Palm Court Plaza. The portion of Military Tail immediately adjacent to the Wal-Mart and Palm Court Plaza is under the jurisdiction of the City of Delray Beach, while the maintenance responsibility remains with Palm Beach County. Linton Boulevard is under Palm Beach County jurisdiction. The jurisdictional responsibility and the associated maintenance responsibility will not change with this annexation. As the property is currently developed as a hospital, there will be no change with respect to traffic. With any proposals for building additions, traffic will be evaluated. Parks and Open Space: The existing institutional development does not have an impact with respect to this level of service standard. It is noted, however, that the City currently provides approximately 8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: NOTE: The following analysis includes the Fair Oaks Hospital facility, which is being considered for annexation at this time. Palm Beach County Property Appraiser's records include Fair Oaks and the Delray Medical Center as one parcel, which has one property control number (Tax I.D. Number). Thus, the County's assessment incorporates all the improvements within the parcel. Prior to annexation, the two facilities will need to have their own property control numbers. The following is provided for illustration purposes and are estimates based upon the current situation. The actual fiscal impacts will be less than indicated below. For the 2007 tax year, Fair Oaks Hospital had an assessed value of $4,191,198. With the change from County to City jurisdiction, the following taxes and rates will be affected: Taxes Fire/Rescue MSTU Library City of Delray Beach City of Delray Beach Debt Millage With Annexation 2.7794 Deleted (County) .4970 Deleted (County) 6.1449 Added (City) .4334 Added (City) 3.3019 Difference* * Total tax millage in the County is 16.7916 mills, while in the City the total millage rate is 20.0935 mills. 4 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF The current yearly Ad Valorem taxes are $70,376.93. With annexation the yearly Ad Valorem taxes will be $84,215.83, a tax difference of $13,838.90. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility -This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units, the assessment fee is calculated using the following formula (# sq. ft. of impervious area/2,502) X $54. A 25% discount from the assessment is available if drainage is retained on site. Also, a 25% discount from the assessment is available because the subject property is located within the Lake Worth Drainage District. As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $848.34 (33% Impervious= 78,630/2502 X $54.00/50%). A further increase based upon new impervious surfaces will be realized with future development redevelopment of the site. Solid Waste Authority -The South Military Trail annexation area is serviced by Waste Management (pursuant to a contract awarded on October 1, 2003), and the City's contract is currently through Waste Management. Therefore, the waste service provider will remain with Waste Management upon annexation. Business Tax Receipts -The hospital has a county business tax license. With the annexation, the hospital must obtain a Business Tax license from the City, in addition to the County's license. The City license fee is $149.10. Water/Sewer Rates -The Fair Oaks Hospital is currently served by municipal water and sewer. Properties not located within the City that receive City water and sewer service are assessed an Out-of- City surcharge. Under that scenario, annexation of properties receiving municipal water would see a 25% reduction in water and sewer rates. Thus, the hospital will experience a decrease in water and sewer rates. In conjunction with the amendment to the agreement in 1999, an "Agreement and General Release" was included whereas the City agreed to make certain reimbursements for use of certain water lines, mains and lift stations installed by the developers. The City would pay a total of $224,735.00 to cover the reimbursements set forth in the water/sewer agreement entered into by the parties in February 1981. The payment was divided into five equal payments of $44,947.00 fora 5 year period commencing March 1, 2001. These payments have been completed and the City financial obligations in this regard have been satisfied. Resulting Impacts to Property Owner: SUMMARY OF IMPACTS ON THE PALM COURT PLAZA FINANCIAL CONSIDERATIONS AD VALOREM TAXES (Change from 2007/2008 County of 16.7961 to City 2007/2008 $ 13,838.90 rate 20.0935 mills (3.3019). NON AD VALOREM Stormwater Assessment $ 848.34 BUSINESS TAX LICENSE FEES $149.10 ANNUAL FINANCIAL IMPACT: $14,836.34 • Water and Sewer fees will decrease with annexation, and is based upon consumption. 5 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF FIRE RESPONSE + Faster response time from (estimated time) 3.5 minutes (County) to 1.5 minutes (City) EMS + Faster response time from (estimated time) 3.5 minutes (County) to 1.5 minutes (City) 6.0 minutes (County) to 1.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT +Pro-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2008/2009 City operating millage rate of 6.1449 mills and debt rate of 0.4334 mills, the property will generate approximately $27,570.96 in new Ad Valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the stormwater assessment fee, business tax fees, as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C)(4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F.S. 171. As stated above, the subject property is located within designated annexation Area B. Its annexation is consistent with Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida Statute Section 171 as it pertains to annexations. The property is contiguous, reasonably compact and does not create an enclave: and, services will be provided to the property in a manner similar to other similar properties within the City. ZONING ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. 6 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, C, and E are not applicable with respect to this rezoning request. The applicable performance standard of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility is not a concern as the property currently contains the Fair Oaks hospital which has existed at this location since 1983. The initial CF (Community Facilities) zoning designation will accommodate the existing hospital as a conditional use. There is no development proposal associated with this request. Compatibility of any future development proposals with the adjacent developments will be appropriately addressed with review of a site and development plan request and/or a conditional use request, if necessary. Section 2.4.5(Dl(51 (Rezonina Findinasl: Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning should be granted relates to Item "b", and Item "c". The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The annexation requires that an appropriate City zoning designation be applied to the property. The CF zoning designation is of similar intensity as that allowed under the proposed City CF and existing County INST land use designations. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property development is allowed under the proposed CF zoning districts. With review of the annexation request, a site visit was conducted and no apparent code violations exist. Any future development will be required to comply with the Land Development Regulations. REVIEW BY OTHERS The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On February 14, 2008, the Palm Beach County Planning Division was notified of the City's intent to annex this property. The City received a response from the County on March 17, 2008 in which the county acknowledged the request was consistency with Chapter 171 F.S. and they had no objection. 7 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, no objections have been received. Courtesy Notice: Courtesy notices were sent to the following homeowners associations and civic associations: • Neighborhood Advisory Council Public Notice: Formal public notice has been provided to the property owner and to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections 3.1.1 and 3.2.2 of the Land Development Regulations, and the policies of the Comprehensive Plan. The change is to a designation allowing a similar intensity to that which exists, and allowed under the existing County land use designation. Accommodating the annexation of this property and affixing an initial City zoning designation of CF (Community Facilities) is consistent with the City's program for annexation of territory within its Planning and Service Area. The CF zoning designation is consistent with the existing use of the property. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. An increase in taxes and stormwater assessment fees will result. Positive findings can be made with respect to LDR Section 2.4.5(C)(4) and 2.4.5(D)(5), which relate to required findings for Annexations and Rezonings. The City will receive additional revenue from property taxes, and stormwater assessment fees, which will result in a net increase to the City. In addition, revenues will be received from utility taxes and franchise fees. ALTERNATE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. C. Move a recommendation of denial to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and does not comply with Florida Statutes Chapter 171. 8 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF STAFF RECOMMNEDATION Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. Attachments: Future Land Use Map & Zoning Map 9 JNINC/CRP ~~ATE~ ,l \\ ~~- Cqs ~ G~~~ VERDES } ~ Q 3 w 0 J J~ -- I a~ ~~ ~ I L I N T ON B O U L E V A R D ~+~,-F~tk~t~+f++f++ftt '~ ~~ ~-I+~;+t~+t~+~+t7tff ~I+~;+t~~,'+trr~+ '~ ~~ I CANAL L-36 - Sau th Trus t i - Bank i P ~ PALM ~ GOJ~~~~ o DEL AY MEDICAL COURT >- ~. Q CENTER CONDOS ~Q~O ~ PLAZA ~ Q ~ DELRAY I _ I-- ~ MEDICAL - ~ ~ CENTER ', J Q ~ Z Q U ~ GC - ~ ~ ~ WAL-MART li r I ~ I i 1 U~JINCCRPOR,ATE pq~M c3 'I-ACH COUNTY O ~~~c` LAKe~~ i I --- ~- ~_~ 0 ~', • N SUBJE~ FAIR OAKS CENTER -~- PROPOSED ANNEXATION arY uMITS FUTURE LAND USE MAP AMENDMENT FROM COUNTY G TY OF DELRAY BEACH, FL ~ I I ~ I I ~ I I ~ PLANNING ~ zoNwc DEPARTMENT INST/18 TO CITY CF (COMMUNITY FACILITIES) -- DlCIrAL BASE MAP SYSTEM -- MAP REF: LMA-226A MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 10, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 ORDINANCE N0.26-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) amending Section 4.3.3, "Special Requirements for Specific Uses", Subsection (S), "Telecommunications Towers and Antennas", Paragraph (2), "Freestanding Telecommunication Towers" to add Barwick Park and Lakeview Golf Course properties to allow monopoles. BACKGROUND At the first reading on June 3, 2008, the Commission passed Ordinance No. 26-08. RECOMMENDATION Recommend approval of Ordinance No. 26-08 on second and final reading. ORDINANCE NO. 26-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (S), "TELECOMMUNICATION TOWERS AND ANTENNAS", SUB-SUBSECTION (2), "FREESTANDING TELECOMMUNICATION TOWERS", TO ADD BARWICK PARK AND LAKEVIEW GOLF COURSE PROPERTIES TO ALLOW MONOPOLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 19, 2008, and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (S), "Telecommunication Towers and Antennas", Sub-Subsection (2), "Freestanding Telecommunication Towers", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (2) Freestanding Telecommunication Towers: Freestanding telecommunication towers are permitted as follows: (a) Monopole towers having a maximum height of 64 feet are a permitted use in the following zoning districts: 1. Planned Commercial (PC) 2. Planned Commerce Center (PCC) 3. Mixed Industrial and Commercial District (MIC) 4. Light Industrial (LI) 5. Industrial (I) 6. Open Space and Recreation (OSR) 7. Community Facilities (CF) (b) Monopole towers having a maximum height greater than 64 feet may be permitted as a conditional use in the following zoning districts: 1. Planned Commerce Center (PCC) 2. Mixed Industrial and Commercial District (MIC) 3. Light Industrial (LI) 4. Industrial (I) 5. Open Space and Recreation (OSR) (on sites greater than 10 acres in size) 6. Community Facilities (CF) (on sites greater than 10 acres in size) (c) Notwithstanding the above listed requirements, monopole towers greater than 64 feet in height are a permitted use when located on the public properties listed below. Towers that are to be located on these properties are not subject to the minimum separation requirement between towers. Towers shall be located so as to create the least potential visual impact on adjacent rights-of--ways and residential areas. 1. Miller Park, 1905 S.W. 4th Avenue 2. Delray Beach Municipal Golf Course, 2200 Highland Avenue 3. Public Works Complex, 434 South Swinton Avenue 4. South Central Regional Wastewater Treatment Facility, 1801 North Congress Avenue 5. Lakeview Golf Course 6. Barwick Park 2 ORD. NO. 26-08 (d) Lattice and guyed towers may be permitted as a conditional use in the following zoning districts: 1. Community Facilities (CF) (on sites greater than 10 acres in size) 2. Industrial (I) (e) Development Standards and Criteria: 1. Height: a. Tower height shall not exceed 125 feet unless a waiver is granted pursuant to Subsection 4.3.3(S)(7) b. Tower height is to be measured from the crown of the road of the nearest public right of way. The measurement of the tower height shall include any apparatus that extends above the tower structure, with the following exceptions: (1) Lightning rods, safety lighting, and any other apparatus required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) to ensure the safe operation of the facility. (2) Whip antennas not exceeding 6 inches in diameter may extend 10 feet above the height of the tower structure. 2. Setbacks: (a) Towers shall be located a minimum of fifty (50) feet from any existing or proposed public street right-of--way line. (b) The minimum distance between a monopole tower and the nearest property line of a residential zoning district shall be equal to 200% of the height of the tower. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 3 ORD. NO. 26-08 Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST: City Clerk First Readi Second Reading MAYOR 4 ORD. NO. 26-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director of Planning and Zoning Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: May 27, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JUNE 3, 2008 ORDINANCE N0.26-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to add Barwick Park and Lakeview Golf Course to the list of public properties where freestanding telecommunication monopole towers are permitted. BACKGROUND The existing regulations in LDR Section 4.3 3 (S), Telecommunication Towers and Antennas, include a section that lists specific public properties that are allowed to have monopole towers greater than 64 feet in height, and that are also not subject to minimum separation requirements between towers. Towers must be located to create the least potential visual impact on adjacent right-of--ways and residential areas. The current list of public properties includes: 1. Miller Park 2. Delray Beach Municipal Golf Course 3. Public Works Complex 4. South Central Regional Wastewater Treatment Facility This amendment would add Barwick Park and Lakeview Golf Course as the 5th and 6th properties to this list. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 19, 2008. One member of the public spoke on the issue and did not feel that another tower was justified in such close proximity to the tower currently located adjacent to Fire Station #4. The Board unanimously recommended approval on a 7 to 0 vote, to add Lakeview Golf Course only to the public properties list, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations RECOMMENDATION By motion, approve on first reading Ordinance No. 26-08 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the fmdings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 10, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 ORDINANCE N0.25-2008 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) amending Section 4.7.8, "Resale and Subsequent Rentals of Affordable Units", to expand the circumstances in which title may be transferred without restriction. BACKGROUND At the first reading on June 3, 2008, the Commission passed Ordinance No. 25-08. RECOMMENDATION Recommend approval of Ordinance No. 25-08 on second and final reading. ORDINANCE NO. 25-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.7.8, "RESALE AND SUBSEQUENT RENTALS OF AFFORDABLE UNITS" TO EXPAND THE CIRCUMSTANCES IN WHICH TITLE MAY BE TRANSFERRED WITHOUT RESTRICTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 19, 2008 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.7.8, "Resale and Subsequent Rentals of Affordable Units", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.7.8, "Resale and Subsequent Rentals of Affordable Units". To maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County: a. All workforce housing units shall remain affordable for a period of not less than forty (40) years commencing from the date of initial occupancy of the unit. b. All workforce housing units must be rented or sold to eligible households. There shall be no provisions for releases from the sale or rental of workforce units to eligible households. Workforce housing units may be resold to non-eligible households only when the restriction expires. c. Deed restrictions or restrictive covenants and/or bylaws designed to ensure continued affordability shall be embodied in legally binding agreements which shall be approved by the City Attorney prior to recording. d. Workforce housing unit resales shall be limited to households of the same category relative to income. e. The sales price of workforce housing units may not exceed the upper limit of affordability for the income category to which the unit was originally assigned. f. Transfers of title under the following circumstances shall be allowed, and are not subject to the restrictions included in this program: Transfers ' upon death of owner~_ n~ g. No resales of workforce housing units shall be completed until the requirements of this chapter are met. Section 3. That should any section or provision of this ordinance or any portion thereof, 2 ORD. N0.25-08 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST MAYOR City Clerk First Readi Second Reading 3 ORD. N0.25-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director of Planning and Zoning Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: May 27, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF JUNE 3, 2008 ORDINANCE N0.25-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to expand the circumstances in which affordable units may be transferred without restriction. BACKGROUND The proposed LDR text amendment expands the circumstances under which transfer of title to affordable units is allowed under LDR Article 4.7, Family/Workforce Housing. The amendment simplifies language allowing transfer when the owner of a unit dies and removes references to spouses, offspring, or divorce. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 19, 2008. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 25-08 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the fmdings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 11, 2008 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 ORDINANCE N0.27-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.6, "Commercial and Industrial Uses to Operate Within A Building", Subsection "A", "Intent", in order to clarify that all commercial and industrial uses shall conduct business inside regardless of zoning district. BACKGROUND At the first reading on June 3, 2008, the Commission passed Ordinance No. 27-08. RECOMMENDATION Recommend approval of Ordinance No. 27-08 on second and final reading. ORDINANCE N0.27-08 AN ORDINANCE OF THE CITY CONMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.6, "COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING", SUBSECTION "A", "INTENT", IN ORDER TO CLARIFY THAT ALL COMMERCIAL AND INDUSTRIAL USES SHALL CONDUCT BUSINESS INSIDE REGARDLESS OF ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 19, 2008 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Comrission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, the City Commission desires to clarify that all commercial uses shall be conducted inside no matter which zoning district in which they are located NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.6.6, "Commercial and Industrial Uses to Operate Within a Buildingr', Subsection (A) "Intent", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as follow: Section 4.6.6 Commercial and Industrial Uses to Operate Within a Building: (A) Intent: 1 xr~r "cc~c-vr-c~cvriQrici" "ti~C~S,~n"~' azcaz''6T~cmti~C~S~ ca ~ coed All commercial and industrial uses shall conduct business within a completely enclosed building rather than outside regardless of the zoning district. However, certain aspects of a use maybe conducted outside and such aspects are identified in (S) below: (2) Certain conditional uses that are allowed within commercial, industrial, and mixed use districts can be characterized as outside uses. Such operations maybe conducted outside when it is specifically determined through the conditional use process that the outside aspects of the use are appropriate. Conditions maybe applied to mitigate visual and other impacts. (3) Commercial and industrial uses maybe allowed outside on a temporary basis for special events pursuant to Section 2.4.6(F). Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. N0.27-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director of Planning and Zoning Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: May 27, 2008 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF JUNE 3, 2008 ORDINANCE N0.27-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to clarify that all commercial and industrial uses shall conduct business inside, regardless of the zoning district within which they are located. BACKGROUND Current regulations require commercial and industrial uses to conduct business within a completely enclosed building, but specifically reference only commercial, industrial, and mixed use zoning districts. This ordinance amends the LDRs to clarify that all commercial and industrial uses must conduct business within a completely enclosed building regardless of zoning district. The ordinance also amends the LDRs to allow commercial and industrial uses to be conducted outside on a temporary basis for special events pursuant to Section 2.4.6(F). This section includes examples of such special events as follows: ^ Circuses or Carnivals ^ Seasonal Farmer's Market ^ Construction Trailers and Compounds ^ Horse Drawn Carriage Rides, Ice Skating Rinks and Carousels REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 19, 2008. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 27-08 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the fmdings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: MAY 19, 2008 AGENDA NO: IV.F. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.6.6, "COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING," TO CLARIFY THAT ALL COMMERCIAL AND INDUSTRIAL USES SHALL CONDUCT BUSINESS INSIDE REGARDLESS OF ZONING DISTRICT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that clarifies that all commercial and industrial uses shall conduct business inside, regardless of the zoning district within which they are located. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Current regulations require commercial and industrial uses to conduct business within a completely enclosed building, but specifically reference only commercial, industrial, and mixed use zoning districts. This ordinance amends the LDRs to clarify that all commercial and industrial uses must conduct business within a completely enclosed building regardless of zoning district. The ordinance also amends the LDRs to allow commercial and industrial uses to be conducted outside on a temporary basis for special events pursuant to Section 2.4.6(F). This section includes examples of such special events as follows: ^ Circuses or carnivals ^ Seasonal Farmer's market ^ Construction trailers and compounds ^ Horse Drawn Carriage Rides, Ice Skating Rinks and Carousels REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While no specific goal or objective directly addresses the specifics of where businesses should be conducted, the amendment would not be inconsistent with the Comprehensive Plan. Planning and Zoning Board Meeting, May 19, 2008 LDR Amendment -Commercial and Industrial Uses to be conducted inside REVIEW BY OTHERS The following advisory boards reviewed the proposed amendment and made the following recommendations to the City Commission: The Community Redevelopment Agency (CRA) on May 8, 2008 voted unanimously to recommend approval of the proposed text amendment. The Downtown Development Authority (DDA) on May 12, 2008 voted unanimously to recommend approval of the proposed text amendment. The West Atlantic Redevelopment Coalition (WARC) on May 14, 2008 voted unanimously to recommend approval of the proposed text amendment. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.6.6, "Commercial and Industrial Uses to Operate Within a Building," by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.6.6, "Commercial and Industrial Uses to Operate Within a Building," by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.6.6, "Commercial and Industrial Uses to Operate Within a Building," by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). attachment: ^ proposed ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: June 10, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF .TUNE 17, 2008 ORDINANCE N0.29-08 ITEM BEFORE COMMISSION The item before Commission is Ordinance No. 29-08 amending chapter 117, "Landlord Permits", by amending section 117.99, "Penalty", to provide for a waiver of triple fees upon good cause shown to the Code Enforcement Board. BACKGROUND The attached proposed ordinance provides for waiver of all or part of the triple fee penalty for landlord permits if the Code Enforcement Board makes a determination that there is excusable neglect or good cause for a waiver. "Excusable neglect" is defined as a reasonable misunderstanding, clerical error or other credible explanation and "good cause" is defined as an unreasonable burden or expense. RECOMMENDATION City Commission discretion. ORDINANCE N0.29-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, SY AMENDING CHAPTER 117, "LANDLORD PERMITS", SY AMENDING SECTION 117.99, "PENALTY", TO PROVIDE FOR A WAIVER OF THE TRIPLE FEES UPON GOOD CAUSE SHOWN TO THE CODE ENFORCEMENT BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide a waiver from the triple fee penalty for late payment of landlord permit fees upon good cause shown by the landlord such as the existence of an undue burden or expense upon the landlord caused by extenuating circumstances or mistake outside of landlords' control; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide for exceptions to the triple fee penalty upon a showing of excusable neglect such as a reasonable misunderstanding, clerical error or other credible explanation pursuant to Bethesda Memorial Hospital, Inc. v. Laska. 977 So.2d 804 (Fla 4th DCA 2000); and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide for exceptions to the triple fee penalty for a showing of good cause such as "an unreasonable burden' pursuant to Office of the Attorney General, Departmealt of Legal Affairs, State of Florida v. Millennium Commissions & Fulfillmealt, Inc., 800 So.2d 255 (Fla. 3rd DCA 2001). NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord Permits", Section 117.99, "Penalty", of the Code of Ordinances of the City of Delray Beach, Florida, shall herebybe amended to read as follows: Sec. 117.99. PENALTY. Should any person or entity required to obtain a landlord permit Linder Section 117.01 not file an application for such landlord permit within thirty (30) days of acquiring interest in any qualifying property, or renew such permit within sixty (60) days of the annual renewal date, the permit fees shall be tripled, unless the Code Enforcement Board makes a determination that there is excusable neglect or good cause to waive all or part of the triple fee penalty. an unreasonable burden or expense. ~. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST City Clerk First Reading Second Reading MAYOR 2 ORD. N0.29-08